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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
Friday, May 9, 2025, Vol. 29, No. 128
Headlines
1309 RED RIVER: Seeks Chapter 11 Bankruptcy in Texas
1363 FIRST OWNER: Seeks to Tap Goldberg Weprin Finkel as Counsel
237 WEST 54TH: Secured Party Schedules June 10 Auction
23ANDME HOLDING: Gets Final Approval for Stock Transfer Protocol
23ANDME HOLDING: Trustee Gets WashU Law Prof as Privacy Ombudsman
3101 SAGE RD: Seeks Approval to Tap Larry A. Vick as Legal Counsel
3120 THE BANK: Section 341(a) Meeting of Creditors on June 6
340 BISCAYNE: Seeks Approval to Hire BDO USA as Accountant
36TH STREET: Receiver's Rights, Powers Cancelled Following Sale
564-566 KELTON: Seeks to Hire Kelly & Bracey as Counsel
76 M: Seeks to Sell 57th St Property to Herdawit Balcha or BluLoft
9270 W. BAY: Seeks to Hire Mark S. Roher as Legal Counsel
ACCRX INC: Seeks to Hire Lipton Law Group as Bankruptcy Counsel
ADVANCED DOMINO: Plan Exclusivity Period Extended to August 12
AGEAGLE AERIAL: Names Alison Burgett as Chief Financial Officer
AIR INDUSTRIES: 2025 Annual Meeting Set for June 26
ALL AMERICAS: Opposes Abornes' Motion to Appoint Receiver
ALL SAFE: Unsecureds Will Get 5% of Claims over 60 Months
ALLEGIANT TRAVEL: Egan-Jones Retains B Senior Unsecured Ratings
AMERI-DENT DENTAL: Seeks Subchapter V Bankruptcy in Florida
AMERICAN PERFORMANCE: Case Summary & 20 Top Unsecured Creditors
APPLICO LLC: Hires Bush Law Firm LLC as Bankruptcy Counsel
ARCHDIOCESE OF SAN FRANCISCO: Creditors Sue to Reclaim Assets
ASCEND PERFORMANCE: U.S. Trustee Appoints Creditors' Committee
ASPIRA WOMEN'S: Nasdaq Delists Shares; Trading Suspended
ASPIRA WOMEN'S: Registers $2 Million Resale of Common Stock
ATM AFFILIATES: Voluntary Chapter 11 Case Summary
AVON PLACE: Unsecured Creditors to be Paid in Full in Plan
B&B OUTDOOR: Seeks to Sell Machineries at Auction
B.A.S.S. & M.: Court OKs Real Estate Sale at Auction
BALL CORP: Egan-Jones Retains BB+ Senior Unsecured Ratings
BEARSVILLE LLC: Case Summary & 20 Largest Unsecured Creditors
BED BATH: Investor Drops Meme-Stock Case After Class Action Denial
BEELINE HOLDINGS: Regains Compliance With Nasdaq Listing Rule
BEELINE HOLDINGS: Reports $13.1 Million Net Loss for 2024
BELLEVUE HOSPITAL: Hires Plante & Moran as Accountant and Auditor
BEVERLY COMMUNITY: Trustee Taps Special Counsels, Financial Advisor
BIG LOTS: Seeks to Extend Plan Exclusivity to July 6
BIOREGENX INC: Posts $23.1M Net Loss in FY24, Up From $3.6M in FY23
BISHOP OF OAKLAND: Fine-Tunes Plan Documents
BIT-TECH LLC: Seeks Approval to Hire Pepper & Nason as Counsel
BNG GROUP: To Sell Sterling Property to ABH Holding for $8.3MM
BOLLINGER MOTORS: Creditor Renews Bid to Appoint Receiver
BOLLINGER MOTORS: Objects to Renewed Motion to Appoint Receiver
BRIGHT CARE: U.S. Trustee Unable to Appoint Committee
BROKENSTRAW VALLEY: Seeks Subchapter V Bankruptcy in Texas
CAN BROTHERS: Unsecureds Will Get 15% of Clams over 48 Months
CAN'T COOK: Hires Stichter Riedel Blain & Postler as Counsel
CAN'T COOK: Seeks to Tap Stichter Riedel Blain & Postler as Counsel
CARE NEW: Fitch Hikes Issuer Default Rating to 'BB', Outlook Stable
CAREPOINT HEALTH: Court Okays $20MM Interim DIP Funding
CATHETER PRECISION: Forms Cardionomix, Eyes $1.5-Mil. Asset Buy
CELSIUS NETWORK: Court Rejects Data Breach Lawsuit Dismissal Bid
CELSIUS NETWORK: Mashinsky Sentenced to 12 Yrs for Crypto Fraud
CFN ENTERPRISES: Reports $4.3 Million Net Loss for 2024
CHEFS' WAREHOUSE: S&P Affirms 'B+' ICR on Reduced Leverage
CM CUSTOM: Section 341(a) Meeting of Creditors on June 10
CNX RESOURCES: Fitch Affirms 'BB+' LongTerm IDR, Outlook Stable
COSMOS GROUP: Swings to $4.7 Million Net Income in 2024
COSMOS HEALTH: Reports $16.2 Million Net Loss for 2024
CTF CHICAGO: Court Extends Cash Collateral Access to May 31
CURIS INC: Thomas Satterfield Jr. Holds 9.9% Equity Stake
DANIMER SCIENTIFIC: Bid Procedures to Sell All Assets Approved
DB ASSETS: Seeks Chapter 11 Bankruptcy in Georgia
DC VENTURES: Seeks to Hire W. Thomas Bible Jr. as Legal Counsel
DEQSER LLC: U.S. Trustee Appoints Creditors' Committee
DIAMOND SCAFFOLD: Plan Admin. Taps Berger Singerman as Co-Counsel
DORMIFY INC: Plan Exclusivity Period Extended to June 19
DOS POTRILLOS: Hires Moses S. Bardavid as Bankruptcy Counsel
EDGIO INC: Court Approves Chapter 11 Plan Disclosures
EDGIO INC: Seeks to Extend Plan Exclusivity to June 16
ELEMENTS UES: Court Extends Cash Collateral Access
ELMWOOD VENTURES: Case Summary & 20 Largest Unsecured Creditors
ENGLOBAL CORP: William Coskey Holds 22% Stake as of April 10
EPIC SMOKEHOUSE: Seeks to Hire Chung & Press as Bankruptcy Counsel
ESCO OIL: Case Summary & 20 Largest Unsecured Creditors
EXACTECH INC: Creditors Barred from Sharing Solicitation Packages
EXTON OPERATING: U.S. Trustee Unable to Appoint Committee
EYENOVIA INC: Widens Net Loss to $49.8 Million in FY 2024
F21 OPCO: Committee Taps Cole Schotz PC as Delaware Co-Counsel
F21 OPCO: Committee Taps McDermott Will & Emery LLP as Counsel
F21 OPCO: Committee Taps Province LLC as Financial Advisor
FAMILY INTERNATIONAL: Seeks Chapter 11 Bankruptcy in Florida
FIRST CHOICE: Narrows Net Loss to $3.8 Million in 2024
FIRST CLASS: Court Oks to Sell Excess Equipment
FIRST CLASS: Five Trailers Sale to Multiple Buyers OK'd
FIRST CLASS: Storage Vaults Sale at New Jersey Location OK'd
FIRST CLASS: Trailer Sale to Rigo's Delivery Moving for $55K OK'd
FLEET RENTS: Gets Interim OK to Use Cash Collateral
FLY7 INSTALLATIONS: Taps Providence Financial as Accountant
FORTNA GROUP: S&P Downgrades ICR to 'CCC+', Outlook Negative
FORTUNA AUCTION: Seeks to Hire Schulman Lobel as Accountant
FRANCHISE GROUP: Kahn Objects Plan to Cut Him From Cash Pot
FRANCHISE GROUP: Plan Exclusivity Period Extended to June 2
FRANCIS TRUST: To Sell Penniman Property to Joshua Charles Wookey
FRANCIS TRUST: To Sell Southside Property to Laura Farr Member
FREE SPEECH: Jones' Atty Requests Disciplinary Process Be Paused
FREIRICH FOODS: Amends Motion to Sell NC Property at Auction
GENERAL ENTERPRISE: CFO Nanuk Warman Reports 1MM Underlying Shares
GIRARDI & KEESE: Tom Hospitalized, Will Miss Mental Test Hearing
GLOBAL CONCESSIONS: Hires Thompson Hine LLP as Special Counsel
GMS INC: S&P Alters Outlook to Stable, Affirms 'BB-' ICR
GRANITE CITY: Hires Michael T. Bowers as Accountant
GREEN TERRACE: Hires Berger Singerman LLP as Bankruptcy Counsel
GREENWAVE TECHNOLOGY: Posts $23.9 Million Net Loss for FY 2024
GREIF INC: Egan-Jones Cuts Senior Unsecured Ratings to BB+
HALL OF FAME: Fails to Meet Nasdaq's Minimum Bid Requirement
HARVEST SHERWOOD: Case Summary & 30 Largest Unsecured Creditors
HARVEST SHERWOOD: Files for Chapter 11 to Complete Wind-Down
HAWAII STAGE: Court Confirms Small Business Debtor's Plan
HAYS TABERNACLE: Seeks to Hire Compass as Real Estate Broker
HIGHRISE ELECTRICAL: Available Cash & Sale Proceeds to Fund Plan
HILTS LOGGING: Seeks to Hire John Maya as Real Estate Counsel
HOMEMAKERS REAL ESTATE: Case Summary & Eight Unsecured Creditors
HOOTERS OF AMERICA: Hires Foley & Lardner as Bankruptcy Counsel
HOOTERS OF AMERICA: Seeks Approval to Hire Ropes & Gray as Counsel
HOOTERS OF AMERICA: Seeks to Tap Accordion as Restructuring Advisor
HOOTERS OF AMERICA: Seeks to Tap SOLIC Capital as Investment Banker
HOOTERS OF AMERICA: Taps Keen-Summit Capital as Real Estate Advisor
HORSEY DENISON: Case Summary & 20 Largest Unsecured Creditors
HYPERSCALE DATA: Inks $5M Convertible Note Deal With Target Capital
HYPERSCALE DATA: Narrows Net Loss to $62.5 Million in 2024
HYPERTECH INC: Seeks Approval to Hire eXp Realty as Broker
I-SOLUTIONS DEVELOPMENT: Voluntary Chapter 11 Case Summary
IDEAL PROPERTY: Court OKs Columbus Property Sale to J. Powell
IMERYS TALC: U.S. Trustee Appoints New Rep for Donna Arvelo Estate
INFINITE GLOW: Hires Business Legal Group as Special Counsel
INNOVATIVE MEDTECH: Buys Ticketbash Assets, Grants Royalties
INTEGRITY REAL ESTATE: Plan Exclusivity Period Extended to June 16
INTERNATIONAL IMPULSE: Hires Carolyn Harmon CPA as Accountant
IQSTEL INC: Completes 1-for-80 Reverse Stock Split
IVANTI SOFTWARE: S&P Downgrades Issuer Credit Rating to 'SD'
JAZ NCR: Plan Exclusivity Period Extended to June 13
JBSB DESTINY: Case Summary & Four Unsecured Creditors
JDI CUMBERLAND: Seeks Chapter 11 Bankruptcy in Georgia
JEWELRY DESIGNER: Taps Prominent International Inc. as Gemologist
JRI LLC: Claims to be Paid From Income and Sale Proceeds
KENSINGTON VILLAGE: Hires Rountree Leitman Klein as Counsel
KIB1 LLC: Seeks to Hire Spencer Fane LLP as Counsel
LAURENT TOWER: Seeks Chapter 11 Bankruptcy in Texas
LCS UNLIMITED: Court Confirms Non-Appointment of Creditors' Panel
LEFEVER MATTSON: Hires Buchalter as Special Litigation Counsel
LEISURE INVESTMENTS: Trustee Forms 2-Member Chapter 11 Committee
LFTD PARTNERS: Terminates All LOIs with Sustainable, TMD, Others
LODGING ENTERPRISES: Hires CBRE Inc. as Real Estate Consultant
LUCAS CONSTRUCTION: Gets Extension to Access Cash Collateral
LUCKY AND BLESSED: Seeks to Hire Elite BAT Services as Accountant
M & M BUCKLEY: Court Extends Cash Collateral Access to May 30
M.I.S. COMMODITIES: Seeks Subchapter V Bankruptcy in Florida
MANE SOURCE: Bankruptcy Administrator Unable to Appoint Committee
MAXIMUS SUPPLY: Court OKs Continued Access to Cash Collateral
MCR HEALTH: Unsecured Claims Under $5K to Recover 75% in Plan
MEGNA HOSPITALITY: Case Summary & One Unsecured Creditor
MERCER INTERNATIONAL: Egan-Jones Retains B+ Sr. Unsecured Ratings
MILLENKAMP CATTLE: Hires Sterling Ag as Financial Consultant
MOLECULAR TEMPLATES: U.S. Trustee Unable to Appoint Committee
MOWBRAY WATERMAN: Hires Keller Williams as Real Estate Broker
MT. PLEASANT: U.S. Trustee Unable to Appoint Committee
NETCAPITAL INC: Registers 721,153 Warrant Shares for Resale
NEWELL BRANDS: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
NORTH AMERICAN SEALING: May 12 Deadline Set for Panel Questions
NORTHSTARR BUILDERS: Unsecureds to Split $10K over 48 Months
NUMALE CORP: Trustee Taps Garman Turner as Legal Counsel
O&S HOLDINGS: Court OKs Rio Verde's Motion to Appoint Receiver
OCEAN FIVE: Section 341(a) Meeting of Creditors on June 9
OZOP ENERGY: Reports $6.2 Million Net Loss for FY 2024
PARKLAND CORP: S&P Places 'BB' ICR on CreditWatch Positive
PARLOR RESTAURANT: Seeks to Hire MI Law Firm as Bankruptcy Counsel
PEOPLE FIRST: Seeks to Hire David L. Smith CPA as Accountant
PHOENIX ROSE: Seeks Subchapter V Bankruptcy in Tennessee
POWER REIT: Resolves Greenhouse Loan, Writes Off Properties
PPS 77 LLC: Seeks to Tap Bronson Law Offices as Bankruptcy Counsel
PR BINGHAM: Amends Motion to Sell Apartment Complexes at Auction
PR BINGHAM: Seeks to Hire Hester Baker Krebs as Bankruptcy Counsel
PR DIAMOND: Seeks to Hire Larson & Zirzow as Bankruptcy Counsel
PR MADISON: Seeks to Tap Hester Baker Krebs as Bankruptcy Counsel
PROVIDENTIAL LENDING: Case Summary & 17 Unsecured Creditors
PUBLISHERS CLEARING: Section 341(a) Meeting of Creditors on May 29
PUERTO RICO: Requests Commonwealth Funding to Settle PREPA Debt
QBD PACKAGING: Case Summary & 20 Largest Unsecured Creditors
RC BUYER: S&P Upgrades Issuer Credit Rating to 'B', Outlook Stable
RCM EQUIPMENT: Gets Interim OK to Use Cash Collateral Until May 14
RCM MANUFACTURING: Court OKs Interim Use of Cash Collateral
RCM SPECIALTIES: Gets Interim OK to Use Cash Collateral
RELIABLE HEALTHCARE: Files Amendment to Disclosure Statement
REMEMBER ME SENIOR: Committee Hires Johnson & Mulroony as Counsel
RITE AID: May 9 Deadline Set for Panel Questionnaires
RITE AID: Trustee Seeks Control of Insurance Suit
ROCK HOME: Case Summary & 20 Largest Unsecured Creditors
ROYAL INTERCO: Hires Epiq Corporate as Administrative Advisor
ROYAL INTERCO: Taps Livingstone Partners LLC as Investment Banker
ROYAL INTERCO: Taps Michael Ragano of Novo Advisors as CRO
ROYAL INTERCO: Taps Morris Nichols Arsht as Bankruptcy Counsel
SCHAFER FISHERIES: Seeks to Sell Fort Madison Property at Auction
SCILEX HOLDING: Implements 1-for-35 Reverse Stock Split
SEASONAL LANDSCAPE: Court Extends Cash Collateral Access to May 31
SELECTIS HEALTH: Reports $2.4 Million Net Loss for FY 2024
SEMILEDS CORP: Regains Compliance With Nasdaq's Equity Rule
SERVANT GROUP: Trustee Taps Pivot Health Law as Healthcare Counsel
SHARPLINK GAMING: Sets 1-for-12 Reverse Split to Meet Nasdaq Rule
SINCLAIR BROADCAST: Egan-Jones Retains CCC+ Sr. Unsecured Ratings
SMALL FORTUNE: Bankr. Administrator Unable to Appoint Committee
SMITH ENVIRONMENTAL: Hires Independence Legal as Special Counsel
SOBR SAFE: Posts $8.6M Loss for 2024; Going Concern Doubt Mitigated
SOLO REAL ESTATE: Case Summary & One Unsecured Creditor
SOUTHERN AUTO: Court Extends Cash Collateral Access to June 1
SOUTHWEST FT WORTH: Gets Interim OK to Use Cash Collateral
SPECTRUM GROUP: S&P Lowers ICR to 'SD' on Missed Interest Payment
SPICEY PARTNERS: Plan Exclusivity Period Extended to July 14
SPORTS INTERIORS: Court Extends Cash Collateral Access to May 31
STAFFING 360: Seeks Chapter 11 After Failed Merger, Stock Delisting
STEWARD HEALTH: Seeks to Extend Plan Exclusivity to June 23
SUGARLOAF VENTURES: Trustee Taps Finestone Hayes as Legal Counsel
SUNATION ENERGY: Widens Net Loss to $15.8 Million in 2024
SUNOCO LP: S&P Affirms 'BB+' ICR On Announced Acquisition
SUNSHINE HOLDINGS: Hires Goldberg Weprin Finkel as Counsel
SUNSHINE HOLDINGS: Hires Mr. Goldwasser of FIA Capital as CRO
SYNTHEGO CORP: May 13 Deadline Set for Panel Questionnaires
SYSOREX GOVERNMENT: Amends Motion Seeking to Sell IT Biz at Auction
SYSOREX GOVERNMENT: Case Summary & 26 Largest Unsecured Creditors
TALKING ROCK: Hires Himmelstein & Adkins as Special Counsel
TELESCOPE PROPERTIES: Hires Sandlot Homes as Real Estate Broker
TEXAS AUTO: Seeks to Hire Hayward PLLC as Bankruptcy Counsel
TINY FROG: Bankruptcy Administrator Unable to Appoint Committee
TOG HOTELS: Hires Cantey Hanger LLP as Bankruptcy Counsel
TOUCHDOWN ACQUIRER: S&P Rates New EUR250MM Term Loan B 'B'
TREE LANE: Seeks to Extend Plan Exclusivity to October 23
TUPPERWARE BRANDS: Ch. 11 Post-Sale of Food Storage Container Ok'd
TUPPERWARE BRANDS: Committee Taps Herrick Feinstein as Counsel
TUPPERWARE BRANDS: Committee Taps Polsinelli PC as Co-Counsel
UNITED FIBER: Plan Exclusivity Period Extended to May 27
UNITED HAULING: Seeks to Hire Kahn & Ahart as Bankruptcy Counsel
VENUS CONCEPT: Intracoastal Capital, 2 Others Hold 2.6% Stake
VIA ESCUELA: Seeks to Hire HPT Realty as Real Estate Broker
VIDEO RIVER: Reports $1.46 Million Net Income for 2024
VIRGINIA BEACH: Hires Pixel Financial Group as Accountant
VISION PAINTING: Court Extends Cash Collateral Access to May 30
VPR BRANDS: Posts $143K Loss in 2024, Raises Going Concern Doubt
WHIRLPOOL CORP: Fitch Lowers LongTerm IDR to BB+, Outlook Negative
WISCONSIN & MILWAUKEE: Unsecureds Owed $2.3M to Recover 50% in Plan
WW INTERNATIONAL: Launches Pre-Packaged Chapter 11 Case
WW INTERNATIONAL: S&P Downgrades ICR to 'D' on Chapter 11 Filing
WYNDSTON MILLWORK: Taps Sternberg Naccari & White as Legal Counsel
XTI AEROSPACE: $35.6M Loss in 2024; Going Concern Doubt Mitigated
YUNHONG GREEN: Reports $1.5 Million Net Loss for FY 2024
[^] BOOK REVIEW: The Heroic Enterprise
*********
1309 RED RIVER: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------------
On May 5, 2025, 1309 Red River Development Company LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for the Western
District of Texas. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed
to 1 and 49 creditors. The petition states funds will be available
to unsecured creditors.
About 1309 Red River Development Company LLC
1309 Red River Development Company LLC is a real estate leasing
company based in Victoria, Texas, specializing in owning and
leasing commercial properties, providing spaces for retail and
office use.
1309 Red River Development Company LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-10670)
on May 5, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Ronald Smeberg, Esq. at THE SMEBERG
LAW FIRM.
1363 FIRST OWNER: Seeks to Tap Goldberg Weprin Finkel as Counsel
----------------------------------------------------------------
1363 First Owner LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to employ Goldberg Weprin
Finkel Goldstein LLP to handle its Chapter 11 case.
The firm will be paid at these hourly rates:
Partner $685
Associate $275 - $525
The firm received a retainer of $10,000 from CW Realty Management,
an entity wholly owned by Perl Weisz, a principal of the Debtor.
Kevin Nash, Esq., an attorney at Goldberg Weprin Finkel Goldstein,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Kevin J. Nash, Esq.
Goldberg Weprin Finkel Goldstein LLP
125 Park Ave. Floor 12
New York, NY 10017
Telephone: (212) 221-5700
About 1363 First Owner
1363 First Owner LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41182) on March 12,
2025, listing up to $50 million in both assets and liabilities.
Judge Nancy Hershey Lord oversees the case.
Kevin J. Nash, Esq., at Goldberg Weprin Finkel Goldstein LLP serves
as the Debtor's counsel.
237 WEST 54TH: Secured Party Schedules June 10 Auction
------------------------------------------------------
In accordance with applicable provisions of the Uniform Commercial
Code in New York, Twin Summit NY LLC ("secured party") will sell
certain collateral, including without limitation, all the limited
liability company interests in 237 West 54th Owner LLC ("membership
interests") held by 237 West 54th Mezz Two Owner LLC ("mezzanine
borrower") to the highest and qualified bidder at a public sale on
June 10, 2022, at 3:00 p.m., EDT, via Zoom, as well as in person at
Schlam Stone & Dolan LLP, 26 Broadway, 19th Floor, New York, New
York 10004, Attention: Joshua Wutrzel, Esq.
The public sale was originally scheduled on April 27, 2022.
The secured party's understanding, without any representation, is
that the principal asset of 237 West 54 Owner LLC is the parcel of
real property located at 237 West 54th Street, New York, New York
10019, on which is situated a Hilton Garden Inn Hotel. The
membership interests will be sold to the highest qualified bidder.
The sale will be conducted by Mannion Auctions LLC by Matthew D.
Mannion, auctioneer, at 305 Broadway, Suite 200, New York, New
York.
Interested parties who intend to bid on the membership interests,
must contact the secured party's counsel, Joshou Wurtzel at (212)
612-1226 or jwurtzel@shclamstone.com to receive the terms of public
sale and biddinger instructions.
23ANDME HOLDING: Gets Final Approval for Stock Transfer Protocol
----------------------------------------------------------------
The Hon. Brain C. Walsh of the U.S. Bankruptcy Court for the
Eastern District of Missouri entered a final order for the
procedures for certain transfers of and declaration of
worthlessness with respect to common stock of 23andMe Holding Co.
Any person or entity that, at any time on or after the Petition
Date, is or becomes a Substantial Shareholder must file with the
Court, and serve upon:
i) 23andMe Holding Co.
Attention: Legal Department
870 Market Street
Room 415
San Francisco, CA, 94102
Email: Legal@23andme.com;
ii) proposed counsel to the Debtors:
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Attn: Christopher Hopkins
Jessica I. Choi
Grace C. Hotz
1285 Avenue of the Americas
New York, New York 10019
Email: chopkins@paulweiss.com
jchoi@paulweiss.com
ghotz@paulweiss.com)
iii) proposed co-counsel to the Debtors:
Carmody MacDonald P.C.
Attn: Thomas Riske
Nathan Wallace
120 S. Central Avenue
Suite 1800
St. Louis, Missouri 63105
Email: thr@carmodymacdonald.com
nrw@carmodymacdonald.com
A "50% Shareholder" is any person or Entity that currently is or
becomes a "50-percent shareholder" within the meaning of section
382(g)(4)(D) of the IRC and the applicable Treasury Regulations.
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.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Chapter
11 cases of 23andMe Holding Co. and its affiliates.
The Committee selected Kelley Drye & Warren LLP as its lead
counsel; Stinson LLP as co-counsel; and FTI Consulting Inc. as
financial advisor.
23ANDME HOLDING: Trustee Gets WashU Law Prof as Privacy Ombudsman
-----------------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that on
Tuesday, May 6, 2025, the Office of the U.S. Trustee announced the
appointment of Washington University School of Law Professor Neil
M. Richards as the consumer privacy ombudsman in 23andMe's Chapter
11 case. He will oversee the sale process, which involves the DNA
data of millions of users.
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.
3101 SAGE RD: Seeks Approval to Tap Larry A. Vick as Legal Counsel
------------------------------------------------------------------
3101 Sage Rd., LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Texas to employ Larry A. Vick, Esq.,
an attorney practicing in Houston, Texas, as legal counsel.
The attorney will provide these services:
(a) analyze the financial situation and render advice and
assistance to the Debtor;
(b) advise the Debtor with respect to its rights, duties, and
powers;
(c) represent the Debtor at all hearings and other
proceedings;
(d) prepare and file all appropriate legal papers as necessary
to further the Debtor's interests and objectives;
(e) represent the Debtor at any meeting of creditors and such
other services as may be required during the bankruptcy
proceedings;
(f) represent the Debtor in all proceedings before the court
and in any other judicial or administrative proceeding where its
rights may be litigated or otherwise affected;
(g) prepare and file a Disclosure Statement and Chapter 11
plan of reorganization;
(h) assist the Debtor in analyzing the claims of the creditors
and in negotiating with such creditors;
(i) assist the Debtor in any matters relating to or arising
out of the captioned case; and
(j) prosecute and defend the Debtor in litigation as
attorney.
Mr. Vick will be billed at his hourly rate of $450.
The attorney received a retainer of $8,000 from the Debtor.
Mr. Vick disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The attorney can be reached at:
Larry A. Vick, Esq.
13501 Katy Freeway, Suite 3474
Houston, TX 77079
Telephone: (832) 413-3331
Facsimile: (832) 202-2821
Email: lv@larryvick.com
About 3101 Sage
3101 Sage Rd. LLC is a real estate debtor with a single asset, as
defined in 11 U.S.C. Section 101(51B).
3101 Sage Rd. LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-31806) on March 31,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the case.
The Debtor is represented by Larry Vick, Esq.
3120 THE BANK: Section 341(a) Meeting of Creditors on June 6
------------------------------------------------------------
On May 5, 2025, 3120 The Bank 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.
A meeting of creditors under Section 341(a) to be held on June 6,
2025 at 11:00 AM via Telephone conference. To attend, Dial
888-902-9750 and enter participation code 9635734.
About 3120 The Bank LLC
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.
3120 The Bank LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55050) 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.
Honorable Bankruptcy Judge handles the case.
The Debtor is represented byGreg Bailey, Esq. at ATTY. GREG T.
BAILEY & ASSOC.
340 BISCAYNE: Seeks Approval to Hire BDO USA as Accountant
----------------------------------------------------------
340 Biscayne Owner LLC and its affiliate seek approval from the
U.S. Bankruptcy Court for the Southern District of Florida to
employ BDO USA, P.C. as accountant.
The firm will perform the Tax Return Preparation for a flat fee of
$10,000.00 (the "Tax Flat Fee"), payable at the rate of $5,000
payable upon entry of an order approving this Application, and the
balance of $5,000 upon completion of the Tax Return Preparation;
and provide Tax Consulting Services at the firm's standard hourly
rates, provided that the Debtors shall pay BDO the sum of $2,000
per month.
The firm will be paid at these rates:
Principals/Managing Director $725 to $1,150 per hour
Director $650 to $850 per hour
Manager $550 to $750 per hour
Seniors $375 to $625 per hour
Associates $175 to $375 per hour
Mr. Starman 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:
Elliott Starman
BDO USA, P.C.
515 las Olas Boulevard, 5th Floor
Fort Lauderdale, FL 33301
Tel: (954) 989) 7462
About 340 Biscayne Owner LLC
340 Biscayne Owner LLC is part of the hotels and motels industry.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. S.D. Fla. Case No. 21-17203) on July 26, 2021. In the
petition signed by Cristiane Bomeny, manager, the Debtor disclosed
up to $500 million in assets and up to $50 million in liabilities.
Judge Laurel M. Isicoff oversees the case.
Linda Jackson, Esq., at Pardo Jackson Gainsburg, PL, is the
Debtor's counsel.
36TH STREET: Receiver's Rights, Powers Cancelled Following Sale
---------------------------------------------------------------
Judge Lorna G. Schofield of the United District Court for the
Southern District of New York signed a Consent Order terminating
the rights and powers of the court-appointed receiver in the case
styled WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
BENEFIT OF THE REGISTERED HOLDERS OF UBS COMMERCIAL MORTGAGE TRUST
2019-C17, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES
2019-C17, acting by and through its special servicer, Rialto
Capital Advisors, LLC, as Special Servicer under the Pooling and
Servicing Agreement dated as of October 1, 2019, Plaintiff v 36th
STREET PROPERTY INC.; HR 442 CORP.; AE SOOK CHOI; JIN SUP AN; NEW
YORK CITY DEPARTMENT OF FINANCE; NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD; NEWBANK; and "JOHN DOE NO. 1" TO "JOHN DOE NO. 100"
inclusive, the last one hundred names being fictitious and unknown
to plaintiff, the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or claiming an
interest in or lien upon the premises described in the complaint,
Defendants, Case No. 1:22-cv-00302-LGS (S.D.N.Y.).
On March 22, 2022, 36th Street Property Inc. (the "Owner Debtor"),
and HR 442 Corp. (the "Operator Debtor") each commenced a Chapter
11 bankruptcy case by filing voluntary Chapter 11 bankruptcy
petitions before the United States Bankruptcy Court for the Eastern
District of New York. The Owner Debtor is the owner of the real
property and improvements located at 442 West 36th Street, New
York, New York. The Operator Debtor operates an independent,
non-flagged hotel located at the Property, which is known as the
Hudson River Hotel.
This matter is related to the application by Janus Hotel Management
Services, LLC in its capacity as Court-Appointed Rent Receiver for
the real property owned by 36th Street Property Inc. and HR 442
Corp, acting by and through Rialto Capital Advisors, LLC, as
Special Servicer under the Pooling and Servicing Agreement dated as
of October 1, 2019, and with the consent of the Morrison &
Tenenbaum PLLC, attorneys for Borrowers as well as AE Sook Choi and
Jin Sup An for an Order terminating the Receiver's authority under
the Court's Orders dated March 10, 2022; and the Property having
been sold, under approval of the Bankruptcy Court, by Plaintiffs
liquidation Chapter 11 Plan for 36th St. Property of substantially
all of Borrower's assets to Hudson West Hospitality, LLC
("Purchaser") for $18,200,000 by Order dated May 13, 2024.
The Court ordered that:
a. The Receiver's rights and powers under the Receiver Order
be and are terminated and the Receiver be and is released and
discharged from its duties and obligations as specified in the
Receivership Order. The Receiver be and is directed to turn over
possession, management and control of the Property to Plaintiff or
its designee.
b. Within 30 days of the entry of the Order the Receiver shall
file a final report and accounting. Any opposition to the Final
Reporting shall be filed and served on all parties no later than 10
days after the Final Reporting is filed. The Receiver may respond
to any opposition within 10 days thereafter.
c. If opposition is filed to the Final Reporting, the Court
will rule on issues or direct the parties as to further
proceedings.
d. If no opposition is filed to the Final Reporting the Final
Reporting will be deemed sufficient, final and approved.
About 36th Street Property and HR 442 Corp.
36th Street Property, Inc., owns the real property and improvements
located at 442 West 36th Street, New York, New York.
HR 442 Corp. operates an independent, non-flagged hotel located at
the real property, which is known as the Hudson River Hotel. The
Hotel is a 15-story, 56-room limited service hotel which is located
on the west side of Manhattan, near the Lincoln Tunnel.
The Debtors are sister corporations, which are wholly owned by Ae
Sook Choi.
36th Street Property and HR 442 sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Lead Case No.
22-40563) on March 22, 2022, with up to $50,000 in assets and up to
$50 million in liabilities. Ae Sook Choi, president, signed the
petition.
Judge Jil Mazer-Marino oversees the cases.
Lawrence Morrison, Esq., at Morrison Tenenbaum, PLLC, is the
Debtors' counsel.
During the bankruptcy case, the Property was sold to Hudson West
Hospitality, LLC for $18,200,000 by Order dated May 13, 2024.
564-566 KELTON: Seeks to Hire Kelly & Bracey as Counsel
-------------------------------------------------------
564-566 Kelton Ave Industries LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to employ
Law Offices of Kelly & Bracey as counsel to handle its Chapter 11
bankruptcy case.
The firm will be paid at the rates of $300 per hour for attorneys,
and $100 per hour for paralegals.
The Debtor paid the firm an initial retainer of $9,738.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael G. Kelly, Esq., a partner at Kelly & Bracey Law Offices,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Michael G. Kelly, Esq.
Kelly & Bracey Law Offices
77 W. Washington St., Suite 1415
Chicago, IL 60602
Tel: (312) 445-9500
Email: mkelly@kellybraceylaw.com
About 564-566 Kelton Ave Industries LLC
564-566 Kelton Ave Industries LL, filed a Chapter 11 bankruptcy
petition (Bankr. N.D. Ill. Case No. 25-05003) on March 21, 2025.
The Debtor hires Kelly & Bracey as counsel.
76 M: Seeks to Sell 57th St Property to Herdawit Balcha or BluLoft
------------------------------------------------------------------
76 M Inc. seeks permission from the U.S. Bankruptcy Court for the
District of Columbia, to sell interest of the Property located in
256 57th Street; NE; Washington DC 20019 to Herdawit Balcha or
BluLoft LLC, free and clear of liens, claims, encumbrances, and
interests.
The Debtor serves as trustee in the Chapter 11 case. The Debtor is
a District of Columbia corporation that owns seven real properties
and operates and leases them.
The Debtor has filed Schedules of Assets and Liabilities on January
17, 2024 listing 256 57th Street; NE; Washington DC 20019 owned fee
simple with an "owner opinion" value of $650,000.00. The Debtor
then obtained on April 19, 2024 an Appraisal on all 57th St
Property which arrived at a fair market value of
$410,000.00. The condition noted was "under construction" by the
Appraisal and the lead photo shows a garage with no roof and
exposed block.
The Debtors' Property faces challenges in terms of its salability
and/or refinancing in as much as the Debtor wanted to refinance and
to retain the 57TH St Property earlier in the case with
construction funding, due to the D.C. OAG which has obtained a
large judgment against the Debtor on account of housing violations
and various failures to maintain or repair the separate Kansas
Property.
The Debtor employs Mark McNeill and Long & Foster as commercial
broker in connection with the 57th
St Property. The terms are 3.5% commission for Debtor (and 2.5% for
any buyer) and $399.00 cost which is chargeable against the estate
for any contract procured.
The Broker however, has produced two contracts which were after 10
days of difficult negotiations in which the Broker performed
admirably produced arms length offers of $315,000.00 each, both on
financing.
On April 22, 2025, Herdawit Balcha submitted by and through Broker
an executed Purchase Agreement Contract of Sale on an "as is" basis
which is a financing purchase offer for the 57th St Property.
The material terms of the Balcha Contract are as follows:
(i) $315,000.00 as a Financed purchase price on the 57TH St
Property and there is an appraisal contingency;
(ii) A cash deposit of $15,000.00 to be credited against the
purchase price is to be paid upon the passage of 3 days following
ratification of the Balcha Contract; which as a practical matter in
this instance shall mean 3 days after approval by the Bankruptcy
Court by Order on this Motion because there are two competing
contracts of sale;
(iii) Deposit shall be forfeit for failure to close and such events
as are more fully set forth in the Balcha Contract.
The Balcha Buyer has provided proof of financing application at 70%
LTV over 30 years at an interest rate to be arrived at by the
lender given market fluctuations.
There is an 1146 tax exemption for transfer taxes to the extent the
transfer occurs through a Chapter 11 plan. Bankruptcy Court has
jurisdiction over sale and compensation issues arising therefrom.
Total commission is 6% with 2.5% for buyer's broker.
On April 24, 2025, the Debtor and Bluloft, LLC by and through Eric
Donald ratified by and through M&M an executed Purchase Agreement
Contract of Sale on an "as is" basis which is an all cash purchase
offer for the 57th St Property.
(i) $315,000.00 as a Financed purchase price on the 57TH St
Property;
(ii) A cash deposit of $5,000.00 to be credited against the
purchase price is to be paid upon the passage of 3 days following
ratification of the Bluloft Contract; which as a practical matter
in this instance shall mean 3 business days after approval by the
Bankruptcy Court by Order on this Motion because there are two
competing contracts of sale;
(iii) Deposit shall be forfeit for failure to close and such events
as are more fully set forth in the Bluloft Contract.
(iv) There is an 80/20 financing contingency and a hard money loan
requirement. There is also an appraisal contingency.
The the two lien holders of the case are D.C. Office of Attorney
General D.C. OAG, which holds a
judgment lien against the Kansas Property and the Office of Tax and
Revenue (OTR) for the Kansas
Property, which holds a substantial claim for real property taxes
of $315,633.03.
The tax claim on this 57th St. Property arises because of an
abandoned status which Debtor contests but understands may not be
resolved by consent as OTR has calculated the tax claim without
timely appeals by Debtor pre-petition.
Although the Debtor has no preference between the Balcha Contract
and the Bluloft Contract, it is ultimately the decision of D.C. OAG
under the forthcoming Plan as the largest creditor in the case file
as which contract will be superior to the interests of the estate.
About 76 M Inc.
76 M Inc. is primarily engaged in renting and leasing real estate
properties.
76 M Inc. filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. D. C. Case No. 24-00003) on Jan. 3,
2023, listing up to $50,000 in assets and $1 million to $10 million
in liabilities. The petition was signed by Peter Odagbodo as
president.
Judge Elizabeth L. Gunn presides over the case.
John D. Burns, Esq. at The Burns Law Firm, LLC represents the
Debtor as counsel.
9270 W. BAY: Seeks to Hire Mark S. Roher as Legal Counsel
---------------------------------------------------------
9270 W. Bay Harbor Dr. LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to hire The Law Office
of Mark S. Roher, P.A. as counsel.
The firm will render these services:
(a) give advice to the Debtor with respect to its powers and
duties as Debtor in possession and the continued management of its
finances;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
(c) prepare motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interest of the Debtor in all matters pending
before the Court; and
(e) represent the Debtor in negotiation with his creditors in
the preparation of a plan.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Mark Roher, 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 through:
Mark S. Roher, Esq.
Law Office of Mark S. Roher, PA
1806 N. Flamingo Road, Suite 300
Pembroke Pines, FL 33028
Tel: (954) 353-2200
Email: mroher@markroherlaw.com
About 9270 W. Bay Harbor Dr. LLC
9270 W. Bay Harbor Dr. LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-13979) on April 11, 2025, listing up to $50,000 in both assets
and liabilities.
Judge Robert A Mark presides over the case.
Mark S. Roher, Esq. at Law Office Of Mark S. Roher, P.A. represents
the Debtor as counsel.
ACCRX INC: Seeks to Hire Lipton Law Group as Bankruptcy Counsel
---------------------------------------------------------------
ACCRX, Inc. seeks approval from the U.S. Bankruptcy Court for the
District of Massachusetts to employ Lipton Law Group LLC as
counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its duties;
(b) advise the Debtor with respect to any plan of
reorganization and any other matters relevant to the formulation
and negotiation of a plan of reorganization;
(c) represent the Debtors at all hearings in this matter;
(d) prepare all necessary and appropriate legal documents, and
review all financial and other reports to be filed in the Chapter
11 proceeding;
(e) review and analyze the nature and validity of any liens
asserted against the Debtor's property;
(f) review and analyze claims against the Debtor, the
treatment of such claims and the preparation, filing or prosecution
of any objections to claims; and
(g) perform all other legal services as may be necessary or
appropriate during the course of the Debtor's bankruptcy
proceeding.
Marques Lipton, Esq., the primary attorney in this representation,
will be paid at his hourly rate of $350.
In addition, the firm will seek reimbursement for expenses
incurred.
On or about March 19, 2025, the Debtor paid the firm a retainer in
the amount of $5,000.
Mr. Lipton 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:
Marques C. Lipton, Esq.
Lipton Law Group, LLC
945 Concord Street
Framingham, MA 01701
Telephone: (508) 202-0681
Email: marques@liptonlg.com
About ACCRX Inc.
ACCRX Inc. operates ACC Apothecary, a compounding pharmacy based in
Newton, Massachusetts, specializing in customized medications for
patients and providers, including treatments in pain management,
hormone therapy, sports medicine, pediatrics, and veterinary care.
ACCRX Inc. sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-10851) on April
28, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Christopher J. Panos handles the case.
The Debtor is represented by Marques Lipton, Esq. at Lipton Law
Group, LLC.
ADVANCED DOMINO: Plan Exclusivity Period Extended to August 12
--------------------------------------------------------------
Judge Elizabeth S. Stong of the U.S. Bankruptcy Court for the
Eastern District of New York extended Advanced Domino, Inc., d/b/a
Domino Supermarket's exclusive period to file a plan of
reorganization and disclosure statement to August 12, 2025.
As shared by Troubled Company Reporter, the Debtor simply needs
time to reorganize its business operations, to reach an agreement
with the FLSA creditors, to obtain Court approval for the
settlement terms and thereafter to file a plan of reorganization
and disclosure statement, offering treatment to all creditors of
the estate.
The Debtor explains that the requested extensions of the time
period to file a plan and disclosure statement will not harm any
economic stakeholder. Rather, the time will be used to resolve
claims filed in this case. Moreover, should any events occur or
there be a significant change in circumstances, a party in interest
may move to reduce the time period to file a plan.
The Debtor asserts that it has responded to the exigent demands of
its chapter 11 case and has worked diligently, to advance the
reorganization process. Advanced Domino should be afforded a full,
fair, and reasonable opportunity to negotiate, propose, file, and
solicit acceptance of its chapter 11 plan.
Advanced Domino Inc. is represented by:
Alla Kachan, Esq.
Law Offices of Alla Kachan, P.C.
2799 Coney Island Avenue, Suite 202
Brooklyn, NY 11235
Tel: (718) 513-3145
About Advanced Domino
Advanced Domino Inc., doing business as Domino Supermarket, is a
grocery store in Brooklyn, NY that offers a variety of food and
household items for local residents.
Advanced Domino Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-44263) on Oct. 15,
2024. In the petition filed by Victoria Salkinder, as CEO, the
Debtor reports total assets of $800,667 and total liabilities of
$1,219,101.
The Honorable Bankruptcy Judge Elizabeth S. Stong handles the
case.
The Debtor is represented by Alla Kachan, Esq. at LAW OFFICES OF
ALLA KACHAN, P.C.
AGEAGLE AERIAL: Names Alison Burgett as Chief Financial Officer
---------------------------------------------------------------
AgEagle Aerial Systems Inc. announced the appointment of Alison
Burgett as Chief Financial Officer of the Company, effective
immediately.
Ms. Burgett brings more than 20 years of financial, operational and
regulatory experience with exchange listed companies and will be
instrumental in helping guide the Company through its next phase of
growth.
On the CFO Commencement Date, the Company entered into an executive
employment agreement with Ms. Burgett. Pursuant to the Employment
Agreement, Ms. Burgett is entitled to receive:
(i) compensation of $225,000 per year,
(ii) an award of restricted stock units with a value rounded to
the equivalent of $25,000 at the time of the award within 120 days
of the CFO Commencement Date,
(iii) an award of RSUs with a value rounded to the equivalent of
$25,000 at the time of the award within 30 days of each anniversary
of the CFO Commencement Date, so long as Ms. Burgett continues to
serve in the role of Chief Financial Officer, and
(iv) an annual performance bonus, which will be determined each
year by the Compensation Committee of the Board and approved by the
Board.
AgEagle CEO Bill Irby commented, "Alison has been a vital part of
AgEagle's leadership team in her role as Controller, where she has
already demonstrated exceptional financial discipline, strategic
insight, and a deep understanding of our business. Her promotion to
CFO is a natural progression that reflects both her strong
performance and the confidence we have in her ability to lead our
financial strategy moving forward. As we continue to execute on our
growth initiatives and expand our market presence, Alison's
leadership will be instrumental in driving operational efficiency,
strengthening our financial infrastructure, and delivering
long-term value to our shareholders."
"With its cutting-edge technology, strong market position, and
dedicated leadership team, AgEagle is uniquely positioned to drive
meaningful innovation and expand its footprint in the rapidly
growing drone technology sector," said Ms. Burgett. "I look forward
to leveraging my experience in corporate finance, strategic
planning, and operational efficiency to support AgEagle's long-term
vision. By implementing sound financial strategies and fostering
disciplined growth, we will further solidify AgEagle's role as a
leader in aerial intelligence solutions."
Ms. Burgett has served as Controller of AgEagle since April 2024.
In this capacity, she was responsible for overseeing the Company's
financial reporting, internal controls, budgeting, and compliance
with regulatory standards, including SEC and GAAP requirements.
Prior to joining AgEagle, Ms. Burgett held key finance leadership
roles over her tenure at Cente Corporation. Before joining Cente
Corporation, Ms. Burgett held the position of Controller at
Republic Services, Inc. and Director of Accounting at Providence
Service Corporation where she supported strategic growth
initiatives and implemented process improvements to enhance
financial transparency and operational efficiency. She earned her
undergraduate degree in Accounting from the University of Phoenix
and her Master of Business Administration from Boise State
University. Her expertise in corporate finance and regulatory
compliance plays a vital role in supporting AgEagle's financial
integrity and long-term growth.
The Company wishes to thank Ms. Adrienne Anderson for her interim
CFO services and contributions to AgEagle and wishes her success in
her future endeavors.
About AgEagle
AgEagle Aerial Systems Inc. is headquartered in Wichita, Kansas,
and operates through its wholly-owned subsidiaries, focusing on
designing and delivering top-tier drones, sensors, and software to
address critical customer needs. Founded in 2010, AgEagle initially
pioneered proprietary, professional-grade, fixed-wing drones and
aerial imagery-based data collection and analytics solutions for
the agriculture sector. Today, the company is recognized as a
globally respected market leader, offering customer-centric,
advanced, autonomous unmanned aerial systems (UAS) that generate
revenue at the intersection of flight hardware, sensors, and
software across industries, including agriculture,
military/defense, public safety, surveying/mapping, and
utilities/engineering. AgEagle has achieved numerous regulatory
milestones, including government approvals for its commercial and
tactical drones to fly Beyond Visual Line of Sight (BVLOS) and/or
Operations Over People (OOP) in the United States, Canada, Brazil,
and the European Union. It has also received Blue UAS certification
from the Defense Innovation Unit of the U.S. Department of Defense.
More information can be found at www.ageagle.com.
Orlando, Florida-based WithumSmith+Brown, PC, the company's auditor
since 2020, issued a "going concern" qualification in its report
dated Mar. 31, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has suffered recurring losses from operations, has experienced cash
used from operations in excess of its current cash position, and
has an accumulated deficit that raise substantial doubt about its
ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $20.6 million in total assets,
$26.3 million in total liabilities, and a total stockholders'
deficit of $5.7 million.
AIR INDUSTRIES: 2025 Annual Meeting Set for June 26
---------------------------------------------------
Air Industries Group disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Board of Directors
has established June 26, 2025, as the date of the Company's 2025
Annual Meeting of Stockholders and April 30, 2025, as the record
date for determining stockholders entitled to notice of and to vote
at the 2025 Annual Meeting.
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.
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.
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.
ALL AMERICAS: Opposes Abornes' Motion to Appoint Receiver
---------------------------------------------------------
In the case styled ABORNES INTERNATIONAL INC. v. ALL AMERICAS
INTERNATIONAL INC., Case No. 3:24-CV-00100-ART-CSD (D. Nev.), the
Defendant filed an opposition to Plaintiff Abornes International's
motion for appointment of receiver following an alleged breached of
two unsecured promissory notes.
The Plaintiff's Complaint alleges that Defendant entered into two
promissory notes with third party Motril Investments S.A. in the
total amount of $5,500,000, plus interest. On December 26, 2018,
Motril assigned the Promissory Notes to Plaintiff. After all
payments that had been made by Defendant were accounted for, the
principal amount of $3,737,374 came due on October 5, 2022. The
Plaintiff alleges that Defendant failed to pay this outstanding
balance.
The Defendant asserts that appointment of a receiver is an
extraordinary remedy and is not justified based on Plaintiff's
incomplete allegations that do not appear in the Complaint and are
supported not by admissible evidence – but rather musings of
Plaintiff's counsel. The Defendant further contend that Plaintiff
appears to be using the receivership request as an improper vehicle
to pursue an expedition into irrelevant transactions of Defendant
and obtain records for use in unrelated litigation outside the
United States.
Additionally, the Defendant asserts that Plaintiff seeks to create
the impression that the appointment of a receiver over a litigation
adversary is a wide-open matter of judicial discretion. The
Plaintiff has made no showing that a receiver is necessary to
preserve Defendant's investments -- of which Plaintiff has no
interest secured or otherwise -- or that the investments are at
imminent risk of loss. The Plaintiff's sole argument on this issue
is the claim that Defendant lacks a director capable of managing
its assets if a judgment is issued. However, this concern is now
moot, as a director has since been appointed. With that issue
resolved, Plaintiff's remaining claims are limited to general
allegations of financial harm -- claims that are properly addressed
through the litigation process and, if necessary, through standard
judgment enforcement mechanisms, says the Defendant.
All Americas International Inc. is a domestic corporation based in
Nevada.
Attorneys for Plaintiff:
Ryan J. Works, Esq.
Philip M. Mannelly, Esq.
McDONALD CARANO LLP
100 W. Liberty Street, Tenth Floor
Reno, NV 89501
- and -
Anjuli B. Woods, Esq.
James H. Power, Esq.
HOLLAND & KNIGHT LLP
31 West 52nd Street
New York, NY 10019
The Defendant is represented by:
John D. Tennert, III, Esq.
Austin Slaughter, Esq.
FENNEMORE CRAIG, P.C.
7800 Rancharrah Parkway
Reno, NV 89511
Telephone: (775) 788-2200
Facsimile: (775) 788-2283
E-mail: jtennert@fennemorelaw.com
aslaughter@fennemorelaw.com
ALL SAFE: Unsecureds Will Get 5% of Claims over 60 Months
---------------------------------------------------------
All Safe Fire Sprinkler Systems, Inc., filed with the U.S.
Bankruptcy Court for the Southern District of New York a Small
Business Plan of Reorganization under Subchapter V dated April 3,
2025.
The Debtor installs and services fire sprinkler systems. In 2017,
the Debtor became subject to a collective bargaining agreement
between the National Fire Sprinkler Association, Inc. and the Road
Sprinkler Fitters Local Union 669 (the "Union").
In turn, the Debtor began paying benefits to the National
Automativc Sprinkler Industry Welfare Fund, Trustees of the
National Automatic Sprinkler Local 669 UA Education Funds and
Trustees of the Sprinkler Industry Supplemental Pension Funds (the
"Funds"). After a partial audit for the period January 2020 through
June 2023, the Funds asserted the Debtor owed an additional
$131,478.098 in contributions.
In addition, the Debtor fell behind on filing payroll tax forms.
The Debtor filed the delinquent tax forms shortly after filing this
case. Out of an abundance of caution and in an effort to protect
its assets pending a restructuring, on January 3, 2025 (the
"Petition Date"), the Debtor filed the instant voluntary petition
under Chapter 11 of the Bankruptcy Code.
Class 3 shall consist of Allowed General Unsecured Claims. Holders
of Allowed Class 3 General Unsecured Claims total approximately
$605,000. The holders of Allowed Class 3 Claims shall receive
payment in the amount of 5% of each claim paid in 60 monthly
installments. The holder of Class 3 Claims are Impaired pursuant to
Section 1124 of the Bankruptcy Code and is entitled to vote to
accept or reject the Plan.
Class 4 shall consist of the Interest Holders, Garfield McGregor
and Michael Ulley. The Interest Holders will retain his interest in
the Debtor. The Class 4 Interest Holder is Unimpaired pursuant to
Section 1124 of the Bankruptcy Code and is not entitled to vote to
accept or reject the plan.
The Plan shall be funded from the Plan Fund.
Except as otherwise provided in the Plan, including without
limitation Article VIII of this Plan, the Cash required to be
distributed to holders of Allowed Claims under the Plan shall be
distributed by the Disbursing Agent as each distribution comes due
under this Plan, except that to the extent that a Claim becomes an
Allowed Claim after the respective distribution date, in which case
distribution shall be made within fourteen days after the order
allowing such Claim becomes a Final Order.
In order to confirm this Plan, the Debtor must establish that they
will have enough cash over the life of the Plan to make the
required distributions due hereunder. Section 1191(d) of the
Bankruptcy Code requires that all of the Debtor's disposable income
be contributed to the Plan.
A full-text copy of the Plan of Reorganization dated April 3, 2025
is available at https://urlcurt.com/u?l=xLVVAS from
PacerMonitor.com at no charge.
About All Safe Fire Sprinkler Systems
All Safe Fire Sprinkler Systems Inc. is based in Elmsford, N.Y.,
and operates as a fire sprinkler systems installation and
maintenance provider.
All Safe Fire Sprinkler Systems sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22004) on
January 3, 2025, with $500,000 to $1 million in both assets and
liabilities. Jolene Wee of JW Infinity Consulting, LLC serves as
Subchapter V trustee.
Judge Sean H. Lane handles the case.
The Debtor is represented by:
Dawn Kirby, Esq.
Kirby Aisner & Curley, LLP
Tel: 914-401-9500
Email: dkirby@kacllp.com
ALLEGIANT TRAVEL: Egan-Jones Retains B Senior Unsecured Ratings
---------------------------------------------------------------
Egan-Jones Ratings Company on April 28, 2025, maintained its 'B'
foreign currency and local currency senior unsecured ratings on
debt issued by Allegiant Travel Company. EJR also withdrew the
rating on commercial paper issued by the Company.
Headquartered in Las Vegas, Nevada, Allegiant Travel Company
operates as a leisure travel company.
AMERI-DENT DENTAL: Seeks Subchapter V Bankruptcy in Florida
-----------------------------------------------------------
On May 2, 2025, Ameri-Dent Dental Laboratory LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Middle District of
Florida. According to court filing, the Debtor reports between
$100,000 and $500,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Ameri-Dent Dental Laboratory LLC
Ameri-Dent Dental Laboratory LLC is a dental laboratory likely
specializing in the manufacturing of dental prosthetics,
appliances, and customized dental products.
Ameri-Dent Dental Laboratory LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case
No. 25-02876-CPM) on May 2, 2025. In its petition, the Debtor
reports estimated assets between $10,000 and $50,000 and estimated
liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the
case.
The Debtor is represented by James W Elliott, Esq. at McIntyre
Thanasides Bringgold, Elliott.
AMERICAN PERFORMANCE: Case Summary & 20 Top Unsecured Creditors
---------------------------------------------------------------
Debtor: American Performance Polymers, LLC
23 Gould St.
Colebrook, NH 03576
Business Description: American Performance Polymers, LLC, located
in Colebrook, New Hampshire, produces
contamination control products. The Company
specializes in nitrile exam gloves, glovebox
sleeves and parts, as well as other items
like balloons, catering to industries such
as pharmaceuticals and biotechnology.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
District of New Hampshire
Case No.: 25-10293
Debtor's Counsel: Peter N. Tamposi, Esq.
THE TAMPOSI LAW GROUP, P.C.
159 Main St.
Nashua, NH 03060
Tel: 603-204-5513
Email: peter@thetamposilawgroup.com
Total Assets: $0
Total Liabilities: $3,405,109
Richard Renehan signed the petition as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UA7KA4Q/American_Performance_Polymers__nhbke-25-10293__0001.0.pdf?mcid=tGE4TAMA
APPLICO LLC: Hires Bush Law Firm LLC as Bankruptcy Counsel
----------------------------------------------------------
Applico, LLC seeks approval from the U.S. Bankruptcy Court for the
Northern District of Alabama to employ The Bush Law Firm, LLC as
bankruptcy counsel.
The firm will provide these services:
a. advise the Debtor-in-Possession as to the rights, powers
and duties of a Debtor-in-Possession, as enumerated within 11
U.S.C. Sec. 1101, et seq.;
b. prepare and file the documents necessary to advance this
case including, but not limited to, answers, applications, motions,
proposed orders, responses, schedules, plans, objections and other
necessary documents;
c. attend the intake conference, the meeting of creditors and
hearings on behalf of the Debtor-in-Possession;
d. negotiate with the various classes of creditors with
respect to the plan of reorganization;
e. prepare, negotiate and advance a plan of reorganization or
liquidation, as applicable;
f. prepare and file the plan and status reports, as
applicable;
g. defend challenges to the automatic stay set forth within 11
U.S.C. Sec. 362(a); and
h. perform such other legal services.
The firm will be paid at these rates:
Attorneys $350 per hour
Paralegals $75 per hour
The firm has been paid a retainer of $11,738.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Anthony B. Bush, Esq., a partner at The Bush Law Firm, LLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Anthony B. Bush, Esq.
The Bush Law Firm, LLC
Parliament Place Professional Center
3198 Parliament Circle 302
Montgomery, AL 36116
Tel: (334) 263-7733
Fax: (334) 832-4390
Email: anthonybbush@yahoo.com
abush@bushlegalfirm.com
About Applico, LLC
Applico LLC, an appliance & lighting company, operates a
single-location showroom in Tuscaloosa, Alabama, retailing major
household appliances, indoor and outdoor lighting fixtures,
fireplaces and related home-improvement products. The family-owned
company partners with manufacturers such as GE, LG and Samsung to
serve residential customers, builders and remodelers in the
Tuscaloosa metro area.
Applico LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ala. Case No. 25-70561) on April 23, 2025. In its
petition, the Debtor reports estimated assets of $100,000 and
$500,000 and estimated liabilities of $1 million and $10 million.
Honorable Bankruptcy Judge Jennifer H. Henderson handles the case.
The Debtor is represented by Anthony Brian Bush, Esq. at THE BUSH
LAW FIRM, LLC.
ARCHDIOCESE OF SAN FRANCISCO: Creditors Sue to Reclaim Assets
-------------------------------------------------------------
Randi Love of Bloomberg Law reports that a California archdiocese
facing bankruptcy is accused of concealing assets that creditors
estimate could be worth hundreds of millions of dollars -- funds
that could increase compensation for more than 500 clergy sex abuse
victims.
In a lawsuit filed Tuesday, May 6, 2025, in the U.S. Bankruptcy
Court for the Northern District of California, a committee of
unsecured creditors claims the Roman Catholic Archbishop of San
Francisco falsely asserted that various properties -- including
parishes, cemeteries, schools, a retreat center, and a clergy
residence -- are not part of its bankruptcy estate, according to
Bloomberg Law.
About San Francisco Archdiocese
The Roman Catholic Archbishop of San Francisco, Archdiocese of San
Francisco, is a tax exempt religious organisation. The Archdiocese
of San Francisco is a Latin Church ecclesiastical territory or
diocese of the Catholic Church in the northern California region of
the United States. The Archdiocese of San Francisco was erected on
July 29, 1853, by Pope Pius IX and its cathedral is the Cathedral
of Saint Mary of the Assumption.
The Archdiocese sought relief under Chapter 11 of the Bankruptcy
Code (Bankr. N.D. Cal. Case No. 23-30564) on Aug. 21, 2023. In the
petition filed by Fr. Patrick Summerhays as vicar general and
moderator of the Curia, the Archdiocese reported $100 million to
$500 million in assets and liabilities.
The Hon. Dennis Montali oversees the case.
The Debtor tapped Feldserstein Fitzgerald Willoughby as counsel.
ASCEND PERFORMANCE: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------------
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Ascend
Performance Materials Holdings, Inc. and its affiliates.
The committee members are:
1. SDI, Inc.
Adrian Mantini, SVP and CFO
4500 Salisbury Road, Suite 270
Jacksonville, FL 32216
(215) 275-0313
adrian.mantini@sdi.com
Counsel:
Francis Lawall
Troutman Pepper Locke
3000 Two Logan Square, 18th & Arch Streets
Philadelphia, PA 19103
(215) 981-4481
francis.lawall@troutman.com
2. Turner Industries Group, LLC
Turner Specialty Services, LLC
John H. Fenner, VP, CGC
P.O. Box 2750
Baton Rouge, LA 70821
(225) 214-2066
JFenner@Turner-Industries.com
Counsel:
Kirk A. Patrick, III
Donohue Patrick & Scott, P.L.L.C.
450 Laurel Street, Suite 1600
Baton Rouge, LA 70801
(225) 214-1908
KPatrick@DPS-law.com
3. Veolia WTS USA, Inc.
Shireen Pirtle, CPI Vertical Bus Development
3600 Horizon Boulevard
Feasterville-Trevose, PA 19053
(409) 730-9001
Shireen.Pirtle@Veolia.com
Counsel:
Glenn M. Reisman
Reisman Law Firm, LLC
12 Old Hollow Road, Suite B
Trumbull, CT 06611
(203) 944-0401
Glenn.Reisman@ge.com
4. Optimal Field Services, LLC
Christian Mullgardt, Deputy GC
35240 Carson Drive
Geismar, LA 70734-350
(318) 767-2725
christian.mullgardt@crestoperations.com
Counsel:
Kean Miller LLP
Rachel Kubanda
711 Louisiana St. Suite 1800
Houston TX 77002
(713) 844-3071
rachel.kubanda@keanmiller.com
5. Sulzer Chemtech USA Inc.
Gerhard Haas, Head Legal North America
6100 S. Yale Avenue, Suite 800
Tulsa, OK 74136
(918) 445-6672
Gerhard.Haas@sulzer.com
Counsel:
Faegre Drinker Biddle & Reath LLP
Richard Bernard
1177 Avenue of the Americas
New York, NY 10036
(212) 248-3263
richard.bernard@faegredrinker.com
6. Gulf Coast Water Authority
David E. Davis, Jr.
4243 Emmett F. Lowry Expressway
Texas City, TX 77591
(281) 299-2817
DDavis@gcwatx.gov
7. Pension Benefit Guaranty Corporation
Emily Lesniewski
Sven Serspinski
Corporate Finance & Restructuring Dept.
445 12th Street SW
Washington, DC 20024-2101
(202) 320-0899
lesniewski.emily@pbgc.gov
(202) 607-6084
serspinski.sven@pbgc.gov
Counsel:
Pension Benefit Guaranty Corporation
Nathaniel Rayle
William Mabry
Office of the General Counsel
445 12th Street SW
Washington, DC 20024-2101
(202) 391-4576
rayle.nathaniel@pbgc.gov
(202) 359-4918
mabry.william1@pbgc.gov
8. Clariant Corporation
Scott A. Wood, President
500 E. Morehead Street, Suite 400
Charlotte, NC 28202
(704) 331-6736
scott.wood@clariant.com
9. MHBA CB, L.L.P.
c/o Novus International, Inc.
Richard Kiesel, Executive Director
17988 Edison Avenue
Chesterfield, MO 63005
(314) 814-3487
Richard.Kisiel@novusint.com
Counsel:
Thomas MacWright
White & Case LLP
1221 Avenue of the Americas
New York, NY 10020
(212) 819-8259
tmacwright@whitecase.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Ascend Performance Materials
Ascend Performance Materials Holdings Inc. and its affiliates are
one of the largest, fully-integrated producers of nylon, a plastic
that is used in everyday essentials like apparel, carpets, and
tires, as well as new technologies like electric vehicles and solar
energy systems. Ascend's business primarily revolves around the
production and sale of nylon 6,6 (PA66), along with the chemical
intermediates and downstream products derived from it. Common
applications of PA66 include heating and cooling systems, air bags,
batteries, and athletic apparel.
Headquartered in Houston, Texas, Ascend has a global workforce of
approximately 2,200 employees and operates 11 manufacturing
facilities that span the United States, Mexico, Europe, and Asia.
Ascend and its affiliates filed petitions under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 25-90127) on April 21, 2025, with $1 billion to $10 billion in
both assets and liabilities. Robert Del Genio, chief restructuring
officer, signed the petitions.
Judge Christopher M. Lopez presides over the cases.
The Debtors tapped Bracewell, LLP, Kirkland & Ellis, LLP and
Kirkland & Ellis International, LLP as bankruptcy counsel; PJT
Partners, Inc. as investment banker; and FTI Consulting, Inc. as
restructuring advisor.
ASPIRA WOMEN'S: Nasdaq Delists Shares; Trading Suspended
--------------------------------------------------------
Aspira Women's Health Inc. announced that the Company received
written notice from the Office of General Counsel of The Nasdaq
Stock Market indicating that the Nasdaq Hearings Panel has
determined to delist the Company's shares from Nasdaq due to the
Company's failure to meet Nasdaq's continued listing standards.
As previously disclosed, the Company has not been compliant with
the requirements under Nasdaq Listing Rule 5550(b)(1) to maintain a
minimum of $2.5 million in stockholders' equity for continued
listing on the Nasdaq Capital Market.
Trading in the Company's shares of common stock was suspended on
Nasdaq effective with the open of trading on Thursday, April 17,
2025.
The Company expects that its Common Stock will begin trading under
its existing symbol "AWH" on markets operated by OTC after
suspension of the trading of its Common Stock on Nasdaq.
About Aspira Women's Health
Formerly known as Vermillion, Inc., Aspira Women's Health Inc. --
http://www.aspirawh.com-- is dedicated to the discovery,
development, and commercialization of noninvasive, AI-powered tests
to aid in the diagnosis of gynecologic diseases. OvaWatch and
Ova1Plus are offered to clinicians as OvaSuiteSM. Together, they
provide a comprehensive portfolio of blood tests to aid in the
detection of ovarian cancer for the 1.2+ million American women
diagnosed with an adnexal mass each year. OvaWatch provides a
negative predictive value of 99% and is used to assess ovarian
cancer risk for women where initial clinical assessment indicates
the mass is indeterminate or benign, and thus surgery may be
premature or unnecessary. Ova1Plus is a reflex process of two
FDA-cleared tests, Ova1 and Overa, to assess the risk of ovarian
malignancy in women planned for surgery.
Boston, Massachusetts-based BDO USA, P.C., the Company's auditor
since 2012, issued a "going concern" qualification in its report
dated March 27, 2025, attached to the Company's Form 10-K Report
for the year ended December 31, 2024, citing that the Company has
suffered recurring losses from operations and expects to continue
to incur substantial losses in the future, which raise substantial
doubt about its ability to continue as a going concern.
As of Dec. 31, 2024, Aspira Women's Health had $5.49 million in
total assets, $8.05 million in total liabilities, and a total
stockholders' deficit of $2.56 million. The Company's working
capital deficit was $1,285,000 at Dec. 31, 2024.
ASPIRA WOMEN'S: Registers $2 Million Resale of Common Stock
-----------------------------------------------------------
Aspira Women's Health Inc. filed a Registration Statement on Form
S-1 with the U.S. Securities and Exchange Commission relating to
the resale from time to time of (i) 354,988 shares of common stock,
par value $0.001 par value, of Aspira Women's Health Inc. and (ii)
up to $2,000,000 of shares of Common Stock, by Triton Funds LP.
The 354,988 shares of common stock were issued and sold to the
Selling Stockholder for $25,000 as consideration for their
irrevocable commitment to purchase shares pursuant to the Purchase
Agreement and the $2,000,000 shares of common stock are issuable to
the Selling Stockholder under the Purchase Agreement.
Aspira said, "On April 4, 2025, we entered into a common stock
purchase agreement with the Selling Stockholder. Under the Purchase
Agreement, we have the ability, subject to the limits set forth in
the Purchase Agreement, to require the Selling Stockholder to
purchase up to $2,000,000 of our common stock between the date that
the registration statement of which this prospectus forms a part
becomes effective and September 30, 2025 pursuant to purchase
notices delivered to Triton stating the number of shares of our
common stock Triton is required to purchase. The amount to be
funded under each Purchase Notice is the number of shares of common
stock to be purchased multiplied by 75% of the lowest daily VWAP of
our common stock during the five trading days prior to the payment
and delivery of the shares of common stock."
A full-text copy of the Registration Statement is available at
https://tinyurl.com/33fe9dzx
About Aspira Women's Health
Formerly known as Vermillion, Inc., Aspira Women's Health Inc. --
http://www.aspirawh.com-- is dedicated to the discovery,
development, and commercialization of noninvasive, AI-powered tests
to aid in the diagnosis of gynecologic diseases. OvaWatch and
Ova1Plus are offered to clinicians as OvaSuiteSM. Together, they
provide a comprehensive portfolio of blood tests to aid in the
detection of ovarian cancer for the 1.2+ million American women
diagnosed with an adnexal mass each year. OvaWatch provides a
negative predictive value of 99% and is used to assess ovarian
cancer risk for women where initial clinical assessment indicates
the mass is indeterminate or benign, and thus surgery may be
premature or unnecessary. Ova1Plus is a reflex process of two
FDA-cleared tests, Ova1 and Overa, to assess the risk of ovarian
malignancy in women planned for surgery.
Boston, Massachusetts-based BDO USA, P.C., the Company's auditor
since 2012, issued a "going concern" qualification in its report
dated March 27, 2025, attached to the Company's Form 10-K Report
for the year ended December 31, 2024, citing that the Company has
suffered recurring losses from operations and expects to continue
to incur substantial losses in the future, which raise substantial
doubt about its ability to continue as a going concern.
As of Dec. 31, 2024, Aspira Women's Health had $5.49 million in
total assets, $8.05 million in total liabilities, and a total
stockholders' deficit of $2.56 million. The Company's working
capital deficit was $1,285,000 at Dec. 31, 2024.
ATM AFFILIATES: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: ATM Affiliates LLC
JFT Group
566 S. Coppell Rd. #2
Coppell TX 75019
Business Description: ATM Affiliates LLC operates in the
commercial real estate sector, focusing on
leasing nonresidential buildings. The
Company primarily leases out properties that
are not used as residences, miniwarehouses,
or self-storage units.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-31668
Debtor's Counsel: Joseph Acosta, Esq.
CONDON TOBIN
8080 Park Lane Suite 700
Dallas TX 75231
Tel: 214-763-3440
Email: jacosta@condontobin.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by John Tornese as CEO.
The Debtor failed to provide a list of its 20 largest unsecured
creditors in the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UFC2I5A/ATM_Affiliates_LLC__txnbke-25-31668__0001.0.pdf?mcid=tGE4TAMA
AVON PLACE: Unsecured Creditors to be Paid in Full in Plan
----------------------------------------------------------
Avon Place, LLC, filed with the U.S. Bankruptcy Court for the
Eastern District of New York a Disclosure Statement describing Plan
of Reorganization dated April 4, 2025.
The Debtor is a Connecticut limited liability company formed in
2022. The Debtor acquired one hundred and eighty condominium units
(the "Property") at the property known as Avon Place Condominiums
and located at 44-46-47-48 Avonwood Road, Avon, CT 06001.
Sixty-two (units) are located at 44, 47 and 48 Avon Road and
forty-six units at 46 Avon Road. One hundred and sixty-two units
were purchased in October 2022 for $33,750,000, with the remaining
sixteen units being purchased from individual sellers sporadically
since then, for the sum of $2,709,500. The Debtor estimates the
current value of the Property to be approximately $40,000,000.
This case was filed to protect the value of the Debtor's properties
and to avoid a forfeiture under a predatory foreclosure action
brought by 44 Avon Road Credit LLC.
Class 5 consists of General Unsecured Claims. Claims total
approximately $1,287,148. Payment in full in Cash plus interest
through the payment date on the Effective Date. This Class is
Unimpaired and deemed to have accepted the Plan.
Class 6 consists of Allowed Equity Interests. Interest Holders
shall be required to contribute the funds necessary to make
Effective Date payments under the Plan and shall retain their
Interests under the Plan.
Plan payments will be paid by the Interest Holders, cash on hand,
and additional funds from a refinancing or sale of the Property.
A full-text copy of the Disclosure Statement dated April 4, 2025 is
available at https://urlcurt.com/u?l=X3NxuP from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Mark Frankel, Esq.
Backenroth Frankel & Krinsky, LLP
488 Madison Avenue, Floor 23
New York, NY 10022
Telephone: (212) 593-1100
About Avon Place LLC
Avon Place LLC is a real estate company owning multiple properties
at 44, 46, 47, 48 Avonwood Road in Avon, Connecticut.
Avon Place LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41368) on March 21,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor tapped Backenroth, Frankel & Krinsky, LLP as counsel and
FIA Capital Partners, LLC as restructuring advisor.
B&B OUTDOOR: Seeks to Sell Machineries at Auction
-------------------------------------------------
B&B Outdoor LLC seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida, Orlando Division, to sell
substantially all of its Assets at Auction, free and clear of
liens, claims, interests, and encumbrances.
The Debtor's principal place of business is located at 117 West
Palmetto Avenue, Pierson, Florida, 32180. The Debtor’s Property
is stored at the Premises.
The Debtor is seeking authority to sell its machinery, equipment,
and vehicles through an auction to be conducted by Robert H. Ewald
and to use the sale proceeds to partially satisfy the liens on said
personal property held by Synovus, as the senior lienholder.
The Property is encumbered by liens held by Synovus, which has
consented to the sale.
The Debtor has determined that it is in the best interests of the
estate and creditors to maximize the value of their estate's assets
through a structured and organized sale of the Property.
The Debtor requests authority to sell the Property at an
online-only public auction to the highest and best bidder.
The Debtor also submits that there is good cause to shorten the
notice period because the Auctioneer has advised that the best time
to auction the Property would be early Summer.
The Debtor believes that the Auction Process provides for public
participation in the online-only auction sale of the Property and
the Auction Process has been proposed in good faith and is fair and
equitable
to all parties in interest.
About B&B Outdoor
B&B Outdoor, LLC is a site development and asset maintenance
company based in Pierson, Florida. With over 10 years of experience
in Central Florida, the company offers a range of services,
including site demolition, preparation, development, subgrade
stabilization, base rock installation, road grading, underground
utilities, concrete and curb work, stormwater drainage, road
maintenance, litter control, washout repairs, emergency storm
response, pond excavation, and the sale and distribution of dirt,
sand, and stone.
B&B Outdoor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-01414) on March 1, 2025. In its
petition, the Debtor reported total assets of $93,252 and total
liabilities of $1,527,035
Judge Lori V. Vaughan handles the case.
The Debtor is represented by Jeffrey S. Ainsworth, Esq., at
BransonLaw, PLLC.
B.A.S.S. & M.: Court OKs Real Estate Sale at Auction
----------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, has approved B.A.S.S. & M. Inc. to sell
substantially all of its Assets, free and clear of liens,
interests, and encumbrances.
The Debtors are engaged in renting and leasing real estate
properties.
The Court recognized that the disclosures made by the Debtors
concerning the Bid Procedures, Auction, Asset Purchase Agreements
(APA), Sale Motion and Sale were good, complete and adequate.
The Court acknowledged that APAs were negotiated, proposed, and
entered into by the Debtors and the Purchasers without collusion,
in good faith and from arms'-length bargaining positions and the
Debtors conducted a fair and competitive sale and Auction process
in accordance with the Bid Procedures approved by the Court.
The Court ordered that the Debtors may sell the Properties free and
clear of all Claims and Interests against the Debtors, its estate
or any of the Properties.
The Court held that there is good and sufficient cause for approval
of the APAs and the Sale. A fair and reasonable opportunity to
object or be heard with respect to the Sale Motion and the relief
requested therein has been afforded to all interested persons or
entities.
In the event that the Sale to any of the Purchasers does not close
as a result of the termination of the APA, the Purchaser will
deemed to have forfeited any deposit, and the Debtors are
authorized, without further order of the Court, to consummate the
Sale to one or more Back-Up Bidders.
The Debtors are ordered to take any such steps as may be necessary
or appropriate to transfer title and put Purchasers in actual
physical possession and operating control of the Properties.
The Debtor is directed to pay claims and interests to Hilco in the
amount of $100,000; all amounts owing to Nine Left Capital Master
Fund and/or its designees; any amounts owed to Hilco in respect of
the Hilco Fees; all amounts to the City of Chicago; and amounts
owing to any other claimants holding allowed secured claims and
interests.
About B.A.S.S. & M. Inc.
B.A.S.S. & M. Inc. is primarily engaged in renting and leasing real
estate properties.
B.A.S.S. & M. Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ill. Lead Case No. 24-15381) on Oct. 16,
2024. In the petition filed by Suzie B. Wilson, as authorized
representative, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtors tapped ARENTFOX SCHIFF LLP as general bankruptcy
counsel, and ROCK CREEK ADVISORS, LLC, as financial advisor.
STRETTO, INC., is the claims agent.
BALL CORP: Egan-Jones Retains BB+ Senior Unsecured Ratings
----------------------------------------------------------
Egan-Jones Ratings Company on April 28, 2025, maintained its
'BB+' foreign currency and local currency senior unsecured ratings
on debt issued by Ball Corporation.
Headquartered in Westminster, Colorado, Ball Corporation provides
metal packaging for beverages, foods, and household products.
BEARSVILLE LLC: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Bearsville, LLC
23 Gould St.
Colebrook, NH 03576
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
District of New Hampshire
Case No.: 25-10294
Debtor's Counsel: Peter N. Tamposi, Esq.
THE TAMPOSI LAW GROUP, P.C.
159 Main St.
Nashua, NH 03060
Tel: 603-204-5513
Email: peter@thetamposilawgroup.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Richard Renehan as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UMTI2DI/Bearsville_LLC__nhbke-25-10294__0001.0.pdf?mcid=tGE4TAMA
BED BATH: Investor Drops Meme-Stock Case After Class Action Denial
------------------------------------------------------------------
Gillian R. Brassil of Bloomberg Law reports that an investor in Bed
Bath & Beyond Inc. has withdrawn its lawsuit accusing activist
investor Ryan Cohen of orchestrating a pump-and-dump scheme
involving the now-bankrupt company's stock.
The case was dismissed after a federal judge in Washington, D.C.,
reaffirmed his earlier decision to deny class certification for
investors who alleged losses tied to Cohen and his firm, RC
Ventures LLC, during the meme-stock frenzy. On Tuesday, May 8,
2025, Judge Trevor N. McFadden officially closed the case following
a joint stipulation of voluntary dismissal with prejudice filed by
Belgian investment firm Bratya SPRL and Cohen, the report states.
About Bed Bath & Beyond
Bed Bath & Beyond Inc., together with its subsidiaries, is an
omnichannel retailer selling a wide assortment of merchandise in
the Home, Baby, Beauty & Wellness markets and operates under the
names Bed Bath & Beyond, buybuy BABY, and Harmon, Harmon Face
Values. The Company also operates Decorist, an online interior
design platform that provides personalized home design services.
At its peak, Bed Bath & Beyond operated the largest home furnishing
retailer in the United States with over 970 stores across all 50
states, consistently at the forefront of major home and bath
trends. Operating stores spanning the United States, Canada,
Mexico, and Puerto Rico, Bed Bath & Beyond offers everything from
bed linens to cookware to electric appliances, home organization,
baby care, and more.
Bed Bath & Beyond closed over 430 locations across the United
States and Canada before filing Chapter 11 cases, implementing
full-scale wind-downs of their Canadian business and the Harmon
branded stores.
Left with 360 Bed Bath & Beyond, and 120 buybuy BABY stores, Bed
Bath & Beyond Inc. and 73 affiliated debtors on April 23, 2023,
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code to pursue a wind-down of operations.
The cases are pending before the Honorable Vincent F. Papalia and
requested joint administration of the cases under Bankr. D.N.J.
Lead Case No. 23-13359.
Kirkland & Ellis LLP and Cole Schotz P.C. are serving as legal
counsel, Lazard Frares & Co. LLC is serving as investment banker,
and AlixPartners LLP is serving as financial advisor. Bed Bath &
Beyond Inc. has retained Hilco Merchant Resources LLC to assist
with inventory sales. Kroll LLC is the claims agent.
BEELINE HOLDINGS: Regains Compliance With Nasdaq Listing Rule
-------------------------------------------------------------
Beeline Holdings, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
received a letter from The Nasdaq Stock Market LLC notifying the
Company of its compliance with Nasdaq Listing Rule 5550(a)(2) by
maintaining a minimum bid price for its common stock of at least
$1.00 for 25 consecutive business days, from March 12, 2025, to
April 14, 2025.
Accordingly, the Company has regained compliance with the Rule and
the matter is now closed.
About Beeline Holdings
Beeline Holdings f/k/a Eastside Distilling, Inc. is a
forward-thinking mortgage lender leveraging cutting-edge technology
to simplify and streamline the home financing process. The company
is committed to providing a seamless, customer-centric experience
while expanding its presence in the mortgage industry.
Boca Raton, Florida-based Salberg & Company, P.A., 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 incurred recurring losses and negative cash
flows from operations since its inception, has a significant
working capital deficit, and is dependent on debt and equity
financing. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $66.5 million in total assets,
$17.5 million in total liabilities, and a total stockholders'
equity of $49 million.
BEELINE HOLDINGS: Reports $13.1 Million Net Loss for 2024
---------------------------------------------------------
Beeline Holdings, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting a net loss of
$13.1 million for 2024, compared to a net loss of $7.5 million in
2023. For the year ended December 31, 2024, the Company reported
total revenue of $3.8 million on a consolidated basis, consistent
with the prior year's revenue. Accumulated deficit for 2024 was
$94.3 million, compared to $82.7 million in 2023.
Boca Raton, Florida-based Salberg & Company, P.A., 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 incurred recurring losses and negative cash
flows from operations since its inception, has a significant
working capital deficit, and is dependent on debt and equity
financing. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
Management believes that its available funds and cash flow from
operations may not be sufficient to meet working capital
requirements for the twelve months subsequent to the issuance of
the financial statements. In order to accomplish its business plan
objectives, the Company will need to either increase revenues or
raise capital by the issuance of debt and/or equity.
Management also believes that it will be successful in obtaining
additional financing based on its limited history of raising funds;
however, there can be no assurances that our business plans and
actions will be successful, that we will generate anticipated
revenues, or that unforeseen circumstances will not require
additional funding sources in the future or effectuate plans to
conserve liquidity. Future efforts to raise additional funds may
not be successful or they may not be available on acceptable terms,
if at all.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/4sbftcmt
About Beeline Holdings
Beeline Holdings f/k/a Eastside Distilling, Inc. is a
forward-thinking mortgage lender leveraging cutting-edge technology
to simplify and streamline the home financing process. The company
is committed to providing a seamless, customer-centric experience
while expanding its presence in the mortgage industry.
As of Dec. 31, 2024, the Company had $66.5 million in total assets,
$17.5 in total liabilities, and a total stockholders' equity of $49
million.
BELLEVUE HOSPITAL: Hires Plante & Moran as Accountant and Auditor
-----------------------------------------------------------------
The Bellevue Hospital seeks approval from the U.S. Bankruptcy Court
for the Western District of Ohio to employ Plante & Moran, PLLC as
accountant and auditor.
The firm will assist the Debtor in preparing these documents:
a. for the Debtor, a Form 990 and a Form 990T;
b. for the Bellevue Hospital Foundation, a Form 990 and a Form
990T;
c. for the Bellevue Hospital Association, a Form 990EZ;
d. for North Coast Healthcare Collaborative, LLC, a Form 1065;
e. for Bellevue Pain Management, a Form 1065 and the City of
Bellevue Income Tax Return; and
f. for Bellevue Professional Service, Inc., a Form 1120, the
City of Bellevue Income Tax Return, and the City of Clyde Income
Tax Return.
The firm will also provide these services:
a. conducting an audit of the Debtor's financial statements and
related documents for the year of 2023;
b. performing an Employee Retention Income Security Act of 1974
(ERISA) section 103(a)(3)(C) audit of the Bellevue Hospital 401(k)
Plan;
c. preparing the Medicaid cost report, and applying certain
agreed-upon procedures related thereto; and
d. conducting an audit of the Debtor's financial statements and
related documents for the year of 2024.
The firm will be paid at these rates:
a. For the preparation of tax returns for the Debtor, the
Bellevue Hospital Foundation, the Bellevue Hospital Association,
North Coast Healthcare Collaborative, LLC, Bellevue Pain
Management, and Bellevue Professional Service, Inc., the Accountant
seeks compensation of its professionals on an hourly basis. The
hourly rates for Accountants' professionals are $555 per for a
Partner, $260 per hour for a Manager, and $145 per hour for other
Staff.
b. For the audit of Debtor's financial statements for 2023 and
2024, the Accountant again seeks compensation of its professionals
on an hourly basis, but with different rates than for the tax
returns. The Accountant's hourly rates for audits are $575 per hour
for a Partner, $440 per hour for a Senior Manager, $285 per hour
for a Manager, $210 per hour for a Senior, and $145 per hour for
other Staff.
c. For the audit of Debtor's 401(k) Plan, the Accountant
estimates that its fee will be approximately $19,000, plus all
reasonable and necessary travel and out-of-pocket costs incurred.
Accountant also requests a retainer of $15,000 before starting work
on this specific ERISA audit.
d. Finally, for preparing the Medicaid cost report, the
Accountant proposes to send invoices for its services to the Debtor
as the project progresses. Accountant also requests a retainer of
$5,000 before starting work on this specific project of preparing
the Medicaid cost report and complying with the guidelines
thereto.
Mr. Pace 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:
Jordan F. Pace, CPA
Plante & Moran, PLLC
250 S. High St. Suite 100
Columbus, OH 43215
Tel: (614) 849-3000
Email: Jordan.pace@plantemoran.com
About The Bellevue Hospital
The Bellevue Hospital is a healthcare provider offering a range of
services, including cancer care, cardiac and pulmonary rehab,
diagnostic imaging, emergency care, and surgery. It serves
residents of Bellevue, Clyde, Fremont, and surrounding areas,
providing care 24/7. The organization is governed by a board of
trustees and operates as a not-for-profit corporation. Bellevue
Hospital was founded in 1914 and has interests in several
subsidiary entities, including The Bellevue Hospital Foundation,
Bellevue Professional Services, Inc., Bellevue Hospital Pain
Management, LLC, Prairie Ridge, LLC, and Bellevue Hospital Medical
Holdings, LLC.
Bellevue Hospital filed Chapter 11 petition (Bankr. N.D. Ohio Case
No. 25-30191) on February 5, 2025, listing between $10 million and
$50 million in both assets and liabilities. Sara K. Brokaw, chief
executive officer of Bellevue Hospital, signed the petition.
Judge Mary Ann Whipple oversees the case.
Richard K. Stovall, Esq., at Allen Stovall Neuman & Ashton LLP,
represents the Debtor as legal counsel.
Fifth Third Bank, as senior secured creditor, is represented by
Carrie M. Brosius, Esq. at Vorys, Sater, Seymour and Pease LLP.
Firelands Regional Health System, as DIP lender, is represented by
Ellen Arvin Kennedy. Esq. at Dinsmore & Shohl, LLP.
BEVERLY COMMUNITY: Trustee Taps Special Counsels, Financial Advisor
-------------------------------------------------------------------
Bienert Katzman Littrell Williams LLP on behalf, and with the
consent and authorization, of Howard M. Ehrenberg (the "Trustee"),
the duly appointed, qualified, and acting Chapter 11 trustee for
Beverly Community Hospital Association d/b/a Beverly Hospital (A
Nonprofit Public Benefit Corporation)and its affiliates seeks
approval from the U.S. Bankruptcy Court for the Central District of
California to employ Bienert Katzman Littrell Williams LLP, and
Sills Cummis & Gross P.C., as special litigation counsels and
Province LLC as financial advisor.
The Debtors need the firms' legal and financial assistance to
investigate and pursue certain causes of action of the Debtors
against certain of the Debtors' former directors and officers,
including claims for breaches of fiduciary duty and for the
avoidance and recovery of certain prepetition transfers.
Bienert Katzman and Sills Cummis will share in a contingency fee of
40 percent of any and all recoveries by way of settlement or
judgement.
Province LLC will be entitled to 5 percent of any such recoveries.
The Trustee has agreed to provide Bienert Katzman and Sills Cummis
an initial $50,000 advance payment.
As disclosed in a court filing that the firms are "disinterested
persons" as the term is defined in Section 101(14) of the
Bankruptcy Code.
The firms can be reached at:
Andrew H. Sherman, Esq.
Sills Cummis & Gross PC
One Riverfront Plaza
Newark, NJ 07102
Tel: (973) 643-7000
Fax: (973) 643-6500
Email: asherman@sillscummis.com
- and -
Steven J. Katzman, Esq.
Bienert, Miller & Katzman, PLC
903 Calle Amanecer, Suite 350
San Clemente, CA 92673
Tel: (949) 226-6776
Fax: (949) 369-3701
E-mail: tbisconti@bmkattorneys.com
- and -
Paul Navid, Esq.
Province, LLC
2360 Corporate Circle, Suite 340
Henderson, NV 89074
Tel: (702) 685-5555
Email: pnavid@provincefirm.com
About Beverly Community Hospital Association
d/b/a Beverly Hospital
(A Nonprofit Public Benefit Corporation)
Beverly Community Hospital Association and affiliates operate
general medical and surgical hospitals.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Lead Case No. 23-12359) on April
19, 2023. In the petition signed by its chief executive officer,
Alice Cheng, Beverly Community disclosed $1 million to $10 million
in assets and $100 million to $500 million in liabilities.
Judge Sandra R. Klein oversees the cases.
The Debtors tapped Sheppard, Mullin, Richter and Hampton, LLP as
bankruptcy counsel; Orrick, Herrington & Sutcliffe, LLP as special
and conflicts counsel; and Triple P RTS, LLC, a wholly owned
subsidiary of Portage Point Partners, LLC, as restructuring
advisor.
The U.S. Trustee for Region 16 appointed an official committee to
represent unsecured creditors in these Chapter 11 cases. The
committee is represented by Tania Moyron, Esq.
Tamar Terzian is the patient care ombudsman appointed in the
Debtors' Chapter 11 cases.
Howard M. Ehrenberg was appointed as trustee appointed in these
Chapter 11 cases. The trustee tapped Greenspoon Marder, LLP as
counsel and Stretto, Inc. as financial analysis and litigation
support services provider.
BIG LOTS: Seeks to Extend Plan Exclusivity to July 6
----------------------------------------------------
Big Lots, Inc., and certain of its affiliates asked the U.S.
Bankruptcy Court for the District of Delaware to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to July 6 and Sept. 7, 2025, respectively.
The Debtors explain that these Chapter 11 Cases involve 19 debtor
affiliate entities. At the outset of these Chapter 11 Cases, the
Debtors operated approximately 1,300 stores and employed over
27,000 employees. Moreover, the Debtors have a wide variety of
parties in interest, including various vendors, customers, and
landlords—many of whom have been active in these Chapter 11
Cases.
The Debtors seek to protect their exclusive ability to propose a
chapter 11 plan to avoid the costs and distraction associated with
addressing any plans filed by third parties and to advance the goal
of achieving a speedy and fully consensual conclusion to these
Chapter 11 Cases.
The Debtors claim that the requested extension of the Exclusive
Periods is the second such request made in these Chapter 11 Cases
and comes approximately seven months after the Petition Date.
During this time, the Debtors have made significant progress
towards determining, in conjunction with the Committee, the most
value-maximizing path forward in these Chapter 11 Cases, whether
that be through a Plan, dismissal, or conversion. An extension of
the Exclusive Periods would allow the Debtors to continue to build
on the significant progress made thus far and facilitate an
efficient wind-down of the Debtors' estates.
The Debtors cite that they are not seeking an extension of the
Exclusive Periods to pressure or otherwise prejudice any of their
creditors. Rather, the Debtors assert that avoiding the expense of
a party proposing a Plan will inure to the benefit of creditors by
saving estate resources.
Counsel to the Debtors:
Robert J. Dehney, Sr., Esq.
Sophie Rogers Churchill, Esq.
Andrew R. Remming, Esq.
Tamara K. Mann, Esq.
Casey B. Sawyer, Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 N. Market Street, 16th Floor
Wilmington, DE 19801
Tel: (302) 658-9200
Email: rdehney@morrisnichols.com
aremming@morrisnichols.com
tmann@morrisnichols.com
srchurchill@morrisnichols.com
csawyer@morrisnichols.com
- and -
Brian M. Resnick, Esq.
Adam L. Shpeen, Esq.
Stephen D. Piraino, Esq.
Ethan Stern, Esq.
DAVIS POLK & WARDWELL LLP
450 Lexington Avenue
New York, NY 10017
Tel: (212) 450-4000
Email: brian.resnick@davispolk.com
adam.shpeen@davispolk.com
stephen.piraino@davispolk.com
ethan.stern@davispolk.com
About Big Lots
Big Lots (NYSE: BIG) -- http://www.biglots.com/-- is one of the
nation's largest closeout retailers focused on extreme value,
delivering bargains on everything for the home, including
furniture, decor, pantry and more.
On Sept. 9, 2024, Big Lots, Inc. and each of its subsidiaries
initiated voluntary Chapter 11 proceedings (Bankr. D. Del. Lead
Case No. 24-11967). The case is being administered by the Honorable
J. Kate Stickles.
Davis Polk & Wardwell LLP is serving as legal counsel, Guggenheim
Securities, LLC is serving as financial advisor, AlixPartners LLP
is serving as restructuring advisor, and A&G Real Estate Partners
is serving as real estate advisor to the Company. Kroll is the
claims agent.
Kirkland & Ellis is serving as legal counsel to Nexus Capital
Management LP.
PNC Bank, National Association, the DIP ABL Agent and Prepetition
ABL Agent, is represented by Choate, Hall & Stewart, LLP; and Blank
Rome, LLP. 1903P Loan Agent, LLC, the DIP Term Agent, and the
Prepetition Term Loan Agent are represented by Otterbourg, P.C. and
Richards, Layton & Finger, P.A.
BIOREGENX INC: Posts $23.1M Net Loss in FY24, Up From $3.6M in FY23
-------------------------------------------------------------------
BioRegenx, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$23,054,017 on $2,340,106 of net sales for the year ended December
31, 2024, compared to a net loss of $3,600,082 on $3,411,415 of net
sales for the year ended December 31, 2023.
Los Angeles, Calif.-based Weinberg & Company, P.A., 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 experienced recurring operating losses and
negative operating cash flows since inception, and had a
stockholders' deficit at December 31, 2024. In addition, the
Company is in default of certain of its debt obligations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
According to the Company, its ability to continue as a going
concern is contingent upon the successful completion of additional
financing arrangements and its ability to achieve and maintain
profitable operations.
Therefore, management plans to raise equity capital to finance the
operating and capital requirements of the Company. While the
Company is devoting its best efforts to achieve the above plans,
there is no assurance that any such activity will generate funds
that will be available for operations.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/s4snkkzw
About BioRegenx Inc.
Chattanooga, Tenn.-based BioRegenx, Inc. develops and manufactures
medical test equipment and high quality, science-based nutritional
products. The Company distributes wellness devices. The products
are sold nationally through a direct selling channel, to health
professionals and research organizations.
As of Dec. 31, 2024, the Company had $508,535 in total assets,
$3,887,794 in total liabilities, and a total stockholders' deficit
of $3,379,259.
BISHOP OF OAKLAND: Fine-Tunes Plan Documents
--------------------------------------------
The Roman Catholic Bishop of Oakland submitted a Third Amended
Disclosure Statement for the Third Amended Plan of Reorganization
dated April 3, 2025.
On the Plan's Effective Date (the date after confirmation when the
Plan becomes Effective), the Plan will create a Survivors' Trust
for the purpose of paying distributions to Holders of Class 4 and
Class 5 Claims, which are the two Classes of Abuse Claims under the
Plan.
The Survivors' Trust will be funded with (a) $115 million in cash
contributed by the Debtor over a five-year period and (b) $28.5
million in cash contributed by RCWC contingent on the number of
Releases it secures from those Holders of Class 4 Claims and Class
5 Claims who have asserted liability against RCWC in connection
with an Abuse Claim. The Debtor will also contribute and assign to
the Survivors' Trust the rights and obligations of the Debtor in
the Non-Settling Insurer Policies.
The Debtor firmly believes the Contributing Entities'
Contributions, in the aggregate, accomplish the dual goals of
fairly compensating Holders of Abuse Claims and allowing the Debtor
to continue its mission to serve the Catholic faithful and those
who need its services and ministries in the East Bay area. The
basis for this belief is three-fold.
* First, the Contributing Entities' Contributions exceed, in the
aggregate and on a per-Abuse Claim basis, the equivalent
contributions from debtors in recent diocesan bankruptcy cases the
Debtor believes are comparable to this diocesan bankruptcy case.
* Second, the Plan maximizes the Debtor's assets available to
pay creditors while allowing the Debtor to continue its mission.
The Debtor believes it is using the most it is able to use from its
assets available to pay creditors and that the remaining assets are
needed to allow the Debtor to continue its mission. Perhaps most
materially, the Plan reflects the Debtor's willingness to make deep
sacrifices by liquidating assets in order to compensate survivors
of sexual abuse in a way that is fair and equitable pursuant to
Section 1129(b)(2) of the Bankruptcy Code. The Plan contemplates
the following contributions from the Debtor, totaling $115
million:
-- The $63 million Initial Debtor Contribution (to be paid to
the Survivors' Trust on the Effective Date) reflects the maximum
amount cash the Debtor can contribute to the Survivors' Trust on
the Effective Date while allowing the Debtor to continue its
mission.
-- The $52 million dollars to be contributed by the
Reorganized Debtor to the Survivors' Trust during the five years
following the Effective Date reflects the maximum amount of cash
the Debtor can contribute to the Survivors' Trust while allowing
the Reorganized Debtor to continue its mission. The Reorganized
Debtor will meet its contribution obligations, which include the
$52 million dollars to be contributed to the Survivors' Trust and
the amounts needed to service the existing and contemplated debt
obligations to RCC, by selling real estate (including some Church
property and including both vacant and non-vacant land). During
each of the four years following the Effective Date, the
Reorganized Debtor will transfer to the Survivors' Trust $10
million dollars of proceeds from the sale of such real estate. In
the fifth year, the Reorganized Debtor will transfer $12 million of
proceeds. The Reorganized Debtor will supplement contributions to
the Survivors' Trust with additional unrestricted cash if necessary
to meet its commitment to contribute $52 million dollars to the
Survivors' Trust during the five years following the Effective
Date.
* Third, many of the Debtor's assets are either necessary for it
to maintain basic operations, including for Churches within the
Diocese of Oakland, or were donated to the Debtor for a specific,
restricted purpose. Because the Debtor is a charitable entity,
California law imposes limitations on the use of property donated
subject to a restriction on use.
As of March 9, 2025, 427 Abuse Claims were filed pursuant to the
Bar Date Order. Of that number, 33 filed Abuse Claims are
duplicative of other, timely filed claims. An additional 8 Abuse
Claims were filed after the Bar Date, no motion to deem such claims
as timely has been filed, and accordingly, such claims are
untimely. After accounting for duplicative, untimely claims, 386
"unique" (non-duplicative, timely) claims remain. Of these 386
unique claims, the Debtor believes, based on various factors
identified in its review of the Abuse Claims, approximately 345
Abuse Claims exist that may ultimately be entitled to distributions
from the Survivors' Trust.
However, the Debtor has not filed any objections to claims as of
the filing of the Plan and understands that the provisions of the
Survivors' Trust Distribution Plan will ultimately control which
Claimants receive distributions and in what amount. Nothing in the
Plan or this Disclosure Statement attempts to disallow any Allowed
Claims or seeks a determination regarding allowance.
Many of the Abuse Claims are asserted to be of six-figure or
seven-figure amounts, and many are listed as having an unknown
amount. The Abuse Claims present unique complexities of
confidentiality, valuation, procedure, and appropriate and
equitable treatment of Claims. After the Debtor's careful
evaluation of all filed Claims with the assistance of the Debtor's
advisors, the Debtor is confident that the Plan establishes
protocols to ensure that Allowed Abuse Claims are compensated
through an expedited, uniform claims process.
Like in the prior iteration of the Plan, each Holder of Allowed
General Unsecured Claim shall receive payment in Cash from the
general operating revenues of the Reorganized Debtor in an amount
equal to such Allowed General Unsecured Claim, payable no later
than the later of (a) the date that is one year after the Effective
Date, (b) the date that is twenty-one days after the date when such
General Unsecured Claim becomes an Allowed General Unsecured Claim,
or (c) the date on which the Holder of such General Unsecured Claim
and the Reorganized Debtor shall otherwise agree in writing.
The Survivors' Trust shall be funded with (i) aggregate Cash
contributions from the Debtor and Reorganized Debtor (as
applicable) of $115 million, (ii) any Cash contributions from a
Contributing Non-Debtor Catholic Entity pursuant to Section 9.3.2
of the Plan, (iii) any proceeds held by the Debtor or the
Reorganized Debtor on account of Insurance Settlement Agreements as
set forth in and subject to the Plan, and (iv) the Assigned
Insurance Interests.
A full-text copy of the Third Amended Disclosure Statement dated
April 3, 2025 is available at https://urlcurt.com/u?l=az9XEz from
Kurtzman Carson Consultants LLC, claims agent.
The Roman Catholic Bishop of Oakland is represented by:
Jeffrey R. Blease, Esq.
Thomas F. Carlucci, Esq.
Shane J. Moses, Esq.
Emil P. Khatchatourian, Esq.
Ann Marie Uetz, Esq.
Matthew D. Lee, Esq.
FOLEY & LARDNER LLP
555 California Street, Suite 1700
San Francisco, CA 94104-1520
Email: jblease@foley.com
tcarlucci@foley.com
smoses@foley.com
ekhatchatourian@foley.com
auetz@foley.com
mdlee@foley.com
About The Roman Catholic Bishop of Oakland
The Roman Catholic Bishop of Oakland, a tax-exempt religious
organization, sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 23-40523) on May 8,
2023. In the petition signed by Bishop Michael Charles Barber, the
Debtor disclosed $100 million to $500 million in both assets and
liabilities.
Judge William J. Lafferty oversees the case.
The Debtor tapped Foley & Lardner LLP as legal counsel and Alvarez
& Marsal North America, LLC as restructuring advisor. Kurtzman
Carson Consultants LLC is the Debtors' claims and noticing agent
and administrative advisor.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee tapped Lowenstein Sandler, LLP as bankruptcy counsel;
Burns Bair LLP as special insurance counsel; and Berkeley Research
Group, LLC as financial advisor.
BIT-TECH LLC: Seeks Approval to Hire Pepper & Nason as Counsel
--------------------------------------------------------------
Bit-Tech, LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of West Virginia to employ Pepper & Nason as
counsel.
The firm will provide these services:
(a) give the Debtor legal advice with respect to its powers
and duties in the continued operation of its business and
management of its property;
(b) prepare on behalf of the Debtor necessary legal papers;
and
(c) perform all other legal services for the Debtor which may
be necessary herein.
The firm's counsel will be paid at these hourly rates:
Andrew Nason, Attorney $475
Emmett Pepper, Attorney $390
The firm received a retainer of $22,212 plus a filing fee of $1,788
and a deposit for the subchapter V trustee of $1,000.
Mr. Nason 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:
Andrew S. Nason, Esq.
Pepper & Nason
8 Hale Street
Charleston, WV 25301
Telephone: (304) 346-0361
About Bit-Tech LLC
Bit-Tech LLC is a limited liability company.
Bit-Tech LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. W. Va. Case No. 25-30108) on
April 18, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $100,000 and
$500,000.
The Debtor is represented by Andrew S. Nason, Esq., at Pepper &
Nason.
BNG GROUP: To Sell Sterling Property to ABH Holding for $8.3MM
--------------------------------------------------------------
BNG Group, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Virginia, to sell Real Property, free and
clear of liens, interests, and encumbrances.
The Debtor's Property is located at 2 Pidgeon Hill Drive,
Sterling, Virginia 20165.
The Debtor was managed by Angela Shortall, as Chief Restructuring
Officer (CRO).
The Debtor is a Virginia limited liability company formed to own
and operate the Property. The Property is improved by a four-story
office/medical building, which is leased to a number of businesses
including, but not limited to, a spa, dental practice, title
company, and various counseling, financial, and healthcare service
providers. The Debtor has two members, Valeria Gunkova and Harry
Kamin.
The lienholders of the Property are 2 Pidgeon Hill Drive LLC and
PBK Invest VA LLC, and Small Business Administration, LLC.
The Property is also encumbered by a Deed of Trust, Assignment of
Rents and Security Agreement to secure a loan from Atlantic Union
Bank to the Debtor in the original principal amount of
$7,360,000.00.
In addition to being a member of the Debtor, Ms. Gunkova, through
her business Skin Logic, LLC, d/b/a Aria was also one of the
Debtor's largest tenants.
Skin Logic's failure to pay rent created a liquidity crisis for the
Debtor. The Debtor was unable to pay its bills as they came due.
Since her appointment, the CRO exposed the Property to the market
for sale through an informal arrangement with Mark Irion of
Transworld Business Advisors. The CRO became acquainted with Mr.
Irion through his efforts to sell Skin Logic.
Transworld is a recognized national leader in buying and selling
businesses, and Mr. Irion has his more than 25 years of experience
in leading, buying and selling businesses.
Dr. Leila Kump, an ophthalmic surgeon and aesthetic medicine
specialist, and her primary business is Aspectus Clinic in Great
Falls, expresses interest in buying the Property.
Kump, through her entity ABH Holding LLC, executed a purchase
agreement with the Debtor and delivered a $100,000 non-refundable
deposit to the CRO's counsel.
The purchase price of the Property is $8,300,000 and is being sold
"as is, where is," subject only to the Debtor's ability to deliver
marketable title.
As part of the contract, the Debtor will pay 6% to Mr. Irion and
Transworld.
The closing date of the sale will be on May 9, 2025 and the Bid
procedures include $100,000 break-up fee, $125,000 initial bid
increment, $25,000 subsequent bid increment.
The Debtor shall have responsibility for paying any Cure Costs due
in connection with the
assumption and assignment of the Assigned Leases and Contracts.
If 2 Pidgeon Hill moves for relief from the automatic stay to
proceed with the foreclosure sale, the Debtor would be divested of
ownership of the Property and thus its ability to maximize value
for its creditors and the estate.
About BNG Group, LLC
BNG Group LLC is a single asset real estate debtor, as defined in
11 U.S.C. Section 101(51B).
BNG Group LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Va. Case No. 25-10463) on March 10, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtor is represented by Lawrence A. Katz, Esq. at Hirschler
Fleischer, PC.
Angela Shortall serves as the Debtor's Chief Restructuring Officer.
BOLLINGER MOTORS: Creditor Renews Bid to Appoint Receiver
---------------------------------------------------------
Robert Bollinger, as the largest and sole secured creditor of
Bollinger Motors, Inc., filed a renewed motion seeking the
appointment of Gene Kohut as receiver over the Company and its
assets.
On March 24, the Plaintiff filed his Emergency Motion for
Appointment of Receiver over the Defendant, which the Court denied
without prejudice on March 31. The Court held that it would be
appropriate to preserve the status quo pending an evidentiary
hearing, recognizing there is "a significant likelihood that the
company is insolvent, and there is a significant likelihood that
they are not able to pay their debt to Mr. Bollinger as they are
required to do."
The Plaintiff filed the renewed motion stating that a receiver is
necessary in order to preserve the assets pledged for the repayment
of a $10 million loan he made and upon which the Company is now in
default. Moreover, as set forth in his Declaration, only a receiver
can try to sell Bollinger Motors as a going concern while also
retaining the current employees by meeting the payroll that he has
committed to fund. The Plaintiff believes a sale pursuant to the
independent oversight of an experienced receiver is the only
available avenue for Bollinger Motors.
The Plaintiff maintains a money judgment will not be adequate to
compensate him because Bollinger Motors has significantly more
creditors than its assets could satisfy. The immediate appointment
of a receiver is the only way to ensure the assets are properly
collected for the benefit of Mr. Bollinger and the unsecured
creditors, the Plaintiff contends.
Bollinger Motors, Inc. is an American automobile manufacturer of
electric vehicles based in Oak Park, Michigan.
Robert Bollinger, the company's largest and sole secured creditor,
has commenced receivership proceedings against the Company. The
case is styled ROBERT BOLLINGER v. BOLLINGER MOTORS, INC., Case No.
2:25-cv-10790 (E.D. Mich.).
Mr. Bollinger is represented by:
H. William Burdett, Jr., Esq.
Thomas H. Boyd, Esq.
WINTHROP & WEINSTINE, P.A.
P.O. Box 15038
Lansing, MI 48901
Telephone: (313) 318-9203
E-mail: bburdett@winthrop.com
The Company is represented by:
Miles T. Macik, Esq.
HOWARD & HOWARD ATTORNEYS PLLC
450 West Fourth Street
Royal Oak, MI 48067-2557
Telephone: (248) 645-1483
E-mail: mtm@h2law.com
BOLLINGER MOTORS: Objects to Renewed Motion to Appoint Receiver
---------------------------------------------------------------
In the case styled ROBERT BOLLINGER v. BOLLINGER MOTORS, INC., Case
No. 2:25-cv-10790 (E.D. Mich.), the Defendant filed a response in
opposition to the secured creditor's renewed emergency motion for
appointment of receiver without an evidentiary hearing.
The Defendant asserts that there is no new evidence presented by
Plaintiff that his collateral, which secures his claim under the
Note, is at risk of theft, loss, or destruction. The argument
raised by Plaintiff to the sale of Defendant's on hand "Inventory"
remains disputed, and as a matter of law, the on hand "Inventory"
is not part of Plaintiff's alleged collateral. For these reasons,
the factual issues remain as Plaintiff's burden, and are precisely
why the evidentiary hearing remains necessary, says the Defendant.
Moreover, to the extent there is any ambiguity in the Note (and
there is not), the parties' course of performance and the status
quo, before this lawsuit was filed, confirm that the Inventory was
not treated as part of Plaintiff's collateral under the Note. For
example, before the lawsuit was filed, the Defendant regularly used
the proceeds from the sale of its Inventory to support its
continuing business obligations. The Plaintiff now wants to stop
that practice and course of performance, as if a judgment has
already been entered by the Court on yet another ultimate issue in
the case -- the alleged breach of the Note.
Bollinger Motors, Inc. is an American automobile manufacturer of
electric vehicles based in Oak Park, Michigan.
Robert Bollinger, the company's largest and sole secured creditor,
has commenced receivership proceedings against the Company,
asserting that the Company has defaulted on a $10 million loan.
The case is styled ROBERT BOLLINGER v. BOLLINGER MOTORS, INC., Case
No. 2:25-cv-10790 (E.D. Mich.).
Mr. Bollinger is represented by H. William Burdett, Jr., Esq., and
Thomas H. Boyd, Esq., at WINTHROP & WEINSTINE, P.A.
The Company is represented by Miles T. Macik, Esq., at HOWARD &
HOWARD ATTORNEYS PLLC.
BRIGHT CARE: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------
The U.S. Trustee for Region 16 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Bright Care Veterinary Hospital, Inc.
About Bright Care Veterinary Hospital
Bright Care Veterinary Hospital, Inc. filed Chapter 11 petition
(Bankr. C.D. Calif. Case No. 25-10900) on April 8, 2025, listing
between $1 million and $10 million in both assets and liabilities.
Alireza Gorgi, president of Bright Care, signed the petition.
Judge Scott C. Clarkson oversees the case.
The Debtor is represented by:
David B. Golubchik, Esq.
Levene, Neale, Bender, Yoo & Golubchik L.L.P.
Tel: 310-229-1234
Email: dbg@lnbyg.com
BROKENSTRAW VALLEY: Seeks Subchapter V Bankruptcy in Texas
----------------------------------------------------------
On May 2, 2025, Brokenstraw Valley Winery LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District
of Texas. According to court filing, the Debtor reports between
$100,000 and $500,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Brokenstraw Valley Winery LLC
Brokenstraw Valley Winery LLC is a winery operation based in
Wilcox, Pennsylvania.
Brokenstraw Valley Winery LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-10249) on
May 2, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $100,000 and $500,000 each.
Honorable Bankruptcy Judge John C. Melaragno handles the case.
CAN BROTHERS: Unsecureds Will Get 15% of Clams over 48 Months
-------------------------------------------------------------
CAN Brothers Construction, Inc., submitted a Third Amended
Disclosure Statement in connection with the Plan of Reorganization
dated April 4, 2025.
This Third Amended Disclosure Statement describes the Debtor's plan
to reorganize its business debt and remain in operation.
The Third Amended Disclosure Statement and the Plan under Chapter
11 of the Code propose to address claims of creditors from ongoing
operation of the Debtor's business, providing payment in full of
equipment lien holders and secured lien holders.
The Plan provides for one class of secured claims, Class 2
consisting of the Bank of NH, IOU and the SBA and the equipment
lien holders who will continue to receive monthly payments until
paid in full. Class 3 is the class of unsecured claim holders. The
unsecured creditor class will receive its first dividend payment
within thirty days of confirmation.
The Debtor has approximately $1,588,136.82 in unsecured debt. The
Debtor anticipates that the final amount of unsecured debt will be
reduced once objections to proofs of claim are determined.
The Debtor will fund a Plan from income earned from site and
construction work on contracts. The Debtor expects that General
Unsecured Creditors will receive a dividend of fifteen percent,
depending upon the amount of the holders of allowed General
Unsecured Claims. The payment will be paid to unsecured creditors
over a 48-month plan. The distribution to General Unsecured
Creditors as proposed under this Plan is greater than the
distribution that General Unsecured Creditors would receive in a
Chapter 7 Liquidation which is estimated to be zero percent.
Class 3 includes all General Unsecured Creditors and Claims,
including all those creditors identified in Exhibit A, and OSHA.
Creditors in Class 3 will receive dividend payments with the first
payment to be made within thirty days of confirmation of the plan.
Each unsecured creditor will receive a dividend payment of fifteen
percent of its claim payable monthly over the 48-month life of the
plan. The monthly dividend payment will be $4,962.93. The total
dividend payment will be in the approximate amount of $238,813.67.
Class 3 is impaired. The allowed unsecured claims total
$1,588,136.80. The Debtor reserves the right to object to claims in
this Class. The creditors in this Class shall have no further
claims against the Debtor following completion of payment of their
dividend.
The Equity Interest holder is the owner and principal of the
Debtor, Charles Therriault. He will retain his 100% ownership
interest in the Debtor. The principal will retain responsibility
for any personal guarantee associated with any claim of this
Debtor.
Upon confirmation of the plan, the Debtor will continue to operate
the business, pay its monthly operating expenses, continue to
submit bids for projects, and continue with the current management
of the Debtor.
The Debtor believes that the Financial Projections are reasonable
under the circumstances. The Financial Projections demonstrate that
the Debtor will be able to make the payments required by this
Plan.
A full-text copy of the Third Amended Disclosure Statement dated
April 4, 2025 is available at https://urlcurt.com/u?l=MGtlgd from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Eleanor Wm. Dahar, Esq.
Victor W. Dahar, PA
20 Merrimack Street
Manchester, NH 03101
Telephone: (603) 622-6595
Facsimile: (603) 647-8054
Email: vdaharpa@att.net
About CAN Brothers Construction
CAN Brothers Construction, Inc., is a New Hampshire Corporation
with the principal place of business located at 120 Ridge Road,
Middleton, New Hampshire 03887.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.H. Case No. 24-10115) on February 26,
2024. In the petition signed by Charles W. Therriault, Jr.,
president, the Debtor disclosed up to $10 million in both assets
and liabilities.
Judge Bruce A Harwood oversees the case.
Eleanor Wm. Dahar, Esq., at VICTOR W. DAHAR PROFESSIONAL
ASSOCIATION, is the Debtor's legal counsel.
CAN'T COOK: Hires Stichter Riedel Blain & Postler as Counsel
------------------------------------------------------------
Can't Cook Right, LLC, doing business as Katie's Kafe, seeks
approval from the U.S. Bankruptcy Court for the Northern District
of Florida to employ Stichter, Riedel, Blain & Postler, PA as
counsel.
The firm will render these services:
(a) render legal advice with respect to the Debtor's powers
and duties and the continued management of its property;
(b) prepare on behalf of the Debtor necessary legal papers;
(c) appear before this court and the United States Trustee to
represent and protect the interests of the Debtor;
(d) assist with and participate in negotiations with creditors
and other parties in interest in formulating a plan of
reorganization, drafting such a plan, and taking necessary legal
steps to confirm such a plan;
(e) represent the Debtor in all adversary proceedings,
contested matters, and matters involving administration of this
case;
(f) represent the Debtor in negotiations with potential
financing contracts, security sources, and prepare instruments, and
other documents necessary to obtain financing; and
(g) perform all other legal services that may be necessary for
the proper preservation and administration of this Chapter 11
case.
Wynn and Associates, the former firm of Michael Wynn, Esq., an
attorney at Stichter, Riedel, Blain & Postler, received the
aggregate sum of $6,000 on account of prepetition services and as a
retainer for postpetition services.
Mr. Wynn 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:
Michael A. Wynn, Esq.
Stichter, Riedel, Blain & Postler PA
430 West 5th Street, Suite 400
Panama City, FL 32401
Telephone: (850) 303-7800
Email: Mwynn@srbp.com
About Can't Cook Right
Can't Cook Right, LLC, doing business as Katie's Kafe, filed its
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bankr. N.D. Fla. Case No. 25-50074) on April 21, 2025. In the
petition signed by James Pettis, sole member and manager, the
Debtor disclosed under $1 million in both assets and liabilities.
Michael A. Wynn, Esq., at Stichter, Riedel, Blain & Postler PA
serves as the Debtor's counsel.
CAN'T COOK: Seeks to Tap Stichter Riedel Blain & Postler as Counsel
-------------------------------------------------------------------
Can't Cook Right Too, LLC, doing business as Crescent City Cafe,
seeks approval from the U.S. Bankruptcy Court for the Northern
District of Florida to employ Stichter, Riedel, Blain & Postler, PA
as counsel.
The firm will render these services:
(a) render legal advice with respect to the Debtor's powers
and duties and the continued management of its property;
(b) prepare on behalf of the Debtor necessary legal papers;
(c) appear before this court and the United States Trustee to
represent and protect the interests of the Debtor;
(d) assist with and participate in negotiations with creditors
and other parties in interest in formulating a plan of
reorganization, drafting such a plan, and taking necessary legal
steps to confirm such a plan;
(e) represent the Debtor in all adversary proceedings,
contested matters, and matters involving administration of this
case;
(f) represent the Debtor in negotiations with potential
financing contracts, security sources, and prepare instruments, and
other documents necessary to obtain financing; and
(g) perform all other legal services that may be necessary for
the proper preservation and administration of this Chapter 11
case.
Wynn and Associates, the former firm of Michael Wynn, Esq., an
attorney at Stichter, Riedel, Blain & Postler, received the
aggregate sum of $6,000 on account of prepetition services and as a
retainer for postpetition services.
Mr. Wynn 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:
Michael A. Wynn, Esq.
Stichter, Riedel, Blain & Postler PA
430 West 5th Street, Suite 400
Panama City, FL 32401
Telephone: (850) 303-7800
Email: Mwynn@srbp.com
About Can't Cook Right Too
Can't Cook Right, LLC, doing business as Crescent City Cafe, filed
its voluntary petition for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-50075) on April 21,
2025. In the petition signed by James Pettis, sole member and
manager, the Debtor disclosed under $1 million in both assets and
liabilities.
Michael A. Wynn, Esq., at Stichter, Riedel, Blain & Postler PA
serves as the Debtor's counsel.
CARE NEW: Fitch Hikes Issuer Default Rating to 'BB', Outlook Stable
-------------------------------------------------------------------
Fitch Ratings has upgraded the long-term rating on the following
series of bonds issued by or on behalf of Care New England (CNE) to
'BB' from 'BB-'.
- $101.5 million Rhode Island Health and Educational Building
Corporation hospital financing revenue bonds series 2016B (CNE);
- $21.6 million CNE taxable series 2016C.
Fitch has also upgraded Care New England's Issuer Default Rating
(IDR) to 'BB' from 'BB-'.
The Rating Outlook is Stable.
Entity/Debt Rating Prior
----------- ------ -----
Care New England (RI) LT IDR BB Upgrade BB-
Care New England (RI)
/General Revenues/1 LT LT BB Upgrade BB-
The upgrade and Stable Outlook reflect improvements in operations
and cash flow, primarily driven by a comprehensive set of
turnaround initiatives implemented in FY23. These initiatives
focused strategically on enhancing revenue growth, optimizing
revenue cycle management and controlling cost. Additionally,
efforts to stimulate volume growth through clinical service
expansions have contributed positively to the organization's
financial performance.
Management's proactive approach in recognizing the value and impact
of these initiatives is evident through their ongoing monitoring
and evaluation with operational teams. It is Fitch's opinion that
the initiatives, along with strategic capital projects will
continue to drive incremental improvement, reinforcing the
organization's financial stability and supporting the rating
upgrade.
The rating is also supported by the market strength of Women and
Infants Hospital (WIH), which captures 81% of all deliveries in
Rhode Island and continues to work with Brown University with CNE's
facilities serving as teaching hospitals for the Warren Alpert
Medical School.
SECURITY
The bonds are secured by a pledge of gross revenues, a mortgage
interest in certain hospital facilities and the debt service
reserve fund.
KEY RATING DRIVERS
Revenue Defensibility - 'bbb'
Second Largest Market Share; Strength in Core Clinical Lines
CNE has approximately 29% of its gross payor mix composed of
Medicaid and self-pay patients and another 32% from Medicare.
However, much of the Medicaid volume originates from pediatric and
neo-natal services at WIH. CNE has 80 Neonatal Intensive Care Unit
beds, 136 bassinets, and delivers over 9,000 babies a year,
approximately a quarter of which are high risk pregnancies.
Neo-natal specialty services are reimbursed at a higher rate by
Medicaid than general adult services.
CNE's overall market share in the greater Providence area is
approximately 28.6%, which is the second leading market share
behind Brown Health's (formerly LifeSpan) almost 45.5% share. CNE
has a teaching affiliation with Brown University. In 2022, CNE
signed an agreement to align their research operations with Brown's
Division of Biology and Medicine, which includes the Warren Alpert
Medical School and the Brown University School of Public Health.
The agreement will help CNE compete for larger funding
opportunities.
The PSA consists of the city of Providence and five other local
communities surrounding the hospital. Population growth in the PSA
and the state has been weak compared to national levels over the
past five years. Fitch expects the service area to continue to have
population growth and median household levels that lag national
levels.
Operating Risk - 'b'
Stabilized Operations with Improvement Expected
CNE has improved profitability, with the operating EBITDA margin
increasing significantly from 0.3% in fiscal 2022 to 3.3% through
the first three months of fiscal 2025 (as of Dec. 31, 2024), which
is consistent with FYE 2024 performance.
The improvement results from initiatives targeting revenue cycle
and labor costs, along with improved clinical documentation,
reductions in length of stay, incremental revenue rate improvements
and revenue supply chain optimization. Volume growth in higher-
margin services also contributed to better performance.
The fiscal 2025 budget incorporates a 3.5% operating EBITDA
margins, reflecting the expectation for continued improvement in
performance. Fitch believes that operations will continue to
demonstrate incremental improvement given the current momentum and
continued deployment of management's strategic initiatives.
Moreover, management reports that the second half of the fiscal
year is typically stronger, which should drive higher operating
income.
CNE's average age of plant is very elevated at 24.3 years, with
capital spending over the last five years averaging below
deprecation at 65% except for FY 2024, when CNE spent 180% of
depreciation. The low levels of capital spending have historically
been a concern for several reasons, however Fitch notes that CNE
has successfully completed a couple of key projects over the last
two years, which have had positive impact on volumes, including a
new medical surgical unit at WIH, which opened in October 2023, and
the construction of a new Labor and Delivery Unit (L&D) at WIH,
opened March 2025. 100% of the L&D project cost was funded through
philanthropy.
Other significant capital projects include a contract with EPIC to
expand the use of EPIC EHR from CNE's historical use for outpatient
services to an enterprise wide- contract for both inpatient and
outpatient services. The project is expected to go live Oct. 1,
2025, and cost $60 million to be spent over a five-year period. The
project will be funded through CNE's operating cash flow.
Management will also be focused on its outpatient strategy in 2025.
Over the five- year forward look management expects to fund capital
between 120%-130% of depreciation.
Financial Profile - 'bb'
Modest Financial Profile
CNE's financial profile continues to improve. CNE's unrestricted
reserves balance was $245 million as of Sept. 30, 2024, or 64 days
cash on hand. Its unrestricted reserves compared with debt, as
measured by cash-to-adjusted debt was a healthier 114% and is up
notably from FY 2023 YE when unrestricted reserves totaled $172.1
million, or a weak 49 days cash on hand and 76% of long-term debt.
The increase in liquidity, reflects decreased receivables and
stronger cashflow. Additionally, an increase in current
liabilities, particularly accounts payable, has temporarily
bolstered CNE liquidity at year end. Through the first quarter of
FY 2025 ended Dec. 31, 2025, unrestricted reserves totaled $150
million. The decrease is due to funding of employee benefits
including, retirement and workers compensation accounts, as well
has vendor payments, with accounts payable decreasing by $53.4
million. Management reports cash has grown measurably through April
2025.
Fitch expects CNE will continue to post improved cash flow over the
longer-term as result of management's efficiency efforts which
should result in steady, albeit modest, improvement to the
financial profile. CNE's investment allocation is relatively
conservative with an even split, with about half invested in cash
and fixed income and the other half in equities. Fitch views
maintenance of liquidity as key to rating stability.
The base case of Fitch's forward look reflects the expectation CNE
will continue to generate incremental improvement in operating
performance which should result in improving balance sheet
resources relative to adjusted debt, especially with capital
spending expected to remain equal to or below depreciation.
In Fitch's stress case, CNE's cash-to-adjusted debt shows an
improvement to above 100% by FYE 2029. Despite this improvement,
the financial profile and ultimate rating remain constrained by the
organization's weak liquidity as days cash on hand (DCOH) remains
below 75 for nearly all of the base case and throughout the stress
case.
Asymmetric Additional Risk Considerations
No additional asymmetric risk considerations are relevant to the
rating.
CNE's master trust indenture covenants include a liquidity covenant
of 30 DCOH and debt service coverage (DSC) of 1.1x. at FYE. As of
March 31, 2024, CNE had 48 DCOH and 3.1x DSC.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to sustain improved operating performance with operating
EBITDA margins dropping consistently below 3%;
- Balance sheet dilution, such that cash-to-adjusted debt drops
below current levels.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- CNE would need to significantly improve its unrestricted cash
reserves to levels that result in sustained cash-to-adjusted debt
above 100% and/or improve its operating EBITDA levels consistently
above 5% to be considered for a higher rating level.
PROFILE
Headquartered in Providence, RI, CNE consists of WIH (243 beds),
Butler Hospital (psychiatric hospital, 143 beds), Kent Hospital
(359 beds), The Providence Center (outpatient behavioral health),
Kent County Visiting Nurses Association (VNA) and the Integra
Community Care Network, an accountable care organization. In 2017,
the 294-bed Memorial Hospital was closed except for a small
ambulatory clinic and removed from the obligated group. The system
employs approximately 300 physicians. CNE had operating revenues of
$1.5 billion in in fiscal 2024. Fitch's analysis and financial
ratios are based on consolidated financial statements. The
Obligated Group accounts for approximately 91% of the consolidated
operating revenues of CNE and approximately 99% of the consolidated
assets of CNE.
Sources of Information
In addition to the sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
data from Lumesis.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
CAREPOINT HEALTH: Court Okays $20MM Interim DIP Funding
-------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that on
Wednesday, May 7, 2025, a Delaware bankruptcy judge granted
CarePoint Health Systems Inc.'s request for $20.5 million in
funding through a sixth extension of its interim
debtor-in-possession financing.
About CarePoint Health
CarePoint Health brings quality, patient-focused health care to
Hudson County. Combining the resources of three area hospitals,
Bayonne Medical Center, Christ Hospital in Jersey City, and Hoboken
University Medical Center, CarePoint Health provides a new approach
to deliver health care that puts the patient front and center.
CarePoint Health leverages a network of top doctors, nurses, and
other medical professionals whose expertise and attentiveness work
together to provide complete coordination of care, from the
doctor's office to the hospital to the home. Patients benefit from
the expertise and capabilities of a broad network of leading
specialists and specialized technology. At CarePoint Health, all
medical professionals emphasize preventive medicine and focus on
educating patients to make healthy life choices. For more
information on its facilities, partners and services, visit
www.carepointhealth.org.
CarePoint Health Systems Inc., doing business as Just Health
Foundation, and its affiliates filed voluntary petitions for relief
under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. D.
Del. Lead Case No. 24-12534) on Nov. 3, 2024, with up to $1 million
in assets and up to $50,000 in liabilities.
Judge J. Kate Stickles oversees the cases.
The Debtors tapped Dilworth Paxson LLP as legal counsel, Ankura
Consulting as financial advisor, and Epiq Corporate Restructuring,
LLC as claims and noticing agent and administrative advisor.
CATHETER PRECISION: Forms Cardionomix, Eyes $1.5-Mil. Asset Buy
---------------------------------------------------------------
Catheter Precision, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that in February 2025,
the Company formed its subsidiary Cardionomix, Inc., a Nevada
Corporation, in order to pursue the possible acquisition of certain
assets of Cardionomic, Inc., a Delaware corporation, which has
ceased operations.
Catheter said, "We issued 82% of the common stock of Cardionomix to
the Company, 5% to David Jenkins, our Chief Executive Officer and
Executive Chairman of the Board, 7% to FatBoy Capital L.P., an
entity controlled by Mr. Jenkins, and 6% to certain business
associates of Mr. Jenkins. These minority interests were issued to
compensate these persons for bringing this business opportunity to
the Company."
The Company and Cardionomix are currently negotiating an asset
purchase agreement with Cardionomic (assignment for the benefit of
creditors), LLC, a California limited liability company, in its
sole and limited capacity as assignee for the benefit of creditors
of Cardionomic, Inc., a Delaware corporation, pursuant to which
Cardionomix would purchase assets related to the Assignor's
late-stage treatment in development for acute decompensated heart
failure, consisting of patents and trademarks related to the
Assignor's Cardiac Pulmonary Nerve Simulation (CNPS) System. In
the Agreement as currently proposed, the Seller would represent
that Assignor had previously transferred ownership of all of its
right, title and interest in and to all of its tangible and
intangible assets, including the Purchased Assets, to Seller, and,
in so doing, also designated Seller to act, pursuant to California
law, as the assignee for the benefit of creditors of Assignor.
The proposed Agreement provides that at closing of the transaction,
the Purchased Assets will be acquired by Cardionomix on an "AS IS"
and "WHERE IS" basis, with limited representations from the Seller,
in exchange for the issuance by the Company of 1,000,000 restricted
shares of the Company's common stock, $0.0001 par value per share
and the issuance by Cardionomix of a promissory note in the amount
of $1.5 million, with simple interest accruing at 4% per annum on
the principal thereof and no interest or principal payable until
the maturity date of the Note, which will be three years following
issuance of the Note.
Following the closing of the proposed acquisition, should it occur,
Cardionomix would have no significant assets other than the
Purchased Assets. Accordingly, it would need to raise substantial
funds in order to develop the Purchased Assets.
"We have begun discussions with potential investors, but there can
be no guarantee that we will be able to raise sufficient funds for
this purpose on a timely basis or at all."
Any such financing is likely to entail the issuance of additional
securities by Cardionomix to such investors, which securities would
also be likely to provide certain corporate governance rights. Such
an issuance is expected to reduce the Company's ownership interest
in Cardionomix, although it is expected that Cardionomix would
remain a majority owned consolidated entity. The Company does not
intend to pursue this financing unless and until it acquires the
Purchased Assets.
"We currently hope to sign and close this transaction in the first
half of the second quarter of 2025, but we do not have a signed
agreement with the Assignor and there can be no guarantee that we
will do so in this time frame or at all," the Company concluded.
About Catheter Precision Inc.
Headquartered in the U.S., Catheter Precision, Inc. is a medical
device company focused on improving the treatment of cardiac
arrhythmias. The Company, which was reincorporated as Ra Medical
Systems, Inc. in Delaware in 2018 and changed its name to Catheter
Precision, Inc. on August 17, 2023, develops technology for
electrophysiology procedures through collaborations with physicians
and continuous product advancements.
As of Dec. 31, 2024, the Company had $27.8 million in total assets,
$16 million in total liabilities, and a total stockholders' equity
of $11.8 million.
East Brunswick, New Jersey-based WithumSmith+Brown, PC., the
Company's auditor since 2023, issued a "going concern"
qualification in its report dated Mar. 28, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company has incurred recurring losses from
operations and negative cash flows from operations and expects to
continue to incur operating losses that raise substantial doubt
about its ability to continue as a going concern.
CELSIUS NETWORK: Court Rejects Data Breach Lawsuit Dismissal Bid
----------------------------------------------------------------
Ufonobong Umanah of Bloomberg Law reports that Cloudflare will face
a lawsuit filed by Celsius Network's debtors after a federal
bankruptcy judge denied its motion to dismiss.
The debtors argue that Cloudflare failed to address a security
vulnerability in time, leading to a cyberattack on BadgerDAO's
systems in November 2021 that caused Celsius to lose over $50
million in assets.
The judge found that the complaint adequately claims Cloudflare was
responsible for safeguarding BadgerDAO and that its alleged
negligence played a role in the financial losses.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred January 31, 2024.
CELSIUS NETWORK: Mashinsky Sentenced to 12 Yrs for Crypto Fraud
---------------------------------------------------------------
Chris Dolmetsch of Bloomberg News reports that Alex Mashinsky, the
founder of Celsius Network, was sentenced to 12 years in prison for
defrauding hundreds of thousands of customers who were misled by
the company’s promises of high returns on digital asset
deposits.
The 59-year-old former CEO, who pleaded guilty in December,
received his sentence on Thursday, May 8, 2025, from U.S. District
Judge John Koeltl in Manhattan. Prosecutors had pushed for a
20-year term, labeling him "unrepentant," according to Bloomberg
News.
Celsius' collapse was one of several major failures during the 2022
"crypto winter," which wiped out billions in cryptocurrency market
value, the report states.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred January 31, 2024.
CFN ENTERPRISES: Reports $4.3 Million Net Loss for 2024
-------------------------------------------------------
CFN Enterprises Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$4,289,362 on $20,216,634 of net revenue for the year ended
December 31, 2024, compared to a net loss of $15,186,762 on
$3,537,632 of net revenue for the year ended December 31, 2023.
CFN Enterprises said, "We have not generated sufficient revenues
from our operations to fund our activities and are therefore
dependent upon external sources for financing our operations. There
is a risk that we will be unable to obtain the necessary financing
to continue our operations on terms acceptable to us or at all. As
a result, our independent registered public accounting firm has
expressed in its auditors' report on the consolidated financial
statements for December 31, 2024, a substantial doubt regarding our
ability to continue as a going concern."
Los Angeles, Calif.-based RBSM 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 losses from operations and will require
additional capital to continue as a going concern. This raises
substantial doubt about the Company's ability to continue as a
going concern.
"This going concern opinion could materially limit our ability to
raise additional funds through the issuance of equity or debt
securities or otherwise. Future reports on our financial statements
may include an explanatory paragraph with respect to our ability to
continue as a going concern. If we cannot continue as a going
concern, our stockholders may lose their entire investment in the
common stock.
"As of December 31, 2024, we had $373,834 in unrestricted cash and
$7,630,295 in notes payable.
"The Company had a working capital deficit of $19,240,445 and an
accumulated deficit of $78,952,223 as of December 31, 2024. The
Company also had a net loss of $4,289,362 for the year ended
December 31, 2024.
"Management's plan to continue as a going concern includes raising
capital in the form of debt or equity, growing its existing
business acquired under the Ranco Agreement, managing and reducing
operating and overhead costs and continuing to pursue strategic
transactions and opportunities including launching an e-commerce
network focused on the sale of general wellness CBD, products," the
Company concluded.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/3h4kjbek
About CFN Enterprises Inc.
CFN Enterprises Inc owns and operates as a media agency. The
Company offers creative and media network solutions for cannabis
industry. CFN Enterprises serves customers in the United States.
As of Dec. 31, 2024, the Company had $8,672,137 in total assets,
$26,502,338 in total liabilities, and a total stockholders' deficit
of $17,830,201.
CHEFS' WAREHOUSE: S&P Affirms 'B+' ICR on Reduced Leverage
----------------------------------------------------------
S&P Global Ratings affirmed its 'B+' issuer credit rating on
U.S.-based foodservice distributor Chefs' Warehouse Inc. and its
'BB-' issue-level rating on its senior secured term loan. The '2'
recovery rating indicates its expectation for substantial (70%-90%;
rounded estimate: 80%) recovery in the event of a default.
S&P said, "The stable outlook reflects our expectation that the
company will continue to increase its EBITDA base by expanding its
presence in key growth markets while maintaining S&P Global
Ratings-adjusted leverage in the mid-3x area.
"We expect Chefs' operating performance trends to remain stable in
2025, driven by good strategic execution. Chefs' S&P Global
Ratings-adjusted EBITDA grew about 13.9% on a trailing-12-month
basis in the first quarter of 2024 to $259 million, with revenue
growth of about 8%. Performance was driven by 10.7% growth in
specialty sales and total net inflation impact of 5.2% with greater
leveraging of operating expenses in the quarter. We forecast
revenue growth will moderate this year to about 6%.
"We expect the company's focus on integrating previous acquisitions
and improving operational efficiencies such as route consolidation
and technology enhancements this year will support earnings growth.
Specifically, we forecast its S&P Global Ratings-adjusted EBITDA
margin will improve to 6.7% in 2025 with S&P Global
Ratings-adjusted EBITDA generation of $269 million compared with
6.5% and $248 million in 2024. However, larger operators in the
industry have greater economies of scale, wider distribution
networks, and better route density than Chefs', leading to greater
EBITDA and FOCF generation.
"We believe Chefs' exposure to tariffs is relatively limited given
that its product sourcing is largely domestic. In our view, any
potential impacts of tariffs will be passed to customers similar to
inflation. Chefs' higher-end restaurant customers serve a more
economically resilient customer base, and demand trends
year-to-date have been relatively consistent. Still, Chefs'
operating performance is susceptible to changes in
food-away-from-home consumption and, given its customer focus on
restaurants and fine dining establishments, we believe it could
experience volume pressures if economic conditions continue to
deteriorate. Additionally, despite good performance trends, Chefs'
limited size and scale still meaningfully lags higher rated peers,
resulting in lower levels of EBITDA and FOCF generation. As a
result, we apply a negative comparable rating modifier to the
rating.
"We expect Chefs' will sustain S&P Global Ratings-adjusted leverage
below 4x. Its S&P Global Ratings-adjusted leverage improved to 3.5x
as of March 28, 2025, down from 4.1x in the prior year, driven by
EBITDA growth and modest debt reduction. The company maintains a
2x-3x company-defined net leverage target and reported net leverage
of 2.4x as of the end of the first quarter of 2025. The company
aggressively pursued debt-funded acquisitions in 2022 and 2023,
resulting in higher leverage and greater working capital needs, but
it has since shifted its focus to primarily focus on integration
and improving operational efficiency. We expect mergers and
acquisitions to remain a component of Chefs' capital allocation
strategy but anticipate deals will be smaller tuck-in opportunities
that could strengthen the company's product offering or bolster its
market presence. We believe modest debt reduction combined with
EBITDA growth will result in S&P Global Ratings-adjusted leverage
of about 3.4x at the end of 2025. We expect it to maintain S&P
Global Ratings-adjusted leverage of 3x-4x and, as a result, we
revised our financial risk profile to significant from aggressive.
"We anticipate Chefs' will deploy cash toward share repurchases and
modest debt reduction. We forecast Chefs' will generate FOCF of
roughly $90 million in 2025. The company generated about $104
million of FOCF in 2024, supported by a working capital benefit and
lower capital expenditure (capex). Our base case forecasts working
capital outflows and about $50 million of capex in 2025. The
company's capital spending in 2025 will support growth investments
to drive further capacity expansion and enhance its digital
infrastructure. We anticipate Chefs' will maintain capex levels
within its target of roughly 1% of total sales over the next few
years as it prioritizes its focus on improving its return on
invested capital. We expect Chefs' will deploy free cash flow
toward share purchases and modest debt repayment. Given the
company's opportunistic approach to acquisitions, it could adjust
its share buybacks and debt reduction depending on available
opportunities. The company has adequate liquidity consisting of
about $117 million in cash and $162 million available under its
asset-based lending (ABL) facility as of March 28, 2025.
"The stable outlook reflects our expectation that Chefs' modest
EBITDA margin expansion over the next 12 months, coupled with its
steady capex, will support positive FOCF generation and leverage in
the mid-3x area."
S&P could lower its ratings on Chefs' if:
-- Its operating performance becomes pressured, possibly due to a
weaker economic environment that leads to reduced restaurant
spending, heightened competition, or integration challenges,
resulting in weaker earnings and FOCF generation; or
-- It pursues significant debt-funded acquisitions or shareholder
returns that cause credit metrics to erode, including S&P Global
Ratings-adjusted leverage approaching 5x, which would signal a
shift to a more aggressive financial policy.
Although unlikely over the next 12 months, S&P could raise its
ratings on Chefs' Warehouse if:
-- It expands its operating scale and diversity, leading to higher
sales, profitability, and FOCF; and
-- It maintains S&P Global Ratings-adjusted leverage at 3.5x or
below on a sustained basis.
CM CUSTOM: Section 341(a) Meeting of Creditors on June 10
---------------------------------------------------------
On May 2, 2025, CM Custom Siding LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Eastern District of Arkansas.
According to court filing, the Debtor reports between $100,000
and $500,000 in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on June 10,
2025 at 02:00 PM.
About CM Custom Siding LLC
CM Custom Siding LLC is a construction company based in Traskwood,
Arkansas.
CM Custom Siding LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-11515) on May 2,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Bianca M. Rucker handles the case.
The Debtor is represented by Vanessa Cash Adams, Esq. at Ar Law
Partners, PLLC.
CNX RESOURCES: Fitch Affirms 'BB+' LongTerm IDR, Outlook Stable
---------------------------------------------------------------
Fitch Ratings has affirmed CNX Resources Corporation's (CNX)
Long-Term Issuer Default Rating (IDR) at 'BB+'. Fitch also affirmed
the rating of the revolving credit facility at 'BBB-' with a
Recovery Rating of 'RR1' and the senior unsecured notes at
'BB+'/'RR4'. The Rating Outlook is Stable.
CNX rating reflects its material generation of FCF, Fitch's
expectation that this trend will continue over the forecast horizon
alongside debt reduction efforts, a robust hedging program, a lack
of near-term maturities, and material liquidity.
Key Rating Drivers
Material FCF Generation: CNX's ability to consistently generate
positive FCF is supportive to its credit quality. FCF is driven by
the company's low-cost operating structure, reduced finding and
development costs, strong hedging program that locks in future
revenues, and modest production growth. CNX's strong hedging
program increases certainty in projected cash flow despite the
volatility of natural gas prices. Fitch anticipates continued
positive FCF, which will be applied primarily to stock buybacks
over the forecast horizon.
Robust Hedging Program: Fitch views CNX's hedging strategy as a
credit positive. The company has one of the strongest hedging
positions in the industry. About 85% of CNX's expected 2025 gas
production is hedged at an average of $2.58 per thousand cubic feet
(mcf), and 75% of expected 2026 gas production is hedged at an
average of $2.67/mcf. CNX attempts to match NYMEX and basis hedges
for the next 12 months of production. The company maintains a
material portion of hedges through 2028 at prices above $3.25/mcf
as older legacy hedges roll off.
Fitch believes CNX has a thoughtful hedging program that locks in
expected returns and reduces cash flow volatility, while extensive
basis hedging protects from potential disruptions in the
Appalachian Basin. CNX's hedge program, combined with a low-cost
structure, allows for capital allocation flexibility for its future
development program.
Production Scale and Inventory: Fitch believes scale is important
as it can reduce operating and capital costs per unit and provides
ability to enhance liquidity. CNX is significantly smaller in terms
of production than other 'BB'-rated issuers, such as Ascent
Resources Utica Holdings, LLC (BB-/Positive). CNX's low-cost
position and focus on in-basin sales of gas are offset by a robust
basis hedging strategy. However, this allows the company to avoid
costly long-term transportation and gathering costs.
Single Basin Risk: CNX's operations are primarily in Appalachia,
which exposes the company to significant basis risk due to takeaway
constraints, although differentials improved as new pipeline
capacity was installed. CNX resisted signing into long-term,
takeaway contracts to avoid entering firm transportation
commitments that could have resulted in expensive long-term
obligations. Instead, the company used hedges to mitigate pricing
risk.
Peer Analysis
CNX's production profile of 1.5 billion cubic feet equivalent per
day (bcfed) in 2024 is below that of Appalachian peers, such as
Antero Resources Corporation (BBB-/Stable) at 3.4 bcfed, Ascent
Resources Utica Holdings, LLC (BB-/Positive) at 2.2 bcfed, Expand
Energy Company (BBB-/Stable) at 3.8 bcfed, and EQT Corporation
(BBB-/Stable) at 6.1 bcfed. CNX's Fitch-calculated unit production
expenses are $1.10 per thousand cubic feet of natural gas
equivalent (mcfe) for 2024, which is well below peers except EQT at
$1.07/mcfe. The remaining peers range from $1.40/mcfe at Expand to
$2.55/mcfe for Antero.
Midcycle leverage in the 1.5x area is in line with 'BB'
category-rated peers. Fitch-calculated unhedged cash netback margin
of 36%, as of YE 2024, was towards the high end of the range, with
Antero at 20%, Ascent 28%, Expand at 29%, and EQT at 42%.
CNX hedges about 85% of expected 2025 production compared with
Expand at 53%, Ascent at 85% and EQT 53%. CNX attempts to match its
NYMEX hedge with basis hedges, which provides significantly more
price protection than peers. Fitch believes a strong hedge program
is important given the volatility of natural gas prices. CNX's
low-cost position and consistent hedging allows for strong stress
case performance relative to peers.
Key Assumptions
- Floating rate debt using the three-month SOFR forward curve;
- Henry Hub natural gas prices of $3.25/mcf in 2025, $3.00/mcf in
2026, $3.00 and $2.75/mcf thereafter;
- West Texas Intermediate oil prices of $60/bbl in 2025, $60/bbl in
2026 and 2027, and $57/bbl thereafter;
- Production increasing by around 11% in 2025, growth flat to
mid-single digit thereafter;
- Capex $500 million annually throughout the forecast period;
- Convertible notes repaid in 2026;
- FCF used for share repurchases.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Inability to replace reserves or a material reduction in net
production;
- Mid-cycle EBITDA leverage above 2.5x;
- Material reduction in FCF or reduced credit metrics from
weakening of unit cost profile or allocation of FCF to
shareholder-friendly actions;
- Deviation from stated financial policy, including a material
reduction in hedging.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Production scale approaching 2.5bcfed or proved reserves
approaching 20 trillion cubic feet (tcfe);
- An increase in diversification of upstream operations;
- Mid-cycle EBITDA leverage approaching 1.5x.
Liquidity and Debt Structure
CNX has $443,000 of consolidated cash on hand and $1.33 billion of
borrowing capacity on its revolver as of YE 2024, after
consideration for LOC. Borrowing base and revolver commitments were
$2.25 billion and $1.4 billion, respectively, as of YE 2024, and
maturity is in May 2029. The RCF includes a springing maturity at
any point after Jan. 30, 2026, if availability under the RCF, minus
the aggregate principal amount of any and all such outstanding
convertible notes is less than 20% of the aggregate commitments
under the RCF. There is also a maximum net leverage ratio of no
greater than 3.5/1.0, which is based on net debt. CNX must also
maintain a minimum current ratio of no less than 1.0/1.0.
CNX Midstream Partners LP has its own RCF not guaranteed by CNX.
The facility has $600 million in commitments and had $16.1 million
of borrowings outstanding, leaving availability at $583.9 million
after consideration for LOC, as of YE 2029.
Fitch considers CNX's maturity schedule manageable, with the next
major maturity being the senior unsecured convertible notes in
2026. Fitch believes near-term liquidity should be sufficient,
given the ability to generate material FCF, which benefits from a
high degree of certainty through the hedge program and low-cost
structure.
Issuer Profile
CNX is an independent oil and gas company focused on the
exploration, development, production, gathering, processing and
acquisition of natural gas properties primarily in the Appalachian
Basin. It focuses on unconventional shale formations, primarily in
the Marcellus and Utica shales.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
CNX Resources
Corporation LT IDR BB+ Affirmed BB+
senior secured LT BBB- Affirmed RR1 BBB-
senior unsecured LT BB+ Affirmed RR4 BB+
COSMOS GROUP: Swings to $4.7 Million Net Income in 2024
-------------------------------------------------------
Cosmos Group Holdings Inc. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting net
income of $4,692,389 on $6,408 of net revenues for the year ended
December 31, 2024, compared to a net loss of $77,330,993 with $nil
net revenue for the year ended December 31, 2023.
Lagos, Nigeria-based Lateef Awojobi - Lao Professionals, the
Company's auditor since 2025, issued a "going concern"
qualification in its report dated Apr. 15, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company suffered an accumulated deficit of
$(200,755,594). These matters raise substantial doubt about the
Company's ability to continue as a going concern.
Cosmos Group said, "Our continuation as a going concern is
dependent upon improving our profitability and the continuing
financial support from our stockholders. Our sources of capital in
the past have included the sale of equity securities, which include
common stock sold in private transactions and public offerings,
lease liability and short-term and long-term debts. We believe that
our current cash and other sources of liquidity are adequate to
support general operations for at least the next 12 months.
"We require additional funding to meet its ongoing obligations and
to fund anticipated operating losses. Our auditor has expressed
substantial doubt about our ability to continue as a going concern.
Our ability to continue as a going concern is dependent on raising
capital to fund its initial business plan and ultimately to attain
profitable operations. These consolidated financial statements do
not include any adjustments to reflect the possible future effects
on the recoverability and classification of assets and liabilities
that may result in the Company not being able to continue as a
going concern.
"We expect to incur marketing and professional and administrative
expenses as well expenses associated with maintaining our filings
with the Commission. We will require additional funds during this
time and will seek to raise the necessary additional capital. If we
are unable to obtain additional financing, we may be required to
reduce the scope of our business development activities, which
could harm our business plans, financial condition and operating
results. Additional funding may not be available on favorable
terms, if at all. We intend to continue to fund its business by way
of equity or debt financing and advances from related parties. Any
inability to raise capital as needed would have a material adverse
effect on our business, financial condition and results of
operations.
"If we cannot raise additional funds, we will have to cease
business operations. As a result, our common stock investors might
lose all of their investment," the Company concluded.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/3cyfn57d
About Cosmos Group
Cosmos Group Holdings Inc. is a Nevada holding company with
operations conducted through its subsidiaries based in Singapore
and Hong Kong. The Company, through its subsidiaries, is engaged in
two business segments: (i) the physical arts and collectibles
business, and (ii) the financing/money lending business.
As of Dec. 31, 2024, the Company had $43,344 in total assets,
$41,272,390 in total liabilities, and a total stockholders' deficit
of $41,229,046.
COSMOS HEALTH: Reports $16.2 Million Net Loss for 2024
------------------------------------------------------
Cosmos Health, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting that for the
year ended period December 31, 2024, the Company had revenue of
$54,426,402, net loss of $16,183,018 and net cash used in
operations of $7,717,034. Additionally, as of December 31, 2024,
the Company had negative working capital of $296,193, an
accumulated deficit of $114,022,275, and stockholders' equity of
$24,532,929.
New York, N.Y.-based RBSM 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
incurred substantial operating losses and will require additional
capital to continue as a going concern. This raises substantial
doubt about the Company's ability to continue as a going concern.
The Company's revenues are not able to sustain its operations, and
concerns exist regarding the Company's ability to meet its
obligations as they become due. The Company is subject to a number
of risks to those of smaller commercial companies, including
dependence on key individuals and products, the difficulties
inherent in the development of a commercial market, the need to
obtain additional capital, competition from larger companies, and
other pharmaceutical and health care companies.
Management evaluated the conditions which raise substantial doubt
about the Company's ability to continue as a going concern to
determine if it can meet its obligations for the subsequent 12
months from the date of this filing. Management considered its
ability to access future capital, curtail expenses if needed,
expand product lines, and acquire new products.
Management's plans include expansion of brand name products to the
market, expanding the current product portfolio, and evaluating
acquisition targets to expand distribution. The exclusive
distribution agreement signed for its Sky Premium Life products in
the United Arab Emirates and the significant orders already
received, are expected to substantially strengthen its operating
cash flow. Furthermore, the Company intends to vertically integrate
the supply chain distribution network. On top of that, the Company
plans to access the capital markets further in order to raise
additional funds through equity offerings. More specifically,
commencing from August 2025, the Company will be eligible to
utilize an S-3 registration statement, (12 months following the
date that the Company had regained compliance with Listing Rule
5250(c)(1)), to be in a position to raise equity capital more
efficiently in conjunction with utilizing potential equity proceeds
by its outstanding warrants. Management's plans also include
postponing certain debt repayments, through achieving favorable
amendments to its debt facilities and in parallel intends to make
substantial efforts to receive additional debt financing. Moreover,
the Company's management is considering of postponing certain
repayments of suppliers and creditors. However, management cannot
provide any assurances that the Company will be successful in
accomplishing any of its plans. The ability of the Company to
continue as a going concern is dependent upon its ability to
successfully accomplish the plans and eventually secure other
sources of financing and attain profitable operations.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/m5jecrj2
About Cosmos Health
Cosmos Health Inc. (Nasdaq: COSM), incorporated in 2009 in Nevada,
is a diversified, vertically integrated global healthcare group.
The Company owns a portfolio of proprietary pharmaceutical and
nutraceutical brands, including Sky Premium Life, Mediterranation,
bio-bebe, and C-Sept. Through its subsidiary, Cana Laboratories
S.A., which is licensed under European Good Manufacturing Practices
(GMP) and certified by the European Medicines Agency, it
manufactures pharmaceuticals, food supplements, cosmetics,
biocides, and medical devices within the European Union.
Cosmos Health also distributes a broad line of pharmaceuticals and
parapharmaceuticals, including branded generics and OTC
medications, to retail pharmacies and wholesale distributors
through its subsidiaries in Greece and the UK. Furthermore, the
Company has established R&D partnerships targeting major health
disorders such as obesity, diabetes, and cancer, enhanced by
artificial intelligence drug repurposing technologies. It focuses
on the R&D of novel patented nutraceuticals, specialized root
extracts, proprietary complex generics, and innovative OTC
products. Additionally, Cosmos Health has entered the telehealth
space through the acquisition of ZipDoctor, Inc., based in Texas,
USA. With a global distribution platform, the Company is currently
expanding throughout Europe, Asia, and North America, with offices
and distribution centers in Thessaloniki and Athens, Greece, and in
Harlow, UK.
As of Dec. 31, 2024, the Company had $54,311,892 in total assets,
$29,778,963 in total liabilities, and a total stockholders' equity
of $24,532,929.
CTF CHICAGO: Court Extends Cash Collateral Access to May 31
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division extended CTF Chicago, Inc.'s authority to use cash
collateral from May 1 to May 31.
The eighth interim order authorized CTF Chicago to use the cash
collateral of Wintrust Bank, a pre-bankruptcy secured lender, to
pay the expenses set forth in its budget.
The budget shows projected expenses of $128,336 for the interim
period.
Wintrust Bank holds a senior lien on the company's assets valued at
$781,571.93, with a subordinate lien by the U.S. Small Business
Administration.
As protection, Wintrust Bank was granted a replacement lien on
substantially all of the company's assets, including cash
collateral equivalents, cash and accounts receivable, to the same
extent and with the same validity as its pre-bankruptcy lien.
In addition, Wintrust Bank was granted an administrative expense
claim under Section 507(b) of the Bankruptcy Code, subordinate only
to the administrative claim of the Subchapter V trustee.
The next hearing is scheduled for May 28.
About CTF Chicago
CTF Chicago, Inc. operates within a framework that requires
substantial capital and resources. The company is structured to
provide specific services or products, likely in a competitive
market, given its presence in Chicago.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-15580) with up to
$50,000 in assets and up to $10 million in liabilities. Charles
Graff, managing member, signed the petition.
Judge Janet S. Baer oversees the case.
The Debtor is represented by Richard G. Larsen, Esq., at Springer
Larsen, LLC.
Wintrust Bank, as lender, is represented by:
Andrew H. Eres, Esq.
Dickinson Wright PLLC
55 W. Monroe, Suite 1200
Chicago, IL 60603
Tel: 312-377-7891
aeres@dickinson-wright.com
CURIS INC: Thomas Satterfield Jr. Holds 9.9% Equity Stake
---------------------------------------------------------
Thomas A. Satterfield, Jr., disclosed in a Schedule 13G (Amendment
No. 2) filed with the U.S. Securities and Exchange Commission that
as of March 31, 2025, he beneficially owns 1,035,762 shares of
Curis, Inc.'s common stock, including shares held directly and
shares issuable upon the exercise of warrants and pre-funded
warrants, subject to a 9.99% beneficial ownership limit of Curis,
Inc.'s common stock, representing 9.9% of the 10,462,250 shares
outstanding.
Thomas A. Satterfield, Jr. may be reached at:
15 Colley Cove Drive
Gulf Breeze, Florida, 32561
A full-text copy of Mr. Satterfield's SEC report is available at:
https://tinyurl.com/mw6v2xe9
About Curis
Lexington, Mass.-based Curis, Inc. is a biotechnology company
focused on the development of emavusertib (CA-4948), an orally
available, small molecule inhibitor of Interleukin-1 receptor
associated kinase, or IRAK4. IRAK4 plays an essential role in the
toll-like receptor, or TLR, and interleukin-1 receptor, or IL-1R,
signaling pathways, which are frequently dysregulated in patients
with Cancer.
Boston, Mass.-based PricewaterhouseCoopers, the Company's auditor
since 2002, 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 incurred recurring losses and cash outflows from operations
that raise substantial doubt about its ability to continue as a
going concern.
As of September 30, 2024, Curis, Inc. had $42.5 million in total
assets, $51.2 million in total liabilities, and $8.7 million in
total stockholders' deficit.
DANIMER SCIENTIFIC: Bid Procedures to Sell All Assets Approved
--------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware approved
bidding procedures for the sale of substantially all of the assets
of Danimer Scientific Inc. and its debtor-affiliates.
The Debtors are selling:
a) their PHA manufacturing and related lab facilities located in
Winchester, Kentucky;
b) their PLA manufacturing and related lab facilities in
Bainbridge, GA and related intellectual property ;
c) their manufacturing facility in Rochester, NY, and the
related intellectual property); and
d) their greenfield development, including certain real property
and equipment.
The Debtors will consider all viable options in accordance with the
Bidding Procedures before determining if selling any of the 363
Sale Assets will, in their business judgment, maximize value for
their estates as compared to available alternatives.
According to the Debtors, they together with their advisors also
conducted a robust prepetition marketing process to find a
purchaser or an investor. Although various parties expressed
interest in a transaction with the Debtors and advanced in the due
diligence process, no viable investor emerged prepetition. With no
other options remaining, the Debtors were forced to begin
implementing a full-scale wind-down of their business operations
shortly before the commencement of these Chapter 11 Cases in order
to preserve liquidity.
A hearing to approve and authorize the sale of any of the 363 Sale
Assets to one or more Winning Bidders will be held before the Court
on or before May 12, 2025 at 3:00 p.m. (prevailing Eastern Time) or
such other date as determined by the Court. Objections to the sale
must be filed no later than 5:00 p.m. (Prevailing Eastern Time) on
May 7, 2025.
Copies of the Bidding Procedures Order, the Bidding Procedures, the
Stalking Horse Agreement, and any other related documents are
available: upon visiting the Debtors' restructuring website at
https://cases.stretto.com/danimerscientific.
About Danimer Scientific Inc.
Danimer Scientific, Inc., is a performance polymer company
specializing in bioplastic replacement for traditional
petroleum-based plastics. The company is based in Bainbridge,
Georgia.
Danimer Scientific Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10523) on March 18,
2025. In its petition, the Debtor estimated assets between $500
million and $1 billion and estimated liabilities between $100
million and $500 million.
Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Daniel J. DeFranceschi, Esq. at
Richards, Layton & Finger.
DB ASSETS: Seeks Chapter 11 Bankruptcy in Georgia
-------------------------------------------------
On May 5, 2025, DB Assets 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 $500,000
and $1 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About DB Assets LLC
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.
DB Assets LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ga. Case No. 25-55062) on May 5, 2025. In its
petition, the Debtor reports estimated assets between $1 million
and $10 million and estimated Liabilities between $500,000 to $1
million.
The Debtor is represented by Charles N. Kelley, Jr., Esq. at KELLEY
LAW LLC.
DC VENTURES: Seeks to Hire W. Thomas Bible Jr. as Legal Counsel
---------------------------------------------------------------
DC Ventures, PLLC d/b/a Bryn Medical Center seeks approval from the
U.S. Bankruptcy Court for the Eastern District of Tennessee to
employ Law Office of W. Thomas Bible, Jr. d/b/a Tom Bible Law to
represent them as counsel.
The firm will render these services:
a. advise the applicants as to their rights, duties, and
powers as debtors-in-possession;
b. investigate and if necessary, institute legal action on
behalf of the Debtors to collect and recover assets of the estate
of the Debtors;
c. prepare and file the statements, schedules, plans, and
other documents and pleadings necessary to be filed by the
applicants in this case;
d. assist and counsel the Debtors in the preparation,
presentation and confirmation of their disclosure statement and
plan of reorganization;
e. represent the Debtors at all hearings, meetings of
creditors, conferences, trials, and other proceedings in this case;
and
f. perform such other legal services as may be necessary in
connection with this case.
The firm received a retainer in the amount of $11,738.
W. Thomas Bible, Jr, Esq., an attorney at Law Office of W. Thomas
Bible, Jr., 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:
W. Thomas Bible, Jr., Esq.
Law Office of W. Thomas Bible, Jr.
d/b/a Tom Bible Law
6918 Shallowford Road, Suite 100
Chattanooga, TN 37421
Tel: (423) 424-3116
Fax: (423) 553-0639
Email: tom@tombiblelaw.com
About DC Ventures, PLLC d/b/a Bryn Medi
DC Ventures, PLLC d/b/a Bryn Medical Center, filed a Chapter 11
bankruptcy petition (Bankr. E.D. Tenn. Case No. 1:25-bk-11004) on
April 23, 2025. The Debtor hires Law Office of W. Thomas Bible, Jr.
d/b/a Tom Bible Law as counsel.
DEQSER LLC: U.S. Trustee Appoints Creditors' Committee
------------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Deqser LLC
and its affiliates.
The committee members are:
1. KPIP Urban Renewal II, LLC
Attn: Stephen Nislick
78 John Miller Way, Suite 102
Kearny, NJ 07032
Phone: 201-306-8453
snislick@hugoneu.com
2. Hub Truck Rental Corp.
Attn: Donna Blanc
94 Gazza Blvd.
Farmingdale, NY 11735
Phone: 631-391-1071
Fax: 631-752-1066
dblanc@hubtruck.com
3. Facsimile Communications Industries, Inc.
dba Atlantic Tomorrows Office
Attn: Richard Perz
134 W. 26th Street
New York, NY 10001
Phone: 347-515-2465
rperz@tomorrowsoffice.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Deqser LLC
Deqser LLC is a business entity associated with Cooperative
Laundry, a commercial laundry service based in Kearny, New Jersey.
Operating from a state-of-the-art facility, the company supports
the hospitality industry with advanced, eco-efficient laundry
solutions.
Deqser sought protection under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del., Case No. 25-10687) on April 10, 2025. The Debtor
reported estimated assets and estimated liabilities of $1 million
to $10 million.
The Hon. Craig T Goldblatt presides over the case.
The Debtor's general bankruptcy counsel is Mayerson & Hartheimer,
PLLC and its local bankruptcy counsel is Gellert Seitz Busenkell &
Brown, LLC.
DIAMOND SCAFFOLD: Plan Admin. Taps Berger Singerman as Co-Counsel
-----------------------------------------------------------------
Michael Moecker & Associates, Inc., plan administrator of Diamond
Scaffold Services, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Alabama to employ Berger
Singerman LLP as its co-counsel.
The firm will bill $600 per hour for the services rendered by
Edward J. Peterson, Esq.
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Peterson 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:
Edward J. Peterson, Esq.
Berger Singerman LLP
401 East Jackson Street, Suite 3300
Tampa, FL 33602
Tel: (813) 498-3400
Fax: (813) 527-3705
Email: epeterson@bergersingerman.com
About Diamond Scaffold Services
Diamond Scaffold Services LLC -- https://www.diamondscaffold.com/
-- is an authorized distributor of Ring-lock, Cup-lock, Shoring,
and Frame Scaffold. Diamond Scaffold Services, LLC, sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
S.D. Ala. Case No. 22-11208) on June 21, 2022. In the petition
filed by Jewell Wayne Sumrall, president, the Debtor estimated
assets between $1 million and $10 million and liabilities between
$10 million and $50 million.
Judge Jerry Oldshue oversees the case.
Alexandra K. Garrett, Esq., at Silver, Voit & Garrett, is the
Debtor's counsel. Jason R. Watkins is serving as special counsel,
representing the Debtor in various litigation.
On July 21, 2022, the court appointed an official committee of
unsecured creditors in this Chapter 11 case. The committee
appointed Michael Moecker & Associates, Inc. as its plan
administrator.
DORMIFY INC: Plan Exclusivity Period Extended to June 19
--------------------------------------------------------
Judge Thomas M. Horan of the U.S. Bankruptcy Court for the District
of Delaware extended Dormify, Inc.'s exclusive periods to file a
plan of reorganization and obtain acceptance thereof to June 19 and
August 18, 2025, respectively.
As shared by Troubled Company Reporter, the Debtor explains that it
is undertaking other activities which will return funds to the
estate, such as investigating preferential and/or fraudulent
transfer issues, which are expected to further augment estate
funds. For these reasons, the Debtor is currently undertaking
activities which will significantly augment the estate and will
thus make a chapter 11 plan process both possible and successful.
However, proposing a chapter 11 plan before these activities can be
completed would be premature and would not allow sufficient time to
successfully secure these funds for the estate, which is necessary
to determine the amount of recovery to creditors under a chapter 11
plan.
In addition, the Debtor is working closely with the Committee, the
Secured Noteholders and other parties in interest throughout this
process; and has been working to settle any outstanding issues with
these parties as they arise. The Debtor has thus made very
"significant progress in negotiations with its creditors,"
satisfying another Adelphia factor. The Debtor thus asserts that
there is sufficient "cause" for an extension of the Exclusive
Periods.
Accordingly, the Debtor should be afforded a full and fair
opportunity to propose, negotiate, and seek acceptances of a
chapter 11 plan. The Debtor believes that the requested extension
of the Exclusive Periods is warranted and appropriate under the
circumstances. The Debtor submits that the requested extension is
realistic and necessary, will not prejudice (but rather, will
benefit) the legitimate interests of creditors and other parties in
interest, and will afford the Debtor a meaningful opportunity to
pursue a consensual plan, all as contemplated by chapter 11 of the
Bankruptcy Code.
Dormify, Inc., is represented by:
GOLDSTEIN & MCCLINTOCK LLLP
Maria Aprile Sawczuk, Esq.
501 Silverside Road, Suite 65
Wilmington, DE 19809
Telephone: (302) 444-6710
Email: marias@goldmclaw.com
- and -
Harley J. Goldstein, Esq.
Ainsley G. Moloney, Esq.
Joshua M. Grenard, Esq.
William H. Thomas, Esq.
111 W. Washington Street, Suite 1221
Chicago, IL 60602
Telephone: (312) 337-7700
Email: harleyg@goldmclaw.com
ainsleyg@goldmclaw.com
joshuag@goldmclaw.com
willt@goldmcl
About Dormify Inc.
Dormify, Inc., filed a Chapter 11 petition (Bankr. D. Del. Case No.
24-12634) on Nov. 18, 2024, with $1 million to $10 million in
assets and $10 million to $50 million in liabilities.
Judge Thomas M. Horan oversees the case.
The Debtor tapped Goldstein & McClintock, LLLP, as counsel and B.
Riley Advisory Services as financial advisor. Reliable Companies
is the Debtor's claims and noticing agent.
DOS POTRILLOS: Hires Moses S. Bardavid as Bankruptcy Counsel
------------------------------------------------------------
Dos Potrillos LLC seeks approval from the U.S. Bankruptcy Court for
the Central District of California to employ Law Offices of Moses
S. Bardavid as bankruptcy counsel.
The firm's services include:
a. advising and representing the Debtor with respect to all
matters and proceedings in the Chapter 11 case;
b. advising the Debtor with respect to its affairs and duties as
a Debtor in Possession;
c. dealing with parties in interest and their attorneys and
agents as is necessary during the pendency of the bankruptcy case;
d. preparing on behalf of the Debtor, the required applications,
orders and other legal papers;
e. negotiating, formulating, drafting, and confirming a Plan of
Reorganization and to attend hearings before this Court in
connection with any proposed disclosure statements and plans of
reorganization;
f. examining all claims filed in the proceedings in order to
determine their nature, extent, validity, and priority; and
g. counseling the Debtor with respect to the bankruptcy and any
other issues related to the case and performing all other legal
services for the Debtor which may be necessary and desirable
herein.
The firm will be paid at the rate of $550 per hour.
The Debtor paid the firm a retainer of $12,500, and $1,738 filing
fee.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Bardavid 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:
Moses Saul Bardavid, Esq.
15910 Ventura Boulevard Suite 1405
Encino, CA 91436
Tel: (818) 582-3463
Fax: (818) 582-3465
Email: mbardavid@hotmail.com
About Dos Potrillos LLC
Dos Potrillos LLC is engaged in the business of leasing real estate
properties.
Dos Potrillos LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-13141) on April 16,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between
$100,000 and $500,000.
The Debtor is represented by Moses S. Bardavid, Esq. at LAW OFFICES
OF MOSES S. BARDAVID.
EDGIO INC: Court Approves Chapter 11 Plan Disclosures
-----------------------------------------------------
Vince Sullivan of Law360 reports that on Tuesday, May 6, 2025, the
Delaware bankruptcy court approved Edgio Inc.'s Chapter 11 plan
disclosure statement after the debtor's counsel stated that the
filing was fully consensual.
About Edgio Inc.
Edgio Inc. (NASDAQ: EGIO) helps companies deliver online
experiences and content faster, safer, and with more control. Its
developer-friendly, globally scaled edge network, combined with our
fully integrated application and media solutions, provide a single
platform for the delivery of high-performing, secure web properties
and streaming content. Through this fully integrated platform and
end-to-end edge services, companies can deliver content quicker and
more securely, thus boosting overall revenue and business value.
Edgio Inc. and its affiliates sought Chapter 11 protection (Bankr.
D. Del. Lead Case No. 24-11985) on Sept. 9, 2024 with a deal to
sell its assets to lender Lynrock Lake Master Fund LP for a credit
bid of $110 million, absent higher and better offers.
The Hon. Karen B. Owens presides over the cases.
Edgio disclosed $379,013,042 in total assets against $368,613,842
in total liabilities as of June 30, 2024.
The Debtors tapped MILBANK LLP as general bankruptcy counsel;
RICHARDS, LAYTON & FINGER, P.A., as local counsel; TD SECURITIES
(USA) LLC (d/b/a TD COWEN) as financial restructuring advisor; and
RIVERON CONSULTING LLC as business advisor. C STREET ADVISORY
GROUP is serving as strategic communications advisor to the
Debtors. OMNI AGENT SOLUTIONS, INC., is the claims agent.
EDGIO INC: Seeks to Extend Plan Exclusivity to June 16
------------------------------------------------------
Edgio, Inc. and affiliates asked the U.S. Bankruptcy Court for the
District of Delaware to extend their exclusivity periods to file a
plan of reorganization and obtain acceptance thereof to June 16 and
June 30, 2025, respectively.
The relevant factors here point in the same direction: that there
is more than sufficient cause to approve the extension of the
Exclusive Periods:
* The Debtors have made substantial good faith progress in the
Chapter 11 Cases as evidenced by the recent filing of the Plan and
the Disclosure Statement.
* Since the filing of the Chapter 11 Cases, the Debtors have
continued to pay substantially all of their undisputed,
postpetition expenses and invoices.
* The requested extension of the Exclusive Periods is the
second such request made in the Chapter 11 Cases and comes
approximately seven months after the Petition Date (three months
after the first request for an extension). Since the First
Exclusivity Extension Order, the Debtors have expended substantial
resources in: (i) engaging in discussions and negotiations with key
creditor constituencies; (ii) reconciling claims submitted after
the passing of the general and government bar dates; (iii)
evaluating and rejecting executory contracts and unexpired leases;
(iv) complying with the requirements of the Bankruptcy Code and the
Bankruptcy Rules; (v) negotiating the Plan Term Sheet and drafting
and filing the Plan and the Disclosure Statement; and (vi)
otherwise administering their estates for the benefit of their
stakeholders.
* The Debtors are not seeking an extension to prejudice the
Debtors' creditor constituencies or grant the Debtors any unfair
bargaining leverage. The Debtors have no ulterior motive in seeking
an extension of the Exclusive Periods. The Debtors have been in
regular communication with their creditor constituencies on
numerous issues facing their estates, including formulation of a
path forward for the Chapter 11 Cases and the terms of the Plan,
and have worked diligently in the prepetition and postpetition
periods to maximize the value of their estates.
The Debtors explain that they will use the extended Exclusive
Periods to solicit votes on the Plan, obtain confirmation of the
Plan and exit from chapter 11 consistent with their fiduciary
duties. The Debtors' substantial progress in negotiating with their
creditors and administering their cases supports the extension of
the Exclusive Periods.
In addition, termination of the Exclusive Periods would adversely
impact the Debtors' efforts to preserve and maximize the value of
their estates and the progress of the Chapter 11 Cases. Such
termination may disincentivize creditors from negotiating with the
Debtors and would certainly undermine the Debtors' efforts to
successfully conclude the Chapter 11 Cases.
Co-Counsel to the Debtors:
Mark D. Collins, Esq.
Russell C. Silberglied, Esq.
Brendan J. Schlauch, Esq.
Huiqi Liu, Esq.
Emily R. Mathews, Esq.
Gabrielle A. Colson, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King St.
Wilmington, DE 19801
Tel: 1 (302) 651-7700
Fax: 1 (302) 651-7701
Email: Collins@RLF.com
Silberglied@RLF.com
Schlauch@RLF.com
Liu@rlf.com
Mathews@rlf.com
Colson@rlf.com
-and-
Dennis F. Dunne, Esq.
Tyson Lomazow, Esq.
Lauren C. Doyle, Esq.
Benjamin M. Schak, Esq.
MILBANK LLP
55 Hudson Yards
New York, NY 10001
Phone: 1 (212) 530-5000
Email: DDunne@Milbank.com
TLomazow@Milbank.com
LDoyle@Milbank.com
BSchak@Milbank.com
About Edgio Inc.
Edgio Inc. (NASDAQ: EGIO) helps companies deliver online
experiences and content faster, safer, and with more control. Its
developer-friendly, globally scaled edge network, combined with our
fully integrated application and media solutions, provide a single
platform for the delivery of high-performing, secure web properties
and streaming content. Through this fully integrated platform and
end-to-end edge services, companies can deliver content quicker and
more securely, thus boosting overall revenue and business value.
Edgio Inc. and its affiliates sought Chapter 11 protection (Bankr.
D. Del. Lead Case No. 24-11985) on Sept. 9, 2024 with a deal to
sell its assets to lender Lynrock Lake Master Fund LP for a credit
bid of $110 million, absent higher and better offers.
The Hon. Karen B. Owens presides over the cases.
Edgio disclosed $379,013,042 in total assets against $368,613,842
in total liabilities as of June 30, 2024.
The Debtors tapped MILBANK LLP as general bankruptcy counsel;
RICHARDS, LAYTON & FINGER, P.A., as local counsel; TD SECURITIES
(USA) LLC (d/b/a TD COWEN) as financial restructuring advisor; and
RIVERON CONSULTING LLC as business advisor. C STREET ADVISORY GROUP
is serving as strategic communications advisor to the Debtors. OMNI
AGENT SOLUTIONS, INC., is the claims agent.
ELEMENTS UES: Court Extends Cash Collateral Access
--------------------------------------------------
Elements UES, LLC received another extension from the U.S.
Bankruptcy Court for the Southern District of New York to use cash
collateral.
The fifth interim order authorized the company to use cash
collateral in accordance with its budget pending entry of a further
interim or final order.
As protection for the use of their cash collateral, Fund-Ex
Solutions Group and the U.S. Small Business Administration were
granted replacement liens on the company's assets, including cash
collateral, to the same extent, validity, priority, and nature as
their pre-bankruptcy liens.
As additional protection, Fund-Ex and SBA will continue to receive
monthly payments of $6,500 and $455.25, respectively. The monthly
payments started in March.
A final hearing is scheduled for May 13.
About Elements UES
Elements UES, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-10033) on January 12,
2025, listing between $1 million and $10 million in both assets and
liabilities. Andrea Fornarola Hunsberger, president and chief
executive officer of Elements UES, signed the petition.
Judge Michael E. Wiles presides over the case.
Ralph E. Preite, Esq., at Cullen and Dykman, LLP represents the
Debtor as legal counsel.
Fund-Ex Solutions Group, as secured creditor, is represented by:
Michele K. Jaspan, Esq.
Chuhak & Tecson, P.C.
265 Sunrise Highway, Suite 50
Rockville Centre, NY 11570
Phone: (646) 532-4636 / (646) 532-4621
Fax: (516) 599-0889
mjaspan@chuhak.com
ELMWOOD VENTURES: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: Elmwood Ventures LLC
d/b/a Buddha-Bar New York
62 Thomas Street
New York, NY 10013
Business Description: Elmwood Ventures LLC, doing business as
Buddha-Bar New York, operates a modern Asian
fusion restaurant located at 62 Thomas
Street in the Tribeca neighborhood of
Manhattan. The venue features a two-story
dining space with a prominent 16-foot Buddha
sculpture and offers dinner service from
Wednesday to Sunday.
Chapter 11 Petition Date: May 6, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-10932
Judge: Hon. Martin Glenn
Debtor's Counsel: Lawrence Morrison, Esq.
MORRISON TENENBAUM PLLC
87 Walker Street, Second Floor
New York, NY 10013
E-mail: lmorrison@m-t-law.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Stefan Stefanov as authorized
signatory.
A copy of the Debtor's list of 20 unsecured creditors is available
for free on Pacermonitor at:
https://www.pacermonitor.com/view/DB4AOEA/Elmwood_Ventures_LLC__nysbke-25-10932__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DHYKWTI/Elmwood_Ventures_LLC__nysbke-25-10932__0001.0.pdf?mcid=tGE4TAMA
ENGLOBAL CORP: William Coskey Holds 22% Stake as of April 10
------------------------------------------------------------
William A. Coskey and Alliance 2000, Ltd. disclosed in a Schedule
13D (Amendment No. 4) filed with the U.S. Securities and Exchange
Commission that as of April 10, 2025, they beneficially owned
1,133,660 shares of ENGlobal Corporation's common stock, consisting
of 1,105,075 shares held by Alliance 2000, Ltd. and 28,585 shares
jointly held by Mr. Coskey and his spouse.
Mr. Coskey may be deemed to have shared voting and/or dispositive
power with respect to the shares held by Alliance as President of
BHC Management Corp., the sole general partner of Alliance. This
ownership represents approximately 22% of the 5,156,583 shares of
common stock outstanding as reported in the Company's Quarterly
Report on Form 10-Q filed on November 12, 2024.
William A. Coskey and Alliance 2000, Ltd. may be reached through:
William A. Coskey, President
3 Dashwood Court, The Hills, TX 78738
Tel: (512) 351-9064
A full-text copy of Mr. Coskey's SEC report is available at:
https://tinyurl.com/4tyuk93v
About ENGlobal Corporation
ENGlobal Corporation and its debtor affiliates filed their
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. S.D. Texas Lead Case No. 25-90083) on March 5, 2025.
At the time of the filing, ENGlobal listed between $10 million and
$50 million in both assets and liabilities.
Judge Alfredo R Perez handles the case.
Ryan Anthony O'Connor, Esq., at Okin Adams, LLP represents the
Debtor as counsel.
EPIC SMOKEHOUSE: Seeks to Hire Chung & Press as Bankruptcy Counsel
------------------------------------------------------------------
Epic Smokehouse, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Virginia to employ Chung & Press, PC as
its counsel.
The firm will render these services:
(a) assist and advise the Debtor relative to the
administration of this proceeding;
(b) represent the Debtor before the Bankruptcy Court and
advise it on all pending litigations, hearings, motions, and of the
decisions of the Bankruptcy Court;
(c) review and analyze all applications, orders, and motions
filed with the Bankruptcy Court by third parties in this proceeding
and advise the Debtor thereon;
(d) attend all meetings conducted pursuant to section 341(a)
of the Bankruptcy Code and represent the Debtor at all
examinations;
(e) communicate with creditors and all other parties in
interest;
(f) assist the Debtor in preparing all necessary applications,
motions, orders, supporting positions it taken, and prepare
witnesses and review documents in this regard;
(g) confer with all other professionals and by any other party
in interest;
(h) assist the Debtor in negotiations with creditors or third
parties concerning the terms of any proposed plan of
reorganization;
(i) prepare, draft, and prosecute the plan of reorganization
and disclosure statement; and
(j) assist the Debtor in performing such other services as may
be in its interest and the estate and perform all other legal
services.
Daniel Press, Esq., the primary attorney in this representation,
will be paid at his hourly rate of $495.
Mr. Press 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:
Daniel M. Press, Esq.
Chung & Press, PC
6718 Whittier Ave, Suite 200
McLean, VA 22101
Telephone: (703) 734-3800
Facsimile: (703) 734-0590
Email: dpress@chung-press.com
About Epic Smokehouse LLC
Epic Smokehouse LLC operates a barbecue and steakhouse restaurant
in Arlington, Virginia. Founded in 2012, the establishment offers a
menu that blends traditional smoked meats with upscale dishes and
cocktails. The restaurant is located near Pentagon City and serves
both lunch and dinner, including weekend brunch.
Epic Smokehouse LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Va. Case No. 25-10855) on
April 28, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
The Debtor is represented by Daniel Press, Esq. at Chung & Press,
PC.
ESCO OIL: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------
Debtor: ESCO Oil Operating Company LLC
5005 Riverway Drive, Suite 440
Houston TX 77056
Business Description: ESCO Oil Operating Company LLC is a Texas-
based oil and gas operator engaged in
managing producing wells primarily in
Maverick County. The Company is
headquartered in Houston and holds mineral
interests across multiple counties in the
state.
Chapter 11 Petition Date: May 6, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-32573
Judge: Hon. Eduardo V Rodriguez
Debtor's Counsel: Leonard Simon, Esq.
PENDERGRAFT & SIMON LLP
2777 Allen Parkway Suite 800
Houston TX 77019
Tel: 713-528-8555
E-mail: lsimon@pendergraftsimon.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Danny Davis as president-member.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on Pacermonitor at:
https://www.pacermonitor.com/view/PMB4RDA/ESCO_Oil_Operating_Company_LLC__txsbke-25-32573__0001.1.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/PASEUMY/ESCO_Oil_Operating_Company_LLC__txsbke-25-32573__0001.0.pdf?mcid=tGE4TAMA
EXACTECH INC: Creditors Barred from Sharing Solicitation Packages
-----------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that a Delaware
bankruptcy judge denied a request on Wednesday, May 7, 2025, from
Exactech's official committee of unsecured creditors to
redistribute solicitation packages sent to tort claimants, citing a
lack of legal grounds to approve the change.
About Exactech, Inc.
Exactech Inc. -- https://www.exac.com/ -- is a joint-replacement
implant manufacturer owned by TPG Capital.
Exactech Inc. and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 24-12441) on Oct.
29, 2024. In the petition filed by Donna H. Edwards, as general
counsel and senior vice president, Exactech estimated assets and
liabilities between $100 million and $500 million each.
Young Conaway Stargatt & Taylor, LLP serves as as co-counsel to the
Debtors. Riveron Management Services, LLC, is the Debtors' chief
restructuring officer. Centerview Partners LLC is the investment
banker. Kroll Restructuring Administration LLC is the claims agent
and administrative advisor.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors. Brown Rudnick LLP is the Committee's
counsel.
EXTON OPERATING: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Exton Operating Group, Inc.
About Exton Operating Group Inc.
Exton Operating Group, Inc. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11126) on
March 24, 2025, listing up to $500,000 in both assets and
liabilities. Emad Elgeddawy, president of Exton Operating Group,
signed the petition.
Judge Ashely M. Chan oversees the case.
Albert A. Ciardi, III, Esq., at Ciardi Ciardi and, represents the
Debtor as legal counsel.
EYENOVIA INC: Widens Net Loss to $49.8 Million in FY 2024
---------------------------------------------------------
Eyenovia, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting for years ended
December 31, 2024 and 2023, net losses of approximately $49.8
million and $27.3 million, respectively, and used cash in
operations of approximately $30.1 million and $23.8 million,
respectively.
As of December 31, 2024, the Company had cash and cash equivalents
of approximately $2.1 million and an accumulated deficit of
approximately $195.3 million.
The Company does not have recurring revenue and have not yet
achieved profitability and expects to continue to incur cash
outflows from operations.
New York, N.Y.-based Marcum LLP, 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
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.
Implementation of the Company's plans and its ability to continue
as a going concern will depend upon the Company's ability to
generate sufficient recurring revenues, the Company's ability to
raise further capital, through the sale of additional equity or
debt securities or the completion of a transaction consistent with
the strategic alternatives that we are exploring or otherwise, to
support its future operations.
Eyenovia said, "Our operating needs include the planned costs to
operate our business, including amounts required to fund working
capital and capital expenditures. Our future capital requirements
and the adequacy of our available funds will depend on many
factors, including our ability to successfully commercialize our
products and services, competing technological and market
developments, and the need to enter into collaborations with other
companies or acquire other companies or technologies to enhance or
complement our product and service offerings. If we are unable to
generate sufficient recurring revenues, secure additional capital,
or the completion of a transaction consistent with the strategic
alternatives that we are exploring. we may be required to curtail
our research and development initiatives, take additional measures
to reduce costs in order to conserve our cash or file for
bankruptcy."
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/yvktz776
About Eyenovia
New York, N.Y.-based Eyenovia, Inc. is an ophthalmic technology
company commercializing Mydcombi (tropicamide and phenylephrine HCL
ophthalmic spray) for inducing mydriasis for routine diagnostic
procedures and in conditions where short-term pupil dilation is
desired, preparing for the commercialization of clobetasol
propionate ophthalmic suspension 0.05% ("clobetasol propionate"),
for the treatment of post-operative inflammation and pain following
ocular surgery, and developing the Optejet delivery system both for
use in combination with its own drug-device therapeutic programs
and for out-licensing for use in combination with therapeutics for
additional indications. The Company's aim is to improve the
delivery of topical ophthalmic medication through the ergonomic
design of the Optejet, which facilitates ease-of-use and delivery
of a more physiologically appropriate medication volume, with the
goal to reduce side effects and improve tolerability and introduce
digital health technology to improve therapy compliance and
ultimately medical outcomes.
As of Dec. 31, 2024, the Company had $3.7 million in total assets,
$16.8 million in total liabilities, and a total stockholders'
deficit of $13.1 million.
F21 OPCO: Committee Taps Cole Schotz PC as Delaware Co-Counsel
--------------------------------------------------------------
The official committee of unsecured creditors of F21 OpCo, LLC and
its debtor affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Cole Schotz P.C. as its
Delaware co-counsel.
The firm will render these services:
a. serving as Delaware co-counsel to the Committee;
b. handling any matters in which MWE may have a conflict;
c. providing legal advice with respect to the Committee's
powers, rights, duties and obligations in the Chapter 11 Cases;
d. assisting and advising the Committee in its consultations
with the Debtors regarding the administration of the Chapter 11
Cases;
e. assisting the Committee in reviewing and negotiating terms
for unsecured creditors with respect to (i) the use of debtor in
possession financing and cash collateral, (ii) any sale of the
Debtors' assets, including negotiating bid procedures and proposed
asset purchase agreements, (iii) the confirmation of a chapter 11
plan, and (iv) other requests for relief which would impact
unsecured creditors;
f. investigating the liens asserted by the Debtors' lenders
and any potential causes of action against the Debtors' lenders;
g. advising the Committee on the corporate aspects of the
Debtors' Chapter 11 Cases and any plan(s) or other means to effect
the Debtors' liquidation, if any, that may be proposed in
connection therewith and participation in the formulation of any
such plan(s) or means of implementing the liquidation, as
necessary;
h. taking all necessary actions to protect and preserve the
estates of the Debtors for the benefit of unsecured creditors;
i. preparing on behalf of the Committee all necessary motions,
applications, complaints, answers, orders, reports, papers and
other pleadings and filings in connection with the Committee's
duties in the Chapter 11 Cases;
j. advising and representing the Committee in hearings and
other judicial proceedings in connection with all necessary
motions, applications, objections and other pleadings and otherwise
protecting the interests of those represented by the Committee;
and
k. performing all other necessary legal services as may be
required and authorized by the Committee that are in the best
interests of unsecured creditors.
The firm will be paid at these rates:
Members $595 to $1,575 per hour
Special Counsel $625 to $840 per hour
Associates $380 to $675 per hour
Paralegals $315 to $460 per hour
Litigation Support Specialists $425 to $535 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following is provided in response Paragraph D.1. of the Revised
UST Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No. Cole Schotz professionals working on this matter
will bill at their standard hourly rates.
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 postpetition, explain the
difference and the reasons for the difference.
Response: Cole Schotz did not represent the Committee during the
12 months preceding the filing of the Chapter 11 Cases.
Question: Has your client approved your prospective budget and
staffing plan, and, if so for what budget period?
Response: Cole Schotz expects to develop a prospective budget
and staffing plan to reasonably comply with the U.S. Trustee's
request for information and additional disclosures, as to which
Cole Schotz reserves all rights.
Justin Alberto, Esq., an attorney at Cole Schotz, 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 R. Alberto, Esq.
Cole Schotz, P.C.
500 Delaware Avenue, Suite 1410
Wilmington, Delaware 19801
Telephone: (302) 652-3131
Facsimile: (302) 652-3117
Email: jalberto@coleschotz.com
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.
F21 OPCO: Committee Taps McDermott Will & Emery LLP as Counsel
--------------------------------------------------------------
The official committee of unsecured creditors of F21 OpCo, LLC and
its debtor affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ McDermott Will & Emery LLP
as its counsel.
The firm will render these services:
(a) advise the Committee regarding its rights, powers, and
duties in the Chapter 11 Cases;
(b) assist and advise the Committee in its consultations and
negotiations with the Debtors and other parties in interest in
connection with the administration of the Chapter 11 Cases;
(c) solicit information from and provide information to the
Debtors' unsecured creditors as a group;
(d) assist the Committee in analyzing the claims of the
Debtors' creditors and the Debtors' capital structure and
negotiating with holders of claims against and interests in the
Debtors;
(e) assist the Committee in its investigation of the acts,
conduct, assets, liabilities, and financial condition of the
Debtors and their insiders and of the operation of the Debtors'
businesses;
(f) assist the Committee in its analysis of, and negotiations
with the Debtors and other parties concerning, matters related to,
among other things, the assumption or rejection of executory
contracts and unexpired leases, the sale or other disposition of
property of the Debtors' estates, the financing of other
transactions, and the terms of one or more plans of reorganization
or liquidation for the Debtors and accompanying disclosure
statements and related plan documents;
(g) assist and advise the Committee on its communications with
the Debtors' unsecured creditors as a group regarding significant
matters in the Chapter 11 Cases;
(h) monitor international proceedings involving the Debtors
and property of the Debtors' estates;
(i) represent the Committee at all hearings and other
proceedings before the Court;
(j) review and analyze applications, orders, statements of
operations, and schedules filed with the Court and advise the
Committee as to their propriety and, to the extent deemed
appropriate by the Committee, support, join, or object thereto;
(k) advise and assist the Committee with respect to any
legislative, regulatory, or governmental activities;
(l) assist the Committee in its review and analysis of the
Debtors' various agreements;
(m) prepare, on behalf of the Committee, any pleadings,
including, without limitation, motions, memoranda, complaints,
objections, or comments in connection with any matter related to
the Debtors or the Chapter 11 Cases;
(n) investigate and analyze any claims belonging to the
Debtors' estates; and
(o) perform such other legal services as may be required or
are otherwise deemed to be in the interests of the Committee in
accordance with the Committee's rights, powers, and duties, as set
forth in the Bankruptcy Code, the Bankruptcy Rules, the Local
Rules, and other applicable law.
The firm's standard hourly rates are:
Partners $1,500 to $2,365
Associates $895 to $1,485
Non-Lawyer Professionals $300 to $1,320
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
In accordance with Appendix B-Guidelines for Reviewing Applications
for Compensation and Reimbursement of Expenses Filed under 11
U.S.C. Sec. 330 for Attorneys in Larger Chapter 11 Cases, the
following is provided in response to the request for additional
information:
(a) McDermott has not agreed to a variation of its standard or
customary billing arrangements for this engagement, except as
disclosed;
(b) none of McDermott's professionals included in this
engagement have varied their rates based on the geographic location
of the Chapter 11 Cases;
(c) McDermott did not represent the Committee before the
Petition Date; and
(d) McDermott expects to develop a budget and staffing plan to
comply with the U.S. Trustee's requests for information and
additional disclosures, and any orders of the Court. Recognizing
that unforeseeable fees and expenses may arise in large chapter 11
cases, McDermott may need to amend the budget as necessary to
reflect changed circumstances or unanticipated developments.
Darren Azman, Esq., a partner at McDermott Will & Emery 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:
Darren Azman, Esq.
McDermott Will & Emery LLP
One Vanderbilt Avenue
New York, New York 10017
Tel: (212) 547-5400
Email: dazman@mwe.com
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.
F21 OPCO: Committee Taps Province LLC as Financial Advisor
----------------------------------------------------------
The official committee of unsecured creditors of F21 OpCo, LLC and
its debtor affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Province, LLC as financial
advisor.
The firm's services include:
a. becoming familiar with and analyzing the Debtors' cash
collateral budget, assets and liabilities, and overall financial
condition;
b. reviewing financial and operational information furnished
by the Debtors;
c. monitoring the sale process, interfacing with the Debtors'
professionals, and advising the Committee regarding the process;
d. scrutinizing the economic terms of various agreements,
including, but not limited to, various professional retentions;
e. analyzing the Debtors' proposed business plans and
developing alternative scenarios, if necessary;
f. assessing the Debtors' various pleadings and proposed
treatment of unsecured creditor claims therefrom;
g. assisting the Committee's investigation of the acts,
conduct, assets, liabilities and financial condition of the Debtors
and their affiliates, including certain transactions preceding the
bankruptcy filing and the formation of the Debtors;
h. analyzing claims against the Debtors and non-Debtor
affiliates;
i. assisting and advising the Committee and counsel regarding
the identification and prosecution of estate claims, including in
connection with any issues regarding the filing of the Case and the
propriety of the filing;
j. assisting and advising the Committee in its review and
analysis of, and negotiations with the Debtors and non-Debtor
affiliates related to, intercompany transactions and claims;
k. preparing, or reviewing as applicable, avoidance action and
claim analyses;
l. assisting the Committee in reviewing the Debtors' financial
reports, including, but not limited to, statements of financial
affairs, schedules of assets and liabilities, cash collateral
budgets, and monthly operating reports;
m. advising the Committee on the current state of these
chapter 11 cases;
n. preparing and updating waterfall analyses and the
components thereof for the Committee to analyze potential claims
recoveries under various scenarios;
o. advising the Committee in negotiations with the Debtors and
third parties as necessary;
p. if necessary, participating as a witness in hearings before
the Court with respect to matters upon which Province has provided
advice; and
q. other activities as are approved by the Committee, the
Committee's counsel, and as agreed to by Province.
Province's current standard hourly rates are:
Per Hour (USD)
Managing Directors and Partners $900 to $1,450
Vice Presidents, Directors,
and Senior Directors $700 to $1,050
Analysts, Associates, and Senior Associates $350 to $825
Paraprofessional / Admin $270 to $450
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Sanjuro Kietlinski, a partner at Province, LLC, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Sanjuro Kietlinski, Esq.
Province, LLC
2360 Corporate Circle, Suite 340
Henderson, NV 89074
Tel: (702) 685-5555
Email: skietlinski@provincefirm.com
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: Seeks Chapter 11 Bankruptcy in Florida
------------------------------------------------------------
On May 5, 2025, Family International Home Builders LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for the Middle
District of Florida. According to court filing, the
Debtor reports between $1 million tand $10 million in debt owed
to 1 and 49 creditors. The petition states funds will be available
to unsecured creditors.
About Family International Home Builders LLC
Family International Home Builders LLC
Family International Home Builders LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02915) on May 2, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Family International Home Builders LLC
handles the case.
The Debtor is represented by Joel Aresty, Esq. JOEL M. ARESTY PA.
FIRST CHOICE: Narrows Net Loss to $3.8 Million in 2024
------------------------------------------------------
First Choice Healthcare Solutions, Inc. filed with the U.S.
Securities and Exchange Commission its Annual Report on Form 10-K
reporting that during the year ended December 31, 2024, the Company
experienced operating losses of approximately $1.3 million, net
loss of approximately $3.8 million compared to $8.2 million in
2023, and corresponding cash outflows from operations of
approximately $1.7 million. This performance reflected challenges
in operating and restructuring the Company as a result of previous
issues that confronted the Company in the healthcare market such as
growing referral bases and negotiating favorable contract rates
with third party payors for services rendered, the negative impact
of the former CEO's indictment in November 2018, the bankruptcy
from June 2020, and COVID-19. As a result of the CEO's actions, the
Company has been subject to litigation, as well as incurring damage
to its relationships with its employees and referral sources.
Henderson, Nev.-based Bush & Associates CPA 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 suffered recurring losses from operations and
has a net capital deficiency that raise substantial doubt about its
ability to continue as a going concern.
The Company's ability to continue as a going concern is dependent
upon the success of its continuing efforts to acquire profitable
companies, grow its revenue base, reduce operating costs,
especially as related to provider services, and access additional
sources of capital, and/or sell assets. The Company believes that
it will be successful in repairing its relationships with employees
and referral sources, generating growth and improved profitability
resulting in improved cash flows from operations. Additionally,
headcount was reduced in October 2021 and again in January 2023 to
generate reductions in operating costs while the Company focused on
developing and executing its future business strategy.
However, in order to execute the Company's business development
plan, which there can be no assurance we will achieve, the Company
may need to raise additional funds through public or private equity
offerings, debt financing, corporate collaborations or other means
and potentially reduce operating expenditures. If the Company is
unable to secure additional capital, it may have to curtail its
business development initiatives and take additional measures to
reduce costs in order to conserve its cash, thus raising
substantial doubt about its ability to continue as a going concern
more than one year from the date of issuance of the 2024 financial
statements included in the 10-K filing.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/nhfnaz9c
About First Choice Healthcare
Melbourne, Fla.-based First Choice Healthcare Solutions, Inc.
provides rehabilitative services, such as physical therapy.
As of Dec. 31, 2024, the Company had $4.5 million in total assets,
$37 million in total liabilities, and a total stockholders' deficit
of $32.5 million.
FIRST CLASS: Court Oks to Sell Excess Equipment
-----------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has approved First Class Moving Systems, Inc. and its
affiliates, Capital Asset Finance Inc., First Class Moving Systems
of North Jersey Inc., First Class Moving of South Florida Inc.,
First Class Commercial Services of Orlando Inc., and FC Equipment
Leasing Inc., to sell excess equipment, free and clear of liens,
interests, and encumbrances.
The Court has authorized the Debtor to sell excess equipment,
comprised largely of racking systems, wooden pallets, small
equipment, and scrap materials
The Court ordered the following procedures in the sale of the
excess equipment:
(a) All sales shall be to non-insider third-party purchasers (each
a "Qualified Purchaser") in good faith, arms-length transactions;
(b) The Debtors will provide notice of any proposed sale to the
U.S. Small Business Administration and Valley National Bank two
days prior to consummating the transaction. Absent an objection by
the U.S. Small Business Administration and Valley National Bank,
the Debtors are authorized to consummate the transaction;
(c) Any Excess Equipment located in Orlando, Florida that does not
sell on or before April 30, 2024, shall be relocated to the Tampa,
Florida facility pending a sale pursuant to this Order; and
(d) Any Excess Equipment located in Bound Brook, New Jersey that
does not sell on or before May 31, 2025, may, in the sole
discretion of the Debtors, be relocated to another facility and
stored pending a sale or abandoned at the leased facility or
elsewhere by the Debtors.
Pending further order of the Court, the Purchase Price for each
piece of Excess Equipment sold shall be held in escrow and the
Purchase Price paid by any Qualified Purchaser to the Debtor shall
constitute
reasonably equivalent value and fair consideration.
About First Class Moving Systems, Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. The Company has
locations in Tampa, Miami/Fort Lauderdale, Gulfport, MS, Orlando,
FL, and Bound Brook, NJ.
First Class Moving Systems Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-02243)
on April 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Scott A. Stichter, Esq. and Amy Denton
Mayer, Esq. at STICHTER RIEDEL BLAIN & POSTLER, P.A.
FIRST CLASS: Five Trailers Sale to Multiple Buyers OK'd
-------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has approved First Class Moving Systems, Inc. and its
affiliates, Capital Asset Finance Inc., First Class Moving Systems
of North Jersey Inc., First Class Moving of South Florida Inc.,
First Class Commercial Services of Orlando Inc., and FC Equipment
Leasing Inc., to sell five trailers, free and clear of liens,
interests, and encumbrances.
The Court has authorized the Debtor to sell the five trailers.
-- 2023 Kentucky Model FVCC-D Tandem Axle 53' 1KKVE5322PL253627 to
Siracusa Moving & Storage for $85,000
-- 2023 Kentucky Model FVCC-D Drop Frame Semi Trailer
1KKVE5326PL253629 to Piepho Moving & Storage, Inc. for $80,000
-- 2023 Kentucky Model FVCC-D Drop Frame Semi Trailer
1KKVE5326PL253628 to Siracusa Moving & Storage for $85,000
-- 2023 Kentucky Model FVCC-D Tandem Axle 53' 1KKVE5326PL254349 to
Piepho Moving & Storage, Inc. for $80,000
-- 2023 Kentucky Model FVCC-D Drop Frame Semi Trailer
1KKVE5321PL254350 to Siracusa Moving & Storage for $76,000
The Court ordered that at closing, the Debtor shall pay Highland
$73,524.46 per trailer, provided
however, Highland shall be entitled to additional interest if
Highland does not receive the payments by May 15, 2025.
The sale transaction has been entered into by the Purchasers in
good faith and the Purchasers are good faith purchasers of the
Trailers
About First Class Moving Systems, Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. The Company has
locations in Tampa, Miami/Fort Lauderdale, Gulfport, MS, Orlando,
FL, and Bound Brook, NJ.
First Class Moving Systems Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-02243)
on April 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Scott A. Stichter, Esq. and Amy Denton
Mayer, Esq. at STICHTER RIEDEL BLAIN & POSTLER, P.A.
FIRST CLASS: Storage Vaults Sale at New Jersey Location OK'd
------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has approved First Class Moving Systems, Inc. and its
affiliates, Capital Asset Finance Inc., First Class Moving Systems
of North Jersey Inc., First Class Moving of South Florida Inc.,
First Class Commercial Services of Orlando Inc., and FC Equipment
Leasing Inc., to sell 180 wooden 5' x 7' storage vaults containing
customer contents to Beltmann Group Incorporation d/b/a Beltmann
Relocation Group, free and clear of liens, interests, and
encumbrances.
The Court has authorized the Debtor to sell per vault for $200.00
to Beltmann Group, a competitor of the Debtor.
The Debtor is a professional moving company offering residential
and commercial moving services, as well as packing, logistics, and
storage solutions.
Pending further order of the Court, the Purchase Price for each
Storage Vault sold shall be held in escrow and the Purchase Price
paid by the Purchaser to the Debtor shall constitute reasonably
equivalent value and fair consideration.
About First Class Moving Systems, Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. The Company has
locations in Tampa, Miami/Fort Lauderdale, Gulfport, MS, Orlando,
FL, and Bound Brook, NJ.
First Class Moving Systems Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-02243)
on April 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Scott A. Stichter, Esq. and Amy Denton
Mayer, Esq. at STICHTER RIEDEL BLAIN & POSTLER, P.A.
FIRST CLASS: Trailer Sale to Rigo's Delivery Moving for $55K OK'd
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has approved First Class Moving Systems, Inc. and its
affiliates, Capital Asset Finance Inc., First Class Moving Systems
of North Jersey Inc., First Class Moving of South Florida Inc.,
First Class Commercial Services of Orlando Inc., and FC Equipment
Leasing Inc., to trailer to Rigo's Delivery Moving and Storage,
free and clear of liens, interests, and encumbrances.
The Court has authorized the Debtor to sell the 2015 Kentucky
Trailer bearing identification number
1KKVE5322FL237085 Rigo's Delivery Moving and Storage for $55,000.
The Court ordered that the transfer of the Trailer to the Purchaser
shall be free and clear of liens, claims, encumbrances, and
interests of any kind, however, Valley National Bank shall retain
its liens on the truck and the sale proceeds.
At closing, the sale proceeds shall be paid to Valley National
Bank.
The sale transaction has been entered into by the Purchaser in good
faith and the Purchaser is a good faith purchaser of the Trailer.
About First Class Moving Systems, Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. The Company has
locations in Tampa, Miami/Fort Lauderdale, Gulfport, MS, Orlando,
FL, and Bound Brook, NJ.
First Class Moving Systems Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-02243)
on April 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Scott A. Stichter, Esq. and Amy Denton
Mayer, Esq. at STICHTER RIEDEL BLAIN & POSTLER, P.A.
FLEET RENTS: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Fleet Rents, LLC received the green light from the U.S. Bankruptcy
Court for the Eastern District of Pennsylvania to use cash
collateral.
The order penned by Judge Patricia Mayer authorized the company's
interim use of cash collateral to pay its operating expenses in
accordance with its budget.
As protection from any diminution in the value of their collateral,
the company's secured creditors were granted replacement liens on
post-petition assets of the company to the same extent and priority
as their pre-bankruptcy liens.
In addition, Fleet Rents was authorized to continue making regular
monthly payments on its secured loans.
Fleet Rents believes its property, accounts receivable and
equipment have a value of no less than $2,065,838. Considering that
its books demonstrate that secured debts are less than
$1,078,933.87, the company believes that even considered
conservatively, the secured creditors have a significant equity
cushion of at least $986,904.13 with respect to valid liens.
A final hearing is scheduled for June 4, with objections due by May
15.
About Fleet Rents LLC
Fleet Rents LLC provides full-service maintenance and repair for
commercial vehicles and equipment. The Company offers a range of
services including project ramp-ups, preventative maintenance, DOT
annual inspections, nationwide campaigns, mechanical repairs, and
fabrication and welding.
Fleet Rents LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11605) on
April 25, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Patricia M. Mayer handles the case.
The Debtor is represented by:
Ronald S. Gellert, Esq.
Gellert Seitz Busenkell & Brown, LLC
Tel: 302-425-5806
Email: rgellert@gsbblaw.com
FLY7 INSTALLATIONS: Taps Providence Financial as Accountant
-----------------------------------------------------------
Fly7 Installations LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Virginia to hire Providence
Financial Services Group as its certified public accountant.
The firm's services include:
a. compiling books and records;
b. preparing and filing all necessary tax returns on behalf of
the Debtor in Possession;
c. advising Debtor in Possession of its duties and
responsibilities under the Internal Revenue Code;
d. working with the Debtor in Possession in assessing its
financial condition; and
e. preparing monthly reports, and other matters that arise in
the administration of this Chapter 11 case in bankruptcy relating
to accounting matters.
The firm will bill $125 per hour for the services rendered by
Kelvin W. Arthur, CPA.
Providence Financial Services Group is a disinterested person
within the meaning of 11 U.S.C. Sec. 327, according to court
filings.
The firm can be reached through:
Kelvin W. Arthur, CPA
Providence Financial Services Group
5265 Providence Road, Suite 400
Virginia Beach, VA 23464
Tel: (757) 778-1573
Fax: (757) 378-0004
Email: karthurcpa@gmail.com
About Fly7 Installations LLC
Fly7 Installations LLC sought protection for relief under Chapter
11 of the Bankruptcy Code (Bankr. E.D. Va. Case No. 25-70482) on
March 8, 2025, listing $100,001 to $500,000 in assets and $500,001
to $1 million in liabilities.
Judge Frank J Santoro presides over the case.
Carolyn Anne Bedi, Esq. at Bedi Legal, P.C. represents the Debtor
as counsel.
FORTNA GROUP: S&P Downgrades ICR to 'CCC+', Outlook Negative
------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on warehouse
automation and services provider Fortna Group Inc. to 'CCC+' from
'B-'.
S&P said, "At the same time, we lowered our issue-level rating on
the company's existing $225 million revolving credit facility (RCF)
and $1.47 billion first-lien term loan to 'CCC+' from 'B-' and the
recovery rating to '4' from '3'. The '4' recovery rating indicates
our expectation of average (30%-50%; rounded estimate: 35%)
recovery in the event of a payment default.
"The negative outlook on Fortna reflects heightened uncertainty in
the operating environment and our forecast for a
slower-than-expected pace of improvement in operating performance
that will result in continued cash flow deficits over the next 12
months. We believe this may lead to a liquidity strain over time.
"The downgrade to 'CCC+' reflects our view that Fortna is
increasingly reliant on improved market conditions and materially
stronger cash flow generation to sustain its capital structure and
maintain adequate liquidity. We forecast FOCF to remain negative (a
deficit of $70 million-$80 million) in 2025. This stems from our
assumption of flat revenue growth, higher working capital needs to
support the company's backlog with large sortation projects for UPS
Network of the Future and Amazon, and capital expenditure (capex)
of around $20 million.
"While the company secured incremental debt to meet these funding
needs, the incremental debt results in higher debt service burden
over time, which could make the capital structure unsustainable
over the long term absent solid EBITDA growth. Further, we believe
there is heightened risk that FOCF remains negative beyond the next
few quarters, translating to a strained liquidity position.
"We no longer anticipate sufficient earnings growth to reduce
leverage to manageable levels. Fortna issued a new $225 million
incremental first-lien term loan (not rated) during the first
quarter of 2025, and it used the proceeds to pay down all balances
outstanding under its $225 million revolving credit facility. At
the same time, the company issued a new $150 million accounts
receivable financing facility (not rated) and drew about $100
million, as it intends to use the proceeds for working capital
needs to grow its bookings and backlog. Although Fortna's
liquidity, which we view as adequate, improves following these new
issuances, these financing transactions increase an already
elevated debt leverage. We forecast Fortna's S&P Global
Ratings-adjusted leverage to increase to the 14x area in 2025,
compared to 13.1x in 2024.
"Although we anticipate good demand in e-commerce sales and some
conversion of its backlog, we forecast Fortna's revenue will remain
flat in 2025. Fortna's revenue declined about 10.5% in 2024, driven
by its lower starting backlog and lower book-to-bill in 2023.
Fortna's bookings have remained solid in 2024 with a nearly 36%
increase in bookings year over year; however, these bookings were
more back-end weighted. We don't expect these bookings to convert
to revenue until the end of 2025 and more so in 2026, given the
longer duration of the projects. Fortna typically converts its
backlog to revenue over a roughly 18-month period (on average). In
our view, the time it takes the company to convert its bookings to
revenue has lengthened somewhat because of its increased exposure
to larger parcel bookings, which take longer to convert due to the
size and timing of these projects.
"We believe the macroeconomic uncertainty could impair the appetite
of Fortna's customers to undertake large capital-intensive
automation projects. We believe higher-for-longer interest rates
and tariff uncertainty could keep Fortna's customers on the
sidelines and pressure our base-case forecast during the year. In
addition, bookings could be delayed and shift to the right.
"We assume cost-out initiatives will drive a slight improvement in
S&P Global Ratings-adjusted EBITDA margins. Fortna improved its S&P
Global Ratings-adjusted EBITDA margin to 8.3% in 2024, from 7.9% in
2023, due to cost-out initiatives, such as back-office headcount
reductions and project execution improvements, as well as the
nonrecurrence of transaction-related expenses in 2023.
Notwithstanding the improvement, Fortna's EBITDA margins faced
pressure in 2024 from more-competitive project bidding given the
lower demand environment, as well as a shift towards more parcel
work, which typically carries a lower margin profile than
distribution and fulfillment (D&F) projects. We expect this trend
to continue in 2025. Nevertheless, we forecast S&P Global
Ratings-adjusted EBITDA margins to slightly improve to 8.5%-9% in
2025, supported by a beneficial mix from services growth and
continued cost-management and project execution initiatives.
"The negative outlook on Fortna reflects heightened uncertainty in
the operating environment and our forecast for a
slower-than-expected pace of improvement in operating performance
that will result in continued cash flow deficits over the next 12
months. We believe this may lead to a liquidity strain over time."
S&P could lower its rating on Fortna if it expects:
-- Sustained negative FOCF generation or significantly reduced
total available liquidity such that it is unable to manage its debt
servicing obligations;
-- Weaker-than-expected revenue or EBITDA margins such that there
could be significant risk in refinancing its maturities over time;
or
-- An increased risk over the next 12 months of the company
needing to consider a debt amendment or exchange transaction that
S&P views as offering less than the original promise of its debt
obligations to lenders.
S&P could upgrade its rating on Fortna if it:
-- Generates neutral to positive FOCF on a sustained basis while
maintaining adequate liquidity;
-- Achieves a level of leverage that S&P views as sustainable;
and
-- Maintains EBITDA interest coverage over 1x.
FORTUNA AUCTION: Seeks to Hire Schulman Lobel as Accountant
-----------------------------------------------------------
Fortuna Auction, LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of New York to employ Schulman Lobel LLP
as accountant.
The firm will provide these services:
(a) participate in meetings, whether in-person or
telephonically, with the Debtor, and/or its counsel, as requested;
(b) monitor the Debtor's activities regarding cash
expenditures and general business operations;
(c) manage or assist with any investigating into the
pre-petition acts, conduct, transfers, liabilities and financial
condition of the Debtor, its management, or creditors;
(d) assist in the preparation and/or reviewing the monthly
operating report and other schedules, as required by the local
rules of the Court, and the United States Trustee's guidelines;
(e) assist the Debtor and/or its counsel in any litigation
proceedings against potential adversaries;
(f) reconstruct if necessary, the Debtor's books and records
prior to the Petition Date;
(g) assist the Debtor with the preparation and filing of
outstanding federal, state and local tax returns; and
(h) perform any other services that the Debtor may deem
necessary in the firm's role as its accountants, or that may be
requested by its counsel.
Norman Schulman, a certified public accountant at Schulman Lobel,
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:
Norman Schulman, CPA
Schulman Lobel LLP
1001 Ave. of the Americas, 2nd Floor
New York, NY 10018
Telephone: (212) 868-5781
About Fortuna Auction
Fortuna Auction, LLC is a boutique auction house specializing in
fine, antique jewelry and luxury watches. Established in 2011, the
Company offers a platform for collectors, wholesalers, retailers,
and private clients to buy and sell jewelry and watches
internationally.
Fortuna Auction sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-10632) on April 1,
2025. In its petition, the Debtor reported estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
The Debtor tapped Tracy L. Klestadt, Esq., at Klestadt Winter
Jureller Southard & Stevens, LLP as counsel and Norman Schulman,
CPA, at Schulman Lobel LLP as accountant.
FRANCHISE GROUP: Kahn Objects Plan to Cut Him From Cash Pot
-----------------------------------------------------------
James Nani of Bloomberg Law reports that the former Franchise Group
Inc. CEO Brian Kahn is contesting the bankrupt company's proposal
to use $13.3 million in corporate funds to support litigation aimed
at benefiting creditors.
Kahn and his wife, Lauren -- who hold the largest equity stake in
one of Franchise Group's bankrupt subsidiaries -- argued in a
filing Wednesday, May 7, 2025, in the U.S. Bankruptcy Court for the
District of Delaware that recent amendments to the Chapter 11 plan
would leave them with no recovery and should be rejected, reports
Bloomberg Law.
According to the objection, equity holders in Freedom VCM Holdings
LLC would receive a greater return through liquidation than under
the proposed reorganization.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred January 31, 2024.
FRANCHISE GROUP: Plan Exclusivity Period Extended to June 2
-----------------------------------------------------------
Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court for
the District of Delaware extended Franchise Group, Inc., and its
Debtor Affiliates' exclusive periods to file a plan of
reorganization and obtain acceptance thereof to June 2 and July 31,
2025, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
these Chapter 11 Cases are undoubtedly large and complex with
nearly $2 billion of funded debt obligations, 53
jointly-administered Debtor entities, a complex corporate and
capital structure. As such, administering these Chapter 11 Cases
requires significant input from the Debtors' management team and
advisors on a wide range of complicated matters necessary to bring
structure and consensus to a large and complex process.
Accordingly, the size and complexity of these Chapter 11 Cases
weigh in favor of extending the Exclusivity Periods.
Since the Petition Date, the Debtors have paid their undisputed
postpetition obligations in the ordinary course or as otherwise
provided by Bankruptcy Court order. Importantly the Debtors
maintain their ability to continue to pay their bills throughout
these Chapter 11 Cases in light of the liquidity provided by the
DIP Facility and through the continued use of cash collateral.
Accordingly, this factor weighs in favor of extending the
Exclusivity Periods.
The Debtors claim that they are continuing to engage with all
interested parties, including the Freedom Lender Group, in good
faith, arm's length negotiations in an effort to reach a global
resolution to the Freedom Lender Group's anticipated objections to
Confirmation of the Plan, and the Freedom Lender Group will have
the opportunity to raise issues with the Plan, as it may be amended
or modified in the coming weeks, at Confirmation. Accordingly, the
Debtors assert that the requested extension is warranted under the
facts and circumstances of this case.
Proposed Co-Counsel to the Debtors:
Edmon L. Morton, Esq.
Shella Borovinskaya, Esq.
Matthew B. Lunn, Esq.
Allison S. Mielke, Esq.
Shella Borovinskaya, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Rodney Square
1000 North King Street
Wilmington, Delaware 19801
Tel: (302) 571-6600
Fax: (302) 571-1253
E-mail: emorton@ycst.com
mlunn@ycst.com
amielke@ycst.com
sborovinskaya@ycst.com
Debra M. Sinclair, Esq.
Matthew A. Feldman, Esq.
Betsy L. Feldman, Esq.
Joseph R. Brandt, Esq.
WILLKIE FARR & GALLAGHER LLP
787 Seventh Avenue
New York, New York 10019
Tel: (212) 728-8000
Fax: (212) 728-8111
E-mail: dsinclair@willkie.com
mfeldman@willkie.com
bfeldman@willkie.com
jbrandt@willkie.com
About Franchise Group Inc.
Franchise Group, Inc., through its subsidiaries, operates
franchised and franchisable businesses including The Vitamin
Shoppe, Pet Supplies Plus, LLC, Badcock Home Furniture & More,
American Freight, Buddy's Home Furnishings and Sylvan Learning
Systems, Inc.
Franchise Group, Inc. and its affiliates filed their voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
D. Del. Lead Case No. 24-12480) on Nov. 3, 2024, listing
$1,000,000,001 to $10 billion in both assets and liabilities. The
petitions were signed by David Orlofsky as chief restructuring
officer.
Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor,
LLP are serving as legal counsel, AlixPartners is serving as
financial advisor and Chief Restructuring Officer, and Ducera
Partners is serving as investment banker to the Company. Paul
Hastings LLP is serving as legal counsel and Lazard is serving as
investment banker to the first lien ad hoc group.
FRANCIS TRUST: To Sell Penniman Property to Joshua Charles Wookey
-----------------------------------------------------------------
Francis Trust LLC seeks approval from the U.S. Bankruptcy Court for
the District of Maine, to sell real estate located at 9 Penniman
Road, Bristol, Maine, free and clear of liens, interests, and
encumbrances.
Jeffrey T. Piampiano was appointed as Subchapter V trustee of the
case.
The Debtor owns three parcels of real property: the Penniman
Property, which is a three unit residential property; 25 Southside
Road, Bristol, Maine (25 Southside Property) a single family
residential property; and 43 Southside Road, Bristol, Maine, a
parcel with multiple structures.
The Debtor, moreover, has evaluated the viability and benefits of
continuing to rent the Penniman Property compared to a sale
(including as part of the Debtor’s pending reorganization
strategy), and the Debtor has determined that it is in the best
interests of the Debtor, its estate, and its creditors to sell the
Penniman Property.
To ensure a fair and adequate marketing process for the Penniman
Property, the Debtor retains Peter Christine of Drum and Drum Real
Estate, who has significant experience in marketing and selling
similar properties in Maine and specifically in the Bristol, Maine
area.
The Debtor does not believe that it would be beneficial to the
estate or creditors to continue marketing the Penniman Property or
otherwise sell in a different manner, as doing so is unlikely to
result in a
higher sale price, and will otherwise cause significant delay in
closing and realizing the value of the Penniman Property.
Instead, the Debtor seeks to sell the Penniman Property now to
realize the benefits of the Sale Proceeds as soon as possible for
the benefit of creditors and the estate.
The Debtor has identified the following creditors that may assert a
security interest in the Penniman Property:
a. Stormfield, SPV I, LLC which has a mortgage lien on all three of
the Debtor's properties; and
b. Town of Bristol, on account of unpaid real estate taxes.
The Debtor requests entry of an order authorizing it to sell the
Penniman Property to Joshua Charles Wookey, free and clear of all
liens, claims, encumbrances, and interests, with the purchase price
of $600,000.00.
The Buyer provided an Escalation Addendum dated April 27, 2025,
agreeing to increase the offer price to $650,000.00 if the seller
receives a higher offer from another buyer. There is no property
inspection contingency and is subject to a financing contingency
for which the Buyer provided a pre-approval letter to the Debtor.
The Debtor received three offers to purchase the Penniman Property.
One other offer was for substantially similar terms as the terms
offered by the Buyer. Consequently, the Debtor believes that the
Escalation Addendum is effective, and the resulting purchase price
for the Penniman Property is $650,000.00.
The Debtor seeks authority to disburse the Sale Proceeds at closing
to pay the following: (i) all outstanding property taxed owed Town
of Bristol as of the closing date (estimated at approximately
$9,000.00) ; (ii) the broker commission to Christine in the amount
of $19,500.00 (3.00% of the purchase price); and (iii) de minimis
ordinary and necessary closing costs (such as recording and title
company fees); (iii) any remaining funds will be paid to Stormfield
to be applied to its secured claim on the Penniman Property.
The Debtor will not receive any funds from the Sale Transaction
after the payment of sale related costs and payments to secured
creditor. The Debtor submits that these expenses are reasonable and
appropriate to pay at the closing of a sale transaction of the type
proposed and such payments will help facilitate an orderly and
timely closing process to the benefit of all constituents.
About Francis Trust LLC
Francis Trust LLC operates The Moorings of New Harbor, a lodging
complex situated in New Harbor, Maine. This property offers a
variety of accommodations, including private units in historic
homes with harbor and ocean views. Amenities at The Moorings
include an indoor heated pool, hot tub, tennis courts, and free
Wi-Fi. Some units are pet-friendly and feature full kitchens,
fireplaces, and expansive decks.
Francis Trust sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Me. Case No. 25-10064) on April 15, 2025. In its
petition, the Debtor reported between $1 million and $10 million
in
both assets and liabilities.
Judge Peter G. Cary handles the case.
The Debtor is represented by Tanya Sambatakos, Esq., at Molleur Law
Firm.
FRANCIS TRUST: To Sell Southside Property to Laura Farr Member
--------------------------------------------------------------
Francis Trust LLC seeks approval from the U.S. Bankruptcy Court for
the District of Maine, to sell real property and improvements
located at 25 Southside Road, Bristol, Maine, free and clear of
liens, interests, and interests.
The Debtor owns three parcels of real property: 4 Penniman Road,
Bristol, Maine (Penniman Property), which is a three-unit
residential property; 25 Southside Road, Bristol, Maine (25
Southside Property) a single-family residential property; and 43
Southside Road, Bristol, Maine, a parcel with multiple structures.
The Debtor, moreover, has evaluated the viability and benefits of
continuing to rent the 25 Southside Property compared to a sale
(including as part of the Debtor's pending reorganization
strategy), and the Debtor has determined that it is in the best
interests of the Debtor, its estate, and its creditors to sell the
25 Southside Property.
The Debtor wants to sell the Property to Laura Farr Member of Great
Blue Heron Holdings, LLC, who offered a purchase price of
$450,000.00.
Jeffrey T. Piampiano was appointed as Subchapter V trustee of the
case.
To ensure a fair and adequate marketing process for the 25
Southside Property, the Debtor retained Peter Christine of Drum and
Drum Real Estate, who has significant experience in marketing and
selling similar properties in Maine and specifically in the
Bristol, Maine area.
The Debtor, moreover, does not believe that it would be beneficial
to the estate or creditors to continue marketing the 25 Southside
Property or otherwise sell in a different manner, as doing so is
unlikely to result in a higher sale price, and will otherwise cause
significant delay in closing and realizing the value of the 25
Southside Property. Instead, the Debtor seeks to sell the 25
Southside Property now to realize the benefits of the Sale Proceeds
as soon as possible for the benefit of creditors and the estate.
The Debtor has identified the following creditors that may assert a
security interest in the 25
Southside Property:
a. Stormfield, SPV I, LLC which has a mortgage lien on all three of
the Debtor's properties; and
b. Town of Bristol, on account of unpaid real estate taxes.
The Debtor requests entry of an order authorizing it to sell the 25
Southside Property to Buyer free and clear of all liens, claims,
encumbrances, and interests.
About Francis Trust LLC
Francis Trust LLC operates The Moorings of New Harbor, a lodging
complex situated in New Harbor, Maine. This property offers a
variety of accommodations, including private units in historic
homes with harbor and ocean views. Amenities at The Moorings
include an indoor heated pool, hot tub, tennis courts, and free
Wi-Fi. Some units are pet-friendly and feature full kitchens,
fireplaces, and expansive decks.
Francis Trust sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Me. Case No. 25-10064) on April 15, 2025. In its
petition, the Debtor reported between $1 million and $10 million
in
both assets and liabilities.
Judge Peter G. Cary handles the case.
The Debtor is represented by Tanya Sambatakos, Esq., at Molleur Law
Firm.
FREE SPEECH: Jones' Atty Requests Disciplinary Process Be Paused
----------------------------------------------------------------
Emily Sawicki of Law360 reports that Alex Jones' former lead
attorney in Connecticut is seeking a pause on the final seven days
of his suspension, requesting that the state appeals court stay the
punishment while he pursues a renewed appeal.
The suspension stems from his involvement in the improper transfer
of confidential Sandy Hook family records to another Jones lawyer
in Texas, the report states.
About Free Speech Systems
Free Speech Systems LLC is a broadcast media production and
distribution company that provides broadcasting aural programs by
radio to the public. Free Speech Systems is a family-run business
founded by Alex Jones.
FSS is presently engaged in the business of producing and
syndicating Jones' radio and video talk shows and selling products
targeted to Jones' loyal fan base via the Internet. Today, FSS
produces Alex Jones' syndicated news/talk show (The Alex Jones
Show) from Austin, Texas, which airs via the Genesis Communications
Network on over 100 radio stations across the United States and via
the internet through websites including Infowars.com.
Due to the content of Alex Jones' shows, Jones and FSS have faced
an all-out ban of Infowars from mainstream online spaces. Shunning
from financial institutions and banning Jones and FSS from major
tech companies began in 2018.
Conspiracy theorist Alex Jones has been sued by victims' family
members over Jones' lies that the 2012 Sandy Hook Elementary School
shooting was a hoax.
Jones' InfoW LLC and affiliates, IWHealth, LLC and Prison Planet
TV, LLC, filed petitions under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 22-60020) on April
18, 2022.
FREIRICH FOODS: Amends Motion to Sell NC Property at Auction
------------------------------------------------------------
Freirich Foods, Inc., seeks approval from the U.S. Bankruptcy Court
for the Middle District of North Carolina, Winston-Salem Division,
to amend its motion to sell personal property at auction, free and
clear of liens, interests, and encumbrances.
The Debtor seeks to sell by an online public auction conducted by
Iron Horse Auction Co., Inc., certain personal property of the
Debtor and certain real property titled in the name of Freirich
Holdings, LLC, a wholly owned subsidiary of the Debtor. The
personal and real property will be sold free and clear of all
liens, claims and interests, which will be transferred to the
proceeds of sale.
The Debtor seeks to modify the proposed auction dates as follows:
a. Personal Property: Miscellaneous equipment, vehicles, trailers
and material handling items located at the Real Property. The sale
of the Personal Property will be absolute and not subject to
confirmation by the Court, by public auction commencing at 8:00
a.m. Eastern on June 13, 2025, and concluding at 2:00 p.m.
Eastern on June 20, 2025.
b. Real Property: The real property located at 815 W. Kerr Street,
Salisbury, North Carolina (PIN: 5760-13-14-6264) and 702 Holmes
Street, Salisbury, North Carolina (PIN: 5760-13-24-0118), as more
specifically set forth in the North Carolina General Warranty Deed
recorded on March 20, 2014, at Book 1232, Page 917 of the Rowan
County Register of Deeds, together with all fixtures or equipment
affixed thereto. The sale of the Real Property will be subject to
confirmation by the Court, by public auction commencing at 8:00
a.m. Eastern on June 13, 2025, and concluding at 12 noon Eastern on
June 20, 2025.
c. Requesting a hearing to consider confirmation of the proposed
sale of the Real Property on June 24, 2025.
The Debtor further proposes to authorize and schedule an auction
for the sale of the Personal Property and the Real Property as set
forth in the Motion as modified and schedule a hearing to consider
confirmation of the proposed sale of the Real Property on June 24,
2025.
About Freirich Foods, Inc.
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.
GENERAL ENTERPRISE: CFO Nanuk Warman Reports 1MM Underlying Shares
------------------------------------------------------------------
Nanuk Warman, CFO and Secretary of General Enterprise Ventures,
Inc., disclosed in a Form 3 filed with the U.S. Securities and
Exchange Commission that as of April 16, 2025, he beneficially
owned 1,000,000 shares of Common Stock underlying Series C
Convertible Preferred Stock, held indirectly as sole owner of Nanuk
Warman CPA, Inc., with each preferred share convertible into 20
shares of Common Stock and no expiration date.
A full-text copy of Mr. Warman's SEC report is available at:
https://tinyurl.com/46ru2njf
About General Enterprise
Headquartered in Cheyenne, WY, General Enterprise Ventures, Inc. is
an environmentally sustainable flame retardant and flame
suppression company for the residential home industry throughout
the United States and international markets. The Company acquired
Mighty Fire Breaker, LLC on April 13, 2022, and formed Mighty Fire
Breaker UK Ltd. on November 14, 2022. MFB owns 39 patents and
patents pending for environmentally sustainable flame retardant and
flame suppression technology. MFB's products are currently being
sold to fire departments in the State of California.
San Mateo, California-based WWC, P.C., the Company's auditor since
2024, issued a "going concern" qualification in its report dated
Mar. 31, 2025, attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that Company has suffered
recurring losses from operations and has a working capital deficit
that raise substantial doubt about its ability to continue as a
going concern. The Company has incurred losses since inception and
has a net loss of approximately $6.9 million and revenue of $0.8
million for the year ended December 31, 2024. The Company also has
a working capital deficiency of approximately $0.5 million as of
December 31, 2024. In addition, the Company has been dependent on
related parties to fund operations and has an amount owing to
related parties of $0.6 million outstanding at December 31, 2024.
GIRARDI & KEESE: Tom Hospitalized, Will Miss Mental Test Hearing
----------------------------------------------------------------
Craig Clough of Law360 Bankruptcy Authority reports that disbarred
attorney Tom Girardi was hospitalized on Wednesday, May 7, 2025,
due to a liver issue and will be unable to appear at a mental
competency hearing scheduled for Thursday before a California
federal judge, his attorneys said in a court filing.
About Girardi & Keese
Girardi and Keese or Girardi & Keese was a Los Angeles-based law
firm founded in 1965 by lawyers Thomas Girardi and Robert Keese. It
served clients in California in a variety of legal areas. It was
known for representing plaintiffs against major corporations.
An involuntary Chapter 7 petition (Bankr. C.D. Cal. Case No.
20-21022) was filed in December 2020 against GIRARDI & KEESE by
alleged creditors Jill O'Callahan, Robert M. Keese, John Abassian,
Erika Saldana, Virginia Antonio, and Kimberly Archie.
The petitioners' attorneys is Andrew Goodman, at Goodman Law
Offices, Apc.
Elissa D. Miller, a member of the firm SulmeyerKupetz, has been
appointed as Chapter 7 trustee for GIRARDI KEESE.
GLOBAL CONCESSIONS: Hires Thompson Hine LLP as Special Counsel
--------------------------------------------------------------
Global Concessions, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Georgia to employ Thompson Hine,
LLP as special counsel.
The firm will provide these services:
a. assist with corporate and transactional matters;
b. negotiate contracts with vendors;
c. advise regarding leases, franchise agreements, and related
matters;
d. prepare and interpret governing documents; and
e. render related legal advice.
The firm will be paid at the rate of $795 per hour.
The firm is owed approximately $103,564.50 on account of services
rendered and expenses incurred prior to the Petition Date in
connection with the firm's employment by the Debtor pre-petition.
The firm has not agreed to waive this claim, and as special counsel
it is not required to do so.
Coleman, 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:
Michael V. Coleman, Esq.
Thompson Hine, LLP
Two Alliance Center
3560 Lenox Road NE, Suite 1600
Atlanta, GA 30326
Tel: (404) 541-2900
Email: michael.coleman@thompsonhine.com
About Global Concessions, Inc.
Global Concessions Inc., established in 1990 and headquartered in
Atlanta, Georgia, specializes in operating food and beverage
concessions, primarily within major transportation hubs across the
United States. The Company has expanded its portfolio to include a
diverse range of dining experiences, from quick-service
partnerships with renowned brands like IHOP Express, Ben & Jerry's,
and Nathan's Famous, to unique, stand-alone restaurants such as
Sweet Georgia's Juke Joint and One Flew South.
Global Concessions Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-53640) on April 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million.
The Debtor tapped Benjamin Keck, Esq., at Keck Legal, LLC as
counsel and GlassRatner Advisory & Capital Group, LLC, doing
business as B. Riley Advisory Services, as restructuring advisor.
GMS INC: S&P Alters Outlook to Stable, Affirms 'BB-' ICR
--------------------------------------------------------
S&P Global Ratings revised its outlook on GMS Inc. to stable from
positive and affirmed its 'BB-' issuer credit rating on the
company, as well as the 'BB-' and 'B' issue-level ratings on the
company's senior secured and senior unsecured debt, respectively.
The stable outlook reflects S&P's expectations that S&P Global
Ratings-adjusted leverage will be sustained at 3x-4x over the next
12 months.
S&P said, "Softer-than-expected business conditions have
deteriorated earnings such that S&P Global Ratings-adjusted
leverage to rise back to the 3x-4x range, reversing any improvement
in credit quality and we do not expect a quick rebound in credit
measures over the next 12 months. Given our view of weakened
macroeconomic conditions, we expect overall reduced construction
activities across both residential and commercial end markets.
While we expect the company could have somewhat flat to slightly
positive overall price realizations, we expect organic sales
volumes will remain weak over the next three to four quarters. As
such, we expect GMS Inc.'s revenue in fiscal years 2025 and 2026
(including the full-year impact from past acquisitions) could be
$5.5 billion-$5.8 billion, S&P Global Ratings-adjusted earnings
could be $550 million-$575 million and S&P Global Ratings-adjusted
EBITDA margins could be closer to 10%, due to an unfavorable
price-cost mix. Further, we expect the company will end fiscal 2025
with S&P Global Ratings-adjusted leverage of 3.0x-3.5x, and it
could possibly remain at those levels over the next fiscal year.
"S&P Global Ratings-adjusted leverage for 12 months ended Jan. 31,
2025, was 3x, compared to our expectations of being well within our
2x-3x range, while revenues and S&P Global Ratings-adjusted
earnings were about 5%, which is 15% lower than our expectations.
We believe the company's topline has been affected by weaker price
realizations on steel products as well as generally slower
residential construction from higher rates and affordability
challenges, combined with continued softness in nonresidential
markets including multifamily, office, and retail.
"We believe GMS' business, earnings, and cash flows are susceptible
to volatility from cyclical end markets and commodity costs. The
recent performance further demonstrates this inherent cyclicality
in the company's earnings. For instance, S&P Global
Ratings-adjusted earnings were at their peak of $710 million as of
fiscal year end 2023, when market conditions were very favorable;
now we expect earnings will be more than 20% lower at fiscal
year-end 2025. While the company's overall scale and earnings base
has significantly expanded over the last few years due to organic
growth and acquisitions, its overall product focus remains
relatively niche-focused toward wallboard, structural steel,
ceiling systems, and complementary products, when compared to
larger general building material distributors. We believe smaller,
less-diversified companies are more prone to volatility,
particularly during times of economic stress.
"Nonetheless, we recognize that improved scale in a highly
fragmented and intensely competitive industry, such as building
materials distribution, help increase competitive advantages and
improve profitability. Therefore, we believe the company's business
and operating prospects could continue to benefit from this growth
in the longer term.
"We believe the company's free cash generation and liquidity remain
strong and credit measures contain some credit cushion, providing
support against any further deterioration in credit quality. We
expect GMS will generate $340 million-$360 million in operating
cash flow annually over the next two years. That, combined with the
company's cash on hand and availability under its credit facility,
drive our favorable view of its liquidity. Further, we expect S&P
Global Ratings-adjusted leverage could remain at the better end of
the 3x-4x range despite current business conditions, providing some
credit buffer against downside risks. However, financial policy and
capital allocation priorities are key in maintaining credit quality
through tougher business conditions. We expect the company will
maintain financial prudence while making capital allocation
decisions around organic and inorganic growth, as well as
shareholder returns and preserving cash and balance sheet strength
against challenging business conditions.
"The stable outlook on GMS indicates our view the company can
sustain S&P Global Ratings-adjusted leverage of 3x-4x through a
business and construction cycle, while maintaining operating cash
flow (OCF) to debt of 15%-25%."
S&P may lower its ratings over the next 12 months if:
-- S&P Global Ratings-adjusted EBITDA is more than 20% lower than
S&P's base-case scenario, causing S&P Global Ratings-adjusted
leverage to rise above 4x; or
-- OCF to debt falls below 15%.
This could occur in a severe recession that drastically slows down
demand for GMS' products or if elevated cost inflation that it
cannot pass on compresses its margins to under 10% on a sustained
basis. This could also occur if the company undertakes a more
aggressive financial policy, such as debt-financed acquisitions or
shareholder-friendly actions, such that leverage rises above 4x
with little prospect of a rapid recovery.
S&P could raise its ratings over the next 12 months if:
-- The company demonstrates a track record of maintaining S&P
Global Ratings-adjusted leverage of 2x-3x and OCF to debt of over
25%, based on its S&P Global Ratings-adjusted EBITDA margins
sustained around 12% and its financial policy actions; and
-- S&P believes it can sustain these credit measures even during
weaker market conditions.
GRANITE CITY: Hires Michael T. Bowers as Accountant
---------------------------------------------------
Granite City Mechanical, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of North Carolina to
employ Michael T. Bowers, CPA, an accountant practicing in
Gastonia, N.C., as accountant.
The firm will provide accounting services, assist the Debtor with
regards to insolvency analysis, and assist in plan formation.
The firm will be paid at these rates:
Partner $300 per hour
Bookkeeper $85 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael T. Bowers, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Michael T. Bowers, CPA
219 Wilmot Dr.
Gastonia, NC 28054
Telephone: (704) 867-2394
Facsimile: (704) 867-5303
Email: mbowers@mbcpafirm.com
About Granite City Mechanical
Granite City Mechanical Inc. is a mechanical contractor in Mount
Airy, North Carolina.
Granite City Mechanical Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 24-50323) on Aug.
30, 2024. In the petition signed by Sherri Fore, as officer, the
Debtor estimated assets between $500,000 and $1 million and
estimated liabilities between $1 million and $10 million.
The Honorable Bankruptcy Judge Laura T. Beyer oversees the case.
The Debtor is represented by:
John C. Woodman, Esq.
ESSEX RICHARDS PA
1701 South Boulevard
Charlotte, NC 28203
Tel: (704) 377-4300
Fax: (704) 372-1357
Email: jwoodman@essexrichads.com
GREEN TERRACE: Hires Berger Singerman LLP as Bankruptcy Counsel
---------------------------------------------------------------
Green Terrace Condominium Association Inc. seeks approval from U.S.
Bankruptcy Court for the Southern District of Florida to hire the
Law Firm of Berger Singerman LLP as bankruptcy 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 United States Trustee’s Operating Guidelines
and Reporting Requirements and with the rules of the Court;
(c) prepare motions, pleadings, draft orders, applications,
adversary proceedings, and other legal documents necessary for the
efficient administration of this case;
(d) protect the interests of the Debtor in all matters pending
before the Court; and
(e) represent the Debtor in negotiations with its creditors
and in the preparation of a plan.
The firm will be paid at these rates:
Attorneys $450 to $925 per hour
Of Counsel & Associate Attorneys $450 to $675 per hour
Legal Assistants/Paralegals $125 to $425 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm requested a $120,000 security retainer.
Michael J. Niles, Esq., a partner at Berger Singerman, 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 through:
Michael J. Niles, Esq.
Paul A. Avron, Esq.
BERGER SINGERMAN LLP
201 E. Las Olas Boulevard, Suite 1500
Fort Lauderdale, FL 33301
Telephone: (954) 525-9900
Facsimile: (954) 523-2872
Email: nmiles@bergersingerman.com
Email: pavron@bergersingerman.com
About Green Terrace Condominium Association Inc.
Green Terrace Condominium Association Inc. is a not-for-profit
corporation established in 1973 that manages Green Terrace
Condominiums, a two-story residential complex in West Palm Beach,
Florida. The association oversees amenities including a community
pool, clubhouse, and parking, and permits rentals under specific
restrictions.
Green Terrace Condominium Association Inc. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-14568) 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.
Honorable Bankruptcy Judge Mindy A. Mora handles the case.
The Debtor is represented by Michael J. Niles, Esq. at BERGER
SINGERMAN LLP.
GREENWAVE TECHNOLOGY: Posts $23.9 Million Net Loss for FY 2024
--------------------------------------------------------------
Greenwave Technology Solutions, Inc. filed with the U.S. Securities
and Exchange Commission its Annual Report on Form 10-K reporting
net loss of $23,917,353 on $33,315,859 of revenues for the year
ended December 31, 2024, compared to a net loss of $26,935,990 on
$35,667,982 of revenues for the year ended December 31, 2023.
As of December 31, 2024, the Company had cash of $2,576,464 and a
working capital deficit (current liabilities in excess of current
assets) of $(13,453,459). During the year ended December 31, 2024,
the net cash used in operating activities was $(17,254,723). The
accumulated deficit as of December 31, 2024, was $(496,312,346).
During the year ended December 31, 2024, there were proceeds from
warrant exercises of $2,834,741, proceeds from the sale of common
stock and warrants of $40,369,115, proceeds from bank overdrafts of
$112,933, and proceeds from factoring advances of $2,843,950.
New York, N.Y.-based RBSM LLP, 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 net
loss, has generated negative cash flows from operating activities,
has an accumulated deficit and has stated that substantial doubt
exists about Company's ability to continue as a going concern.
If the Company raises additional funds by issuing equity
securities, its stockholders will experience dilution. Additional
debt financing, if available, may involve covenants restricting its
operations or its ability to incur additional debt. Any additional
debt financing or additional equity that the Company raises may
contain terms that are not favorable to it or its stockholders and
require significant debt service payments, which diverts resources
from other activities. The Company's ability to raise additional
capital will be impacted by market conditions and the price of the
Company's common stock.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/3z8t2ba6
About Greenwave
As an operator of 13 metal recycling facilities, Greenwave
Technology Solutions, Inc. (Nasdaq: GWAV) supplies leading steel
mills and industrial conglomerates with ferrous and non-ferrous
metal. With steel being one of the most recycled materials
worldwide, Greenwave supplies the raw metal utilized in critical
infrastructure projects and U.S. warships vital to American
national security interests. Headquartered in Chesapeake, VA, the
Company has 167 employees with metal recycling operations across
Virginia, North Carolina, and Ohio. For detailed financials and
updates, visit www.GWAV.com.
As of Dec. 31, 2024, the Company had $63,087,617 in total assets,
$26,132,634 in total liabilities, and a total stockholders' equity
of $36,954,983.
GREIF INC: Egan-Jones Cuts Senior Unsecured Ratings to BB+
----------------------------------------------------------
Egan-Jones Ratings Company on April 29, 2025, downgraded the
foreign currency and local currency senior unsecured ratings on
debt issued by Greif, Inc. to BB+ from BBB-.
Headquartered in Delaware, Ohio, Greif, Inc. manufactures and
markets industrial packaging products and services.
HALL OF FAME: Fails to Meet Nasdaq's Minimum Bid Requirement
------------------------------------------------------------
Hall of Fame Resort & Entertainment Company disclosed in a Form 8-K
Report filed with the U.S. Securities and Exchange Commission that
it received a deficiency letter from the Listing Qualifications
Department of the Nasdaq Stock Market LLC notifying the Company
that, for 30 consecutive business days prior to April 10, 2025, the
bid price for the Company's common stock had closed below $1.00 per
share, which is the minimum bid price required to maintain
continued listing on the Nasdaq Capital Market under Nasdaq Listing
Rule 5550(a)(2).
The Notice has no immediate effect on the listing of the Common
Stock. In accordance with Nasdaq Listing Rule 5810(c)(3)(A), the
Company has 180 calendar days to regain compliance with the Minimum
Bid Requirement. To regain compliance, the closing bid price of the
Common Stock must be at least $1.00 per share for a minimum of ten
consecutive business days during this 180-day period, at which time
the Staff will provide written notification to the Company that it
complies with the Minimum Bid Requirement, unless the Staff
exercises its discretion to extend this ten-day period pursuant to
Nasdaq Listing Rule 5810(c)(3)(H). The compliance period for the
Company will expire on October 7, 2025.
If the Company does not regain compliance with the Minimum Bid
Requirement during the initial 180 calendar day period, the Company
may be eligible for an additional 180 calendar day compliance
period. To qualify, the Company would be required to meet the
continued listing requirement for market value of publicly held
shares and all other initial listing standards for the Nasdaq
Capital Market, with the exception of the Minimum Bid Requirement,
and would need to provide written notice of its intention to cure
the deficiency during the second compliance period, by effecting a
reverse stock split, if necessary. However, if it appears to the
Staff that the Company will not be able to cure the deficiency, or
if the Company does not meet the other listing standards, the Staff
could provide notice that the Common Stock will become subject to
delisting. In the event the Company receives notice that its Common
Stock is being delisted, Nasdaq rules permit the Company to appeal
any delisting determination by the Staff to a Hearings Panel (the
"Panel"). The Company expects that its Common Stock would remain
listed pending the Panel's decision. However, there can be no
assurance that, if the Company does appeal the delisting
determination by the Staff to the Panel, that such appeal would be
successful, or that the Company will be able to regain compliance
with the Minimum Bid Requirement or maintain compliance with the
other listing requirements. If the Common Stock ceases to be listed
for trading on the Nasdaq Capital Market, the Company would expect
that the Common Stock would be traded on one of the three tiered
marketplaces of the OTC Markets Group.
The Company intends to actively monitor the closing bid price of
the Common Stock and will evaluate available options to regain
compliance with the Minimum Bid Requirement.
About Hall of Fame Resort
Hall of Fame Resort & Entertainment Co. is a resort and
entertainment company leveraging the power and popularity of
professional football and its legendary players in partnership with
the National Football Museum, Inc., doing business as the Pro
Football Hall of Fame. Headquartered in Canton, Ohio, the Company
owns the DoubleTree by Hilton located in downtown Canton and the
Hall of Fame Village, which is a multi-use sports, entertainment,
and media destination centered around the PFHOF's campus.
Cleveland, Ohio-based Grant Thornton LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated Mar. 26, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has sustained recurring losses through December 31, 2024 and
utilized cash from operations of $10.9 million during the year
ended December 31, 2024. The Company has $109.5 million of debt due
through December 31, 2025, and will need to raise additional
financing to accomplish its development plans and fund its working
capital. These conditions, along with other matters, raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, the Company had $366.7 million in total
assets, $294.5 million in total liabilities, and a total equity of
$72.2 million. The Company's accumulated deficit was $273.6 million
as of December 31, 2024.
HARVEST SHERWOOD: Case Summary & 30 Largest Unsecured Creditors
---------------------------------------------------------------
Lead Debtor: Harvest Sherwood Food Distributors, Inc.
Sand Dollar Holdings, Inc.
1209 Orange Street
Wilmington DE 19801
Business Description: Harvest Sherwood is a U.S.-based national
food distribution company formed through the
merger of Sherwood Food Distributors and
Harvest Food Distributors. It operates 14
distribution centers and delivers over 32
million pounds of food weekly to customers
including retailers, cruise lines, and food
service providers. In early 2025, the
Company initiated the wind-down of its
operations and is pursuing asset sales
through Chapter 11 proceedings to facilitate
an orderly wind down of its estates.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Thirteen affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Harvest Sherwood Food Distributors, Inc. (Lead) 25-80109
Harvest Meat Company, Inc. 25-80108
Sherwood Food Distributors, L.L.C. 25-80110
Cascade Food Brokers, Inc. 25-80111
Del Mar Acquisition Inc. 25-80112
Del Mar Holding LLC 25-80113
Hamilton Meat, LLC 25-80114
LAMCP Capital, LLC 25-80115
SFD Acquisition LLC 25-80116
SFD Company LLC 25-80117
SFD Transportation Corp. 25-80118
Surfliner Holdings, Inc 25-80119
Western Boxed Meats Distribution, Inc 25-80120
Judge: Hon. Stacey G Jernigan
Debtors'
General
Bankruptcy
Counsel: Thomas R. Califano, Esq.
Chelsea McManus, Esq.
SIDNEY AUSTIN LLP
2021 McKinney Avenue, Suite 2000
Dallas TX 75201
Tel: (214) 981-3300
Email: tom.califano@sidley.com
cmcmanus@sidley.com
- and -
Stephen Hessler, Esq.
Anthony R. Grossi, Esq.
SIDLEY AUSTIN LLP
787 Seventh Avenue
New York, New York 10019
Tel: (212) 839-5300
Fax: (212) 839-5599
Email: shessler@sidley.com
agrossi@sidley.com
jhufendick@sidley.com
- and -
Jason L. Hufendick, Esq.
Ryan Fink, Esq.
Daniela Rakowski, Esq.
SIDLEY AUSTIN LLP
One South Dearborn
Chicago, Illinois 60603
Tel: (312) 853-7000
Fax: (312) 853-7036
Email: jhufendick@sidley.com
ryan.fink@sidley.com
drakowski@sidley.com
Debtors'
Financial
Advisor: MERU, LLC
Debtors'
Restructuring
Advisor: HILCO COMMERCIAL INDUSTRIAL, LLC
AND HILCO RECEIVABLES, LLC
Debtors'
Noticing &
Claims
Agent: EPIQ CORPORATE RESTRUCTURING, LLC
Estimated Assets: $1 billion to $10 billion
Estimated Liabilities: $500 million to $1 billion
Eric Kaup signed the petitions as chief restructuring officer.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/AS77SKA/Harvest_Sherwood_Food_Distributors__txnbke-25-80109__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Burford Capital Unsecured Loan $35,000,000
609 W. Randolph Street
Chicago, IL 60661
Contact: Mark Klein
Phone: 312-757-6070
Email: mklein@burfordcapital.com
2. National Beef Packing Co. Trade Claim $15,571,352
12200 North Ambassador Drive
Kansas City, MO 64163-1244
Contact: Pat Mies
Phone: 800-449-2333
Email: pat.mies@nationalbeef.com
3. Tyson Foods, Inc. Trade Claim $13,065,908
2200 W. Dontysonparkway
Springdale, AR 72762
Contact: Adam Deckinger
Phone: 479-299-4501
Email: tysonir@tyson.com;
tysonfoodspr@tyson.com
4. Pitman Farms, Inc. Trade Claim $11,695,061
1075 North Ave.
Sanger, CA 93657
Contact: Richie King
Phone: 559-875-9300
5. AB Foods, LLC Trade Claim $8,289,668
1555 Shoreline Drive
Suite 320
Boise, ID 83702
Contact: Daniel Quezada
Phone: 208-388-1200
Email: fsrc@agribeef.com
6. JBS USA, LLC Trade Claim $8,108,328
1770 Promontory Circle
Greeley, CO 80634-9039
Contact: Kim Pryor, Sandy Adams
Phone: 970-506-8000
Email: sandy.adams@jbssa.com
7. True West Beef Trade Claim $3,625,299
6026 Us-93
Jerome, ID 83338
Contact: Scott Barrier
Phone: 208-933-9000
8. Dutch Farms, Inc. Trade Claim $3,458,167
700 E 107th Street
Chicago, IL 60628
Contact: Bruce Boomsma
Phone: 773.260.9102
9. Bar-S Foods Co. Trade Claim $3,062,692
3838 N Central Ave
Suite 1900
Phoenix, AZ 85012
Contact: General Counsel
Phone: 602-264-7272
Email: customerservice@bar-s.com
10. Hormel Foods Sales, LLC Trade Claim $2,518,791
1 Hormel Place
Austin, MN 55912-3673
Contact: Colleen Batcheler
Phone: 507-437-5012
Email: media@hormel.com
11. Perdue Farms, Inc. Trade Claim $2,485,889
31149 Old Ocean City Rd
Salisbury, MD 21804
Contact: Herb Frerichs
Phone: 800-457-3738
Email: corpcomm@perdue.com
12. Indiana Packers Corp. Trade Claim $2,462,524
550 Metroplex Drice
Nashville, TN 37211-7230
Contact: Russ Yearwood
Phone: 765.564.3680
Email: sales@inpac.com;
procurement@inpac.com
13. Butterball, LLC Trade Claim $2,314,642
501 North Oak Forest Road
Goldsboro, NC 27534
Contact: Brett Warlow
Phone: 919-921-9717
Email: butterballmedia@edelman.com
14. Southwind Foods, LLC Trade Claim $2,289,726
20704 Fordyce Ave
Carson, CA 90810
Contact: Sam Galletti
Phone: 323-262-8222
Email: sgalletti@southwindfoods.com
15. Viz Cattle Corp. Trade Claim $2,180,471
17890 Castleton St
Suite 350
City Of Industry, CA 91748
Contact: Rogelio Salinas
Phone: 855-203-9906
Email: areceivables@sukarne.com;
rsalinas@sukarneglobal.com
16. Coleman Natural Foods Trade Claim $2,004,312
31149 Old Ocean City Rd
Salisbury, MD 21804
Contact: Susan Nelson
Phone: 303-736-5816
Email: susan.nelson@perdue.com
17. E&E Foods, LLC Trade Claim $1,959,459
801 South Fidalgo Suite 100
Seattle, WA 98108
Contact: Tab Goto
Phone: 206-768-8979
Email: sales@eefoods.com
18. American Foods Co. Trade Claim $1,899,162
2209 Jefferson St., 301
Alexandria, MN 56308
Contact: General Counsel
Phone: 320-759-5904
19. Pilgrims Pride Corp. Trade Claim $1,775,241
10035 East 40th Ave, Suite 100
Denver, CO 80238
Contact: Fabio Sandri
Phone: 970-506-8057
20. Greater Omaha Packing Co., Inc. Trade Claim $1,751,728
3001 L St
Omaha, NE 68107
Contact: Henry Davis
21. Next Phase Enterprises Trade Claim $1,686,921
4020 E Indian School Rd
Phoenix, AZ 85018
Contact: Mike Parker
22. Hartley Foods, Inc. Trade Claim $1,672,040
3550 Lakeline Blvd
Ste 170-1702
Leander, TX 78641
Contact: J. Hartley
Phone: 512-917-0808
Email: jhartley225@gmail.com
23. Mountaire Farms, Inc. Trade Claim $1,645,555
29005 John J Williams Hwy
Millsboro, DE 19966
Contact: Len Nicholson
Phone: 501-399-8891
Email: sby-cashsales@mountaire.com
24. Nebraska Beef, Ltd. Trade Claim $1,633,324
4501 South 36th Street
Omaha, NE 68107
Contact: General Counsel
Phone: 402-733-0412
25. Driftless Meats, LLC Trade Claim $1,497,788
331 3rd St Nw
Waucoma, IA 52171
Contact: Erin Golly, Van
Der Rose Farms
Phone: 855-657-1123
26. Force Of Nature, LLC Trade Claim $1,389,921
1902 S Congress Ave
Suite D
Austin, TX 78704
Contact: Marshall Seedorff
Phone: 770-715-8240
Email: marshall@forceofnaturemeats.com
27. Mary Ann Specialty Foods, Inc. Trade Claim $1,362,829
1511 E 2nd St
Webster City, IA 50595
Contact: P. Netzel
Phone: 515-832-4740
Email: pnetzel@maryannsfoods.com
28. Globetrotter Transportation, Inc. Trade Claim $1,356,475
18 Glanmoore Loop
Elkins, WV 26241
Contact: J. White
Phone: 888-370-4306
Email: jwhite@globetrottertrans.com
29. Koch Foods, Inc. Trade Claim $1,349,151
1300 Higgins Road
Park Ridge, IL 60068
Contact: General Counsel
Phone: 800-692-4548
Email: consumer@kochfoods.com
30. Cuisine Solutions, Inc. Trade Claim $1,275,263
22445 Sous Vide Lane
Suite 100
Sterling, VA 20166
Contact: C. Panait
Phone: 703-270-2940
Email: cpanait@cuisinesolutions.com
HARVEST SHERWOOD: Files for Chapter 11 to Complete Wind-Down
------------------------------------------------------------
Harvest Sherwood Food Distributors, Inc., which became one of the
nation's largest food distributors with the 2017 merger of Sherwood
Food Distributors and Harvest Food Distributors, has sought Chapter
11 protection to complete its wind-down process.
Prior to the Petition Date, Harvest Sherwood was the largest
independent wholesale food distributor in the United States with
approximately $4 billion of annual revenue. Through its vast
network of 14 distribution centers, Harvest Sherwood shipped over
32 million pounds of food per week to protein and perishable food
producers, independent food retailers, regional and national retail
chains, cruise lines, and food service customers throughout the
United States.
Hilco Global's Eric Kaup, who was appointed as CRO of the Debtor,
explains that various industry headwinds and operational challenges
prompted the Company to evaluate strategic options with respect to
its capital structure, liquidity, and go forward operations. Since
mid-2024, with the support of its Advisors (and other third-party
professionals), the Company actively pursued strategic alternatives
to maximize the value of its assets, including potential sale,
restructuring and/or financing transactions. Pursuit of these
options included, among other things, commencement of a fulsome
marketing and sale process run by Houlihan for all or a portion of
the Company's assets.
Simultaneously, the Company engaged in negotiations with its ABL
Lenders and third-parties regarding incremental liquidity to
preserve the Company as a going concern.
Notwithstanding these efforts, the Company experienced numerous
operational challenges, including the prospective loss of a major
customer, Sprouts Farmers Market, and a key industry credit rating
downgrade. These events were immediately followed by Sprouts
withholding tens of millions of dollars of payments owed to the
Company for goods previously shipped (among other vendor and
customer holds). This sudden loss of operational revenue rendered
all potential strategic alternatives unactionable as the Company no
longer had sufficient operational liquidity to continue evaluating
and/or progressing a go-forward comprehensive sale transaction.
Consequently, in mid-February 2025, the Company, with the support
of its ABL Lenders, commenced an orderly winddown process to
liquidate its remaining inventory, collect on its accounts
receivable, and transition certain of its national distribution
centers to new operators (collectively, the "Winddown Process").
The winddown process is well-underway, and the Company has
completed the sale of substantially all its remaining inventory.
In February 2025, the Company provided notice to its employee base
in accordance with the Federal Worker Adjustment and Retraining
Notification Act, 29 U.S.C. 2101 et seq., and state equivalents
(collectively, the "WARN Act") that it would shut down all
operations by April 21, 2025, with employees remaining on payroll
and benefits through that date. Accordingly, the Company has
ceased ordinary course operations, is primarily pursuing collection
of certain accounts receivable and monetization of the Litigation
Assets, and further anticipates completing the sale of its
remaining key facility in Dallas, Texas during the Chapter 11
cases.
The Company commences the Chapter 11 Cases with the support of its
ABL Lenders and the Ad Hoc Unsecured Creditors' Committee to
conclude its orderly Winddown Process and maximize the value of its
assets for the benefit of all of its stakeholders. This
value-maximizing process includes the pursuit of certain valuable
litigation claims, including the Anti-Trust Litigation Assets,
Sprouts Litigation Assets, and Goodman Litigation Assets that could
serve as the foundation for a material recovery to unsecured
creditors.
About Harvest Sherwood
Harvest Sherwood is a U.S.-based national food distribution company
formed through the merger of Sherwood Food Distributors and Harvest
Food Distributors. It operates 14 distribution centers and
delivers over 32 million pounds of food weekly to customers
including retailers, cruise lines, and food service providers. In
early 2025, the Company initiated the wind-down of its operations
and is pursuing asset sales through Chapter 11 proceedings to
facilitate an orderly wind down of its estates.
On May 5, 2025, Harvest Sherwood Food Distributors, Inc., and its
affiliates sought Chapter 11 protection (Bankr. N.D. Tex. Lead Case
No. 25-80109). The Hon. Stacey G Jernigan is the case judge.
Harvest Sherwood listed $1 billion to $10 billion in assets against
$500 million to $1 billion in liabilities as of the bankruptcy
filing.
The Debtors tapped SIDNEY AUSTIN LLP as general bankruptcy counsel,
MERU, LLC, as financial advisor, and HILCO COMMERCIAL INDUSTRIAL,
LLC AND HILCO RECEIVABLES, LLC, as restructuring advisor. EPIQ
CORPORATE RESTRUCTURING, LLC, is the claims agent.
HAWAII STAGE: Court Confirms Small Business Debtor's Plan
---------------------------------------------------------
The Honorable Robert J. Faris of the United States Bankruptcy Court
for the District of Hawaii confirmed Hawaii Stage and Lighting
Rentals, Inc.'s First Amended Small Business Debtor's Plan of
Reorganization.
The Plan designates seven Classes of Claims and one Class of Equity
Interests. The Claims and Equity Interests placed in each Class are
substantially similar to other Claims and Interests, as the case
may be, in each such Class. Valid business, factual, and legal
reasons exist for separately classifying the various classes of
claims and Interests created under the Plan.
The Plan specifies that Classes 2, 4, 5, and 7 are not impaired
under the Plan, thereby satisfying section 1123(a)(2) of the
Bankruptcy Code. Said Classes are deemed to have accepted the Plan
because they are not impaired under the Plan.
The Plan designates that Classes 1 (First Hawaiian Bank ("FHB")), 3
(HHI), 4A (Huntington Bank), and 6 (general unsecured class) are
impaired, and specifies the treatment of Claims in those Classes,
thereby satisfying section 1123(a)(3) of the Bankruptcy Code.
Votes to accept and reject the Plan have been solicited from
Creditors holding Claims in Classes 1 (FHB), 3 (HHI), 4A
(Huntington Bank), and 6 (general unsecured class).
Classes 3, 4A and 6 have voted to accept the Plan, pursuant to
Section 1126(c) of the Bankruptcy Code.
The Plan provides for the same treatment of each Claim or Equity
Interest in each respective Class, unless the Holder of a
particular Claim or Equity Interest has agreed to a less favorable
treatment of such Claim or Equity Interest, thereby satisfying
section 1123(a)(4) of the Bankruptcy Code.
The Plan provides for adequate and proper means for its
implementation through the proceeds of a secured loan from Hawaii
Holding and Investments, LLC in the approximate amount of $350,000.
The provisions governing the making of distributions and payments,
the distribution procedures, mechanisms and proposed allocations
are necessary, fair, reasonable and appropriate. This Court's
approval of the DIP Motion on a final basis provides assurance that
the Debtor will have sufficient cash available to implement the
Plan.
The Debtor has demonstrated adequate assurance of future
performance with respect to any assumed executory contracts and
leases pursuant to Bankruptcy Code section 365. No party to an
executory contract has objected to the Plan or the assumption of
any executory contract.
The Debtor has exercised sound and considered business judgment in
the formulation of the Plan. The Debtor has demonstrated sound
business purpose and justification for the Plan, pursuant to
Bankruptcy Code section 363(b).
Because the four impaired classes (Classes 1 (FHB), 3 (HHI), 4A
(Huntington National Bank), and 6 (general unsecured creditors))
voted to accept the Plan, it may be confirmed as a "consensual
plan" within the meaning of Section 1191(a) provided all the
requirements of Section 1129(a), other than 1129(a)(15), are met.
The Plan satisfies the requirements for confirmation set forth in
sections 1129, 1190 and 1191 of the Bankruptcy Code.
The Debtor has proposed the Plan in good faith and not by any means
forbidden by law, thereby satisfying section 1129(a)(3) of the
Bankruptcy Code. The Plan was proposed with the legitimate and
honest purpose of maximizing the value of the Debtor's Estate, to
satisfy substantial obligations of the Debtor, and to effectuate a
successful reorganization of the Debtor. The good faith of the
Debtor is evident from the facts and records of this case, the
Plan, the record of the Confirmation Hearing and other proceedings
held in this case.
A copy of the Court's decision dated May 1, 2025, is available at
https://urlcurt.com/u?l=BI5TVu from PacerMonitor.com.
About Hawaii Stage and Lighting Rentals
Hawaii Stage and Lighting Rentals Inc., doing business as Hawaii
Stage and Hawaii Stage Event Production Company, is a full service
event production company serving the Hawaiian Islands since 1976.
Hawaii Stage and Lighting Rentals Inc. sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Haw. Case No. 24-01132)
on Dec. 14, 2024. In the petition filed by Joseph Kuhio Lewis,
president, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Judge Robert J. Faris handles the case.
Allison A. Ito, Esq., at Choi & Ito, serves as the Debtor's
counsel.
HAYS TABERNACLE: Seeks to Hire Compass as Real Estate Broker
------------------------------------------------------------
Hays Tabernacle CME Church seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Compass as
real estate broker.
The Debtor needs a real estate broker to sell its property located
at 11407 East Kramer Drive, Carson, Los Angeles, California.
The firm will receive a commission of 2.5 percent of the property's
listing price.
Matthew O'Keefe, a real estate agent at Compass, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Matthew O'Keefe
Compass
11601 Wilshire Blvd., Ste. 101
Los Angeles, CA 90025
Telephone: (310) 429-4552
About Hays Tabernacle CME Church
Hays Tabernacle CME Church sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 24-18171) on
October 7, 2024. In the petition filed by Rev. Dr. Phillip D.
Washington, the Debtor disclosed estimated assets and liabilities
between $1 million and $10 million.
The Debtor tapped Shumika T. R. Sookdeo, Esq., at Robinson Sookdeo
Law as bankruptcy counsel and Liner Freedman Taitelman + Cooley,
LLP as special litigation counsel. GlassRatner Advisory & Capital
Group, LLC, doing business as B. Riley Advisory Services, is the
Debtor's financial advisor consultant and expert witness.
HIGHRISE ELECTRICAL: Available Cash & Sale Proceeds to Fund Plan
----------------------------------------------------------------
Highrise Electrical Technologies Inc. filed with the U.S.
Bankruptcy Court for the Southern District of Texas a Plan of
Liquidation dated April 4, 2025.
HRE is an electrical contractor firm that offers budgeting,
re-model, computerized estimating, and turn-key installation. HRE
was founded by its owner and president, Ron Eitze, and his (now
deceased) partner, Paul Blount, in 1993.
HRE's headquarters and sole office is at 10702 Fallstone Rd.,
Houston Texas, 77099. On the petition date, the Debtor was a
subcontractor on approximately 23 active commercial real estate
improvements projects in the greater Houston area.
Class 8 consists of the Allowed Claims of General Unsecured
Creditors. The Allowed Class 8 General Unsecured Claims shall be
paid, without interest, a pro rata share from the Debtor's
remaining cash after payment of Classes 1 to 7. The Class 8 claims
are impaired.
Class 9 consists of the Allowed Interests in the Debtor. The Holder
of Allowed Class 9 Equity Interests shall retain their Interests.
The source of funds to achieve consummation of and carry out the
Plan shall be (i) pursuant to any order approving the Direct-Pay
Setoff Motion, or the Direct-Pay/Setoff Procedures, (ii) the
Debtor's cash, (iii) collected accounts receivable owed by General
Contractors, (iv) proceeds of sale of the Debtor's personal
property, and (v) if necessary, litigation.
A major source of funding of the Plan is the amounts owed by the
General Contractors to the Debtor. Those accounts receivable will
be paid (i) pursuant to any order approving the Direct-Pay Setoff
Motion, or the Direct-Pay/Setoff Procedures, and (ii) with the
amounts owed to the Debtor, which Debtor will deposit into the DIP
account.
The Debtor is winding down operations. The Debtor, therefore, shall
liquidate its vehicles, equipment, computers and related equipment,
and goodwill. At closing, the assets shall pass to the buyer free
and clear of any liens, claims, or interests. The proceeds from the
sale shall be deposited into the DIP account.
A full-text copy of the Liquidating Plan dated April 4, 2025 is
available at https://urlcurt.com/u?l=NeU2sC from PacerMonitor.com
at no charge.
Proposed Attorneys for the Debtor:
O'ConnorWechsler PLLC
Annie Catmull, Esq.
4400 Post Oak Plaza, Suite 2360
Houston, Texas 77027
Tel: (281) 814-5977
Email: aecatmull@o-w-law.com
About Highrise Electrical Technologies
Highrise Electrical Technologies Inc., operating under the trade
name Highrise Electric, is a full-service electrical contracting
company. The Company specializes in design assistance, consulting,
estimating, scheduling, procurement, installation, troubleshooting,
energy management, and preventive maintenance services. Serving
both residential and commercial sectors, the Company brings
expertise to large-scale projects, including high-rise buildings.
Highrise Electrical Technologies Inc. sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.
Tex. Case No. 25-31634) on March 1, 2025. In its petition, the
Debtor reports estimated assets and liabilities between $1 million
and $10 million each.
The Debtor is represented by Annie Catmull, Esq. at
O'CONNORWECHSLER PLLC.
HILTS LOGGING: Seeks to Hire John Maya as Real Estate Counsel
-------------------------------------------------------------
Hilts Logging & Excavating, LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of New York to employ
John Maya, Esq., an attorney practicing in Utica, New York, as real
estate counsel.
The attorney will represent the Debtor in real estate matters.
Mr. Maya disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The attorney can be reached at:
John Maya, Esq.
510 Bleecker St.
Utica, NY 13501
Telephone: (315) 733-0455
About Hilts Logging & Excavating
Hilts Logging & Excavating, LLC specializes in logging services,
including timber harvesting and land clearing, utilizing a range of
heavy machinery for forestry operations.
Hilts Logging & Excavating sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-60199) on March
16, 2025. In its petition, the Debtor reported total assets of
$612,385 and total liabilities of $1,404,316.
Judge Patrick G. Radel handles the case.
The Debtor tapped Orville & McDonald Law, PC as bankruptcy counsel
and John Maya, Esq., as real estate counsel.
HOMEMAKERS REAL ESTATE: Case Summary & Eight Unsecured Creditors
----------------------------------------------------------------
Debtor: Homemakers Real Estate, LLC
2875 S. Orange Ave, Suite 500 #6409
Orlando, FL 32806
Business Description: Homemakers Real Estate, LLC is engaged in
the business of leasing and managing
residential and commercial real estate
properties. Its primary asset is Cape
Crossing Condominiums, a waterfront property
in Merritt Island, Florida that includes
vacation rental units and marina access.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-02685
Judge: Hon. Grace E Robson
Debtor's Counsel: Frank M. Wolff, Esq.
NARDELLA & NARDELLA, PLLC
135 W. Central Blvd
Suite 300
Orlando, FL 32801
Tel: 407-966-2680
Email: fwolff@nardellalaw.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Ross Johnston as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JDGAXRQ/Homemakers_Real_Estate_LLC__flmbke-25-02685__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Eight Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Brevard County Unknown
Tax Collector
1605 N. Courtenay Pkwy
Merritt Island, FL 32953
2. Brevard County Unknown
Tax Collector
1605 N. Courtenay Pkwy
Merritt Island, FL 32953
3. Brevard County Unknown
Tax Collector
1605 N. Courtenay Pkwy
Merritt Island, FL 32953
4. Brevard County Unknown
Tax Collector
1605 N. Courtenay Pkwy
Merritt Island, FL 32953
5. Cape Crossing Townhomes Unknown
Homeowners Association, Inc
c/o Keystone Property Mngmnt
780 US. Hwy 1, Ste. 300
Vero Beach, FL 32962
6. IMQA Investments Inc Loan $379,000
4409 Hoffner Ave
#348
Orlando, FL 32812
7. Internal Revenue Service $161,469
P.O. Box 7346
Philadelphia, PA 19101
8. Kenneth Dixon $0
1627 E Vine Street
Suite E
Boynton Beach, FL 33474
HOOTERS OF AMERICA: Hires Foley & Lardner as Bankruptcy Counsel
---------------------------------------------------------------
Hooters of America, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Northern District of Texas to employ
Foley & Lardner LLP as bankruptcy counsel.
The firm will render these services:
(a) advise the Debtors with respect to their powers and duties
in the continued operation of their business;
(b) appear in court and protect the interests of the Debtors
before the court;
(c) prepare and file on behalf of the Debtors, all necessary
legal documents;
(d) assist in the identification of assets and liabilities of
the estates;
(e) analyze claims and competing property interests, and
negotiate with creditors and parties in interest on behalf of the
Debtors;
(f) assist the Debtors in formulating a plan of reorganization
or liquidation and take necessary legal steps in order to confirm
such plan;
(g) advise the Debtors in connection with any potential sale
of assets;
(h) assist and advise the Debtors in connection with certain
labor and employment matters;
(i) represent the Debtors in any related adversary
proceedings, to the extent such representation becomes necessary;
and
(j) perform all other legal services for the Debtors that may
be necessary in these proceedings.
The firm's counsel and staff will be paid at these hourly rates:
Holland O'Niel, Partner $1,250
Carrie Hoffman, Partner $875
Stephen Jones, Associate $825
Zachary Zahn, Associate $600
Janelle Harrison, Paralegal $330
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. O'Niel 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:
Holland N. O'Niel, Esq.
Foley & Lardner LLP
2021 McKinney Avenue, Suite 1600
Dallas, TX 75201
Telephone: (214) 999-3000
Facsimile: (214) 999-4667
Email: honeil@foley.com
About Hooters of America
Hooters of America, LLC is the owner and operator of a restaurant
chain with hundreds of locations in the United States. Founded in
1983, Hooters of America and its affiliates own and operate
Hooters, a renowned brand in the casual dining and sports
entertainment industries. Their global portfolio includes 151
company-owned and operated locations and 154 franchised locations
across 17 countries. Known for their world-famous chicken wings,
beverages, live sports and legendary hospitality, the Debtors also
partner with a major food products licensor to offer
Hooters-branded frozen meals at 1,250 grocery store locations.
Hooters of America and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex.
Lead Case No. 25-80078) on March 31, 2025.
Judge Scott W. Everett oversees the cases.
The Debtors tapped Foley & Lardner, LLP and Ropes & Gray LLP as
co-counsel; Solic Capital, LLC as investment banker; and Accordion
Partners, LLC as financial advisor. Kroll Restructuring
Administration, LLC is the Debtors' notice, claims, solicitation
and balloting agent.
HOOTERS OF AMERICA: Seeks Approval to Hire Ropes & Gray as Counsel
------------------------------------------------------------------
Hooters of America, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Northern District of Texas to employ
Ropes & Gray LLP as counsel.
The firm will render these services:
(a) advise the Debtors with respect to their powers and duties
in the continued management and operation of their businesses and
properties;
(b) advise and consult on the conduct of these Chapter 11
cases;
(c) advise the Debtors regarding related tax matters;
(d) take any necessary action on behalf of the Debtors to
negotiate, draft, and obtain approval of a Chapter 11 plan and all
documents related thereto;
(e) represent the Debtors in connection with obtaining
authority to use cash collateral and postpetition financing;
(f) represent the Debtors in connection with obtaining
authority to sell all or some of their assets;
(g) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(h) take all necessary actions to protect and preserve the
Debtors' estates;
(i) prepare pleadings in connection with these Chapter 11
cases;
(j) appear before the court and any appellate courts to
represent the interests of the Debtors' estates; and
(k) perform all other necessary legal services for the Debtors
in connection with the prosecution of these Chapter 11 cases.
The firm will be paid at these hourly rates:
Partners $1,800 - $2,600
Counsel $1,250 - $1,880
Associates $900 - $1,620
Paraprofessionals $355 - $755
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received an advance payment retainer of $1,000,000 from
the Debtors.
Chris Dickerson, Esq., an attorney at Ropes & Gray, 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:
Chris L. Dickerson, Esq.
Ropes & Gray LLP
191 North Wacker Drive, 32nd Floor
Chicago, IL 60606
Telephone: (312) 845-1200
Facsimile: (312) 845-5500
Email: chris.dickerson@ropesgray.com
About Hooters of America
Hooters of America, LLC is the owner and operator of a restaurant
chain with hundreds of locations in the United States. Founded in
1983, Hooters of America and its affiliates own and operate
Hooters, a renowned brand in the casual dining and sports
entertainment industries. Their global portfolio includes 151
company-owned and operated locations and 154 franchised locations
across 17 countries. Known for their world-famous chicken wings,
beverages, live sports and legendary hospitality, the Debtors also
partner with a major food products licensor to offer
Hooters-branded frozen meals at 1,250 grocery store locations.
Hooters of America and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex.
Lead Case No. 25-80078) on March 31, 2025.
Judge Scott W. Everett oversees the cases.
The Debtors tapped Foley & Lardner, LLP and Ropes & Gray LLP as
co-counsel; Solic Capital, LLC as investment banker; and Accordion
Partners, LLC as financial advisor. Kroll Restructuring
Administration, LLC is the Debtors' notice, claims, solicitation
and balloting agent.
HOOTERS OF AMERICA: Seeks to Tap Accordion as Restructuring Advisor
-------------------------------------------------------------------
Hooters of America, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Northern District of Texas to employ
Accordion Partners, LLC as restructuring advisor.
Accordion Partners will provide Keith Maib as chief restructuring
officer and certain additional personnel to the Debtors.
The CRO and additional personnel will render these services:
(a) develop and implement cash management strategies, tactics,
and processes;
(b) review and analyze the Debtors' financial results,
projections, and operational data;
(c) assist with the development and augmentation of the
Debtors' business plan and related forecasts and projections;
(d) participate in meetings and provide support to the Debtors
and their other professionals in responding to information
requests, communicate with and/or negotiate with lenders, official
and unofficial committees of creditors, vendors, customers, other
parties in interest, and professionals hired by the same;
(e) assist in the identification of the Debtors' executory
contracts and unexpired leases, as and when produced, and perform
analyses of the financial impact of the assumption or rejection of
each, as necessary;
(f) advise the Debtors' senior management and board of
directors in the development, negotiation, and implementation of
restructuring initiatives and evaluation of strategic
alternatives;
(g) assist the Debtors with (i) develop a list of potential
buyers, (ii) develop materials and documents for potential buyers'
review, (iii) assist them with the preparation of due diligence
materials, (iv) assist with the evaluation of offers received and
(v) work with them and their counsel to prepare and support asset
purchase agreements;
(h) assist the Debtors in preparing to file a petition for
relief under Chapter 11 of the Bankruptcy Code and all related
papers;
(i) assist with the Debtors' implementation of court orders;
(j) provide analysis required to obtain and comply with the
terms of the Debtors' usage of cash collateral, post-petition
and/or exit financing;
(k) prepare the Debtors' information and analysis necessary
for the confirmation of its plan of reorganization;
(l) assist in implementing the Debtors' Chapter 11 plan;
(m) render testimony, as requested, about the matters
regarding which Accordion and its personnel are providing services;
and
(n) provide such other restructuring or advisory services to
the Debtors as are consistent with the role of CRO and/or the
above-described services, requested by them, not duplicative of
services provided by other professionals, and agreed to by
Accordion.
The firm will be paid at these hourly rates:
Senior Managing Directors $995 - $1,250
Managing Directors $885 - $995
Senior Directors $775 - $875
Directors $650 - $775
Vice Presidents $550 - $650
Associates and Analysts $325 - $550
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Maib 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:
Keith Maib
Accordion Partners LLC
1 Vanderbilt Ave. Floor 24
New York, NY 10017
About Hooters of America
Hooters of America, LLC is the owner and operator of a restaurant
chain with hundreds of locations in the United States. Founded in
1983, Hooters of America and its affiliates own and operate
Hooters, a renowned brand in the casual dining and sports
entertainment industries. Their global portfolio includes 151
company-owned and operated locations and 154 franchised locations
across 17 countries. Known for their world-famous chicken wings,
beverages, live sports and legendary hospitality, the Debtors also
partner with a major food products licensor to offer
Hooters-branded frozen meals at 1,250 grocery store locations.
Hooters of America and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex.
Lead Case No. 25-80078) on March 31, 2025.
Judge Scott W. Everett oversees the cases.
The Debtors tapped Foley & Lardner, LLP and Ropes & Gray LLP as
co-counsel; Solic Capital, LLC as investment banker; and Accordion
Partners, LLC as financial advisor. Kroll Restructuring
Administration, LLC is the Debtors' notice, claims, solicitation
and balloting agent.
HOOTERS OF AMERICA: Seeks to Tap SOLIC Capital as Investment Banker
-------------------------------------------------------------------
Hooters of America, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Northern District of Texas to employ
SOLIC Capital Advisors LLC and SOLIC Capital LLC as investment
banker.
The firm will render these services:
(a) assess a range of strategic alternatives that may be
available to the Debtors and advise their senior management team
and the Board and assist with the development and expedited
execution of a plan designed to preserve and enhance enterprise
value;
(b) review the Debtors' historical financial results,
operating trends, financial projection models, capital requirements
and impact of restructuring initiatives and/or capital events
resulting from the pursuit of strategic alternatives;
(c) review the Debtors' debt and equity transaction documents
and all current, pending and contingent creditor claims and
liabilities;
(d) review the Debtors' current business plan and supporting
financial forecast model;
(e) prepare an offering memorandum and develop and identify
potential capital raise and investor alternatives based on current
market conditions operating trends, financial position and the
Debtors' strategic plan;
(f) identify, contact and introduce potential lenders or
potential investors in the Debtors;
(g) negotiate with prospective financing and/or investor
parties through consummation of a transaction; and
(h) assist the Debtors and their other advisors in negotiating
restructuring transactions with their lenders and securitization
bondholders.
The firm will be compensated at these rates:
(a) a monthly fee in the amount of $75,000;
(b) a capital placement fee in an amount equal to 1 percent of
the total face amount of all senior secured debt raised by the
Debtors; 2.5 percent of the total face amount of all subordinated
debt financing raised by the Debtors; and 4.5 percent of the total
face amount of all equity capital raised by the Debtors from a
financing or investor party;
(c) a restructuring transaction fee in the amount equal to
$900,000;
(d) upon the closing of any sale transaction, SOLIC will be
paid an amount equal to the greater of (i) 1 percent of the
Aggregate Gross Consideration (AGC) up to $135 million and 2
percent of AGC in excess of $135 million provided by an investor or
buyer and (ii) $900,000;
(e) in the event that both a sale transaction fee and a
restructuring transaction fee are earned by solic, solic shall be
paid the higher of the sale transaction fee or restructuring
transaction fee, as applicable; and
(f) reimbursement for expenses incurred.
Reid Snellenbarger, managing partner at SOLIC Capital Advisors,
disclosed in a court filing that the firm is a "disinterested
persons" as the term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Reid Snellenbarger
SOLIC Capital Advisors, LLC
150 N. Wacker Dr.
Chicago, IL 60606
About Hooters of America
Hooters of America, LLC is the owner and operator of a restaurant
chain with hundreds of locations in the United States. Founded in
1983, Hooters of America and its affiliates own and operate
Hooters, a renowned brand in the casual dining and sports
entertainment industries. Their global portfolio includes 151
company-owned and operated locations and 154 franchised locations
across 17 countries. Known for their world-famous chicken wings,
beverages, live sports and legendary hospitality, the Debtors also
partner with a major food products licensor to offer
Hooters-branded frozen meals at 1,250 grocery store locations.
Hooters of America and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex.
Lead Case No. 25-80078) on March 31, 2025.
Judge Scott W. Everett oversees the cases.
The Debtors tapped Foley & Lardner, LLP and Ropes & Gray LLP as
co-counsel; Solic Capital, LLC as investment banker; and Accordion
Partners, LLC as financial advisor. Kroll Restructuring
Administration, LLC is the Debtors' notice, claims, solicitation
and balloting agent.
HOOTERS OF AMERICA: Taps Keen-Summit Capital as Real Estate Advisor
-------------------------------------------------------------------
Hooters of America, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Northern District of Texas to employ
Keen-Summit Capital Partners LLC as real estate advisor.
The firm will render these services:
(a) organize lease information for each property in a manner
that clearly displays the site-level business and lease economics;
(b) jointly establish negotiating goals and parameters with
the Debtors, such as rent reductions, lease term modifications, and
other leasehold concessions;
(c) contact the landlord for each property and seek to
negotiate with the landlord for modifications in accordance with
the parameters established by the Debtors; and
(d) work with the landlords, the Debtors and their counsel to
document all lease modification proposals.
The firm will be paid at these fees:
(a) Transaction Fee of $2,000 plus 4.5 percent of savings;
(b) Removal of Guarantee Fee, the firm shall earn an
additional $4,000 per lease. If the Transaction Fee for a
particular property is in excess of $25,000 then Keen shall credit
the guarantee fee up to the full amount so that the overall fee is
no less than $25,000.
In addition, the firm will seek reimbursement for expenses
incurred.
Harold Bordwin, a principal at Keen-Summit Capital Partners,
disclosed in a court filing that the firms are a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Harold Bordwin
Keen-Summit Capital Partners LLC
1 Huntington Quad
Melville, NY 11747
Telephone: (914) 980-8555
Email: hbordwin@ken-summit.com
About Hooters of America
Hooters of America, LLC is the owner and operator of a restaurant
chain with hundreds of locations in the United States. Founded in
1983, Hooters of America and its affiliates own and operate
Hooters, a renowned brand in the casual dining and sports
entertainment industries. Their global portfolio includes 151
company-owned and operated locations and 154 franchised locations
across 17 countries. Known for their world-famous chicken wings,
beverages, live sports and legendary hospitality, the Debtors also
partner with a major food products licensor to offer
Hooters-branded frozen meals at 1,250 grocery store locations.
Hooters of America and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex.
Lead Case No. 25-80078) on March 31, 2025.
Judge Scott W. Everett oversees the cases.
The Debtors tapped Foley & Lardner, LLP and Ropes & Gray LLP as
co-counsel; Solic Capital, LLC as investment banker; and Accordion
Partners, LLC as financial advisor. Kroll Restructuring
Administration, LLC is the Debtors' notice, claims, solicitation
and balloting agent.
HORSEY DENISON: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Lead Debtor: Horsey Denison Landscaping LLC
8911 Oxon Hill Road
Fort Washington, MD 20744
Business Description: Horsey Denison Landscaping LLC is a
landscaping company based in Fort
Washington, Maryland. It provides design
and build services such as landscape
installation, hardscaping, low-voltage
lighting, and irrigation. Horsey Denison
fully owns Denison Farms LLC, also formed in
2021, and Denison Landscaping Inc., a
corporation established in 1990. The
Company is affiliated with Horsey Denison
Properties LLC, a Delaware-based entity co-
owned equally by Robert E. Horsey and David
W. Horsey.
Chapter 11 Petition Date: May 6, 2025
Court: United States Bankruptcy Court
District of Maryland
Four affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Horsey Denison Landscaping LLC (Lead Case) 25-14103
Denison Farms, LLC 25-14104
Denison Landscaping, Inc. 25-14105
Horsey Denison Properties, LLC 25-14106
Debtors'
Bankruptcy
Counsel: Paul Sweeney, Esq.
YVS LAW, LLC
185 Admiral Cochrane Drive, Suite 130
Annapolis, MD 21401
Tel: (443) 569-5972
Fax: (410) 571-2798
Email: psweeney@yvslaw.com
Horsey Denison Landscaping's
Estimated Assets: $1 million to $10 million
Horsey Denison Landscaping's
Estimated Liabilities: $1 million to $10 million
Horsey Denison Properties'
Estimated Assets: $1 million to $10 million
Horsey Denison Properties'
Estimated Liabilities: $1 million to $10 million
Denison Landscaping, Inc.'s
Estimated Assets: $1 million to $10 million
Denison Landscaping, Inc.'s
Estimated Liabilities: $10 million to $50 million
Denison Farms, LLC's
Estimated Assets: $10 million to $50 million
Denison Farms, LLC's
Estimated Liabilities: $1 million to $10 million
Robert E. Horsey signed the petitions as co-managing member.
Full-text copies of the petitions, which include lists of the
Debtors' largest unsecured creditors, are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7NFKX5Q/Horsey_Denison_Landscaping_LLC__mdbke-25-14103__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/7KFAF4A/Denison_Farms_LLC__mdbke-25-14104__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/IYXYE2A/Denison_Landscaping_Inc__mdbke-25-14105__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/WFJW5KA/Horsey_Denison_Properties_LLC__mdbke-25-14106__0001.0.pdf?mcid=tGE4TAMA
List of Denison Farms, LLC's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Cintas Corporation Trade Debt $341,544
No. 2
6800 Cintas Boulevard
Mason, OH 45040
2. Comptroller of Sales and Use $177,123
Maryland Tax
Bankruptcy Unit
301 West Preston Street,
Room 409
Baltimore, MD
21201-2396
3. Robinson Nursery Trade Debt $158,578
P.O. Box 100
Amity, OR 97101
4. New Christie Ventures LLC Trade Debt $90,168
c/o Pastanch LLC
31 Sheridan Drive
Naugatuck, CT
06770-1000
5. McHutchison Trade Debt $89,579
P.O. Box 7229
Carol Stream, IL
60197-7229
6. Dolinsky Brothers Nurseries Trade Debt $86,865
1294 Buck Mountain Road
Weatherly, PA 18255
7. NYP Corp. Trade Debt $83,728
1640 Vauxhall Road
Unit #2C
Union, NJ 07083
8. North 40 Nursery, Inc. Trade Debt $83,030
3950 Turner Mill Road
Morganton, NC 28655
9. Dry Shave Mountain Nursery Trade Debt $81,305
57 Dry Shave Road
McMinnville, TN 37110
10. Warrior Fork Nursery, Inc. Trade Debt $70,058
3890 Simpson Creek Road
Morganton, NC 28655
11. Cherokee Manufacturing, LLC Trade Debt $64,954
150 Bridgepoint Drive
Suite 200
South Saint Paul, MN 55075
12. Tidal Creek Growers Trade Debt $61,401
65 Knight Island Road
Earleville, MD 21919
13. Five Mile Farms LLC Trade Debt $55,569
890 Dyer Circle
Morrison, TN 37357
14. Tupper Tree Farm Trade Debt $50,179
890 Dyer Circle
Morrison, TN 37357-6015
15. Harrell's Trade Debt $43,631
P.O. Box 935358
Atlanta, GA
31193-5358
16. Steve Myers & Son Nursery Trade Debt $42,720
6931 Jacksboro Road
McMinnville, TN 37110
17. Star Roses and Plants Trade Debt $41,653
41700 Road 100
Dinuba, CA 93618
18. Scenic Hills Nursery Trade Debt $40,025
P.O. Box 454
McMinnville, TN 37111
19. Bottoms Brothers Nursery Trade Debt $37,520
83 McGee Road
McMinnville, TN 37110
20. Botanico, Inc. Trade Debt $33,800
P.O. Box 922
McMinnville, TN 37111
HYPERSCALE DATA: Inks $5M Convertible Note Deal With Target Capital
-------------------------------------------------------------------
Hyperscale Data, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company entered
into securities purchase agreements with Target Capital 14 LLC, an
Arizona limited liability company and Secure Net Capital LLC, a
Nevada limited liability company, pursuant to which the Company
issued to the Investors convertible promissory notes in the
aggregate principal face amount of $5 million in aggregate gross
consideration of $4 million in cash paid by the Investors to the
Company, prior to placement agent fees and expenses of
approximately $460,000.
Description of the Notes:
The Notes have an aggregate principal face amount of $5,000,000 and
were issued with an original issue discount of 20%, or $1,000,000.
The Notes do not accrue interest unless an Event of Default (as
defined in the Notes) occurs, at which time the Notes would accrue
interest at 20% per annum. The Notes will mature on September 30,
2025. The Notes are convertible into shares of the Company's class
A common stock, par value $0.001 per share at any time after NYSE
American approval of the Supplemental Listing Application at a
conversion price equal to the greater of:
(i) $0.40 per share, which Floor Price shall not be adjusted
for stock dividends, stock splits, stock combinations and other
similar transactions and
(ii) 80% of the lowest closing price of the Common Stock during
the five trading days immediately prior to the date of conversion
into shares of Common Stock.
The Company may not issue Conversion Shares to the extent such
issuances would result in an aggregate number of shares of Common
Stock exceeding 19.99% of the total shares of Common Stock issued
and outstanding as of the Closing Date, in accordance with the
rules and regulations of the NYSE unless the Company first obtains
stockholder approval. Pursuant to the Agreements, the Company
agreed to file a preliminary proxy or information statement to
obtain the Stockholder Approval within 15 days of the Closing
Date.
Pursuant to the Agreements, the Company is obligated to use
commercially reasonable efforts to:
(i) file a resale registration statement with the Securities
and Exchange Commission within 15 days of the Closing Date and
(ii) have such resale registration statement declared effective
by the Commission within 60 days of the Closing Date (or 75 days in
the event of a full review by the Commission).
Additionally, commencing on the Closing Date and continuing until
such time as the Notes are no longer outstanding, the Company shall
be prohibited from entering into a variable rate transaction.
The Notes contain standard and customary events of default
including, but not limited to, failure to pay amounts due under the
Notes when required, failure to deliver Conversion Shares when
required, default in covenants, bankruptcy events delisting of the
Common Stock from an approved market, failure to timely file all
reports required under the Securities Exchange Act of 1934, as
amended and the failure to timely file the PRE 14A.
Upon the first occurrence of an Event of Default under the Notes,
(i) the principal amount outstanding as of the Event of
Default Date shall be automatically increased by 10% and
(ii) the Company shall be obligated to pay each Investor an
amount, in cash (which cannot be converted into Conversion Shares)
equal to 10% of the principal amount outstanding as of the Event of
Default Date.
Full-text copies of the form of Note and Agreement are available at
https://tinyurl.com/ypuczk4y & https://tinyurl.com/452dtdh8,
respectively.
About Hyperscale Data
Headquartered in Las Vegas, NV, Hyperscale Data, Inc., formerly
known as Ault Alliance, Inc., is transitioning from a diversified
holding company pursuing growth by acquiring undervalued businesses
and disruptive technologies with a global impact to becoming solely
an owner and operator of data centers to support high performance
computing services. Through its wholly and majority-owned
subsidiaries and strategic investments, Hyperscale Data owns and
operates a data center at which it mines digital assets and offers
colocation and hosting services for the emerging artificial
intelligence ecosystems and other industries. It also provides,
through its wholly owned subsidiary, Ault Capital Group, Inc.,
mission-critical products that support a diverse range of
industries, including an artificial intelligence software platform,
social gaming platform, equipment rental services,
defense/aerospace, industrial, automotive, medical/biopharma and
hotel operations. In addition, Hyperscale Data is actively engaged
in private credit and structured finance through a licensed lending
subsidiary.
New York, New York-based Marcum LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
Apr. 15, 2025, attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that the Company 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.
HYPERSCALE DATA: Narrows Net Loss to $62.5 Million in 2024
----------------------------------------------------------
Hyperscale Data, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$62.5 million on $106.7 million of revenues for the year ended
December 31, 2024, compared to a net loss of $253.3 million on
$134.8 million of revenues for the year ended December 31, 2023.
As of December 31, 2024, the Company had cash and cash equivalents
of $4.5 million (excluding restricted cash of $20.5 million),
negative working capital of $157.1 million and a history of net
operating losses. The Company has financed its operations
principally through issuances of convertible debt, promissory notes
and equity securities.
New York, New York-based Marcum 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 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.
The Company's management performed a comprehensive analysis of the
Company's current circumstances, including its financial position,
cash flow and cash usage forecasts, as well as obligations and
debts. Although management has a long history of successful capital
raises, the analysis used to determine the Company's ability as a
going concern does not include cash sources beyond the Company's
direct control that management expects to be available within the
next 12 months.
Management expects that the Company's existing cash and cash
equivalents, accounts receivable and marketable securities as of
December 31, 2024, will not be sufficient to enable the Company to
fund its anticipated level of operations through one year from the
date these financial statements are issued. Management anticipates
raising additional capital through the private and public sales of
the Company's equity or debt securities and selling its marketable
securities as well as crypto assets, or a combination thereof.
Although management believes that such capital sources will be
available, there can be no assurances that financing will be
available to the Company when needed in order to allow the Company
to continue its operations, or if available, on terms acceptable to
the Company. If the Company does not raise sufficient capital in a
timely manner, among other things, the Company may be forced to
scale back or cease its operations altogether.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/4k8mhknk
About Hyperscale Data
Headquartered in Las Vegas, NV, Hyperscale Data, Inc., formerly
known as Ault Alliance, Inc., is transitioning from a diversified
holding company pursuing growth by acquiring undervalued businesses
and disruptive technologies with a global impact to becoming solely
an owner and operator of data centers to support high performance
computing services. Through its wholly and majority-owned
subsidiaries and strategic investments, Hyperscale Data owns and
operates a data center at which it mines digital assets and offers
colocation and hosting services for the emerging artificial
intelligence ecosystems and other industries. It also provides,
through its wholly owned subsidiary, Ault Capital Group, Inc.,
mission-critical products that support a diverse range of
industries, including an artificial intelligence software platform,
social gaming platform, equipment rental services,
defense/aerospace, industrial, automotive, medical/biopharma and
hotel operations. In addition, Hyperscale Data is actively engaged
in private credit and structured finance through a licensed lending
subsidiary.
As of Dec. 31, 2024, the Company had $220.8 million in total
assets, $218.7 million in total liabilities, and a total
stockholders' equity of $2.1 million.
HYPERTECH INC: Seeks Approval to Hire eXp Realty as Broker
----------------------------------------------------------
Hypertech, Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the Middle District of Tennessee to hire eXp
Realty as broker.
The broker will facilitate the sale of the Debtor's real property
located at 7375 Adrianne Place, Bartlett, Tennessee 38133.
The broker will receive a 3 percent commission.
Steve Young of eXp Realty assured the court that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The broker can be reached through:
Steve Young
eXp Realty
3401 Mallory Lane #100
Franklin, TN 37067
Office Direct: (888) 519-5113
Agent Cell: (901) 581-6114
About Hypertech Inc.
Hypertech Inc. is a U.S.-based automotive technology company that
develops high-performance engine tuning products for vehicles with
computer-controlled systems. Unlike traditional aftermarket firms
that focus on mechanical upgrades, Hypertech specializes in
software-based enhancements by recalibrating a vehicle's electronic
control units (ECUs) for improved power, fuel efficiency, and
drivability. The Company's team includes engineers and performance
enthusiasts who apply advanced knowledge of electrical engineering
and computer science to create products like Power Chips and the
Power Programmer.
Hypertech, Inc. and its affiliates, High Point, LLC, and SF
Technologies Inc., sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Tenn. M.D. Tenn. Lead Case No.
25-01562) on April 11, 2025. In its petition, Hypertech reported
between $1 million and $10 million in both assets and liabilities.
Judge Charles M. Walker handles the cases.
The Debtors are represented by Robert J. Gonzales, Esq. at
EmergeLaw, PLC.
I-SOLUTIONS DEVELOPMENT: Voluntary Chapter 11 Case Summary
----------------------------------------------------------
Debtor: I-Solutions Development Corp
13423 Blanco Rd.
San Antonio, TX 78216
Business Description: I-Solutions Development is engaged in real
estate rental and leasing activities.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-50995
Judge: Hon. Craig A Gargotta
Debtor's Counsel: Morris E. "Trey" White, III, Esq.
VILLA & WHITE LLP
100 NE Loop 410 Suite 615
San Antonio TX 78216
Tel: (210) 225-4500
E-mail: treywhite@villawhite.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Robert Wiseman as president.
The Debtor filed a list of its 20 largest unsecured creditors, but
all entries were left blank.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NNFUGIY/I-Solutions_Development_Corp__txwbke-25-50995__0001.0.pdf?mcid=tGE4TAMA
IDEAL PROPERTY: Court OKs Columbus Property Sale to J. Powell
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Washington
has approved Ideal Property Investments LLC, to sell real property,
free and clear of liens, claims, interests, and encumbrances.
The Court authorized the Debtor to sell the Property located at
1118 Virginia Street, Columbus, Georgia 31901 to Jason H. Powell
for a purchase price of $364,600.00.
The Court found that the Debtor has marketed the Columbus, GA
Property and conducted the sale processes in a non-collusive, fair,
and good faith manner.
The Court held that with respect to senior secured lender Pinnacle
Bank, it has consented to the sale, subject to its receipt of
proceeds paid at closing directly from escrow, net of $30,000.00 to
be retained by Debtor's bankruptcy estate and of the payment of
real estate taxes and other reasonable and necessary costs of
closing.
With respect to First Fed, the Debtor has met the standard provided
as there are legal and equitable proceedings that could compel a
junior lienholder to accept a money satisfaction of such interest.
The Court authorized Joseph Fanelli of J. Fanelli Properties to
execute the purchase agreement
and other documents necessary to complete the transaction.
The Court ordered the Debtor to retain $30,000.00 from net proceeds
of the sale as a Carveout, and, following that retention and the
payment of all reasonable and necessary costs of closing as set
forth herein, distribute the remaining net proceeds of the sale to
Pinnacle Bank up to the full amount of its debt secured by the
Columbus, GA Property.
About Ideal Property Investments, LLC
Ideal Property Investments, LLC is primarily engaged in renting and
leasing real estate properties. The company is based in Everett,
Wash.
Ideal Property Investments filed Chapter 11 petition (Bankr. E.D.
Wash. Case No. 24-01421) on September 5, 2024, with $50 million to
$100 million in assets and $100 million to $500 million in
liabilities.
Judge Frederick P. Corbit oversees the case.
Laurie Thornton, Esq., at DBS Law is the Debtor's bankruptcy
counsel.
IMERYS TALC: U.S. Trustee Appoints New Rep for Donna Arvelo Estate
------------------------------------------------------------------
Andrew Vara, Acting U.S. Trustee for Region 3, disclosed in a court
filing that he appointed Anne Marie Mullet as the new estate
representative for Donna Arvelo.
Ms. Mullet will serve on the official committee of tort claimants
in the Chapter 11 cases of Imerys Talc America, Inc. and its
affiliates.
As of April 30, the members of the tort claimants' committee are:
(1) Robin Alander
c/o W. Mark Lanier, Esq.
c/o Maura Kolb, Esq.
10940 West Sam Houston Pkwy N., Suite 100
Houston, TX 77064
Tel: 713-659-5200
Fax: 713659-2204
E-mail: wml@lanierlawfirm.com
Maura.kolb@lanierlawfirm.com
(2) Anne Marie Mullet
Representative of the estate of Donna M. Arvelo
c/o Audrey Raphael, Esq.
Levy Konigsberg LLP
800 Third Ave., 11th Floor
NY, NY 10022
Tel: 212-605-6206
Fax: 212-605-6290
E-mail: ARaphael@LevyLaw.com
(3) Christine Birch
c/o Wendy M. Julian, Esq.
Gori Julian & Assocs, P.C.
156 N. Main Street
Edwardsville, IL 62025
Tel: 618-659-9833
Fax: 618-659-9834
E-mail: randy@gorijulianlaw.com
(4) Bessie Dorsey-Davis
c/o Amanda Klevorn, Esq.
Burns Charest LLP
365 Canal Street, Suite 1170
New Orleans, LA 70130
Tel: 504-799-2845
Fax: 504-8811765
E-mail: aklevorn@burnscharest.com
(5) Lloyd Fadem
Representative of the estate
of Margaret Ferrell
c/o Steve Baron, Esq.
Baron & Budd, P.C.
3102 Oak Lawn Ave., Ste 1100
Dallas, TX 75219
Tel: 214-521-3605
Fax: 214-520-1181
E-mail: sbaron@baronbudd.com
(6) Timothy R. Faltus
Representative of the estate
of Shari C. Faltus
c/o James G. Onder, Esq.
OnderLaw, LLC
110 E. Lockwood, 2d Floor
St. Louis, MO 63119
Tel: 314-963-9000
Fax: 314-963-1700
E-mail; Onder@onderlaw.com
(7) Deborah Giannecchini
c/o Ted G. Meadows, Esq.
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.
P.O. Box 4160
Montgomery, AL 36103
Tel: 334-2692342
Fax: 334-954-7555
E-mail: Ted.Meadows@beasleyallen.com
(8) Kayla Martinez
c/o Leah Kagan, Esq.
Simon Greenstone Panatier, P.C.
1201 Elm Street, Suite 3400
Dallas, Texas 75270
Tel: 214-276-7680
Fax: 214-276-7699
E-mail: lkagan@sgptrial.com
(9) David A. Martz
Representative of the estate of Lynne Martz
c/o Ashcraft & Gerel, LLP
1825 K Street, NW, Suite 700
Washington, D.C. 20006
Phone: 202-783-6400
Fax: 202-416-6392
E-mail: mparfitt@ashcraftlaw.com
(10) Gregory W. Vella
Representative of the estate of Nicole Matteo
c/o Christopher Placitella, Esq.
127 Maple Ave.
Red Bank, N.J. 07701
Tel: 732-747-9003
Fax: 732-747-9004
E-mail: cplacitella@cprlaw.com
(11) Charvette Monroe
Representative of the estate of Margie Evans
c/o John R. Bevis, Esq.
31 Atlanta Street
Marietta, GA 30060
Tel: 770-227-6755
Fax: 770227-6373
E-mail: bevis@barneslawgroup.com
About Imerys Talc America
Imerys Talc America, Inc. and its subsidiaries --
https://www.imerys-performance-additives.com/ -- are in the
business of mining, processing, selling and distributing talc. Its
talc operations include talc mines, plants and distribution
facilities located in Montana (Yellowstone, Sappington, and Three
Forks); Vermont (Argonaut and Ludlow); Texas (Houston); and
Ontario, Canada (Timmins, Penhorwood, and Foleyet). It also
utilizes offices located in San Jose, Calif., and Roswell, Ga.
Imerys Talc America and its subsidiaries, Imerys Talc Vermont,
Inc., and Imerys Talc Canada Inc., sought Chapter 11 protection
(Bankr. D. Del. Lead Case No. 19-10289) on Feb. 13, 2019.
TheDebtors were estimated to have $100 million to $500 million in
assets and $50 million to $100 million in liabilities as of the
bankruptcy filing.
Judge Laurie Selber Silverstein oversees the cases.
The Debtors tapped Richards, Layton & Finger, P.A., and Latham &
Watkins LLP as their legal counsel, Alvarez & Marsal North America,
LLC as financial advisor, and CohnReznick LLP as restructuring
advisor. Prime Clerk, LLC, is the claims agent.
The U.S. Trustee for Region 3 appointed an official committee of
tort claimants in the Debtors' Chapter 11 cases. The tort
claimants' committee is represented by Robinson & Cole, LLP.
INFINITE GLOW: Hires Business Legal Group as Special Counsel
------------------------------------------------------------
Infinite Glow, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of California to employ Business Legal
Group as special counsel.
The Debtor needs the firm's legal assistance in connection with a
case, Case No. 23CV049444, filed in the California Superior Court,
Alameda County.
The firm will be paid at these rates:
Russell M. Frandsen $695 per hour
Paralegal $200 per hour
Prepetition, the Debtor's principal Tara Singhal paid $22,000 to
the firm for prepetition services to the Debtor.
Mr. Frandsen 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:
Russell M. Frandsen, Esq.
Business Legal Group
1313 Foothill Boulevard Suite 6
La Canada Flintridge, CA 91011
Tel: (818) 915-0426
Fax: (213) 403-5962
Email: rfrandsen@businesslegalgroup.com
About Infinite Glow, LLC
Infinite Glow, LLC has an equitable interest in the property
situated at 2912 14th Ave., Oakland, Calif., which is valued at
$4.7 million.
Infinite Glow filed Chapter 11 petition (Bankr. N.D. Calif. Case
No. 25-50253) on February 27, 2025, listing between $1 million and
$10 million in both assets and liabilities.
Judge Stephen L. Johnson handles the case.
The Debtor is represented by:
Steven Robert Fox, Esq.
Law Offices of Steven R. Fox
Tel: (818) 774-3545
Email: emails@foxlaw.com
INNOVATIVE MEDTECH: Buys Ticketbash Assets, Grants Royalties
------------------------------------------------------------
Innovative MedTech, Inc., closed an asset purchase agreement on or
about April 25, 2025, pursuant to which a newly formed subsidiary
of the Company purchased assets from Grand Concierge LLC, doing
business as Ticketbash, a company involved in event ticket pricing
and related software and AI development related to the ticket
business. As disclosed in a Form 8-K filing with the Securities
and Exchange Commission, the deal includes the issuance of
20,000,000 shares of common stock, 1,151,500 shares of Series A
Convertible Preferred Stock, and a $2,000,000 future payment based
on revenue milestones. Additionally, Ticketbash is entitled to
royalties based on the revenues of the New Subsidiary: 2% of
revenues up to $15 million, 4% of revenues between $15 million and
$25 million, and 5% of revenues exceeding $25 million. Ticketbash
also gains the right to appoint two members to the Company's Board
of Directors.
About Innovative Medtech
Innovative Medtech, Inc., headquartered in Blue Island, Illinois,
provides health and wellness services through its RX Vitality
digital health app and its subsidiary Sarah Day Care Centers, Inc.
SarahCare, acquired in 2021, is an adult day care franchisor with
two corporate-owned centers and 23 franchises across 13 U.S.
states, offering seniors medical care, daily activities, and other
supportive services.
In an auditor report dated Oct. 15, 2025, Tampa, Florida-based
Astra Audit & Advisory, LLC, the Company's auditor since 2024,
issued a "going concern" qualification, citing that the Company has
incurred net losses and working capital deficits. These factors,
along with the need for additional financing to meet its business
plans, raise substantial doubt about the Company's ability to
continue as a going concern.
For the years ended June 30, 2024 and 2023, the Company reported a
net loss of $7,938,897 and $3,647,947, respectively. As of June
30, 2024, the Company maintained total assets of $651,881, total
liabilities including long-term debt of $6,134,843 along with an
accumulated deficit of $44,561,210.
INTEGRITY REAL ESTATE: Plan Exclusivity Period Extended to June 16
------------------------------------------------------------------
Judge Thomas B. McNamara of the U.S. Bankruptcy Court for the
District of Colorado extended Integrity Real Estate, LLC's
exclusive periods to file an initial plan of reorganization and
obtain acceptance thereof to June 16 and August 12, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtor is a residential
real estate brokerage, which derives income from cap fees paid by
brokers on their commissions to the Debtor, as well as leasing
desks to certain brokers for an additional fee from its space in
Glendale, Colorado.
For the following reasons, Debtor requires additional time to be
able to formulate meaningful projections of future performance and
a feasible Plan.
* On February 12, 2025, the Court held a Non-Evidentiary
Hearing on Debtor's Application to Employ Allen Vellone Wolf
Helfrich & Factor (the "Employment Application") and the Objections
and Responses filed thereto. Pursuant to the Court's Minute Order
on this Hearing, the Court took the matter under advisement to
consider the legal authorities cited, the Stipulated Facts and
Exhibits and the Waiver. The Employment Application dispute is
still pending, and Debtor cannot propose a Plan while potential
conflict between Debtor and the undersigned firm, if any, has yet
to be decided, especially considering any Plan of Reorganization
will have to address the Derivative Claims that generally form the
basis for Creditor Kimberly Austin's Objection to the Employment
Application; and
* On January 30, 2025, Austin filed her Motion for Appointment
of a Chapter 11 Trustee. The Debtor objected to the same on March
17, 2025. It is unclear at this time whether a Chapter 11 trustee
will be appointed, which may impact Debtor's operations, its
relationship with Keller Williams, and its relationship with its
current employees, as discussed in Debtor's Objection to the Motion
for Appointment. With operations still up in the air, Debtor cannot
propose a Plan.
Integrity Real Estate, LLC is represented by:
Jordan Factor, Esq.
Bailey C. Pompea, Esq.
Allen Vellone Wolf Helfrich & Factor P.C.
1600 Stout Street, Suite 1900
Denver, Colorado 80202
(303) 534-4499
Email: JWeinman@allen-vellone.com
JFactor@allen-vellone.com
BPompea@allen-vellone.com
About Integrity Real Estate
Integrity Real Estate, LLC, sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Colo. Case No. 24-16853) on Nov.
15, 2024, listing under $1 million in both assets and liabilities.
Judge Thomas B. McNamara handles the case.
Allen Vellone Wolf Helfrich & Factor PC serves as the Debtor's
counsel.
INTERNATIONAL IMPULSE: Hires Carolyn Harmon CPA as Accountant
-------------------------------------------------------------
International Impulse, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ the firm of
Carolyn Harmon CPA, LLC as accountant.
The firm will render these services:
(a) aid the Debtor in preparing a monthly budget, and adjust
that budget as circumstances change;
(b) prepare the Debtor's monthly periodic reports;
(c) perform all of the accounting services for the Debtor
which may be necessary herein;
(d) prepare payment schedules and budgets for inclusion in the
Debtor's proposed Plan of Reorganization; and
(e) prepare appropriate Federal income and Texas franchise tax
returns.
The firm will be paid at these hourly rates:
Carolyn Harmon, CPA $225
Paulina Rodriguez, Staff $125
Ms. Harmon 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:
Carolyn Harmon, CPA
Carolyn Harmon CPA, LLC
7100 Westwind, Suite 130
El Paso, TX 79912
About International Impulse
International Impulse Inc. is a warehousing and storage services
provider based in El Paso, Texas.
International Impulse Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-30368) on March
28, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Christopher G. Bradley handles the
case.
The Debtor tapped Corey Haugland, Esq., at James & Haugland, PC as
counsel and Carolyn Harmon CPA, LLC as accountant.
IQSTEL INC: Completes 1-for-80 Reverse Stock Split
--------------------------------------------------
IQSTEL Inc. has implemented a 1-for-80 reverse stock split of its
authorized, issued, and outstanding common shares, effective May 2.
The action reduces the number of shares in circulation as part of
the Company's capital restructuring strategy.
The Company carried out a reverse stock split to bolster its bid
for a listing on the Nasdaq Capital Market. The reverse split is
intended to increase the per share stock price of the Company's
common stock, to meet Nasdaq's requirement that the Company's
common stock be $4.00 or higher as of the listing date. The
Company's common stock cannot begin trading on Nasdaq unless its
listing application is approved, and there is no assurance that
such approval will be granted.
The Company's common stock began trading on a split-adjusted basis
on the OTCQX under the trading symbol "IQSTD" on May 2. The fifth
character "D" will be removed from the Company's trading symbol
after 20 business days if the stock is still trading on the OTCQX,
or upon the listing of the Company's common stock on Nasdaq,
whichever occurs first. At that time, the Company's trading symbol
will revert to "IQST."
Each 80 shares of the Company's issued and outstanding common stock
will be automatically combined and converted into one issued and
outstanding share of common stock, par value $0.001 per share.
Proportional adjustments will also be made to all the Company's
outstanding securities including the shares issuable in connection
with the Company's outstanding convertible preferred stock, stock
options, and warrants. As a result of the reverse split, there
will be approximately 2,633,878 shares of common stock outstanding.
Upon the effectiveness of the reverse split, there will also be a
proportional decrease of the Company's authorized shares of common
stock at the same ratio of 1-for-80, resulting in approximately
3,750,000 authorized shares of common stock following the action.
The reverse split will uniformly impact all stockholders, as it
will not alter any stockholder's percentage equity interest in the
Company, and not result in any dilution, except to the extent that
the reverse split results in a stockholder owning a fractional
share. Any fractional shares resulting from the reverse split will
be rounded up to the next whole number.
Those shares of the Company's common stock held by stockholders
through a brokerage account will automatically adjust to reflect
the 1-for-80 share reverse split. It is not necessary that
stockholders holding shares of the Company's common stock in
certificated form exchange their existing stock certificates for
new stock certificates in connection with the reverse split,
although stockholders may do so if they wish.
Stockholders should direct any questions concerning the reverse
stock split to their broker or the Company's transfer agent, Vstock
Transfer, at https://www.vstocktransfer.com/.
About iQSTEL
iQSTEL Inc. is a multinational technology company that provides
services across telecom, fintech, blockchain, artificial
intelligence, and cybersecurity. The Company operates in 21
countries and serves a global customer base. It projects $340
million in revenue for fiscal year 2025.
In an auditor's report dated March 31, 2025, Urish Popeck & Co.,
LLC, issued a "going concern" qualification, citing that the
Company has suffered recurring losses from operations, negative
working capital, and does not have an established source of
revenues sufficient to cover its operating costs, which raise
substantial doubt about its ability to continue as a going
concern.
iQSTEL ended the year on Dec. 31, 2024 with a net loss of
$5,180,036, significantly widening from the $219,436 loss reported
for the year ended Dec. 31, 2023. The net results of the periods
reported are highly impacted by the expenses in the holding entity
(IQSTEL), which has a high component of interest and other
financial expenses related to the funds borrowed for the
acquisition of QXTEL Limited.
IVANTI SOFTWARE: S&P Downgrades Issuer Credit Rating to 'SD'
------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Ivanti
Software Inc. to 'SD' (selective default) from 'CCC+' and its
issue-level ratings on its original first- and second-lien term
loans to 'D' from 'CCC+' and 'CCC-', respectively.
The rating will remain 'SD' until the company closes the offer to
lenders, and S&P will reevaluate its ratings on Ivanti and its
capital structure as soon as practical.
Ivanti recently completed a debt restructuring, including a
comprehensive maturity extension, that S&P Global Ratings views as
a distressed debt transaction. Absent the transaction, S&P projects
the company would have faced material near-term liquidity
challenges.
The downgrade follows Ivanti's execution of a debt restructuring.
As part of the transaction, the company issued a new $350 million
super-priority term loan and extended its revolving credit facility
with the support of about 82% of its first-lien term loan holders,
87% of its second-lien term loan holders, and 100% of its revolving
credit facility commitments. Additionally, it transferred some
collateral for its existing debt from a guarantor entity to a
non-guarantor entity. The credit agreements for the first- and
second-lien term loan tranches were also amended to remove
substantially all affirmative and negative covenants, events of
default, mandatory prepayments, most reporting covenants, and
certain other protections.
The company also plans to exchange the existing term loans with new
term loans at par featuring an extended maturity, with all existing
lenders given an opportunity to participate in the new term loans.
The new term loans will have tighter covenants and the new
first-lien term loan will have a higher interest rate (50 basis
points [bps] higher for the $1.8 billion term loan and 75 bps
higher for the $465 million term loan). The lenders for the new
first- and second-lien term loans will be lien subordinated to the
new super-priority debt with respect to certain collateral.
Additionally, the non-participating secured first- and second-lien
holders' collateral support will weaken because the participating
lenders will benefit from enhanced collateral under the new
facilities.
S&P Global Ratings view this transaction as providing less than the
company originally promised its lenders, given the lien
subordination of the existing term loans to the $350 million
super-priority term loan and revolver with respect to certain
collateral, the transfer of some collateral from guarantor to
non-guarantor status for the existing term loans, and the
amendments made to the credit agreements for the existing term
loans.
The transaction provides Ivanti with much-needed liquidity support
to help it complete its transition to a software-as-a-service
(SaaS) and subscription business model, while enabling it to
continue investing in its product offerings and security
infrastructure. S&P said, "We believe that without this
transaction, the company's liquidity position would weaken in the
near term, given its cashflow headwinds from the transition to
SaaS. Therefore, the cash flow deficits increase the risk that it
may face a liquidity event or conventional default absent this
exchange. Additionally, the nature of the capital structure changes
highlights Ivanti's distressed position, which indicates that this
is not a traditional refinancing undertaken in the normal course of
business operations."
Over the coming days, S&P will reassess its issuer credit rating on
Ivanti based on its improved liquidity position, extended maturity
profile, and new capital structure.
JAZ NCR: Plan Exclusivity Period Extended to June 13
----------------------------------------------------
Judge Gregory L. Taddonio of the U.S. Bankruptcy Court for the
Western District of Pennsylvania extended JAZ NCR, LLC and JAZ NCR
Holdings, LLC's exclusive periods to file a plan of reorganization
and obtain acceptance thereof to June 13 and August 11, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtors claim that JAZ
NCR, LLC's creditors will not be prejudiced by the requested
extension; on the contrary, JAZ NCR, LLC's creditors will be best
served with an extension of the Exclusivity Periods, as it will
help determine the precise amount due to each creditor.
The Debtors assert that JAZ NCR, LLC, JAZ NCR Holdings, LLC,
Century Mining, LLC, and Taurus Mining Finance Fund No. 2, L.P.
continue to work towards a consensual global resolution of all
disputes.
In addition, JAZ NCR, LLC intends to file a plan within the
extension of the Exclusivity Period but reserves all rights to
request an additional extension of time should more time become
necessary.
Attorneys for the Debtors:
Kirk B. Burkley, Esq.
Harry W. Greenfield, Esq.
BERNSTEIN-BURKLEY, P.C.
601 Grant Street 9th Floor
Pittsburgh, PA 15219
Tel: (412) 456-8100
E-mail: kburkley@bersteinlaw.com
About JAZ NCR LLC
JAZ NCR LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. W.D. Pa. Case No. 24-22804) on
Nov. 14, 2025, listing $1 million to $10 million in assets and $100
million to $500 million in liabilities. The petition was signed by
D. Scott Kroh as manager.
Judge Gregory L Taddonio presides over the case.
Kirk B. Burkley, Esq. at BERNSTEIN-BURKLEY, P.C. represents the
Debtor as counsel.
JBSB DESTINY: Case Summary & Four Unsecured Creditors
-----------------------------------------------------
Debtor: JBSB Destiny Enterprises Co.
Massage Heights Vintage Park
134 Vintage Park Blvd Suite D
Houston, TX 77070-4085
Business Description: The Debtor operates a Massage Heights
franchise that offers licensed massage
therapy and facial services.
Chapter 11 Petition Date: May 6, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-32566
Judge: Hon. Jeffrey P Norman
Debtor's Counsel: Robert C. Lane, Esq.
THE LANE LAW FIRM
6200 Savoy Dr Ste 1150
Houston TX 77036-3369
Tel: (713) 595-8200
E-mail: notifications@lanelaw.com
Total Assets: $50,006
Total Debts: $1,056,900
The petition was signed by Jerry Boyd as president.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4EESX6Q/JBSB_Destiny_Enterprises_Co__txsbke-25-32566__0001.0.pdf?mcid=tGE4TAMA
JDI CUMBERLAND: Seeks Chapter 11 Bankruptcy in Georgia
------------------------------------------------------
On May 5, 2025, JDI Cumberland Inlet 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
$10 million and $50 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About JDI Cumberland Inlet LLC
JDI Cumberland Inlet LLC is engaged in real estate-related
activities. The Company focuses on property development and related
investment ventures.
JDI Cumberland Inlet LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55072) on May 5,
2025. In its petition, the Debtor reports estimated assets between
$100 million and $500 million and estimated liabilities between $10
million and $50 million.
The Debtor is represented by William Rountree, Esq. at ROUNTREE,
LEITMAN, KLEIN & GEER, LLC.
JEWELRY DESIGNER: Taps Prominent International Inc. as Gemologist
-----------------------------------------------------------------
Jewelry Designer Showcase Inc. seeks approval from the U.S.
Bankruptcy Court for the Eastern District of New York to hire
Prominent International Inc. as gemologist.
The firm will conduct a physical inspection of the Gems and to
provide an appraisal of the liquidation value of the Gems.
The firm will be entitled to compensation of a flat fee for the
Appraisal in the sum of up to $6,500.
Janak Dave, president and owner of Prominent International Inc.,
assured the court that his firms is disinterested as that term is
defined in Bankruptcy Code section 101(14).
The firm can be reached through:
Janak Dave
Prominent International Inc.
608 Fifth Ave, Suite #903
New York, NY 10020
About Jewelry Designer Showcase
Jewelry Designer Showcase Inc. is a jewelry designer in Staten
Island, N.Y. It conducts business under the name Dannunzio
Designed.
Jewelry Designer Showcase filed Chapter 11 petition (Bankr.
E.D.N.Y. Case No. 25-40076) on January 9, 2025, with up to $50,000
in assets and up to $10 million in liabilities.
Judge Elizabeth S. Stong handles the case.
Avrum J. Rosen, Esq., at the Law Offices of Avrum J. Rosen, PLLC,
is the Debtor's bankruptcy counsel.
JRI LLC: Claims to be Paid From Income and Sale Proceeds
--------------------------------------------------------
JRI LLC filed with the U.S. Bankruptcy Court for the Western
District of Tennessee a Second Amended Plan of Reorganization dated
April 3, 2025.
The Debtor is a Tennessee Limited Liability Company that is owned
and managed by one individual.
Class 6 consists of the General Unsecured Creditors. Creditors in
Class 6 will be upon liquidation of certain undeveloped real
property in the Bankruptcy Estate.
Creditor POC Mo. Pmt Distribution
-------- ---- ------- ------------
Maximus Building Supply $ 50,294.41 $ 188.60 $ 15,088.00
Sherwin Williams 5,663.41 21.73 1,699.02
Navy Federal Credit Union 15,337.00 50.76 4,601.28
ABC Supply 20,087.54 75.32 6,026.00
Javonte & Myriam Santos 48,625.00 182.34 14,587.80
20 Delta Industries 36,290.79 136.87 10,887.23
Zurich Insurance 00.00 00.00
City Electric 6,892.85 25.84 2,067.85
Divvy 21,000.00 78.75 6,300.00
East Coast Distributors 16,665.16 62.44 4,995.54
Jimmy Whittington 11,000.00 55.01 3,300.90
Regus 133.00 lump sum 39.90
RE Michael Co. 7,248.63 26.30 2,104.58
Safety Quipp 1,100.00 lump sum 330.00
General Shale 35,575.00 133.41 10,672.80
Wells Fargo Bank 38,076.22 126.92 7,615.24
Class 8 consists of Gold Standard Construction, LLC in the amount
of $146,559.00. As an insider, Class 8 will not participate in the
Plan and will not vote for confirmation of the Plan, US Bank v The
Village Laveridge, LLC 814 F3d 993 (9th Cir. 2016).
Class 9 consists of the disputed claim of Katina Brown in the
amount of $21,851.83. The Managing Member of the Debtor does not
recognize this claim and does not believe the Debtor owes any
amount. Assuming the Objection to the Claim is sustained, Class 8
will not participate in the Plan and will not vote to confirm the
Plan.
The Plan will be funded by: (a) the Cash on hand, that will be
transferred to the Reorganized Debtor, on the Effective Date; (b)
the weekly income generated by the Debtor through DIP Funding and
the liquidation of certain undeveloped real property of the estate.
On the Effective Date, the Reorganized Debtor will execute and
deliver each of the amended and restated instruments and all of the
assets, properties, and rights of the Debtor of every type and
description, tangible, intangible, wherever located, including
post-petition leases, shall be transferred and automatically vest
in the Reorganized Debtor, free and clear of all liens, claims,
rights of setoff, security interests, pledges, encumbrances,
adverse right of interest, covenants, charges, debts and
contractually imposed restrictions, and all such all liens, claims,
rights of setoff, security interests, pledges, encumbrances,
adverse right of interest, covenants, charges, debts and
contractually imposed restrictions, shall be extinguished, except
as provided for in the Plan.
A full-text copy of the Second Amended Plan dated April 3, 2025 is
available at https://urlcurt.com/u?l=OKcgPk from PacerMonitor.com
at no charge.
Counsel to the Debtor:
John E. Dunlap, Esq.
Law Office of John E. Dunlap
3340 Polar Avenue, Suite 320
Memphis, Tennessee 38111
Tel: (901) 320-1603
Fax: (901) 320-6914
Email: jdunlap00@gmail.com
About JRI, LLC
JRI, LLC, is a Tennessee Limited Liability Company that is owned
and managed by one individual.
The Debtor filed a Chapter 11 bankruptcy petition (Bankr. W.D.
Tenn. Case No. 24-22756) on June 10, 2024, disclosing under $1
million in both assets and liabilities. The Debtor is represented
by LAW OFFICE OF JOHN E. DUNLAP.
KENSINGTON VILLAGE: Hires Rountree Leitman Klein as Counsel
-----------------------------------------------------------
Kensington Village Apts, LLC and its affiliates seek approval from
the U.S. Bankruptcy Court for the Northern District of Georgia to
employ Rountree, Leitman, Klein & Geer, LLC as counsel.
The firm will provide these services:
(a) give the Debtors legal advice with respect to its power
and duties;
(b) prepare on behalf of the Debtors any necessary legal
papers;
(c) assist in examination of the claims of creditors;
(d) assist with formulation and preparation of the disclosure
statement and plan of reorganization and with the confirmation and
consummation thereof; and
(e) perform all other legal services for the Debtors as that
may be necessary herein.
The firm's counsel and staff will be paid at these hourly rates:
William Rountree, Attorney $595
Will Geer, Attorney $595
Michael Bargar, Attorney $535
David Klein, Attorney $495
Hal Leitman, Attorney $425
William Matthews, Attorney $425
Ceci Christy, Attorney $425
Elizabeth Childers, Attorney $395
Caitlyn Powers, Attorney $375
Shawn Eisenberg, Attorney $300
Elizabeth Miller, Paralegal $290
Megan Winokur, Paralegal $175
Catherine Smith, Paralegal $150
Law Clerk $175
The firm received pre-petition retainers of $50,000 for each
Debtor, for a total of $150,000, from Kensington Village Apts,
LLC.
Mr. Rountree disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
William A. Rountree, Esq.
Rountree, Leitman, Klein & Geer, LLC
Century Plaza I
2987 Clairmont Road, Suite 350
Atlanta, Georgia 30329
Telephone: (404) 584-1238
Email: wrountree@rlkglaw.com
About Kensington Village Apts, LLC
Kensington Village Apts, LLC and its affiliates, Avondale Homes 2,
LLC and Avondale Homes, LLC, filed Chapter 11 petitions (Bankr.
N.D. Ga. Lead Case No. 25-53099) on March 21, 2025.
At the time of the filing, Kensington listed up to $50,000 in
assets and between $50 million and $100 million in liabilities.
Judge Lisa Ritchey Craig oversees the cases.
William Rountree, Esq., at Rountree, Leitman, Klein & Geer, LLC, is
the Debtor's legal counsel.
KIB1 LLC: Seeks to Hire Spencer Fane LLP as Counsel
---------------------------------------------------
KIB1 LLC seeks approval from the U.S. Bankruptcy Court for the
District of Nevada to employ Spencer Fane LLP as counsel.
The firm's services include:
a. advising Debtor of its rights and obligations and performance
of its duties during administration of this Chapter 11 Case;
b. attending meetings and negotiations with other parties in
interest on Debtor's behalf in this Chapter 11 Case;
c. taking all necessary actions to protect and preserve Debtor's
estate;
d. seeking this Court's approval and confirmation of a plan of
reorganization, the accompanying disclosure statement, and all
papers and pleadings related thereto and in support thereof and
attending court hearings related thereto;
e. representing Debtor in all proceedings before this Court or
other courts of jurisdiction in connection with this Chapter 11
Case;
f. assisting Debtor in developing legal positions and strategies
with respect to all facets of this proceeding;
g. assisting Debtor with consummating the transactions
contemplated pursuant to the Settlement Agreement;
h. preparing on Debtor's behalf necessary applications, motions,
answers, orders and other documents; and
i. performing all other legal services for Debtor in connection
with this Chapter 11 Case and other general corporate and
litigation matters, as may be necessary.
The firm will be paid at these rates:
Richard F. Holley - Of Counsel $860 per hour
Michael F. Patterson - Partner $800 per hour
Eric M. Van Horn - Partner $740 per hour
Patrick T. Derksen - Of Counsel $680 per hour
Marilyn Fine - Partner $680 per hour
McKay Holley - Associate $450 per hour
Luzmarina Vargas - Paralegal $230 per hour
Prior to the Petition Date, Spencer Fane received a retainer
payment of $100,000 the Debtor. The amount of $66,574.00 was
applied to pay Spencer Fane's fees and costs owing by KIB1 LLC,
KIB2 LLC and KIB3 LLC through March 16, 2025. The remaining balance
of $33,426 is being held in Spencer Fane's trust account.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Holley disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Richard F. Holley, Esq.
R. McKay Holley, Esq. Esq.
Spencer Fane LLP
300 South Fourth Street, Suite 1600
Las Vegas, NV 89101
Tel: (702) 408-3400
Fax: (702) 408-3401
About KIB1 LLC
KIB1 LLC and its affiliates are an investment and real estate
holding firms headquartered in Las Vegas.
KIB1 and its affiliates, KIB2 LLC and KIB3 LLC, filed Chapter 11
petitions (Bankr. D. Nev. Case Lead No. 25-11426) on March 16,
2025. In its petition, KIB1 reported between $10 million and $50
million in both assets and liabilities.
Judge August B. Landis oversees the cases.
The Debtors are represented by:
Richard F. Holley, Esq.
Spencer Fane, LLP
300 South Fourth Street, Suite 1600
Las Vegas, NV 89101
Tel: (702) 408-3400
Email: rholley@spencerfane.com
LAURENT TOWER: Seeks Chapter 11 Bankruptcy in Texas
---------------------------------------------------
On May 5, 2025, Laurent Tower LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Western District of Texas.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Laurent Tower LLC
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.
Laurent Tower LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-10669) on May 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Ronald Smeberg, Esq. at THE SMEBERG
LAW FIRM.
LCS UNLIMITED: Court Confirms Non-Appointment of Creditors' Panel
-----------------------------------------------------------------
Judge Christopher Hawkins of the U.S. Bankruptcy Court for the
Middle District of Alabama issued an order confirming no
appointment of a committee of unsecured creditors in L.C.S.
Unlimited, LLC's Chapter 11 case.
The order follows the recommendation from the U.S. Bankruptcy
Administrator for the Middle District of Alabama that no unsecured
creditors' committee be appointed in the case.
About L.C.S. Unlimited
L.C.S. Unlimited, LLC filed Chapter 11 petition (Bankr. M.D. Ala.
Case No. 24-32330) on Oct. 15, 2024, with $1 million to $10 million
in both assets and liabilities. The petition was signed by Lisa C.
Sweeney as member.
Judge Christopher L. Hawkins oversees the case.
Anthony B. Bush, Esq., at The Bush Law Firm, LLC is the Debtor's
bankruptcy counsel.
LEFEVER MATTSON: Hires Buchalter as Special Litigation Counsel
--------------------------------------------------------------
Lefever Mattson, a California corporation seeks approval from the
U.S. Bankruptcy Court for the Northern District of California to
employ Buchalter, A Professional Corporation, as special litigation
counsel.
The Debtor needs the firm's legal assistance in connection with
appellate case, Case No. A171038, pending with the California Court
of Appeals, First Appellate District, and judgment enforcement
matters related to that matter.
The firm will be paid at these rates:
Shareholders $1,000 per hour
Of Counsel $800 per hour
Associates $700 per hour
Paralegals $400 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Escovedo 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:
Josh H. Escovedo, Esq.
Buchalter, A Professional Corporation
500 Capitol Mall, Suite 1900
Sacramento, CA 95814
Tel: (916) 945-5170
Email: jescovedo@buchalter.com
About Lefever Mattson
LeFever Mattson, a California corporation, manages a large real
estate portfolio. Timothy LeFever and Kenneth W. Mattson each owns
50% of the equity in the company. Based in Citrus Heights, Calif.,
LeFever Mattson manages a portfolio of more than 200 properties,
comprised of commercial, residential, office, and mixed-use real
estate, as well as vacant land, located throughout Northern
California, primarily in Sonoma, Sacramento, and Solano Counties.
It generates income from the properties through rents and use the
proceeds to fund its operations.
LeFever Mattson and its affiliates filed voluntary Chapter 11
petitions (Bankr. N.D. Calif. Lead Case No. 24-10545) on September
12, 2024. At the time of the filing, LeFever Mattson listed $100
million to $500 million in assets and $10 million to $50 million in
liabilities.
Judge Charles Novack oversees the cases.
Thomas B. Rupp, Esq., at Keller Benvenutti Kim LLP represents the
Debtors as counsel. Kurtzman Carson Consultants, LLC is the
Debtors' claims and noticing agent.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
LEISURE INVESTMENTS: Trustee Forms 2-Member Chapter 11 Committee
----------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that the Office of
the U.S. Trustee has named two members to the official committee of
unsecured creditors in Leisure Investments Holdings LLC's Chapter
11 case, a dolphin encounter company.
About Leisure Investments Holdings
Leisure Investments Holdings LLC and affiliates are operating under
the name "The Dolphin Company," manage over 30 attractions,
including dolphin habitats, marinas, water parks, and adventure
parks, located in eight countries across three continents. Their
primary operations are based in Mexico, the United States, and the
Caribbean, with locations in Jamaica, the Cayman Islands, the
Dominican Republic, and St. Kitts. These attractions are home to
approximately 2,400 animals from more than 80 species of marine
life, including a variety of marine mammals such as dolphins, sea
lions, manatees, and seals, as well as birds and reptiles. As of
2023, the marine mammal population at the Debtors' parks includes
roughly 295 dolphins, 51 sea lions, 18 manatees, and 18 seals.
Leisure Investments Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case 25-10606) on
March 31, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Laurie Selber Silverstein handles the
case.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
Riveron Management Services, LLC as restructuring advisor; and
Kurtzman Carson Consultants, LLC d/b/a Verita Global, as claims &
noticing agent.
LFTD PARTNERS: Terminates All LOIs with Sustainable, TMD, Others
----------------------------------------------------------------
LFTD Partners Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that LFTD Partners Inc.
formally notified the counterparties to the following Letters of
Intent, each dated as of February 19, 2025, that such Letters of
Intent have been terminated, effective immediately:
1. Letter of Intent – Sustainable Innovations Inc. and
Marijuana Subsidiaries
2. Letter of Intent – TMD Ventures, LLC
3. Letter of Intent – Sustainable Properties, LLC and
Affiliates
4. Letter of Intent – Sustainable Growers, LLC and
Affiliates
5. Letter of Intent – Boards of Directors and Executives
After extensive review and negotiations, LIFD determined that the
conditions, expectations, and objectives underlying the Letters of
Intent could not reasonably be satisfied on acceptable terms. As a
result, LIFD has elected to terminate all such Letters of Intent in
accordance with their respective termination provisions.
The termination applies to all related transactions and agreements
contemplated under the aforementioned Letters of Intent, which are
now considered null and void with no further force or effect. LIFD
will not proceed with any of the transactions contemplated by the
terminated Letters of Intent.
A full-text copy of the Letter from LFTD Partners Inc., terminating
Letters of Intent with Sustainable parties is available at
https://tinyurl.com/2k7wfuhf
About LFTD Partners Inc.
Publicly traded LFTD Partners Inc. (OTCQB: LIFD), headquartered in
Jacksonville, Fla., is currently directly or indirectly involved in
the development, manufacture and/or sale or re-sale of a wide
variety of branded, hemp-derived, psychoactive and alternative
lifestyle products, and of products involving, nicotine, tobacco
and marijuana.
Spokane, Wash.-based Fruci & Associates II, the Company's auditor
since 2018, issued a "going concern" qualification in its report
dated March 31, 2024, 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, net losses, and is subject to unique
regulatory risks and uncertainties. These factors, among others,
raise substantial doubt about the Company's ability to continue as
a going concern.
As of Dec. 31, 2024, LFTD Partners had $47.3 million in total
assets, $9.8 million in total liabilities, and $37.5 million in
total shareholders' equity.
LODGING ENTERPRISES: Hires CBRE Inc. as Real Estate Consultant
--------------------------------------------------------------
Lodging Enterprises, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Kansas to employ CBRE, Inc as real estate
consultant.
The firm will market and sell substantially all of the Debtor's
assets, including the Debtor's 40 hotels and 27 restaurants.
The firm will be paid a commission of 1.5 percent of the gross
sales price.
The firm will also be paid a Break Up Fee. In the event Owner
removes the Property from the market in accordance with the
provisions of the agreement then owner shall pay to CBRE a break up
fee ("Break Up Fee") consisting of $200,000, and all unpaid
expenses due in accordance with this agreement.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Linda A. Bryson
CBRE, Inc.
2800 Post Oak Blvd, Suite 500
Houston, TX 77056
Tel: (914) 740-1922
Email: linda.bryson@cbre.com
About Lodging Enterprises, LLC
Founded in 1984, Lodging Enterprises, LLC, a company in Wichita,
Kansas, offers a full suite of crew accommodations, specializing in
24-hour food, lodging and hospitality services. A large segment of
the company's clientele are composed of railroad, and other
transportation-industry workers for whom it is essential that
lodging is available. The company owns and operates 44
Wyndham-branded hotels and 27 restaurants located in 23 states
across the country.
Lodging Enterprises filed a Chapter 11 petition (Bankr. D. Kan.
Case No. 24-40423) on June 26, 2024, with $100 million to $500
million in both assets and liabilities.
Jonathan Margolies, Esq., at SEIGFREID & BINGHAM, P.C., is the
Debtor's counsel.
LUCAS CONSTRUCTION: Gets Extension to Access Cash Collateral
------------------------------------------------------------
Lucas Construction Group, Inc. received second interim approval
from the U.S. Bankruptcy Court for the District of New Jersey to
use cash collateral.
The second interim order authorized the company to use the cash
collateral of its secured creditors to fund operating expenses in
accordance with its budget.
The Internal Revenue Service and BCB Community Bank assert an
interest in the company's cash collateral.
As protection, both secured creditors were granted a replacement
security interest in and lien on post-petition assets of the
company.
The second interim order will expire after a court hearing on cash
collateral scheduled for June 10.
BCB Community Bank is represented by:
Jeffrey A. Lester, Esq.
Braverman & Lester
374 Main Street
Hackensack, NJ 07601
Tel: (201) 487-5544
Fax: (201) 487-4026
About Lucas Construction Group
Lucas Construction Group, Inc. is a construction company based in
Morganville, N.J., specializing in heavy highway and road
construction as well as site redevelopment projects for both public
and private sectors. With over 15 years of experience, Lucas
Construction Group has worked with various federal, state, and
local agencies, handling complex construction tasks.
Lucas Construction Group filed Chapter 11 petition (Bankr. D. N.J.
Case No. 25-12404) on March 7, 2025, listing $5,181,262 in assets
and $16,950,049 in liabilities. Anthony Lucas, president of Lucas
Construction Group, signed the petition.
Judge Christine M. Gravelle oversees the case.
Andrew J. Kelly, Esq., at The Kelly Firm, P.C., represents the
Debtor as legal counsel.
LUCKY AND BLESSED: Seeks to Hire Elite BAT Services as Accountant
-----------------------------------------------------------------
Lucky and Blessed, LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to employ Elite BAT
Services, LLC as accountant.
The firm will provide these services:
(a) provide periodic financial statements;
(b) assist with preparation of bankruptcy monthly operating
reports;
(c) prepare and file state and local tax returns;
(d) prepare and file federal income tax returns; and
(e) assist the Debtor with any other accounting needs that may
arise.
The firm will be paid at these hourly rates:
Accountant $175
Staff $95
Nancy Vigil, a certified public accountant at Elite BAT Services,
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:
Nancy Vigil, CPA
Elite BAT Services, LLC
4514 Rowlett Road, Suite 103
Rowlett, TX 75088
Telephone: (469) 441-6394
About Lucky and Blessed
Lucky and Blessed, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-31286) on April
8, 2025, listing under $1 million in both assets and liabilities.
The Debtor tapped Gregory W. Mitchell, Esq., at Freeman Law, PLLC
as counsel and Elite BAT Services, LLC as accountant.
M & M BUCKLEY: Court Extends Cash Collateral Access to May 30
-------------------------------------------------------------
M & M Buckley Management Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
cash collateral.
The fifth interim order signed by Judge Janet Baer approved the use
of cash collateral through May 30 to pay the expenses set forth in
the company's budget, with a 10% variance allowed.
The budget projects total operational expenses of $17,999.49 for
May.
Community Loan Servicing, LLC was granted post-petition replacement
liens on the cash collateral and post-petition property of M & M to
the same extent and with the same priority as its pre-bankruptcy
lien.
As additional protection, Community Loan Servicing will receive
payment of $11,000.
M & M was ordered to maintain insurance on its real property,
listing Community Loan Servicing as the lien holder.
The next hearing is scheduled for May 28.
About M & M Buckley Management Inc.
M & M Buckley Management, Inc. is a professional property
management company based in Richton Park, IL. It specializes in
managing residential and commercial properties.
M & M sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-19108) on December
23, 2024, with $1 million to $10 million in both assets and
liabilities. Melvin T. Buckely, Jr., president of M & M, signed the
petition.
Judge Janet S. Baer handles the case.
The Debtor is represented by Gregory K. Stern, Esq., at Gregory K.
Stern, P.C.
Secured creditor Community Loan Servicing is represented by:
Jill Sidorowicz, Esq.
Noonan & Lieberman, Ltd.
33 N. LaSalle Street, Suite 1150
Chicago, IL 60602
Phone: (312) 605-3500
M.I.S. COMMODITIES: Seeks Subchapter V Bankruptcy in Florida
------------------------------------------------------------
On May 5, 2025, M.I.S. Commodities Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Florida. 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 M.I.S. Commodities Inc.
M.I.S. Commodities Inc. is a commodity broker based in Delray
Beach, Florida.
M.I.S. Commodities Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15027)
on May 5, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Erik P. Kimball handles the case.
The Debtor is represented by Adam I. Skolnik, Esq.
MANE SOURCE: Bankruptcy Administrator Unable to Appoint Committee
-----------------------------------------------------------------
The U.S. Bankruptcy Administrator for the Eastern District of North
Carolina disclosed in a filing that no official committee of
unsecured creditors has been appointed in the Chapter 11 case of
Mane Source Counseling, PLLC.
About Mane Source Counseling
Mane Source Counseling, PLLC provides counseling and wellness
services with the help of five horses used in therapy sessions.
Mane Source Counseling sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-00833) on March
7, 2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Cheryl Meola, company owner, signed the petition.
Judge David M. Warren oversees the case.
The Debtor is represented by:
Kathleen O'Malley, Esq.
Stevens Martin Vaughn & Tadych, PLLC
2225 W. Millbrook Road
Raleigh, NC 27612
Phone: 919-582-2300
Fax: (866) 593-7695
komalley@smvt.com
MAXIMUS SUPPLY: Court OKs Continued Access to Cash Collateral
-------------------------------------------------------------
Maximus Supply Chain Holdings, LLC received seventh interim
approval from the U.S. Bankruptcy Court for the Northern District
of Indiana, Hammond Division at Lafayette, to continue to use cash
collateral.
The seventh interim order authorized the company to use cash
collateral for operating expenses in accordance with its budget.
The company's six-week budget shows projected expenses of $66,813
for the week ending May 9; $110,773 for the week ending May 16;
$66,813 for the week ending May 23; $59,578 for the week ending May
30; $196,790 for the week ending June 6; and $96,940 for the week
ending June 13.
The court will hold a status conference on June 5.
About Maximus Supply Chain Holdings
Maximus develops innovative solutions and products servicing a
variety of industries including automotive, commercial vehicle,
agricultural equipment, RVs, and power manufacturing industries.
Maximus Supply Chain Holdings, LLC and its affiliates filed their
voluntary petitions for Chapter 11 protection (Bankr. N.D. Ind.
Lead Case No. 24-40167) on June 25, 2024, listing as much as $0 in
both assets and liabilities. Sam Bazzi, president and chief
executive officer, signed the petitions.
Judge Robert E. Grant oversees the cases.
The Debtor is represented by:
Sarah L. Fowler
Blackwell, Burke & Ramsey, P.C.
Tel: 317-533-7869
Email: sfowler@bbrlawpc.com
MCR HEALTH: Unsecured Claims Under $5K to Recover 75% in Plan
-------------------------------------------------------------
MCR Health, Inc., and AllCare Options, LLC filed with the U.S.
Bankruptcy Court for the Middle District of Florida a Disclosure
Statement for Joint Chapter 11 Plan of Reorganization dated April
3, 2025.
MCR is a nonprofit organization, incorporated as a not-for-profit
corporation (501(c)(3)) in the State of Florida operating as a
Federally Qualified Health Center ("FQHC") which provides health
care services, including medical, behavioral, dental and vision, to
all patients, including, the underserved and underinsured
communities of southwest Florida.
AllCare, an entity wholly owned by MCR, was incorporated in the
State of Florida operating as an affordable care organization under
the Medicare Shared Savings Program ("MSSP"). Its Board of
Directors voted to close down AllCare in 2023, therefore AllCare's
financial information is reported on the liquidity basis of
accounting for the years ended December 31, 2022, and 2023.
AllCare ceased all operations in 2024. AllCare does not believe
that it has assets or liabilities to administer. The Plan provides
that AllCare will dissolve on the Effective Date, and MCR will
reorganize as an ongoing non-profit organization. MCR and AllCare
shared key personnel, and MCR provided staffing and support for
AllCare; however, MCR and AllCare had different governing boards.
On January 8, 2025, MCR filed an Emergency Motion seeking to sell
real property (11.8 acres on Leonard Reid Road, Sarasota, Florida,
known by the Debtors as the "Leonard Reid Property") free and clear
of all liens, claims, encumbrances to Highmark Land, LLC ("Buyer")
("Sale Motion"). The Court approved the Sale Motion, and the sale
closed on or about February 28, 2025.
The Debtors and ServisFirst Bank split the sales proceeds as
evidenced by that certain notice filed at Doc. No. 282. The Debtors
are utilizing the cash they received in the amount of $1,127,113.87
to first pay administrative claims and priority claims on the
Effective Date of the Plan, and then will utilize the remaining net
proceeds for ongoing operations and Plan payments as set forth in
the Debtors' projections.
The Plan generally provides for reorganization of MCR, and
liquidation and dissolution of AllCare Options. The Debtors do not
believe AllCare Options has any assets or liabilities to
administer. Alternatively, MCR will reorganize by right-sizing its
operating expenses, much of which has already occurred (rejecting
leases and eliminating overly expensive, burdensome contracts),
reducing its workforce, and eliminating unprofitable lines of
business. MCR will pay its primary secured lender over the course
of a five-year Plan period, with administrative expense, priority,
and unsecured creditors paid from available cash flow (net of
operating costs), as well as potential recovery from any Avoidance
Actions and Litigation Proceeds.
The Debtors' Plan Projections and unsecured creditor
classifications also distinguish between payment of certain claims
from grant funds specifically awarded to MCR to pay specific
business operations, and from other net disposable income
(including litigation recoveries) which do not have prohibitive
uses and restrictions. To be clear, MCR receives grant funds which
must be utilized to pay specific operating expenses (i.e. trade
vendors, staffing expenses). MCR could lose its grant funding if it
uses grant funds to pay unauthorized claims (i.e., litigation
claims). Accordingly, as set forth below, Class 9 and Class 10 are
separate unsecured claim classes because some unsecured claims can
and should be paid from grant funds, and others may not be.
Class 8 consists of Allowed Unsecured Claims in the amount of
$5,000 or less each, including Allowed Unsecured Claims of those
Creditors that have elected to have their Claims treated in Class
8. On the Effective Date, or as soon thereafter as is practicable,
Holders of Allowed Class 8 Claims will be paid 75% of the Allowed
Amount of their Allowed Claim on the Effective Date. An Allowed
Claim in Class 8 may not exceed $5,000.00, to which the 75%
Distribution will apply. Class 8 is Impaired under the Plan.
Class 9 Claims consist of the Allowed General Unsecured Claim of
Trade Vendors and who do not elect to be treated as a Class 8
claimant. The holder of such Allowed Class 9 Claims will be paid up
to 50% of their claims over the 5-year Plan period in equal
installments, first from funds available from grants specifically
authorizing such payment, then from available Net Disposable
Income. Any Class 9 trade debt Claims who inadvertently received
payment on their Claims by the Debtor postpetition are deemed to
have received an advance payment of the Class 9 Claims for
distribution purposes as an offset to their claims. Class 9 is
Impaired under the Plan.
Class 10 Claims consist of the Allowed Unsecured Claims of
Litigation Claimants, Allowed Claims for lease and executory
contract rejection damages, not including Administrative
Convenience Claims, and the Note Payable of Thomas Walsh. Class 10
is Impaired under the Plan.
The holders of such Allowed Class 10 Unsecured Claims will be paid
50% Net Disposable Income After Fixed Payments (the "GUC
Distribution") up to 50% of their Allowed Claims, including from
Litigation Proceeds and all other available Net Disposable Income,
other than funds used to pay Class 8-9 Claims which are provided to
the Debtors from governmental or non governmental grants and not
authorized to be utilized for general operating or litigation
purposes.
The Debtors believe that, with the addition of a line of credit or
their $6.6 million internal line of credit, they have the ability
to perform their obligations under the Plan without further
financial liquidation; their Projections attached hereto support
this. Under the Plan, MCR is proposing to extend ServisFirst's debt
over the five-year Plan period, with a balloon payment at the end
to be refinanced with the support and backstop of the Debtors’
real estate and accounts receivable collateral.
The Debtors are proposing to pay trade payables and unsecured
claims from available cash flow. MCR also is proposing to pay all
other Litigation Claimants and claims of rejection damages from net
disposable income. There is a sound business justification for
bifurcating two classes of unsecured claims. The Debtors can use
grant funds to pay trade payables, as those are authorized and
allowed under federal funding statutes.
A full-text copy of the Disclosure Statement dated April 3, 2025 is
available at https://urlcurt.com/u?l=Qmb9VI from PacerMonitor.com
at no charge.
Counsel to the Debtors:
UNDERWOOD MURRAY P.A.
Megan W. Murray, Esq.
100 N. Tampa St. Suite 2325
Tampa, Florida 33602
Tel: (813) 540-8401
About MCR Health Inc.
MCR Health, Inc., is a nonprofit organization, incorporated as a
not-for-profit corporation (501(c)(3)) in the State of Florida
operating as a Federally Qualified Health Center ("FQHC").
The Debtor filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
24-06604) on November 8, 2024, listing between $10 million and $50
million in both assets and liabilities. Mary Ruiz, board chair,
signed the petition.
Judge Roberta A. Colton oversees the case.
The Debtor is represented by Steven M. Berman, Esq., at Shumaker,
Loop & Kendrick, LLP.
ServisFirst Bank, as secured creditor, is represented by:
Lara Roeske Fernandez, Esq.
Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A.
101 East Kennedy Boulevard, Suite 2700
Tampa, FL 33602
Tel: (813) 223-7474
Fax: (813) 229-6553
lfernandez@trenam.com
MEGNA HOSPITALITY: Case Summary & One Unsecured Creditor
--------------------------------------------------------
Debtor: Megna Hospitality Investments, Inc.
8740 Winnetka Ave
Northridge CA 91324
Business Description: Megna Hospitality Investments, Inc.
specializes in leasing real estate
properties.
Chapter 11 Petition Date: May 6, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-10785
Judge: Hon. Martin R. Barash
Debtor's Counsel: Michael Kwasigroch, Esq.
LAW OFFICES OF MICHAEL D. KWASIGROCH
1975 Royal Ave Suite 4
Simi Valley CA 93065
Tel: 805-522-1800
E-mail: attorneyforlife@aol.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Mahmud Ulkarim as president.
The Debtor has listed IHG Hotels and Resorts, located at 3 Ravinia
Drive, Suite 100, Atlanta, GA, as its sole unsecured creditor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/3MO5GXY/Megna_Hospitality_InvestmentsInc__cacbke-25-10785__0001.0.pdf?mcid=tGE4TAMA
MERCER INTERNATIONAL: Egan-Jones Retains B+ Sr. Unsecured Ratings
-----------------------------------------------------------------
Egan-Jones Ratings Company on April 29, 2025, maintained its 'B+'
foreign currency and local currency senior unsecured ratings on
debt issued by Mercer International, Inc. EJR also withdrew rating
on commercial paper issued by the Company.
Headquartered in Vancouver, Canada, Mercer International, Inc. owns
and operates three modern pulp mills.
MILLENKAMP CATTLE: Hires Sterling Ag as Financial Consultant
------------------------------------------------------------
Millenkamp Cattle, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Idaho to employ Sterling
Ag Management, LLC as financial consultant.
The firm will render these services:
(a) expert testimony on behalf of Millenkamp Cattle, Inc.,
related to its bankruptcy Plan; and
(b) perform such other and further services and tasks
associated to the foregoing as requested, from time to time, by
Client.
The firm will charge $420 per hour for its services.
Eric M. Haggerty, owner of Sterling Ag Management, assured the
court 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 through:
Eric M. Haggerty
Sterling Ag Management, LLC
6921 N Wendell Ct
Park City, KS 67219
About Millenkamp Cattle
Millenkamp Cattle Inc., is part of a family-owned agriculture
business that can produce more than 1 million pounds of milk per
day.
Millenkamp Cattle Inc. and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Idaho Lead Case
No. 24-40158) on April 2, 2024. In the petitions filed by William
J. Millenkamp, manager, Millenkamp Cattle estimated assets between
$10 million and $50 million and estimated liabilities between $500
million and $1 billion.
Judge Noah G. Hillen oversees the cases.
The Debtors tapped Matthew T. Christensen, Esq., at Johnson May,
PLLC as bankruptcy counsel and Givens Pursley as special counsel.
MOLECULAR TEMPLATES: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Molecular Templates, Inc.
About Molecular Templates
Molecular Templates Inc. is a clinical-stage biopharmaceutical
company established in 2001, focusing on the discovery and
development of innovative, targeted biologic therapeutics. In
particular, Molecular Templates specializes in developing
proprietary "engineered toxin bodies" ("ETBs"), a next-generation
biologic platform designed to treat cancer and other diseases. The
ETBs that Molecular Templates has developed can target cancer in
unique ways with the potential to overcome tumor resistance
mechanisms.
Molecular Templates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-10739) on April
20, 2025. In its petition, the Debtor reported total assets of
$2,492,278 and total debts of $29,416,746 as of April 18, 2025.
Judge Brendan Linehan Shannon handles the case.
The Debtor is represented by Eric D. Schwartz, Esq., Andrew R.
Remming, Esq., Austin T. Park, Esq., and Jake A. Rauchberg, Esq. at
Morris, Nichols, Arsht & Tunnell LLP. Kurtzman Carson Consultants,
LLC is the Debtor's claims and noticing agent.
MOWBRAY WATERMAN: Hires Keller Williams as Real Estate Broker
-------------------------------------------------------------
Mowbray Waterman Property, LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
Keller Williams Realty Tulare County as real estate broker.
The firm will market and sell the Debtor's real property located at
17332 Millwood Dr., Visalia, CA 93292.
The firm will be paid a commission of 3 percent of the gross sale
price, plus 2 percent of the gross sale price if buyer is
unrepresented.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Kyrstin Souza
Keller Williams Realty Tulare County
5110W. Cypress Ave.
Visalia, CA 93277
Tel: (559) 679-9119
About Mowbray Waterman Property, LLC
Mowbray Waterman Property, LLC is a real estate company based in
San Bernardino, Calif., specializing leasing of commercial and
residential properties.
Mowbray Waterman Property sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10930) on
February 19, 2025. In its petition, the Debtor reported between $1
million and $10 million in both assets and liabilities.
Judge Mark D. Houle handles the case.
The Debtor is represented by Lauren Gans, Esq., at Elkins Kalt
Weintraub Reuben Gartside, LLP.
MT. PLEASANT: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Mt. Pleasant Realty Co., LP.
About Mt. Pleasant Realty Co.
Mt. Pleasant Realty Co. LP is a single asset real estate
partnership that owns and manages commercial or residential
property in Pennsylvania.
Mt. Pleasant Realty Co. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11247) on March 31,
2025, listing between $1 million and $10 million in both assets and
liabilities.
Judge Derek J. Baker handles the case.
The Debtor is represented by Albert Anthony Ciardi, III, Esq., at
Ciardi Ciardi & Astin.
NETCAPITAL INC: Registers 721,153 Warrant Shares for Resale
-----------------------------------------------------------
Netcapital Inc. filed a Registration Statement on Form S-1 with the
U.S. Securities and Exchange Commission relating to the offer and
resale by certain selling shareholders -- Lind Global Fund II LP,
Intracoastal Capital LLC, Michael Vasinkevich, Noam Rubinstein,
Craig Schwabe, and Charles Worthman -- of up to an aggregate of
721,153 shares of common stock, par value $0.001 per share of the
Company, consisting of shares of Common Stock issuable upon the
exercise of various common stock purchase warrants. Specifically:
(i) common stock purchase warrants, to purchase up to 361,148
shares of Common Stock, at an exercise price of $2.07 per share;
issued by the Company to certain accredited investors on January
13, 2025 pursuant to an inducement offer letter agreement, dated as
of January 9, 2025;
(ii) common stock purchase warrants, to purchase up to 180,574
shares of Common Stock, at an exercise price of $2.07 per share;
issued by the Company to certain accredited investors on January
13, 2025 pursuant to the January 2025 Inducement Letter;
(iii) common stock purchase warrants to purchase up to 20,315
shares of Common Stock issued by the Company on January 13, 2025 to
designees of H.C. Wainwright & Co., LLC, as exclusive placement
agent, at an exercise price of $2.25 per share pursuant to an
engagement letter dated November 7, 2024 between the Company and
Wainwright;
(iv) common stock purchase warrants, to purchase up to 79,558
shares of Common Stock, at an exercise price of $2.03 per share;
issued by the Company to certain accredited investors on March 5,
2025 pursuant to an inducement offer letter agreement, dated as of
March 5, 2025; and
(v) common stock purchase warrants, to purchase up to 79,558
shares of Common Stock, at an exercise price of $2.03 per share;
issued by us to certain accredited investors on March 5, 2025
pursuant to the March 2025 Inducement Letter.
The shares issuable upon the exercise of these Warrants are
collectively referred to as the "Warrant Shares," with each type of
Warrant having its corresponding Warrant Shares as defined in the
paragraphs above.
The A-5 Inducement Warrants are exercisable on July 15, 2025 and
expire on July 15, 2030. The A-6 Inducement Warrants are
exercisable on July 13, 2025 and expire on January 13, 2027. The
Placement Agent Warrants are exercisable on July 15, 2025 and
expire on July 15, 2030. The A-7 Inducement Warrants are
exercisable on September 5, 2025 and expire on September 5, 2030.
The A-8 Inducement Warrants are exercisable on September 5, 2025
and expire on March 5, 2027
The Shares will be resold from time to time by the Selling
Shareholders listed in the section titled "Selling Shareholders"
beginning on page 15.
The Selling Shareholders, or their respective transferees,
pledgees, donees, or other successors-in-interest, will sell the
Shares through public or private transactions at prevailing market
prices, at prices related to prevailing market prices or at
privately negotiated prices. The Selling Shareholders may sell any,
all or none of the securities offered by this prospectus, and the
Company do not know when or in what amount the Selling Shareholders
may sell their Shares hereunder following the effective date of
this registration statement.
The Company are registering the Shares on behalf of the Selling
Shareholders, to be offered and sold by them from time to time.
While it will not receive any proceeds from the sale of our Common
Stock by the Selling Shareholders in the offering described in this
prospectus, the Company may receive up to:
(i) $2.07 per share upon the cash exercise of the A-5 and A-6
Inducement Warrants,
(ii) 2.03 per share upon the cash exercise of the A-7 and A-8
Inducement Warrants and
(iii) $2.25 per share upon the cash exercise of the Placement
Agent Warrants.
Upon the exercise of the Warrants for all 721,153 Shares by payment
of cash, the Company would receive aggregate gross proceeds of
approximately $1,454,000. However, the Company cannot predict when
and in what amounts or if the Warrants will be exercised, and it is
possible that the Warrants may expire and never be exercised, in
which case the Company would not receive any cash proceeds. The
Company have agreed to bear all of the expenses incurred in
connection with the registration of the Shares. The Selling
Shareholders will pay or assume discounts, commissions, fees of
underwriters, selling brokers or dealer managers and similar
expenses, if any, incurred for the sale of the Shares.
The Common Stock is currently listed on the Nasdaq Capital Market
under the symbol "NCPL" On April 11, 2025, the last reported sale
price of Common Stock was $1.7907
A full-text copy of the Registration Statement is available at
https://tinyurl.com/mrp7nt9f
About Netcapital Inc.
Headquartered in Boston, Mass., Netcapital Inc. --
www.netcapital.com -- is a fintech company with a scalable
technology platform that allows private companies to raise capital
online and provides private equity investment opportunities to
investors. The Company's consulting group, Netcapital Advisors,
provides marketing and strategic advice and takes equity positions
in select companies. The Company's funding portal, Netcapital
Funding Portal, Inc. is registered with the U.S. Securities &
Exchange Commission (SEC) and is a member of the Financial Industry
Regulatory Authority (FINRA), a registered national securities
association.
Spokane, Washington-based Fruci & Associates II, PLLC, the
Company's auditor since 2017, issued a "going concern"
qualification in its report dated July 29, 2024, citing that the
Company has negative working capital, net operating losses, and
negative cash flows from operations. These factors, among others,
raise substantial doubt about the Company's ability to continue as
a going concern.
As of January 31, 2025, the Company had $39,900,677 in total
assets, $4,930,412 in total liabilities, and total stockholders'
equity of $34,970,265.
NEWELL BRANDS: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
--------------------------------------------------------------
Fitch Ratings has affirmed Newell Brands Inc.'s Long-Term Issuer
Default Rating (IDR) at 'B+', first lien secured revolver at 'BB+'
with a Recovery Rating of 'RR1' and unsecured debt at 'BB-'/'RR3'.
The Rating Outlook is Stable.
The 'B+' ratings reflect recent operating challenges that have led
to elevated leverage, despite Newell's portfolio of
well-established brands. The company has taken steps to reposition
its brand portfolio and realign its business segments and supply
chain network, showing signs of traction with margin improvement in
2024. However, Fitch expects top line will remain pressured given
macroeconomic headwinds, with EBITDA expected to be below $900
million and EBITDA leverage (gross debt to EBITDA) elevated in the
mid-5x over the next 12-24 months.
Key Rating Drivers
Declines in Top Line and EBITDA: Newell's operations have faced
challenges due to changing consumer behavior, market share losses
in some its categories, and a slowdown in consumer spending on
discretionary products given moderating consumer fundamentals.
Fitch expects top line to decline around 5% in 2025, reflecting
core sales declines of around 3%, and for it to be flat in 2026.
Core sales, a Newell metric excluding impacts from mergers and
acquisitions (M&A) and non-comparable factors like category exits,
fell by 3.4% in 2024 and 12.2% in 2023.
Fitch projects EBITDA will decline to the high $800 million range
in 2025 from around $900 million in 2024, assuming margins remain
stable at around 12%, with EBITDA range bound over the next 24-36
months. Fitch's projections consider tariff headwinds Newell
detailed in its first-quarter earnings, excluding the additional
125% U.S. tariffs on China. The company expects the additional
tariffs could reduce EPS by as much as $0.10 or roughly $50 million
in EBITDA if they remain in effect for the full year.
Elevated Leverage: Gross leverage declined to 5.5x in 2024 compared
to 6.2x in 2023, but remains higher than the 4.9x in 2022 and 3.7x
in 2021, given declines in EBITDA. Fitch expects EBITDA leverage to
remain in the mid-to-high 5x range, reflecting flat debt levels.
The company has close to $1.2 billion due in 2026 and Fitch expects
the maturities to be largely refinanced over the course of 2025.
Liquidity is adequate in the near term, with $233 million of cash
on hand as of March 31, 2025, and approximately $485 million of
availability under the company's revolving credit facility due
2027. Fitch expects free cash flow (FCF) to be flat to modestly
positive in 2025-2026.
Business Realignment: The company has realigned its business
segments several times in recent years to drive growth and improve
profitability. Its learning and development business (36% of 2024
revenue) has shown signs of stabilization while its home and
commercial solutions (54%) and its outdoor and recreation (10%)
verticals, in particular, continue to see meaningful declines.
Newell expects to sustain low single-digit organic sales growth
over the medium term by strengthening brands through increased
innovation, focusing on omnichannel initiatives (with e-commerce at
over 20% of sales), and accelerating international growth (around
38% of 2024 sales).
Major Brands Drive Revenue: Fitch expects revenue could stabilize
in the low $7 billion range in 2026, well below the high $9 billion
range in 2019-2022, on improved industry prospects supported by
investments in its core brands. In mid-2023, Newell announced plans
to focus on front-end or brand capability buildout, concentrating
on larger, more profitable brands in its top 10 countries,
prioritizing the business in the U.S., and disproportionately
investing in mid- and high-price point segments. Newell's top 25
brands comprise around 90% of its revenue and profits, and the
company has pruned less profitable brands, exiting 2024 with
approximately 55 brands versus 80 brands in 2023.
Return to 14% EBITDA Margin Challenging: The company has announced
several restructuring initiatives around supply chain, savings, and
organizational realignment to drive sales and margins over the last
few years. Given Newell's top line challenges and investments
required to support its brands, Fitch expects it could be
challenging to return to the 14% EBITDA range seen in 2019-2021.
However, Fitch expects margins to stabilize at 2024 levels of
around 12%, with gross margin improvements and cost cutting
initiatives expected to largely offset top line headwinds.
Peer Analysis
Newell's 'B+' rating reflects the company's operating challenges in
recent years, which have led to elevated leverage. Fitch expects
EBITDA to be below $900 million in the near term given
macroeconomic headwinds, with EBITDA leverage elevated in the
mid-to-high 5x.
Other consumer product companies within Fitch's rated portfolio
include Spectrum Brands, Inc. (BB/Stable), ACCO Brands Corporation
(BB/Negative), Central Garden & Pet Company (BB/Stable), and
Knowlton Development Corporation, Inc. (KDC; B-/Stable).
Spectrum's ratings reflect the company's low leverage across the
rating horizon, its relatively diversified portfolio, as well as
uncertainty around the company's business mix over the next several
years.
ACCO's rating and Negative Outlook reflects Fitch's view that
leverage could be sustained above 3.5x over the next 12-24 months
given ongoing declines in revenue and EBITDA, without a meaningful
offset from debt reduction from FCF.
Central's ratings reflect its strong market positions in the pet,
lawn & garden segments and ample liquidity supported by strong cash
on the balance sheet and robust FCF. Fitch expects EBITDA leverage
to be in the mid-3x range. These strengths are moderated by its
limited scale and customer concentration risk.
KDC's ratings reflect its position as a global leader in custom
formulation, packaging and manufacturing solutions for beauty,
personal care and home care brands, supported by a diverse product
portfolio and customer base. The ratings also consider KDC's
leverage at around 6x, weak interest coverage metrics and lack of
consistent FCF generation.
Key Assumptions
- Revenue declines in the mid-single digits to $7.2 billion in 2025
from $7.6 billion in 2024, reflecting core sales decline of around
-3% and low single digit currency headwinds. Sales are expected to
be flat to modestly positive thereafter;
- Operating EBITDA is expected to be modestly lower in 2025, in the
high-$800 million range compared to over $900 million in 2024 and
$1.2 billion in 2022, and is expected to be range bound in 2026.
EBITDA margin is expected to be stable around 12% barring more
material impact from tariffs, with benefits from restructuring and
cost reduction initiatives offsetting top line weakness and tariff
headwinds;
- Capex of around $250 million and dividends at close to $120
million annually;
- FCF is expected to remain flat to modestly positive in 2025-2026
given Fitch's projected EBITDA levels in the high $800 million
range.
- Fitch expects leverage to remain in the mid to high 5x in
2025/2026, compared with 5.5x in 2024, 6.2x in 2023 and 4.9x in
2022. The projected net EBITDA leverage of 5.5x in 2025 (around
5.3x excluding off-balance sheet factored receivables) is
significantly higher than Newell's long-term net leverage target of
2.5x;
- Newell's committed facilities have a floating interest rate
structure and Fitch assumes around 4.25% to 4.5% SOFR base rates
over the next 12 months and trending towards 3.5% thereafter.
Newell's notes have a fixed interest rate structure.
Recovery Analysis
Fitch's recovery assumes Newell's value is maximized as a going
concern in a post-default scenario, given a going concern valuation
of approximately $4.5 billion.
Fitch's going concern value is derived from a projected EBITDA of
around $750 million. The scenario assumes a lower revenue base of
$6 billion, around 20% below 2024 revenues of $7.6 billion,
assuming market share losses or discontinuation of some existing
brands in its portfolio. EBITDA margins could trend around 12% to
13% in a recovery scenario, below the 14% margins achieved
previously during 2019 through to 2021. A going-concern multiple of
6x was selected, within the 4x to 8x range observed for North
American corporates, reflecting Fitch's assessment of Newell's
industry dynamics and company-specific factors.
After deducting 10% administrative claims from the going concern
valuation and adjusting for senior ranking receivables claims, the
amended secured credit facility would have outstanding recovery
prospects and the unsecured claims would have good recovery
prospects. Fitch assumes the entire $1.0 billion revolver
commitment is fully drawn for the purposes of the recovery
analysis. Therefore, the senior secured credit facility is rated
'BB+'/'RR1' and the unsecured notes of approximately $4.6 billion
are rated 'BB-'/'RR3'.
The revolver has a first-lien security interest on all unencumbered
accounts receivable, inventory, and other specific domestic and
international assets, as well as a guarantee from certain domestic
and foreign subsidiaries. Availability is subject to an asset
coverage ratio of 1.05x, and there are financial covenants testing
the company's collateral coverage ratio and total net leverage
ratio. The maximum total net leverage ratio is set at 7.25x for
quarters ending Dec. 31, 2024 through and including June 30, 2025;
6.5x for the quarters ending Sept. 30, 2025 through and including
June 30, 2026; and 5.25x for the quarters ending Sept. 30, 2026 and
thereafter through maturity. The collateral coverage test requires
Newell to maintain a pledged collateral value to total revolving
credit exposure at a minimum ratio of 1.05x.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A negative rating action could result from worse than expected
operating performance leading to reduced visibility around Newell's
ability to stabilize its business such that EBITDA leverage is
sustained above 6x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- A positive rating action could result from a demonstrated ability
to grow core sales in the low single digits, improve EBITDA to over
$1 billion and deploy FCF towards debt reduction, such EBITDA
leverage is sustained under 5x.
Liquidity and Debt Structure
As of March 31, 2025, Newell had $233 million of cash on hand and
approximately $485 million of availability under the company's $1
billion revolver due 2027. This reflects a borrowing base of $870
million, with $350 million of borrowings and $29 million of letters
of credit outstanding.
Newell has two off-balance sheet factoring arrangements included as
part of Fitch-adjusted debt. The company has a customer receivable
factoring agreement to sell receivables of up to $700 million, and
a separate 3-year accounts receivable facility due Oct. 2026,
providing liquidity of up to $225 million between February and
April of each year, and up to $275 million at all other times. The
company had a total of $430 million borrowed collectively under
these facilities as of March 31, 2025.
Newell's total outstanding debt was approximately $5.4 billion at
March 31, 2025, including off-balance sheet factored receivables.
The company has around $50 million in debt maturities in 2025,
which it could pay down with cash on hand or revolver borrowings,
and around $1.235 billion of unsecured notes due in 2026 and $500
million due in 2027, which Fitch expects to be largely refinanced.
Issuer Profile
Newell is a global marketer of consumer and commercial products,
marketed under Paper Mate, Sharpie, Dymo, EXPO, Parker, Elmer's,
Coleman, Marmot, Oster, Sunbeam, FoodSaver, Mr. Coffee, Rubbermaid
Commercial Products, Graco, Baby Jogger, NUK, Calphalon,
Rubbermaid, Contigo, First Alert, Mapa, Spontex, Quickie and Yankee
Candle.
Summary of Financial Adjustments
- Historical EBITDA has been adjusted for stock-based compensation,
restructuring and restructuring related costs, acquisition
amortization and impairment, transaction and related costs, and
other items.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Newell Brands Inc. LT IDR B+ Affirmed B+
senior unsecured LT BB- Affirmed RR3 BB-
senior secured LT BB+ Affirmed RR1 BB+
NORTH AMERICAN SEALING: May 12 Deadline Set for Panel Questions
---------------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of North American
Sealing Solutions, LLC.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/4e26es99 and return it by email to
to Fernando Garnica – Fernando.Garnica@usdoj.gov – and Susan
Hersh – Susan.Hersh@usdoj.gov – no later than Monday, May 12,
2025.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About North American Sealing Solutions
North American Sealing Solutions, LLC is a manufacturer based in
Fort Worth, Texas, specializing in sealing products and machined
components for industries like oil and gas. Founded in 2010 by Tom
Oswald, the Company produces items such as O-rings, seals, rubber
products, and rebuild kits.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41374) on April 18,
2025. In the petition signed by Thomas Oswald, president, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Edward L. Morris oversees the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC,
represents the Debtor as bankruptcy counsel.
NORTHSTARR BUILDERS: Unsecureds to Split $10K over 48 Months
------------------------------------------------------------
Northstarr Builders, LLC, submitted a First Amended Plan of
Reorganization dated April 3, 2025.
The Debtor's financial projections show that the Debtor will have
projected disposable income in an amount sufficient to meet the
requirements of this Plan.
Class 1 consists of Priority Claim of the Internal Revenue
Service/State of Michigan. This class is not impaired. The IRS will
be paid over 48 months at 7% with the first payment of $485 due 90
days from the date of the Order Confirming Plan. The State of
Michigan will be paid over 48 months at 7% with the first payment
of $281 due 90 days from the date of the Order Confirming Plan.
Class 8 consists of Allowed Unsecured Creditors. This Class is
impaired. General unsecured claims total $422,428. Unsecured
creditors shall share in sum total of $10,000 over the life of the
plan. These funds shall be paid monthly with the first of 48
monthly payments of $209 due 12 months from confirmation with each
creditor paid on a prorate basis.
A full-text copy of the First Amended Plan dated April 3, 2025 is
available at https://urlcurt.com/u?l=yXIlVA from PacerMonitor.com
at no charge.
About Northstarr Builders
Northstarr Builders, LLC, sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No. 24-32419) on Dec.
23, 2024, with up to $100,000 in assets and up to $1 million in
liabilities. Marty Johnson, company owner, signed the petition.
Judge Joel D. Applebaum is the Debtor's legal counsel.
The Debtor is represented by:
George E. Jacobs, Esq.
Bankruptcy Law Office
2425 S. Linden Rd., Suite C
Flint, MI 48532
Tel: 810-720-4333
Email: george@bklawoffice.com
NUMALE CORP: Trustee Taps Garman Turner as Legal Counsel
--------------------------------------------------------
Michael Carmel, the Chapter 11 trustee of Numale Corporation, seeks
approval from the U.S. Bankruptcy Court for the District of Nevada
to employ Garman Turner Gordon LLP as his attorneys.
The firm will render these services:
a. advise the Trustee with respect to the rights, powers, and
duties as trustee;
b. commencing litigation, which may include a bad faith claim
against the carrier and claims against insiders;
c. prepare on behalf of the Trustee all necessary or
appropriate motions, applications, answers, orders, reports, and
other papers in connection with the administration of the Debtors'
estates;
d. advise and assist the Trustee with all actions he may take
to collect and recover property for the benefit of the Debtors'
estates;
e. to take all necessary or appropriate actions in connection
with any sale, plan, disclosure statement and all related
documents, and such further actions as may be required in
connection with the administration of the Debtors' estates;
f. take all necessary actions to protect and preserve the
Debtors' estates, including the prosecution of actions on Debtors'
behalf, the defense of any actions commenced against Debtors, the
negotiation of disputes in which the Debtors are involved, and the
preparation of objections to claims filed against the Debtors'
estates; and
g. perform all other necessary legal services in connection
with the prosecution and administration of the Debtors' Chapter 11
Cases.
The firm will receive compensation at these rates:
a. the firm's standard hourly rates are discounted by 50
percent; and
b. a discounted contingency fee measured against the amounts
recovered by the estate.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Gregory E. Garman, Esq., a partner at Garman Turner Gordon 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:
Gregory E. Garman, Esq.
Talitha Gray Kozlowski, Esq.
Garman Turner Gordon LLP
7251 Amigo Street, Suite 210
Las Vegas, NV 89119
Tel: (725) 777-3000
Email: tgray@gtg.legal
About Numale Corporation
Numale Corporation and six affiliates filed Chapter 11 petitions
(Bankr. D. Nev. Lead Case No. 25-10341) on January 22, 2025. At the
time of the filing, Numale reported up to $50,000 in both assets
and liabilities.
Judge Natalie M. Cox oversees the cases.
The Debtors are represented by David A. Riggi, Esq., at Riggi Law
Firm.
O&S HOLDINGS: Court OKs Rio Verde's Motion to Appoint Receiver
--------------------------------------------------------------
At the Plaintiff's behest, the United States District Court for the
District of Oregon will appoint a receiver under Federal Rule of
Civil Procedure 66 in the case styled RIO VERDE PLANTAS, LLC, a
Colorado limited liability company, Plaintiff v. O&S HOLDINGS, LLC,
a Missouri limited liability company, and TORY SCHWOPE, an
individual, Defendant, and RIO VERDE HOLDINGS, LLC, an Oregon
limited liability company, Nominal Defendant, Case No.
3:25-cv-00098-JR (D. Or.).
On February 7, the Plaintiff filed a motion to appoint receiver to
take possession, control, and management of Rio Verde Holdings'
business and assets during the pendency of the litigation to
preserve and maximize its value through dissolution and thereby
protect Rio Verde Holdings' creditors and members.
The Court held that the appointment of a receiver is appropriate
under Rule 66, and based on this Court's inherent equitable powers,
to preserve, manage, protect, collect rents, profits, and revenues
of Rio Verde Holdings' assets, and if necessary, liquidate
Holdings' assets, wherever located, or otherwise carry on the
business of Holdings.
Gene Buccola and the firm of High Plateau Asset Management, LLC are
appointed as a general receiver to take possession and control of
Holdings' assets in order to manage Holdings in a manner that will
maximize the value of the business with the authority and powers
set forth.
Pursuant to this Order, the receiver has the power to:
a. collect, control, manage, conserve, and protect the Estate
Property;
b. operate the business constituting the Estate Property in
the ordinary course;
c. in the ordinary course of business, incur unsecured debt
(but not debt from insiders or affiliates of Holdings) and pay
expenses incidental to Receiver's preservation, use, management,
and collection of the Estate Property;
d. assert a right, claim, cause of action, or defense of
Holdings that relates to the Estate Property;
e. assert in the name of Receiver any claim under ORS 95.200
to 95.310 assertable by any creditor of Holdings;
f. seek and obtain instruction from the Court concerning the
Estate Property, exercise of Receiver's powers, or performance of
Receiver's duties;
g. on subpoena, compel a person to submit to examination under
oath in the manner of a deposition in a civil case, or to produce
and permit inspection and copying of designated records or tangible
things with respect to the Estate Property;
h. engage and pay compensation to one or more professionals;
i. apply to a Court of another state for appointment as
ancillary receiver with respect to the Estate Property in that
state;
j. incur debt for the use or benefit of the Estate Property
other than in the ordinary course of business upon 14 days' notice
to Lender;
k. upon 14 days' notice to Lender, borrow from Rio Verde
Plantas, LLC, Matt Edmundson, or any affiliated entity, or from O&S
Holdings, LLC, Tory Schwope, or any affiliated entity with or
without the necessity of issuing receiver's certificates;
l. make improvements to the Estate Property upon 14 days'
notice to Lender;
m. use or transfer the Estate Property other than in the
ordinary course of business upon 14 days' notice to Lender;
n. sell, encumber, pledge, lease, transfer or the like, real
property constituting Estate Property;
o. sell, use, lease, exchange, encumber or the like, personal
property constituting Estate Property outside of the normal course
upon 14 days' notice to Lender or upon Lender consent;
p. assume or reject executory contracts of Holdings upon 14
days' notice to Lender;
q. pay compensation to Receiver upon 10 days' notice to
Lender;
r. determine whether or not to establish a claims procedure;
s. allow or disallow a claim of a creditor;
t. commence a voluntary bankruptcy case on behalf of Holdings
if, in the Receiver's business judgment, with 14 days' advance
notice to O&S and Plantas, and with Lender's consent to Holdings'
use of Lender's cash collateral pursuant to an agreed upon budget
prior to filing;
u. file an answer to the involuntary petition and oppose the
removal of the Receiver or turnover obligations under 11 U.S.C.
Section 543(d); and
v. take any other actions the Court deems reasonably necessary
for the preservation of the Estate Property, or to avoid injustice
upon 14 days' notice to Lender.
O&S Holdings, LLC operates as a real estate development company.
Attorneys for Plaintiff:
Craig G. Russillo, Esq.
Jessica Zerpoli, Esq.
SCHWABE, WILLIAMSON & WYATT, P.C.
1211 SW 5th Avenue, Suite 1900
Portland, OR 97204
Telephone: 503-222-9981
Facsimile: 503-796-2900
Email: crussillo@schwabe.com
Email: jzerpoli@schwabe.com
Attorneys for Defendants O&S Holdings, LLC and Tory Schwope:
Christopher K. Dolan, Esq.
Steven L. Shropshire, Esq.
JORDAN RAMIS PC
1211 SW Fifth Avenue, 27th Floor
Portland, OR 97204
Telephone: (503) 598-7070
Facsimile: (503) 598-7373
E-mail: chris.dolan@jordanramis.com
E-mail: steve.shropshire@jordanramis.com
OCEAN FIVE: Section 341(a) Meeting of Creditors on June 9
---------------------------------------------------------
On May 2, 2025, Ocean Five Condominium Association Inc. filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the Southern District of Florida. According to court filing, the
Debtor reports between $500,000 and $1 million in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
A meeting of creditors under Section 341(a) to be held on June 9,
2025 at 03:00 PM by Telephone.
About Ocean Five Condominium Association Inc.
Ocean Five Condominium Association Inc. is a real estate leasing
company based in Victoria, Texas, specializing in owning and
leasing commercial properties, providing spaces for retail and
office use.
Ocean Five Condominium Association Inc. sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-15015) on May 2, 2025. In its petition, the Debtor reports
estimated assets between $100,000 and $500,000 and estimated
liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Robert C. Meyer, Esq.
OZOP ENERGY: Reports $6.2 Million Net Loss for FY 2024
------------------------------------------------------
Ozop Energy Solutions, Inc. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting net
loss of $6,198,161 on $1,342,653 of revenues for the year ended
December 31, 2024, compared to a net loss of $7,369,681 on
$4,760,705 of revenues for the year ended December 31, 2023.
Hackensack, N.J.-based Prager Metis CPAs LLC, the Company's auditor
since 2018, 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 as of
December 31, 2024, the Company had an accumulated deficit of
$224,868,641 and a working capital deficit of $32,232,815. As of
December 31, 2024, the Company was in default of $19,925,000 plus
accrued interest on debt instruments due to non-payment upon
maturity dates.
Currently, the Company's current capital and other existing
resources will not be sufficient to provide the working capital
needed for our current business, and, additional capital will be
required to meet its debt obligations, and to further expand its
business.
Ozop Energy said, "We may be unable to obtain the additional
capital required. If we are unable to generate capital or raise
additional funds when required, it will have a negative impact on
our business development and financial results. These conditions
raise substantial doubt about our ability to continue as a going
concern as well as our recurring losses from operations, deficit in
equity, and the need to raise additional capital to fund
operations. This "going concern" could impair our ability to
finance our operations through the sale of debt or equity
securities."
Management's Plans:
As a public company, Management believes it will be able to access
the public equities market for fund raising for product
development, sales and marketing and inventory requirements as we
expand our distribution in the U.S. market.
On May 2, 2023, the Company entered into an Equity Financing
Agreement and Registration Rights Agreement with GHS. Under the
terms of the Financing Agreement, GHS has agreed to provide the
Company with up to $10,000,000 of funding upon effectiveness of a
registration statement on Form S-1. Pursuant to the effectiveness
of the registration statement on July 19, 2023, the Company has the
right to deliver puts to GHS and GHS will be obligated to purchase
shares of our common stock based on the investment amount specified
in each put notice. The maximum amount that the Company shall be
entitled to put to GHS in each put notice will not exceed 250% of
the average of the daily trading dollar volume of the Company's
common stock during the 10 trading days preceding the put, so long
as such amount does not exceed 4.99% of the outstanding shares of
the Company. Pursuant to the Financing Agreement, GHS and its
affiliates will not be permitted to purchase, and the Company may
not put shares of the Company's common stock to GHS that would
result in GHS's beneficial ownership equaling more than 4.99% of
the Company's outstanding common stock. The price of each put share
shall be equal to 80% of the lowest daily volume weighted average
price of the Company's common stock for the 10 consecutive trading
days preceding the date on which the applicable put is delivered to
GHS. No put will be made in an amount equaling less than $10,000 or
greater than $750,000. Puts may be delivered by the Company to GHS
until the earlier of 24 months after the effectiveness of the
registration statement on Form S-1 or the date on which GHS has
purchased an aggregate of $10,000,000 worth of put shares. During
the year ended December 31, 2023, the Company sold to GHS
587,432,649 shares of common stock and received $1,230,043 net of
offering costs. During the year ended December 31, 2024, the
Company sold to GHS 146,517,693 shares of common stock for proceeds
of $172,117 net of offering costs.
On January 26, 2024, the Company receive a Notice of Effectiveness
for the sale of up to 1,000,000,000 shares of the Company's common
stock to GHS, pursuant to the May 2, 2023, Financing Agreement and
Registration Rights Agreement. The terms and conditions are similar
to the terms and conditions of the July 19, 2023, registration
statement. During the year ended December 31, 2024, the Company
sold to GHS 1,000,000,000 shares of common stock and received
$760,160, net of offering costs.
On July 30, 2024, the Company receive a Notice of Effectiveness for
the sale of up to 2,000,000,000 shares of the Company's common
stock to GHS, pursuant to the May 2, 2023, Financing Agreement and
Registration Rights Agreement. The terms and conditions are similar
to the terms and conditions of the July 19, 2023, registration
statement. During the year ended December 31, 2024, the Company
sold to GHS 457,990,649 shares of common stock and received
$280,094, net of offering costs. From January 1, 2025, through
April 15, 2025, the Company sold GHS 1,364,594,180 shares of common
stock for proceeds of $295,965 net of offering costs.
OES operates in the renewable, electric vehicle, energy storage and
energy resiliency sectors. The Company is engaged in multiple
business lines that include project development as well as
equipment distribution.
Equipment Distributor: In April 2021, the Company signed a
five-year lease (beginning June 1, 2021) of approximately 8,100 SF
in California, for office and warehouse space to support the sales
and distribution of our west coast operations. On February 22,
2023, with an effective date of March 1, 2023, the Company entered
into a Sublease for a Single Subleasee Agreement with the landlord
and a third party for the office and warehouse in Carlsbad
California. Pursuant to the Sublease agreement, the third party
will be responsible for all of the Company's lease obligations
through May 31, 2026, the lease termination date. The Company and
the subleasee have agreed to work together regarding any existing
Company inventory in the facility.
Modular Energy Distribution System: The NeoVolt System comprises
the design engineering, installation, and operational methodologies
as well as the financial arbitrage of how it produces, captures and
distributes electrical energy for the EV markets. NeoVoltTM System
offers:
(1) charging locations that can be installed with reduced
delays, restricted areas or load limits and
(2) EV charger electricity that is produced from renewable
sources claiming little to no carbon footprint.
"The Company has developed a business plan for NeoVolt, a scalable
battery storage solution that aims to relieve the stress on
existing grid infrastructure by providing distributed energy
storage. With the first stage of engineered technical drawings
completed, we are advancing to stage two and preparing to construct
the initial prototype or proof of concept (PoC). NeoVolt is
designed with advanced features, including automatic adoption of
connected devices and dynamic load balancing through a master-slave
configuration. These capabilities enable NeoVolt to seamlessly
integrate with and manage energy flows across multiple devices.
Furthermore, the PoC is contingent upon recent advancements in EV
charging and discharging standardizations, including on-board
inverters and bi-directional capabilities, to ensure compatibility
and efficiency in both residential and commercial applications."
OED specializes in lighting commissioning services. On September
27, 2024, OED signed an agreement with Leviton Manufacturing Co,
Inc., to serve as a field service technician for their advanced
lighting control systems.
Ozop Plus markets vehicle service contracts for electric vehicles
that offer consumers to be able to purchase additional months and
miles above the manufacturer's warranty and to also bring added
value to EV owners by utilizing our partnerships and strengths in
the energy market to offer unique and innovative services. Among EV
owners' concerns are the EV battery repair and replacement costs,
range anxiety, environmental responsibilities, roadside assistance,
and the accelerated wear on additional components that EV vehicles
experience. Management believes that the Ozop Plus marketed VSC's
will give "peace of mind" to the EV buyer. On October 23, 2024,
Ozop Capital Partners, Inc. entered into an agreement with Empire
Auto Protect. Under the agreement, Empire will white label Royal
Administration's Fully Charged VSC, to be marketed as Empire Plus.
OZOP Plus will be ceded the battery premium portion of all of the
Empire Plus VSC's contracted.
ARC is developing products to be an advanced lighting controls
system, intricately engineered to integrate sophisticated wired and
wireless technologies. At its core, it employs a hybrid network
topology that facilitates both resilient wired connections and
flexible wireless communications, making it suitable for complex
infrastructural environments. The system is equipped with an array
of sensors and control nodes, enabling precise light management and
energy usage monitoring. With support for protocols such as DALI
and Zigbee, alongside the capability for seamless integration with
IoT platforms, ARC offers a comprehensive solution for intricate
lighting networks. This system is designed not just for control and
efficiency, but also for adaptability to diverse architectural and
electrical layouts, embodying a technical solution for advanced,
energy-conscious lighting management.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/4b7krtfu
About Ozop Energy
Warwick, N.Y.-based Ozop Energy Solutions, Inc. operates in the
renewable, electric vehicle, energy storage, and energy resiliency
sectors. It is engaged in multiple business lines that include
project development as well as equipment distribution.
As of Dec. 31, 2024, the Company had $1,754,165 in total assets,
$33,258,143 in total liabilities, and a total stockholders' deficit
of $31,503,978.
PARKLAND CORP: S&P Places 'BB' ICR on CreditWatch Positive
----------------------------------------------------------
S&P Global Ratings placed its 'BB' issuer credit rating on Calgary,
Alta.-based Parkland Corp. (PKI) and 'BB' issue-level rating on
Parkland's senior unsecured debt on CreditWatch with positive
implications.
S&P said, "The CreditWatch placement reflects that we could raise
the issuer credit rating and senior unsecured issue-level ratings
by one notch to align our ratings on PKI with those on Sunoco.
We expect to resolve the CreditWatch listing when the transaction
closes, likely in the second half of 2025."
Parkland Corp. announced on May 5, 2025, that it is being acquired
by U.S.-based Sunoco L.P. (BB+/Stable) for US$9.1 billion of cash
and stock, subject to shareholder and regulatory approvals.
The combination with Sunoco will improve scale and diversity and
enhance the asset footprint. Sunoco announced a proposed
transaction to acquire 100% of Parkland. S&P said, "We expect to
view Parkland as core to the Sunoco group and hence we would likely
equalize our ratings on PKI with those on Sunoco. The acquisition
and integration of the company into Sunoco would almost double the
combined entity's EBITDA. The combined company would be the largest
independent fuel distributor in North America, distributing close
to 56 billion liters of fuel, double that of PKI's stand-alone fuel
volumes of 25 billion liters. The combination will also
significantly enhance scale and geographic diversity and
meaningfully enhance its portfolio of assets. After the
acquisition, Parkland would have access to Sunoco's robust 14,000
miles of fuel pipeline infrastructure. Similarly, Parkland Canada
will support Sunoco's business profile with its fuel distribution
business, presence in the Caribbean region, and refinery segment.
The management team also plans to realize meaningful cost synergies
of about US$250 million in the third year after the close,
primarily from supply chain optimization and other operating
efficiency initiatives. We project that S&P Global Ratings-adjusted
leverage will be maintained in the 4.5x-4.8x range following the
closing of the acquisition through 2026, before decreasing to under
4.5x in the second half of 2027."
S&P said, "The CreditWatch placement reflects that we could raise
the issuer credit rating and senior unsecured issue-level ratings
by one notch to align the ratings on PKI with those on Sunoco. We
will resolve the CreditWatch placement once the proposed
acquisition is closed. At that time, we will likely raise our
ratings on PKI by one notch and likely withdraw our ratings."
PARLOR RESTAURANT: Seeks to Hire MI Law Firm as Bankruptcy Counsel
------------------------------------------------------------------
Parlor Restaurant and Lounge LLC seeks approval from the U.S.
Bankruptcy Court for the District of Columbia to hire MI Law Firm
as bankruptcy counsel.
The firm's services include:
(a) providing legal advice and services with respect to the
Debtor's powers and duties as debtor in possession in the continued
operation of its business, management of its property, the Local
Rules, practices, and procedures, and providing substantive and
strategic advice on how to accomplish the Debtor's goals in
connection with the prosecution of this case;
(b) preparing, on behalf of the Debtor, necessary
applications, motions, answers, orders, reports, and other legal
papers;
(c) appearing in Court and at any meeting with the United
States Trustee for the District of Columbia (the "U.S. Trustee"),
the Subchapter V Trustee, and any meeting of creditors at any given
time on behalf of the Debtor as its counsel;
(d) performing various services in connection with the
administration of the Chapter 11 Case, including, without
limitation:
(i) preparing agenda letters, certificates of no
objection, certifications of counsel, notices of fee applications
and hearings, and hearing binders of documents and pleadings;
(ii) monitoring the docket for filings and assessing
pending matters that need responses;
(iii) preparing and maintaining critical dates memoranda to
monitor pending applications, motions, hearing dates, and other
matters and the deadlines associated with the same;
(iv) handling inquiries and calls from creditors and
counsel to interested parties regarding pending matters and the
general status of the Chapter 11 Case;
(v) coordinating with the Subchapter V Trustee as
necessary throughout the case; and
(vi) assisting with the preparation and confirmation of a
plan of reorganization under Subchapter V;
(e) performing all other services assigned by the Debtor; to
the extent the Firm determines that such services fall outside of
the scope of services historically or generally performed by MI Law
Firm as counsel in a bankruptcy proceeding, MI Law Firm will file a
supplemental declaration pursuant to Bankruptcy Rule 2014.
The firm's current standard hourly rates are:
Moqadas Islam $350
Liz Altayib $350
This fee does not include costs for credit counseling or financial
management courses, nor does it cover post-filing services after
the initial meeting of creditors, such as plan preparation,
confirmation hearings, or adversary proceedings. Those services
will be billed at the hourly rate of $350.
MI Law Firm received an initial fee of $6,800.
MI Law Firm 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:
Moqadas Islam, Esq.
MI Law Firm
3692 Yorktown Village Pass
Annandale, VA 22003
Phone: (571) 274-6834
Email: islam.moqadas@gmail.com
About Parlor Restaurant and Lounge
Parlor Restaurant and Lounge LLC is a Washington DC-based
restaurant operator.
Parlor Restaurant and Lounge sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Col. Case No. 25-00021) on January
15, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $50,000 and $100,000.
Judge Elizabeth L. Gunn oversees the case.
The Debtor is represented by Moqadas Islam, Esq., at MI Law Firm.
PEOPLE FIRST: Seeks to Hire David L. Smith CPA as Accountant
------------------------------------------------------------
People First Pizza, Inc. seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire David L.
Smith, CPA as accountant.
Mr. Smith will prepare and provide financial reporting to be made
in connection with this case, including but not limited to income
and expense reports, financial statements, tax returns, monthly
operating reports and providing data necessary for interim
statements and operating reports.
Compensation for professional is $550 per store per month.
Professional charges a one-time set-up fee of $2,200.
Mr. Smith disclosed in a court filing that he is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
Mr. Smith can be reached through:
David L. Smith, CPA
416 N Glendale Ave # 202
Glendale, CA 91206
Tel: (818) 507-1999
Fax: (818) 507-5397
Email: david@glendalecpa.net
About People First Pizza Inc.
People First Pizza, Inc. owns Domino's Pizza franchises in multiple
locations and filed for bankruptcy due to MCA loans, a PAGA lawsuit
from a former employee, and other liabilities.
People First Pizza sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-10764) on March 26,
2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Cindy Gagliardi, president of People First Pizza,
signed the petition.
Judge Theodor Albert oversees the case.
Richard Sturdevant, Esq., at Financial Relief Law Center, APC,
represents the Debtor as bankruptcy counsel.
PHOENIX ROSE: Seeks Subchapter V Bankruptcy in Tennessee
--------------------------------------------------------
On May 2, 2025, Phoenix Rose LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Middle District of Tennessee.
According to court filing, the Debtor reports between $100,000
and $500,000 in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Phoenix Rose LLC
Phoenix Rose LLC is a limited liability company.
Phoenix Rose LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-01893) on
May 2, 2025. In its petition, the Debtor reports estimated assets
between $10,000 and $50,000 and estimated liabilities between
$100,000 and $500,000.
Honorable Bankruptcy Judge Nancy B. King handles the case.
The Debtor is represented by Jay Lefkovitz, Esq.
POWER REIT: Resolves Greenhouse Loan, Writes Off Properties
-----------------------------------------------------------
As previously disclosed, Power REIT, through subsidiaries, invested
in a portfolio of Controlled Environment Agriculture properties in
the form of greenhouses. About 50% of the Greenhouse Portfolio
square footage was focused on growing produce and the other 50% was
focused on cannabis. Unfortunately, the portfolio has not
performed, and the Greenhouse Portfolio is largely vacant resulting
in significant property related expenses without revenue to cover
these costs as well as the cash requirements to cover debt
service.
The Greenhouse Portfolio was security for a loan that was in
default, and the lender filed litigation and foreclosure actions.
As previously disclosed, prior forbearance agreements with the
lender expired on January 31, 2025. The loan was non-recourse to
Power REIT but secured by the Greenhouse Portfolio. The Greenhouse
Portfolio has been marketed for sale but, unfortunately, the market
for these special purpose assets has been weak and we have not been
able to generate enough sales to satisfy the obligations to the
lender.
Power REIT, through its subsidiaries, has now resolved issues with
its lender concerning the Greenhouse Loan by providing
deeds-in-lieu of foreclosure for the properties in Michigan and
Nebraska. In return, the lender released the remaining collateral
back to subsidiaries of Power REIT and released obligations related
to the Greenhouse Loan. Power REIT will continue to manage these
retained assets, which are properties in Ordway, Colorado; a
property in Walsenburg, Colorado; a property in Desert Hot Springs,
California; a first mortgage on two properties in Ordway, Colorado;
and a second mortgage on a property in Elliot, Maine. In addition,
a subsidiary owns a greenhouse property located in Vinita, Oklahoma
that was not security for the Greenhouse Loan.
The transaction related to the Greenhouse Loan results in the
write-off of the Nebraska and Michigan properties, along with the
remaining balance of the Greenhouse Loan. It will also relieve the
ongoing costs associated with maintaining these properties. Power
REIT will continue to seek to realize value from the retained
assets and is exploring a shift in focus and is evaluating real
estate distressed situations including properties, loans and
companies.
About Power REIT
Old Bethpage, N.Y.-based Power REIT is a Maryland-domiciled,
internally-managed real estate investment trust that owns a
portfolio of real estate assets related to transportation, energy
infrastructure, and Controlled Environment Agriculture in the
United States.
Houston, Texas-based MaloneBailey, LLP, the Company's auditor since
2015, 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 December 31, 2024, citing that the Company
has suffered recurring losses, reduced revenues, and increase of
expenses from operations and has a net capital deficiency that
raises substantial doubt about its ability to continue as a going
concern.
PPS 77 LLC: Seeks to Tap Bronson Law Offices as Bankruptcy Counsel
------------------------------------------------------------------
PPS 77, LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of New York to employ Bronson Law Offices, PC to
handle its Chapter 11 case.
H. Bruce Bronson, Esq., an attorney at Bronson Law Offices,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
H. Bruce Bronson, Esq.
Bronson Law Offices, P.C.
480 Mamaroneck Ave.
Harrison, NY 10528
Telephone: (914) 269-2530
Facsimile: (888) 908-6906
Email: hbbronson@bronsonlaw.net
About PPS 77 LLC
PPS 77 LLC operates a parking garage providing vehicle parking
services at 433 East 76th Street, New York, NY.
PPS 77 LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-10550) on March 25, 2025. In its
petition, the Debtor reports estimated assets up to $50,000 and
estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Martin Glenn handles the case.
The Debtor is represented by H. Bruce Bronson, Esq., at Bronson Law
Offices PC.
PR BINGHAM: Amends Motion to Sell Apartment Complexes at Auction
----------------------------------------------------------------
PR Bingham, LLC, and its affiliate, PR Madison LLC, seeks approval
from the U.S. Bankruptcy Court for the Southern District of
Indiana, Indianapolis Division, to amend motion to sell Apartment
Complexes, free and clear of liens, claims, interests, and
encumbrances.
The Debtors are Missouri limited liability companies solely in the
business of owning and operating two apartment complexes located in
Anderson, Indiana.
The Debtor wishes to sell the apartment complex located at 2725
West 16th Street, Anderson, Indiana 46011 (Bingham Complex) and
1801 North Madison Avenue, Anderson, Indiana 46011 (Madison
Complex).
An emergency exists because the Debtors recently received
cancellation notices from their insurance carrier, cancelling their
liability and property insurance on the Bingham Complex and Madison
Complex. The
earliest of the effective dates of termination is June 23, 2025.
The Debtor purchased these policies within the last 60 days, and
paid in full for these policies—at great expense.
The Cancellation Notices were made after the petition date in these
cases, and are clear violations of the automatic stay. There is no
question but that a policy of insurance, especially one in which
the premium has been paid, is a valid and binding contract between
the insurance company and the insured and would constitute an asset
of a bankruptcy estate.
The Debtor believes and therefore submits the cancellations were
made as a result of the bankruptcy filings themselves. Courts have
held that cancellations made as a result of a bankruptcy filing are
prohibited by not only Section 362 of the Code, but also 363(e).
The reasons cited for cancellation is "due to poor inspection."
Despite such characterization, the Debtor does not believe the
terminations are effective, if nothing else, because they were made
in violation of the automatic stay. The notices were made within
days of these filings, and cite conditions at the properties that
have not changed since before the policies were written; the
termination timing is highly suspicious.
The Debtors submit that good cause exists to shorten notice on the
Sale Motion and seeks to shorten notice and set a hearing on the
bid procedures proposed by the Debtors in the Sale Motion.
The Debtors also seeks approval of the Bid Procedures and to sell
the Property to Stalking Horse Bidders with alternative bids to be
considered.
About PR Bingham LLC
PR Bingham LLC is engaged in real estate.
PR Bingham sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Ind. Case No: 25-02164-JJG-11) on April 18,
2025.
Judge Jeffrey J. Graham presides over the case.
Jeffrey M. Hester at Hester Baker Krebs LLC represents the Debtor
as legal counsel.
PR BINGHAM: Seeks to Hire Hester Baker Krebs as Bankruptcy Counsel
------------------------------------------------------------------
PR Bingham, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Indiana to employ Hester Baker Krebs LLC
as bankruptcy counsel.
The firm will provide these services:
(a) take necessary or appropriate actions to protect and
preserve the Debtor's estate;
(b) prepare on behalf of the Debtor necessary or appropriate
legal papers in connection with the administration of its estate;
(c) provide advice, represent, and prepare necessary
documentation and pleadings regarding debt restructuring, statutory
bankruptcy issues, post-petition financing, real estate, business
and commercial litigation, tax, and, as applicable, asset
dispositions;
(d) counsel the Debtor with regard to its rights and
obligations and its powers and duties in the continued management
and operations of its business and properties;
(e) take necessary or appropriate actions in connection with a
plan or plans of reorganization and related disclosure statement
and all related documents, and such further actions as may be
required in connection with the administration of the Debtor's
estate; and
(f) act as general bankruptcy counsel for the Debtor and
perform all other necessary or appropriate legal services in
connection with the Chapter 11 case.
The hourly rates of the firm's counsel and staff are as follows:
Jeffrey Hester, Member $450
John Allman, Member $420
Marsha Hetser, Paralegal $215
Donna Adams, Paralegal $215
Tricia Hignight, Paralegal $215
Prior to the filing fate, the Debtor paid an initial retainer and
filing fee to the firm in the amount of $51,738.
Mr. Hester 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:
Jeffrey M. Hester, Esq.
Hester Baker Krebs LLC
Suite 1330
One Indiana Square
Indianapolis, IN 46204
Telephone: (317) 608-1129
Facsimile: (317) 833-3031
Email: jhester@hbkfirm.com
About PR Bingham LLC
PR Bingham LLC is engaged in real estate.
PR Bingham sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Ind. Case No. 25-02164) on April 18, 2025.
Judge Jeffrey J. Graham presides over the case.
Jeffrey M. Hester, Esq., at Hester Baker Krebs LLC represents the
Debtor as counsel.
PR DIAMOND: Seeks to Hire Larson & Zirzow as Bankruptcy Counsel
---------------------------------------------------------------
PR Diamond Products, Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Nevada to employ Larson & Zirzow LLC as
bankruptcy counsel.
The firm will render these services:
(a) prepare on behalf of the Debtor all necessary or
appropriate legal papers in connection with the administration of
its bankruptcy estate;
(b) take all necessary or appropriate actions in connection
with a plan of reorganization and all related documents, and such
further actions as may be required in connection with the
administration of the Debtor's estate;
(c) take all necessary actions to protect and preserve the
Debtor's estate; and
(d) perform all other necessary legal services in connection
with the prosecution of the Chapter 11 case.
The firm will be paid at these hourly rates:
Matthew Zirzow, Principal $650
Benjamin Chambliss, Associate $500
Patricia Huelsman, Paralegal $295
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a total pre-petition retainer of $30,000 from the
Debtor.
Mr. Zirzow disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Matthew C. Zirzow, Esq.
Larson & Zirzow, LLC
850 E. Bonneville Ave.
Las Vegas, NV 89101
Telephone: (702) 382-1170
Facsimile: (702) 382-1169
Email: mzirzow@lzlawnv.com
About PR Diamond Products
PR Diamond Products Inc., operating as Brand X Blades, a Las
Vegas-based manufacturer and distributor of diamond cutting tools
and blades for construction and industrial applications.
PR Diamond Products Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Nev. Case No.
25-12370) on April 25, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Natalie M. Cox handles the case.
The Debtor is represented by Matthew C. Zirzow at Larson & Zirzow,
LLC.
PR MADISON: Seeks to Tap Hester Baker Krebs as Bankruptcy Counsel
-----------------------------------------------------------------
PR Madison, LLC seeks approval from the U.S. Bankruptcy Court for
Southern District of Indiana to employ Hester Baker Krebs LLC as
counsel.
The firm will provide these services:
(a) take necessary or appropriate actions to protect and
preserve the Debtor's estate;
(b) prepare on behalf of the Debtor necessary or appropriate
legal papers in connection with the administration of its estate;
(c) provide advice, represent, and prepare necessary
documentation and pleadings regarding debt restructuring, statutory
bankruptcy issues, post-petition financing, real estate, business
and commercial litigation, tax, and, as applicable, asset
dispositions;
(d) counsel the Debtor with regard to its rights and
obligations and its powers and duties in the continued management
and operations of its business and properties;
(e) take necessary or appropriate actions in connection with a
plan or plans of reorganization and related disclosure statement
and all related documents, and such further actions as may be
required in connection with the administration of the Debtor's
estate; and
(f) act as general bankruptcy counsel for the Debtor and
perform all other necessary or appropriate legal services in
connection with the Chapter 11 case.
The hourly rates of the firm's counsel and staff are as follows:
Jeffrey Hester, Member $450
John Allman, Member $420
Marsha Hetser, Paralegal $215
Donna Adams, Paralegal $215
Tricia Hignight, Paralegal $215
Prior to the filing date, the Debtor paid an initial retainer and
filing fee to the firm in the amount of $51,738.
Mr. Hester 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:
Jeffrey M. Hester, Esq.
Hester Baker Krebs LLC
Suite 1330
One Indiana Square
Indianapolis, IN 46204
Telephone: (317) 608-1129
Facsimile: (317) 833-3031
Email: jhester@hbkfirm.com
About PR Madison LLC
PR Madison LLC, which operates Madison Square Apartments in
Anderson, operates as a single asset real estate entity with its
principal property located at 1641 N. Madison Avenue.
PR Madison LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-02165) on April 18,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge James M. Carr handles the case.
The Debtor is represented by Jeffrey M. Hester, Esq., at Hester
Baker Krebs LLC.
PROVIDENTIAL LENDING: Case Summary & 17 Unsecured Creditors
-----------------------------------------------------------
Debtor: Providential Lending Services LLC
PO Box 30031
Mesa, AZ 85275
Business Description: The Debtor operates as a lessor of real
estate, primarily engaged in renting and
leasing properties to residential or
commercial tenants.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
District of Arizona
Case No.: 25-04020
Judge: Hon. Brenda K. Martin
Debtor's Counsel: Joseph G. Urtuzuastegui III, Esq.
THE REAL ESTATE INVESTOR LAW FIRM, LLC
4535 E McKellips Rd., Suite 1093
Mesa, AZ 85215
Tel: 480-326-9832
E-mail: joe@reilawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $100,000 to $500,000
The petition was signed by John Conover as manager.
A full-text copy of the petition, which includes a list of the
Debtor's 17 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NX4GULY/PROVIDENTIAL_LENDING_SERVICES__azbke-25-04020__0001.0.pdf?mcid=tGE4TAMA
PUBLISHERS CLEARING: Section 341(a) Meeting of Creditors on May 29
------------------------------------------------------------------
The U.S. Trustee for Region 2 will convene a meeting of creditors
of Publishers Clearing House LLC on May 29, 2025, at 2:30 p.m. The
meeting will take place telephonically: Meeting Dial-in No: (877)
929-0164, and when prompted then enter the Participant Code:
3310990, followed by #.
The Debtor's representative must attend the meeting to be
questioned under oath. Creditors may attend, but are not required
to do so.
The meeting may be continued or adjourned to a later date. If so,
the date will be on the court docket.
You may inspect all records filed in this case at this office or
online at https://www.pacer.gov or
https://omniagentsolutions.com/PCH.
About Publishers Clearing House
Publishers Clearing House LLC is a direct-to-consumer company
offering free-to-play digital entertainment. Through its PCH/Media
division, PCH helps brands and advertisers connect with qualified,
responsive audiences across its extensive chance-to-win gaming
platforms. PCH has evolved into a multi-channel media company,
combining digital entertainment, direct-to-consumer marketing, and
commerce to create compelling experiences for users and brands
alike.
Publishers Clearing House filed a voluntary petition for relief
under Chapter 11 of the United States Bankruptcy Code (Bankr.
S.D.N.Y. Case No. 25-10694) on April 9, 2025. The case is pending
before the Honorable Martin Glenn.
Klestadt Winters Jureller Southard & Stevens, LLP is serving as
legal advisor, William H. Henrich and Laurence Sax from Getzler
Henrich & Associates LLC are serving as Co-Chief Restructuring
Officers, SSG Capital Advisors, LLC, is serving as investment
banker, and C Street Advisory Group is serving as strategic
communications advisor to the Company. Omni Agent Solutions is the
claims agent.
PUERTO RICO: Requests Commonwealth Funding to Settle PREPA Debt
---------------------------------------------------------------
Michelle Kaske of Bloomberg News reports that Puerto Rico officials
are exploring options in the commonwealth's upcoming budget to
allocate funds toward repaying the debt of the island's bankrupt
power utility, the Puerto Rico Electric Power Authority.
The Financial Oversight and Management Board has started initial
talks with Governor Jenniffer Gonzalez and lawmakers to determine
how to secure the billions needed to meet the PREPA's financial
obligations. According to Executive Director Robert Mujica, the
board aims to identify viable revenue sources in the coming months
as the commonwealth prepares its budget for the fiscal year
starting July 1, 2025, Bloomberg News reports.
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.
QBD PACKAGING: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: QBD Packaging LLC
Quality By Design Packaging
2710 Montgomery Dr.
Seymour IN 47274
Business Description: QBD Packaging, operating as Quality by
Design Packaging, provides contract
packaging services for the pharmaceutical
and dietary supplement industries. Based in
Seymour, Indiana, the Company operates a
22,000-square-foot cGMP-compliant facility
that includes climate-controlled primary
packaging suites and monitored storage
areas. Founded in 1996, the Company
emphasizes regulatory compliance, customer
service, and timely delivery.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Southern District of Indiana
Case No.: 25-90538
Judge: Hon. Andrea K McCord
Debtor's Counsel: Jeffrey Hester, Esq.
HESTER BAKER KREBS LLC
One Indiana Sq Suite 1330
Indianapolis IN 46204
Tel: 317-833-3030
E-mail: jhester@hbkfirm.com
Total Assets: $2,127,983
Total Liabilities: $891,085
The petition was signed by Nnodum Iheme as authorized
representative of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ZJ7ALCY/QBD_Packaging_LLC__insbke-25-90538__0001.0.pdf?mcid=tGE4TAMA
RC BUYER: S&P Upgrades Issuer Credit Rating to 'B', Outlook Stable
------------------------------------------------------------------
S&P Global Ratings raised its rating on RC Buyer Inc.'s (d/b/a
Rough Country) to 'B' from 'B-'.
S&P said, "At the same time, we raised our senior secured
issue-level rating to 'B' from 'B-'. Our '3' recovery rating on the
company's first-lien term loan is unchanged, indicating our
expectation for meaningful (50%-70%; rounded estimate: 50%)
recovery in the event of a default.
"The stable outlook reflects our expectation that Rough Country
will maintain above average EBITDA margins, which should allow the
company to maintain debt to EBITDA below 6x and FOCF to debt above
3%."
Rough Country credit metrics have continued to improve over the
past several quarters with debt to EBITDA now in the mid-5x area
based on last 12 months performance from above 6x since the company
was acquired by TSG Consumer Partners in 2021. Modest topline
growth combined with above average EBITDA margins has led to free
operating cash flow (FOCF) generation which the company has
prudently used to repay debt.
The upgrade reflects Rough Country's improved credit metrics as
supported by its stable margins, consistent FOCF, and debt
repayment over the past couple years. Rough Country has been able
to generate fairly steady profitability over the past few years in
a large part due to its direct-to-consumer (DTC) sales model, which
has enabled the company to control pricing of its products and
enter new categories organically. S&P said, "We believe Rough
Country's DTC business model differentiates its business from
larger peers, such as RealTruck and Holley, who predominantly sell
through warehouse distributors. By being able to capture more
profitability by selling directly on its website and cutting out
the distributors, we think the company can price lower than its
competitors' products of similar quality, but still maintain
overall higher margins." The strategy has the additional benefit of
reducing sales volatility as distributors will sometimes overbuild
inventories and then need to destock over a few quarters when
demand erodes. In addition, while growth of its suspension category
has been challenging, Rough Country has sustained annual revenue
growth by diversifying into non-suspension products, including
cargo/storage, lighting/electronics, seat covers, and floor mats,
despite the more challenging consumer environment in recent years.
S&P said, "While Rough Country is certainly exposed to the
increased tariffs on imports to the U.S., we think the company
should be able to offset most of the tariff impact through pricing
increases and other remediation efforts. The majority of Rough
Country's parts are currently sourced from China which is an issue
being faced by many aftermarket suppliers. However, we view the
company as better positioned to increase prices to consumers as its
DTC model gives the company more cushion to raise price but remain
a low-cost leader. Additionally, the company is actively exploring
opportunities to insource, resource, and streamline its supply
chain to mitigate the impact of tariffs on margins and cash flows.
These strategic initiatives along with price increases should allow
the company to maintain above average EBITDA margins. The reaction
of the consumer to higher prices is difficult to forecast and
increasing volumes could be challenging. However, given the
company's track record of outgrowing peers that sell discretionary
auto products the last few years, we expect the company should be
able to achieve very modest topline growth or at least defend its
volumes better if consumer demand contracts more than expected.
Finally, by paying down debt, the company reduced leverage to the
mid-5x range which gives it some cushion if volumes contract more
than expected."
Although the company is owned by a sponsor, it has paid down debt
and has not pursued aggressive acquisitions, which has enhanced
de-leveraging. Under TSG Consumer Partners' ownership, Rough
Country has repaid close to $100 million of debt and pursued only
very small tuck-in acquisitions. However, we continue to view
larger acquisitions or debt-funded dividends distributions as an
ongoing risk that could stress Rough Country's credit metrics if
pursued by management or the company's financial sponsor.
S&P said, "We continue to believe demand for highly discretionary
auto parts will decline in a more protracted recession. If the U.S.
were to enter a longer recession, this would reduce discretionary
consumer spending and demand for Rough Country's products more than
our base case. In this scenario, a steeper decline in revenues
would reduce profitability and increase leverage. However, we think
the company could manage to generate modest free cash flows as
Rough Country has a variable cost structure and relatively low
capital spending requirements."
Rough Country has maintained adequate sources of liquidity since
being acquired by TSG. The company ended first-quarter 2025 with
$15.3 million of balance-sheet cash and $37 million of net revolver
availability, for total liquidity of $52.3 million. Rough Country
borrowed on its revolving line of credit earlier in 2025 along with
using some cash on hand to repurchase $21 million of its term loan
and has also begun to repay revolver borrowings. Furthermore, the
company has a covenant-lite capital structure with no debt
maturities until its revolver expires in mid-2026 followed by its
first-lien term loan in 2028.
The stable outlook reflects S&P's expectation that Rough Country
will maintain above average EBITDA margins, which should allow the
company to maintain debt to EBITDA below 6x and FOCF to debt above
3%.
S&P could lower its rating on Rough Country if:
-- Debt to EBITDA remains meaningfully above 6x on a sustained
basis; or
-- FOCF to debt remains below 3% for consistent quarters.
This could occur if demand for Rough Country's products decreased,
resulting in strained margins and cash flows. S&P could also
consider a downgrade if Rough Country were to engage in
debt-financed distributions paid to its financial sponsor or
pursued similar activities that lead to substantially higher
leverage.
S&P could raise the ratings of Rough Country if:
-- Debt to EBITDA approaches 4x and remains at this level on a
sustained basis; and
-- FOCF to debt approaches 10%.
This could occur if demand for Rough Country's products grows more
than forecast, margins are maintained at recent levels or better,
and the company continues its expansion into new product categories
allowing for a meaningful increase in the company's scale.
Similarly, S&P would also evaluate Rough Country and its financial
sponsor's tolerance for maintaining credit metrics at these
improved levels.
RCM EQUIPMENT: Gets Interim OK to Use Cash Collateral Until May 14
------------------------------------------------------------------
RCM Equipment Company, LLC received interim approval from the U.S.
Bankruptcy Court for the District of Minnesota to use cash
collateral.
The interim order penned by Judge Katherine Constantine authorized
the company to use cash collateral pending the final hearing on May
14.
As protection, secured creditors were granted replacement liens on
assets acquired by the company after its Chapter 11 filing, with
the same priority as its pre-bankruptcy liens.
As further protection, RCM Equipment Company was ordered to pay
$10,185 by May 15 and a monthly payment of $5,800 thereafter.
About RCM Equipment Company
RCM Equipment Company, LLC filed Chapter 11 petition (Bankr. D.
Minn. Case No. 25-30981) on April 4, 2025, listing up to $50,000in
assets and up to $1 million in liabilities. Franklin E. Connelly,
president of RCM Equipment Company, signed the petition.
Judge Katherine A. Constantine oversees the case.
Brian A. Gravely, Esq., at Dudley and Smith, PA, represents the
Debtor as legal counsel.
RCM MANUFACTURING: Court OKs Interim Use of Cash Collateral
-----------------------------------------------------------
RCM Manufacturing Incorporated got the green light from the U.S.
Bankruptcy Court for the District of Minnesota to use cash
collateral.
The order penned by Judge Katherine Constantine authorized the
company's interim use of cash collateral to pay its expenses
pending the final hearing on May 14.
RCM Manufacturing projects total expenses of $18,413 for the period
from April 22 to May 15.
As protection, secured creditors were granted replacement liens on
assets acquired by the company after the petition date, with the
same priority as its pre-bankruptcy liens.
As further protection, RCM Manufacturing was ordered to pay $10,185
by May 15 and a monthly payment of $5,800 thereafter.
About RCM Manufacturing Incorporated
RCM Manufacturing Incorporated filed Chapter 11 petition (Bankr. D.
Minn. Case No. 25-30979) on April 4, 2025, listing up to $1 million
in assets and up to $500,000 in liabilities. Franklin E. Connelly,
president of RCM Manufacturing, signed the petition.
Judge Katherine A. Constantine oversees the case.
Brian A. Gravely, Esq., at Dudley and Smith PA, represents the
Debtor as legal counsel.
RCM SPECIALTIES: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
RCM Specialties, Inc. got the green light from the U.S. Bankruptcy
Court for the District of Minnesota to use cash collateral.
The order penned by Judge Katherine Constantine authorized the
company's interim use of cash collateral to pay its expenses
pending the final hearing on May 14.
RCM Specialties projects total expenses of $76,791.75 for the
period from April 22 to May 15.
As protection, secured creditors were granted replacement liens on
assets acquired by the company after the petition date, with the
same priority as its pre-bankruptcy liens.
As further protection, RCM Specialties was ordered to pay $10,185
by May 15 and a monthly payment of $5,800 thereafter.
About RCM Specialties Inc.
RCM Specialties, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Minn. Case No. 25-30980) on April
4, 2025. In the petition signed by Franklin E. Connelly, president,
the Debtor disclosed up to $50,000in assets and up to $1 million in
liabilities.
Judge Katherine A. Constantine oversees the case.
Brian A. Gravely, Esq., at Dudley and Smith PA, represents the
Debtor as bankruptcy counsel.
RELIABLE HEALTHCARE: Files Amendment to Disclosure Statement
------------------------------------------------------------
Reliable Healthcare Logistics, LLC, submitted an Amended Disclosure
Statement describing Plan of Reorganization dated April 4, 2025.
On October 15, 2021, Virtus filed suit against Woodfield
Distribution and Adam Runsdorf in the U.S. District Court for the
Middle District of Florida. The original complaint sought damages
based on an alleged breach of the 3PL agreement between Virtus and
Woodfield Distribution.
The Virtus complaint asserted (a) RICO claims against Woodfield
Distribution, Woodfield Pharma, and Adam Runsdorf, the sole member
of both Woodfield entities; (b) breach of contract claims and
breach of implied covenant of good faith and dealing against
Distribution, Woodfield Pharma and Runsdorf and corporate veil
piercing claims against Runsdorf; (c) and claims for successor
liability and/or to recover fraudulent transfers against the Debtor
predicated on Virtus’ alleged status as a creditor of
Distribution.
On September 19, 2024, the U.S. District Court of the Middle
District of Florida issued an order partially granting and denying
competing motions for partial summary judgment in the Virtus
Litigation. The Florida Court dismissed (a) all claims against
Distribution, Woodfield Pharma, and Runsdorf based on alleged RICO
violations; (b) all claims against Runsdorf; (c) all punitive
damage claims against Distribution; (d) Virtus's claim against
Woodfield Pharma based on piercing Distribution's corporate veil.
The Court granted partial summary judgment in favor of Virtus for
breach of contract as to sections 1.1 and 1.3 of its contract with
Distribution. The Court has reserved for future ruling
Distribution's motion for summary judgment with respect to the
limitation of liability provision contained in Distribution's
contract with Virtus. No damages were determined on the breach of
contract claim. On October 15, 2024, Virtus and Distribution
settled the remaining claim for breach of contract by entry of a
consent judgment against Distribution in the amount of $5,000,000.
Class 1 consists of the allowed unsecured claim due to BCI IV Palm
Beach, LLC for prepetition rent arrearages in the amount of
$550,915.57 (the "Cure Amount") for the lease of non residential
real property located at 951 Clint Moore Road, Boca Raton, Florida
(the "Lease"). Upon the Effective Date, the Lease shall be assumed
by the Debtor. BCI shall retain its pre-petition security deposit
as security for the lease. Upon the Effective Date, BCI shall have
an allowed unsecured claim for the Cure Amount and the Debtor shall
pay 30% of the Cure Amount. The balance of the Cure Amount shall be
paid in 9 equal monthly installments commencing thirty days
following the initial payment.
Class 2 consists of the allowed general unsecured claim unpaid
balance due to Coleman Logistics Assets, LLC for prepetition rent
arrearages in the amount of $164,393.66 (the "Cure Amount") for the
lease of non-residential real property located at 1113 Gillingham,
Sugarland, Texas (the "Lease"). Upon the Effective Date, the Lease
shall be assumed by the Debtor. Coleman shall retain its
pre-petition security deposit as security for the lease. Upon the
Effective Date, Coleman shall have an allowed pre petition claim
for Cure Amount and the Debtor shall pay 25% of the Cure Amount.
The balance of the Cure Amount shall be paid in 12 equal monthly
installments commencing thirty days following the Effective Date.
Class 4 consists of the allowed pre-petition unsecured claim unpaid
balance due to Thomson Logistics Assets, LLC for prepetition rent
arrearage in the amount of $133,548.32 (the "Cure Amount") for the
lease of non-residential real property at 5653 Creekside Parkway,
Lockbourne, Ohio (the "Lease"). Upon the Effective Date, the Lease
shall be assumed by the Debtor. Thomson shall retain its
pre-petition security deposit as security for the Lease. Upon the
Effective Date, Thomson shall have an allowed prepetition claim for
the Cure Amount and the Debtor shall pay twenty-five percent of the
Cure Amount. The balance of the Cure Amount shall be paid in 12
equal monthly installments commencing thirty days following the
Effective Date.
On the Effective Date, the Debtor shall continue to operate its
business. Mike Kattawar, Jr. shall remain as President and Chief
Executive Officer of the Reorganized Debtor. The Debtor shall make
payments to each class of creditors to the extent required under
the Plan out of its existing cash, future Cash Flow, and capital
infusions, if any, made to Debtor by a third party as necessary to
satisfy Plan payments.
The Debtor shall retain the right to market and sell the assets of
the Reorganized Debtor during the term of the Plan. If the Debtor
liquidates the remaining assets of the business, the net proceeds
of sale shall be distributed in accordance with this Plan.
A full-text copy of the Amended Disclosure Statement dated April 4,
2025 is available at https://urlcurt.com/u?l=ULWZ3z from
PacerMonitor.com at no charge.
Reliable Healthcare Logistics is represented by:
Michael P. Coury, Esq.
GLANKLER BROWN, PLLC
Suite 400, 6000 Poplar Avenue
Memphis, TN 38119
Tel: (901) 576-1886
Email: mcoury@glankler.com
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.
REMEMBER ME SENIOR: Committee Hires Johnson & Mulroony as Counsel
-----------------------------------------------------------------
The committee of unsecured creditors of Remember Me Senior Care,
LLC and its affiliate seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Tennessee to employ Johnson & Mulroony,
P.C. as counsel.
The firm's services include:
a. providing general legal advice to the Committee regarding the
cases and advising the Committee regarding the Committee's powers
and duties under 11 U.S.C. § 1103 and with respect to any matter
arising in the case or in related cases before the Court or
affecting the administration of these cases;
b. assisting the Committee in its investigation of the acts,
omissions, conduct, assets, liabilities, and financial condition of
the Debtors, and in analyzing claims against Remember and
negotiating and/or compromising and/or settling with claims
holders;
c. assisting the Committee in its review, analysis, and
negotiation of compromises or settlements and the assumption and
rejection of executory contracts and unexpired leases;
d. assisting the Committee with respect to any plan(s),
disclosure statement(s), and any other documents filed in the
cases;
e. representing the Committee in matters arising in or under or
in cases related to these cases, including appearing at hearings,
conferences, mediations, and/or other proceedings arising in or
relating to these cases, including any ancillary proceedings;
f. reviewing and analyzing and/or preparing pleadings, motions,
applications, orders, briefs, objections, responses, and replies
and other papers with respect to any matter involving or relating
to the cases or the Committee;
g. assisting and advising the Committee in its negotiations with
the Debtors, creditors, and other parties-in-interest;
h. responding to inquiries from individual creditors as
appropriate;
i. communicating with the Committee and creditors regarding
these matters; and
j. performing all other legal services that may be required or
requested by the Committee in connection with these cases.
The firm will be paid at the rates of $325 to $350 per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ms. Donnovin 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:
Elisabeth B. Donnovin, Esq.
Johnson & Mulroony, P.C.
428 McCallie Avenue
Chattanooga, TN 37402
Tel: (423) 266-2300
Fax: (423) 266-6906
Email: edonnovin@johnsonmulroony.com
About Remember Me Senior Care, LLC
Remember Me Senior Care, LLC, a company in Cleveland, Tenn., offers
personalized assisted living and memory care services in a homelike
environment. The facility provides a range of services, including
help with daily activities, medication management, and specialized
care for those with Alzheimer's or other dementias.
Remember Me Senior Care sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-10451) on February
18, 2025. In its petition, the Debtor reported up to $50,000 in
assets and between $10 million and $50 million in liabilities.
Judge Nicholas W. Whittenburg oversees the case.
The Debtor is represented by Jeffrey W. Maddux, Esq., at Chambliss,
Bahner & Stophel P.C.
RITE AID: May 9 Deadline Set for Panel Questionnaires
-----------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy cases of New Rite Aid, LLC,
et al.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/2ma7bp37 and return by email it to
Tina L. Oppelt, Esq.
- Tina.L.Oppelt@usdoj.gov - at the Office of the United States
Trustee so that it is received no later than May 9, 2025 at 4:00
p.m.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About 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: Trustee Seeks Control of Insurance Suit
-------------------------------------------------
Emlyn Cameron of Law360 reports that a trust formed under Rite
Aid's previous bankruptcy reorganization has asked a New Jersey
bankruptcy judge for permission to step into an ongoing adversary
case aimed at recovering insurance funds related to opioid claims.
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.
ROCK HOME: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------
Debtor: Rock Home, LLC
2616 Carter Avenue
Nashville, TN 37206-1346
Business Description: Rock Home, LLC is a privately held company
with principal real estate assets located on
Stewarts Lane in Nashville, Tennessee.
Chapter 11 Petition Date: May 7, 2025
Court: United States Bankruptcy Court
Middle District of Tennessee
Case No.: 25-01934
Judge: Hon. Nancy B King
Debtor's Counsel: Denis Graham "Gray" Waldron, Esq.
DUNHAM HILDEBRAND PAYNE WALDRON, PLLC
9020 Overlook Blvd., Suite 316
Brentwood, TN 37027
Tel: 629-777-6519
Fax: 615-777-3765
E-mail: gray@dhnashville.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Michael Matthews as member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/B6T4J7Y/Rock_Home_LLC__tnmbke-25-01934__0001.0.pdf?mcid=tGE4TAMA
ROYAL INTERCO: Hires Epiq Corporate as Administrative Advisor
-------------------------------------------------------------
Royal Interco, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Epiq Corporate Restructuring,
LLC as administrative advisor.
The firm will render these services:
(a) assist with solicitation, balloting and tabulation of
votes, and prepare any related reports;
(b) prepare an official ballot certification and, if
necessary, testify in support of the ballot tabulation results;
(c) assist with preparing and gathering information for the
Debtors' schedules of assets and liabilities and statements of
financial affairs;
(d) provide a confidential data room, if requested;
(e) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(f) provide such other processing, solicitation, balloting and
other administrative services described in the Engagement
Agreement.
The hourly rates of the firm's professionals are as follows:
IT/Programming $55 - $85
Case Managers $80 - $180
Project Managers/Consultants/Directors $165 - $185
Solicitation Consultant $190
Executive Vice President, Solicitation $190
In addition, the firm will seek reimbursement for out-of-pocket
expenses incurred.
Epiq shall receive a retainer in the amount of $25,000.
Kathryn Tran, a consulting director at Epiq Corporate
Restructuring, 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:
Kathryn Tran
Epiq Corporate Restructuring, LLC
777 Third Avenue, 12th Floor
New York, NY 10017
Tel: (714) 394-6998
Email: ktran@epiqglobal.com
About Royal Interco
Royal Interco, LLC is a manufacturer of high-quality paper
products, including bath tissue, paper towels, facial tissue and
napkins, offering a broad range of products and packaging
configurations to serve both regional and national customers.
Royal Interco sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10674) on April 8, 2025. In its
petition, the Debtor reported between $100 million and $500 million
in both assets and liabilities. Michael Ragano, chief restructuring
officer, signed the petitions.
Judge Thomas M Horan presides over the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as general
counsel; Livingstone Partners, LLC as investment banker; and Epiq
Corporate Restructuring, LLC as claims and noticing agent. The
Debtors' provider of turnaround and business transformation
advisory services is Novo Advisors, LLC.
ROYAL INTERCO: Taps Livingstone Partners LLC as Investment Banker
-----------------------------------------------------------------
Royal Interco, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Livingstone Partners LLC as
investment banker.
The firm will render these services:
a. review and familiarize itself with the business operations,
physical assets and financial condition of the Debtors, as well as
the other matters and/or analyses it deems relevant;
b. assist in the preparation of a comprehensive confidential
information package describing the Debtors and in the preparation
and negotiation of any confidentiality agreements to be entered
into by third parties potentially interested in participating in a
transaction, all of which shall be subject to the approval of the
Debtors;
c. develop a list of potential buyers for the Debtors that
Livingstone believes in good faith to be financially qualified and
potentially interested in participating in a transaction;
d. contact potential buyers on the Debtors' behalf and, as
appropriate, arrange for and orchestrate meetings between potential
buyers and/or investors and the Debtors' management;
e. present to the Debtors all proposals from potential buyers
and make recommendations as to the Debtors' appropriate negotiating
strategy and course of conduct;
f. assist in all negotiations and in all document review as
reasonably requested and directed by the Debtors; and
g. provide such other financial advisory and investment
banking services as are customary for similar transactions and as
may be mutually agreed upon in advance in writing by Debtors and
Livingstone.
The firm will receive compensation at these rates:
a. The Debtors agree to pay Livingstone a monthly fee (the
"Monthly Fee") of $25,000. The first Monthly Fee was due, earned
and payable on the date of execution of the Engagement Agreement by
the Debtors and subsequent Monthly Fees shall be due, earned and
payable on the same day of each successive month until the earlier
of the consummation of a Transaction or the termination of the
Engagement Agreement. Any Monthly Fees earned after Livingstone has
been paid four (4) Monthly Fees shall be credited against the
Accomplishment Fee. In the event a Transaction is not consummated,
Livingstone shall in no event be obligated to return the Monthly
Fees to the Debtors.
b. The amount payable by the Debtors to Livingstone at the
closing of one or a series of Transaction(s) (the "Accomplishment
Fee") shall be an amount equal to the greater of 2.0 percent of
Total Consideration or $750,000 (such $750,000, or $500,000 in the
case of a credit bid as set forth below, the "Minimum Fee"). For
the avoidance of doubt, there will only be one Minimum Fee payable
hereunder.
c. The Accomplishment Fee shall be calculated based on the
Total Consideration ("Total Consideration") paid or payable to the
Debtors or their lenders and/or security holders in connection
with, or in anticipation of, the Transaction, including amounts
held back by the Buyer or placed in escrow, and shall include
without limitation:
(i) Cash paid (including without limitation any licensing,
royalty or similar fees) and securities transferred to the Debtors,
lenders and/or holders of their securities, based on the market
value of marketable equity securities or interests, the fair value
of unmarketable equity securities or interests and the face amount
of straight and convertible debt instruments or obligations issued
or issuable to the Debtors or their security holders or any entity
affiliated with the Debtors or their security holders, in each case
whether vested or not, that are "rolled over," "carved out," or
"cashed out" as part of the Transaction;
(ii) In the case of a sale of securities by the Debtors'
security holders, all "financial debt" of the Debtors, which
includes all liabilities of the Debtors other than trade payables
and operating expenses accrued in the ordinary course of business;
(iii) In the case of a sale of assets, any and all debt,
liabilities and/or obligations of the Debtors that is assumed, paid
or forgiven by the buyer, other than accounts payable and accrued
expenses that are: (i) incurred in the normal course of business;
(ii) not past-due or "debt-like items"; and (iii) included within a
customary net working capital calculation; (iv) The amount of any
credit bid made by any of the Debtors' existing lenders; (v) The
net present value (applying a discount rate equal to the then
prevailing prime rate as quoted in The Wall Street Journal) of
scheduled payments provided for in any leases by the buyer of
assets owned and retained by the Debtors, their security holders or
any affiliates thereof;
(vi) The principal amount of deferred installments of
purchase price (if and when collected by the Debtors);
(vii) Future payments to be made to the Debtors or their
security holders in connection with the Transaction, including
payments that are contingent on future events, such as, without
limitation, the post-closing earnings or operations of the Debtors
or their underlying assets (if and when collected by the Debtors);
(viii) The fair market value of Debtors' assets retained after
closing (including accounts receivable and real property) or
transferred to the Debtors' security holders or any affiliates
thereof after the date of the Engagement Agreement (including
extraordinary bonuses, dividends, or other distributions of
property or capital), in each case pursuant to this clause (h) only
with respect to such assets that the Debtors exclude from a
Transaction with a third party buyer at a time when a different
third-party buyer had offered to purchase such assets; and
(ix) The value of any retained or acquired interest in the
Debtors or their successor, or the right to acquire such interest.
d. In the event: (i) the Debtors receive a qualified bid from a
third-party buyer; (ii) the Debtors' lender elects to submit a
credit bid topping bid (the "Credit Bid Topping Bid"); and (iii)
the Credit Bid Topping Bid is the prevailing bid, then the
Accomplishment Fee due to Livingstone shall be based on the highest
third-party qualified bid so long as the Total Consideration of
such third-party qualified bid is at least $37,500,000 but if the
Total Consideration of such other third-party qualified bid is less
than $37,500,000, the Accomplishment Fee shall be $500,000.
e. In the event: (i) Livingstone has delivered one or more
bona fide indications of interest; and (ii) the Debtors and/or
their lenders terminate the Engagement Agreement in favor of a
Liquidation Process and no Minimum Fee has been paid, then the
Debtors agree to pay Livingstone a "break fee" of $400,000.
f. Whether or not there is a Closing of a Transaction, the
Debtors agree to reimburse Livingstone from time to time on demand
(and in no event later than 30 days following invoice delivery),
for all reasonable and documented out-of-pocket expenses and the
reasonable and documented fees and expenses of Livingstone's
counsel, subject to the Debtors' prior approval of cumulative
expenditures in excess of $15,000. Out-of-pocket expenses shall
include all travel-related expenses plus a fixed monthly charge of
$300 to cover telephone, facsimile, memoranda production costs,
duplication, courier, database research, and other similar
expenses.
Joseph Greenwood, a member at Livingstone Partners, 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:
Joseph Greenwood
Livingstone Partners LLC
443 N. Clark St.
Chicago, IL 60654
Telephone: (312) 670-5913
Email: greenwood@livingstonepartners.com
About Royal Interco
Royal Interco, LLC is a manufacturer of high-quality paper
products, including bath tissue, paper towels, facial tissue and
napkins, offering a broad range of products and packaging
configurations to serve both regional and national customers.
Royal Interco sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10674) on April 8, 2025. In its
petition, the Debtor reported between $100 million and $500 million
in both assets and liabilities. Michael Ragano, chief restructuring
officer, signed the petitions.
Judge Thomas M Horan presides over the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as general
counsel; Livingstone Partners, LLC as investment banker; and Epiq
Corporate Restructuring, LLC as claims and noticing agent. The
Debtors' provider of turnaround and business transformation
advisory services is Novo Advisors, LLC.
ROYAL INTERCO: Taps Michael Ragano of Novo Advisors as CRO
----------------------------------------------------------
Royal Interco, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Novo Advisors LLC and
designation of Michael Ragano as chief restructuring officer.
The firm will provide these services:
a. review and analyze the Debtors' business, operations,
assets, financial condition, business, plan, strategy, and
operating forecasts;
b. assist the Debtors and their professionals in their
preparation of bankruptcy filings (e.g., schedules of assets and
liabilities, the statement of financial affairs, and the monthly
operating reports as required by the Office of the United States
Trustee (the "U.S. Trustee"));
c. produce a 13-week cash budget and operating projection;
d. attend meetings with the Debtors, their professionals, and
other stakeholders, as required, and participate in court
hearings;
e. assist in negotiations with, and respond to inquiries from,
various stakeholders, including creditors and other parties, as
necessary;
f. provide expert testimony in support of bankruptcy filings,
a plan of reorganization, or a sale transaction under section 363
of the Bankruptcy Code, as necessary and appropriate; and
g. assist the Debtors in developing, evaluating, structuring,
and negotiating the terms and conditions of a restructuring, plan
of reorganization, or sale transaction, including a liquidation
analysis and estimation of creditor recoveries.
The CRO, specifically, will provide these services:
a. develop disposition strategies for underperforming assets
with management, counsel, and other professionals;
b. identify and implement both short-term and long-term profit
improvement, liquidity-generating, and debt reduction initiatives
to improve the Debtors' ongoing viability, as described above; and
c. oversee and manage all cash disbursements and any and all
financial restructuring initiatives, including, to the extent
necessary, any insolvency proceedings and in- or out-of-court
activities to monetize assets and reduce creditor obligations.
The firm will be paid at these hourly rates:
Partners/Principals $775 to $1,095
Managing Directors/Directors $595 to $775
Senior Consultants/Consultants $375 to $525
Paraprofessionals $275
Novo received retainers and payments totaling $1,313,103. As of the
Petition Date, the balance of the Retainer was $153,519.71.
Novo is a "disinterested person" as that term is defined by section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Robert Vanderbeek
Novo Advisors, LLC
401 N. Franklin St., Suite 4 East
Chicago, IL 60654
Phone: (201) 220-9433
Email: RVanderbeek@novo-advisors.com
About Royal Interco
Royal Interco, LLC is a manufacturer of high-quality paper
products, including bath tissue, paper towels, facial tissue and
napkins, offering a broad range of products and packaging
configurations to serve both regional and national customers.
Royal Interco sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10674) on April 8, 2025. In its
petition, the Debtor reported between $100 million and $500 million
in both assets and liabilities. Michael Ragano, chief restructuring
officer, signed the petitions.
Judge Thomas M Horan presides over the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as general
counsel; Livingstone Partners, LLC as investment banker; and Epiq
Corporate Restructuring, LLC as claims and noticing agent. The
Debtors' provider of turnaround and business transformation
advisory services is Novo Advisors, LLC.
ROYAL INTERCO: Taps Morris Nichols Arsht as Bankruptcy Counsel
--------------------------------------------------------------
Royal Interco, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Morris, Nichols, Arsht &
Tunnell LLP as bankruptcy counsel.
The firm will render these services:
a. perform all necessary services as the Debtor's bankruptcy
counsel, including, without limitation, providing the Debtor with
advice, representing the Debtor, and preparing necessary documents
on behalf of the Debtor in the areas of restructuring and
bankruptcy;
b. take all necessary actions to protect and preserve the
Debtor's estate during this Chapter 11 Case, including the
prosecution of actions by the Debtor, the defense of any actions
commenced against the Debtor, negotiations concerning litigation in
which the Debtor is involved and objecting to claims filed against
the estate;
c. prepare or coordinate preparation on behalf of the Debtor,
as Debtor in possession, necessary motions, applications, answers,
orders, reports and papers in connection with the administration of
this Chapter 11 Case;
d. counsel the Debtor with regard to its rights and
obligations as debtor in possession;
e. coordinate with the Debtor's other professionals in
representing the Debtor in connection with this Chapter 11 Case;
and
f. perform all other necessary legal services.
The firm will be paid at these hourly rates:
Partners $1,005 to $1,895
Associates and Special Counsel $625 to $1,120
Paraprofessionals $395 to $435
Case Clerks $385
The firm will seek reimbursement for reasonable out-of-pocket
expenses incurred.
On the Petition Date, Morris Nichols held an advance payment
balance of $87,461.55
Morris Nichols 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: As part of its customary practices, Morris Nichols
increases the hourly rates of its attorneys beginning January 1 of
each year. Otherwise, the material terms of the prepetition
engagement are substantially the same.
For work performed for the Debtors in 2024, Morris Nichols's
hourly rates were as follows:
Partners $915 to 1,895
Associates and Special Counsel $595 to 1,095
Paraprofessionals $375 to 415
Case Clerks $195
For the work performed for the Debtors in 2025, Morris
Nichols's hourly rates are as follows:
Partners $1,005 to 1,895
Associates and Special Counsel $625 to 1,120
Paraprofessionals $395 to 435
Case Clerks $385
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: Morris Nichols and the Debtors have agreed on a budget
and staffing plan for the chapter 11 cases.
Robert J. Dehney, Sr., a partner at Morris, 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 J. Dehney, Sr.
Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street, 16th Floor
PO Box 1347
Wilmington, DE 19899-1347
Email: rdehney@morrisnichols.com
Tel: (302) 351-9353
Fax: (302) 658-3989
About Royal Interco
Royal Interco, LLC is a manufacturer of high-quality paper
products, including bath tissue, paper towels, facial tissue and
napkins, offering a broad range of products and packaging
configurations to serve both regional and national customers.
Royal Interco sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10674) on April 8, 2025. In its
petition, the Debtor reported between $100 million and $500 million
in both assets and liabilities. Michael Ragano, chief restructuring
officer, signed the petitions.
Judge Thomas M Horan presides over the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as general
counsel; Livingstone Partners, LLC as investment banker; and Epiq
Corporate Restructuring, LLC as claims and noticing agent. The
Debtors' provider of turnaround and business transformation
advisory services is Novo Advisors, LLC.
SCHAFER FISHERIES: Seeks to Sell Fort Madison Property at Auction
-----------------------------------------------------------------
Schafer Fisheries Inc. seeks permission from the U.S. Bankruptcy
Court for the Northern District of Illinois, Western Division, to
sell real estate, attachments, and fixtures, free and clear of
liens, interests, and encumbrances.
The Debtor's Property is located at Fort Madison, Iowa, Lee County
that contains 4.5 acres of land.
The Debtor employs Philip M. Firrek as a business consultant and
assisted the Debtor on its financial operations and obtaining
prospective purchasers of their principal real estate assets and
business operations.
The Debtor has been continually marketed the property for several
years and was able to negotiate a contract acceptable to them with
Chislon Investment LLC (Stalking Horse Bid or Bidder) for the gross
purchase price of $200,000.
The lienholder of the Property are Newtek Small Business Finance
and the Small Business Association, Newtek Small Business Finance,
and the Internal Revenue Service.
The Debtor issues notice and advertisement about the sale in a news
paper of general circulation in the counties where the properties
are located, inviting higher and better offers to the Stalking
Horse Bid accepted by the Debtors.
Any competing bid must be made in writing and be accompanied by a
deposit of 10% of the bidding price to be held by the Debtor's
counsel in its trust account.
Any alternative bid must be the cash for the Debtor's real estate
and personal property.
If one or more qualified alternative bids are submitted, an auction
will be conducted at the office of the Debtor's counsel, 181 W.
Madison Street, Suite 4700, Chicago, IL 60602 bids at 1:90 P.M. or
other location outlined in the Notice of Sale.
If no qualified competing bids received, then a hearing will be
held before the Court at the Debtor's first opportunity to be
heard.
The Debtor also proposes to shorting the notice of the motion to 7
days from 21 days to allow presentment of the motion seeking to
allow coordinate scheduling with he Subchapter V Plans filed by the
Debtor.
About Schafer Fisheries Inc.
Schafer Fisheries Inc. is a seafood processor and distributor in
Fulton, Ill.
Schafer Fisheries filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-80824) on June
20, 2024, listing between $100,001 and $500,000 in assets and
between $1 million and $10 million in liabilities. Jennifer Schank
of Fuhrman & Dodge, S.C. serves as Subchapter V trustee.
Judge Thomas M. Lynch oversees the case.
Schafer Fisheries tapped The Golding Law Offices PC and Leibowitz,
Hiltz & Zanzig, LLC as bankruptcy counsel, and Philip Firrek as
consultant.
The Debtor is represented by Richard N. Golding, Esq., at Law
Offices Of Richard N. Golding, P.C.
SCILEX HOLDING: Implements 1-for-35 Reverse Stock Split
-------------------------------------------------------
Scilex Holding Company disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on April 14, 2025,
the Company filed a Certificate of Amendment to its Restated
Certificate of Incorporation, with the Secretary of State of the
State of Delaware to effect a 1-for-35 reverse stock split of the
shares of Company's common stock, $0.0001 par value per share.
As previously disclosed in a Current Report on Form 8-K filed by
the Company with the Securities and Exchange Commission on March
20, 2025, at the Company's Special Meeting of Stockholders held on
March 19, 2025, the stockholders of the Company approved any
amendment to the Company's Restated Certificate of Incorporation to
effect a reverse stock split of the Common Stock, within a range of
1-for-14 to 1-for-50 (or any number in between), without reducing
the authorized number of shares of Common Stock, and the filing of
a final amendment with the ratio within such range to be determined
in the sole discretion of the Board of Directors at any time on or
before March 19, 2026, without further approval or authorization of
the Company's stockholders. The Board set the Reverse Stock Split
ratio at 1-for-35 and approved and authorized the filing of the
Certificate of Amendment on April 3, 2025.
As a result of the Reverse Stock Split, every 35 shares of
pre-Reverse Stock Split Common Stock will be combined into 1 share
of post-Reverse Stock Split Common Stock, without any change in par
value per share. Proportionate voting rights and other rights of
holders of Common Stock will not be affected by the Reverse Stock
Split (other than as a result of the payment of cash in lieu of
fractional shares).
No fractional shares of Common Stock will be issued as a result of
the Reverse Stock Split. In lieu of any fractional shares to which
a holder of Common Stock would otherwise be entitled as a result of
the Reverse Stock Split, the Company will pay cash equal to such
fraction multiplied by the closing sales price of the Common Stock
as reported on the Nasdaq Capital Market on April 14, 2025, which
is the trading day immediately preceding the effective date of the
Reverse Stock Split.
The Reverse Stock Split is intended for the Company to regain
compliance with the minimum bid price requirement of $1.00 per
share of Common Stock for continued listing on the Nasdaq Capital
Market. The Reverse Stock Split was effective at 12:01 a.m.,
Eastern Time, on April 15, 2025, and the Common Stock began trading
on a Reverse Stock Split-adjusted basis on the Nasdaq Capital
Market at the opening of the market on April 15, 2025. The trading
symbol for the Common Stock will remain "SCLX," and the new CUSIP
number of the Common Stock following the Reverse Stock Split is
80880W205. The CUSIP number for the Company's publicly traded
warrants will not change.
The Reverse Stock Split affected all record holders of the Common
Stock uniformly and did not affect any record holder's percentage
ownership interest in the Company, except for de minimis changes as
a result of the elimination of fractional shares. Holders of Common
Stock who hold in "street name" in their brokerage accounts do not
have to take any action as a result of the Reverse Stock Split.
Their accounts will be automatically adjusted to reflect the number
of shares owned. Stockholders of record will be receiving
information from Continental Stock Transfer & Trust Company
regarding their stock ownership following the Reverse Stock Split
and cash in lieu of fractional share payments, if applicable.
In addition, the Reverse Stock Split will apply to the Common Stock
issuable upon the exercise or conversion, as applicable, of the
Company's outstanding warrants, stock options and senior secured
convertible notes, with proportionate adjustments to be made to the
exercise or conversion prices in accordance with the applicable
terms thereof. With respect to the Company's publicly traded
warrants trading under the symbol "SCLXW," every 35 warrants
outstanding immediately prior to the Reverse Stock Split will be
exercisable for one share of Common Stock at an exercise price of
$402.50 per share, which is 35 times $11.50, the exercise price
prior to the Reverse Stock Split. Furthermore, the number of shares
of Common Stock available for issuance under the Company's equity
incentive plans will be proportionately adjusted for the Reverse
Stock Split ratio, such that fewer shares will be subject to such
plans.
About Scilex Holding Company
Palo Alto, Calif.-based Scilex Holding Company --
www.scilexholding.com -- is an innovative revenue-generating
company focused on acquiring, developing and commercializing
non-opioid pain management products for the treatment of acute and
chronic pain and, following the formation of its proposed joint
venture with IPMC Company, neurodegenerative and cardiometabolic
disease. Scilex targets indications with high unmet needs and
large market opportunities with non-opioid therapies for the
treatment of patients with acute and chronic pain and is dedicated
to advancing and improving patient outcomes. Scilex's commercial
products include: (i) ZTlido (lidocaine topical system) 1.8%, a
prescription lidocaine topical product approved by the U.S. Food
and Drug Administration for the relief of neuropathic pain
associated with postherpetic neuralgia, which is a form of
post-shingles nerve pain; (ii) ELYXYB, a potential first-line
treatment and the only FDA-approved, ready-to-use oral solution for
the acute treatment of migraine, with or without aura, in adults;
and (iii) Gloperba, the first and only liquid oral version of the
anti-gout medicine colchicine indicated for the prophylaxis of
painful gout flares in adults.
In its report dated March 31, 2025, the Company's auditor, BMP LLP,
issued a "going concern" qualification, attached to the Company's
Annual Report on Form 10-K for the year ended Dec. 31, 2024, citing
that the Company has suffered recurring losses from operations and
has a net capital deficiency that raise substantial doubt about its
ability to continue as a going concern.
SEASONAL LANDSCAPE: Court Extends Cash Collateral Access to May 31
------------------------------------------------------------------
Seasonal Landscape Solutions, Inc. received another extension from
the U.S. Bankruptcy Court for the Northern District of Illinois to
use cash collateral.
The 12th interim order authorized the company to use cash
collateral in accordance with its budget, which projects total
operational expenses of $365,125 from May 1 to 31.
The company is not allowed to make any payments or distributions
other than the itemized projected disbursements set forth in the
budget without the prior written consent of its pre-bankruptcy
secured lender.
BMO Harris Bank holds a senior lien on the company's assets
totaling at least $495,000, with a subordinate lien by the U.S.
Small Business Administration.
As protection, BMO Harris Bank was granted a replacement lien on
substantially all of the company's assets, including cash
collateral equivalents, cash and accounts receivable, to the same
extent and with the same validity as its pre-bankruptcy lien.
In addition, BMO Harris Bank was granted an administrative expense
claim under Section 507(b) of the Bankruptcy Code.
The next hearing is scheduled for May 28.
About Seasonal Landscape Solutions
Seasonal Landscape Solutions, Inc. is a company in Algonquin, Ill.,
which specializes in residential design-build landscaping.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-08880) on June 17,
2024, with $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Ira Bodenstein serves as Subchapter V
trustee.
Judge Janet S. Baer presides over the case.
The Debtor is represented by Richard G. Larsen, Esq., at Springer
Larsen Greene, LLC.
SELECTIS HEALTH: Reports $2.4 Million Net Loss for FY 2024
----------------------------------------------------------
Selectis Health, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting a net loss of
$2.4 million compared to a net loss of $4 million for the year
ended December 31, 2023.
Through its history, the Company has experienced shortages in
working capital and has relied on, from time to time, upon sales of
debt and equity securities to meet cash demands generated by our
acquisition activities.
At December 31, 2024, the Company had cash and cash equivalents of
$680,332 and restricted cash of $711,634.
Selectis Health said, "Our restricted cash is to be expended on
repairs and capital expenditures associated with Providence of
Sparta Nursing Home or Warrenton Health and Rehab. Our liquidity is
expected to increase from potential equity and debt offerings and
decrease as net offering proceeds are expended in connection with
our various property improvement projects. Our continuing
short-term liquidity requirements consisting primarily of operating
expenses and debt service requirements, excluding balloon payments
at maturity, are expected to be achieved from healthcare
operations, rental revenues received, and existing cash on hand."
"As reflected in our consolidated financial statements included
elsewhere in this Annual Report, we have a history of losses and
incurred a net loss of $2.4 million and had a working capital
deficiency of $16.1 million as of December 31, 2024."
New York, N.Y.-based WithumSmith+Brown, PC, 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, has incurred
significant losses from operations, has accumulated deficits 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.
"Our ability to continue as a going concern is dependent on our
ability to execute our strategy and on our ability to raise
additional funds through the sale of equity and/or debt securities
via public and/or private offerings."
"Our long-term ability to continue as a going concern is dependent
upon our ability to increase revenue, reduce costs, achieve a
satisfactory level of profitable operations, and obtain additional
sources of suitable and adequate financing. Our ability to continue
as a going concern is also dependent its ability to further develop
and execute on our business plan. We may also have to reduce
certain overhead costs through the reduction of salaries and other
means and settle liabilities through negotiation. There can be no
assurance that management's attempts at any or all of these
endeavors will be successful," the Company concluded."
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/5ftvcfpr
About Selectis Health
Headquartered in Greenwood Village, Colo., Selectis Health, Inc.
owns and operates, through wholly-owned subsidiaries, Assisted
Living Facilities, Independent Living Facilities, and Skilled
Nursing Facilities across the South and Southeastern portions of
the US. In 2019, the Company shifted from leasing long-term care
facilities to third-party, independent operators towards an owner
operator model.
As of Dec. 31, 2024, the Company had $33.4 million in total assets,
$38.9 million in total liabilities, and a total stockholders'
deficit of $5.4 million.
SEMILEDS CORP: Regains Compliance With Nasdaq's Equity Rule
-----------------------------------------------------------
SemiLEDs Corporation disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on December 4, 2024,
the Company received a notice from The Nasdaq Stock Market LLC
indicating that it did not meet the minimum of $2,500,000 in
stockholders' equity required by NASDAQ Listing Rule 5550(b)(1) for
continued listing, or the alternatives of market value of listed
securities or net income from continuing operations. Pursuant to
the Listing Rule, the Company submitted a plan to regain compliance
with the Listing Rule. NASDAQ accepted its plan and granted the
Company an extension through April 14, 2025.
As reported in the Company's Quarter Report on Form 10-Q, the
Company's total stockholders' equity as of February 28, 2025, was
$3.6 million. As of April 15, 2025, the Company believes that it
has regained compliance with the stockholders' equity requirement.
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,
that it may be subject to delisting.
About SemiLEDs Corporation
Headquartered in Taiwan, R.O.C., SemiLEDs Corporation develops,
manufactures, and sells light-emitting diode (LED) chips, LED
components, LED modules, and systems. The Company's products serve
a range of specialty industrial applications, including ultraviolet
(UV) curing of polymers, LED light therapy for medical and cosmetic
purposes, counterfeit detection, horticultural lighting,
architectural lighting, and entertainment lighting. SemiLEDs
packages its LED chips into LED components, which are sold to
distributors and a customer base primarily concentrated in key
markets, such as the Netherlands, Taiwan, the United States, and
Japan. The Company also offers its "Enhanced Vertical" (EV) LED
product series in blue, white, green, and UV variations in select
markets. The Company's lighting products are primarily sold to
original design manufacturers (ODMs) of lighting products, as well
as to the end users of lighting devices.
In its report dated Nov. 26, 2024, the Company's auditor, KCCW
Accountancy Corp., issued a "going concern" qualification citing
that the Company incurred recurring losses from operations and has
an accumulated deficit, which raises substantial doubt about its
ability to continue as a going concern.
SERVANT GROUP: Trustee Taps Pivot Health Law as Healthcare Counsel
------------------------------------------------------------------
James Cross, the appointed Subchapter V Trustee in the Chapter 11
case of The Servant Group, LLC, seeks approval from the U.S.
Bankruptcy Court for the District of Arizona to employ Pivot Health
Law, LLC as special healthcare counsel.
The firm will provide these services:
(a) review patient and provider contracts to ensure compliance
with all regulatory and human resource/employment standards; and
(b) any other task that may be required and related to the
bankruptcy proceedings involving the Debtor's personnel and
healthcare compliance issues.
Susan Goodman, Esq., an attorney and registered nurse, will be
billed at her hourly rate of $425 per hour. Paraprofessionals, if
utilized, will be billed at $195 per hour.
In addition, the firm will seek reimbursement for expenses
incurred.
Ms. Goodman 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:
Susan N. Goodman, Esq.
Pivot Health Law, LLC
P.O. Box 69734
Oro Valley, AZ 85737
Telephone: (520) 744-7061
Facsimile: (520) 575-4075
About The Servant Group
Based in Surprise, Ariz., The Servant Group, LLC specializes in
providing nursing-supported residential homes for adults and
children with developmental disabilities. It offers a variety of
home and community-based services, including adult day care, adult
day health care, home health aide, personal care, respite care, and
visiting nurse services.
The Servant Group sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-02541) on March 25,
2025. In its petition, the Debtor reported assets between $50,000
and $100,000 and liabilities between $1 million and $10 million.
Judge Brenda K. Martin handles the case.
The Debtor is represented by Patrick Keery, Esq., at Keery McCue,
PLLC.
James E. Cross was appointed as Subchapter V trustee in this
Chapter 11 case. He tapped Pivot Health Law, LLC as special
healthcare counsel.
SHARPLINK GAMING: Sets 1-for-12 Reverse Split to Meet Nasdaq Rule
-----------------------------------------------------------------
SharpLink Gaming, Inc., said it will implement a 1-for-12 reverse
stock split effective May 6 to comply with Nasdaq's $1.00 minimum
bid price rule. The move aims to boost the Company's share price
and maintain its listing on the Nasdaq Capital Market.
SharpLink's common stock will continue to trade on The Nasdaq
Capital Market under the symbol "SBET" and under a new CUSIP
number, 820014405. As a result of the reverse stock split, every
twelve pre-split shares of common stock outstanding will become one
share of common stock. The reverse split will also apply to common
stock issuable upon the exercise of SharpLink's outstanding
warrants and stock options. The reverse stock split will not
proportionately reduce the number of shares of authorized common
stock, as permitted under Delaware law.
SharpLink's transfer agent, Equiniti Trust Company, LLC, which is
also acting as the exchange agent for the reverse split, will
provide instructions to stockholders regarding the process for
exchanging share certificates. Any fractional shares of common
stock resulting from the reverse stock split will be rounded to the
nearest whole post-split share (half shares will be rounded down)
and no stockholders will receive cash in lieu of fractional shares.
For assistance from Equiniti, please call 877-248-6417 or
718-921-8317.
About SharpLink Gaming
SharpLink Gaming, Inc., operates as a marketing partner to
sportsbooks and online casino gaming operators globally. SharpLink
Gaming operates as a marketing partner to sportsbooks and online
casino gaming operators globally. Based in Minneapolis, Minnesota,
the Company operates PAS.net, an affiliate marketing network that
facilitates player acquisition and engagement for regulated iGaming
operators. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences.
Cherry Bekaert LLP, the Company's auditor since 2022, included a
"going concern" qualification in its audit report on the 2024
annual results. The firm cited recurring losses and negative
operating cash flows as factors that raise substantial doubt about
the Company's ability to continue operating.
The Company has a track record of net losses and noted that it may
be unable to achieve or sustain profitability going forward. The
Company experienced net income of $10,099,619 for the year ending
Dec. 31, 2024, compared to a net loss of $14,243,182 for the years
ended Dec. 31, 2023. As of Dec. 31, 2024, the Company had an
accumulated deficit of $(77,808,959).
SINCLAIR BROADCAST: Egan-Jones Retains CCC+ Sr. Unsecured Ratings
-----------------------------------------------------------------
Egan-Jones Ratings Company on May 2, 2025, maintained its 'CCC+'
foreign currency and local currency senior unsecured ratings on
debt issued by Sinclair Broadcast Group, LLC of Maryland. EJR also
withdrew rating on commercial paper issued by the Company.
Headquartered in Cockeysville, Maryland, Sinclair Broadcast Group,
LLC of Maryland, operates as a media company.
SMALL FORTUNE: Bankr. Administrator Unable to Appoint Committee
---------------------------------------------------------------
The U.S. Bankruptcy Administrator for the Eastern District of North
Carolina disclosed in a filing that no official committee of
unsecured creditors has been appointed in the Chapter 11 case of
Small Fortune Hunter, LLC.
About Small Fortune Hunter
Small Fortune Hunter, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-01203) on April
1, 2025, listing up to $50,000 in assets and up to $500,000 in
liabilities. Michael Seighman, member-manager of Small Fortune
Hunter, signed the petition.
Judge David M. Warren oversees the case.
The Debtor is represented by:
Philip Sasser, Esq.
Sasser Law Firm
Tel: 919-319-7400
Email: philip@sasserbankruptcy.com
SMITH ENVIRONMENTAL: Hires Independence Legal as Special Counsel
----------------------------------------------------------------
Smith Environmental and Engineering, Inc. seeks approval from the
U.S. Bankruptcy Court for the District of Colorado to employ
Independence Legal Group PLLC as special counsel.
The firm will assist the Debtor to negotiate and draft a purchase
and sale agreement to the Debtor's physical assets and a portion of
its business as a going concern to generate funds for certain
secured creditors.
The firm will be paid $315 per hour. The firm will also be paid a
retainer of $5,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Burke 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:
William Burke, Esq.
Independence Legal Group
6551 S Revere Pkwy # 255
Centennial, CO 8011
Tel: (303) 418-8860
About Smith Environmental and Engineering, Inc.
Smith Environmental and Engineering, Inc. is a woman-owned
consulting firm that provides comprehensive environmental services,
specializing in ecological sciences, environmental engineering, and
construction. With over 24 years of experience, the company offers
tailored solutions for environmental management, hazardous
materials, and cultural resource projects across various
industries.
Smith Environmental and Engineering sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Colo. Case
No. 25-11042) on February 28, 2025. In its petition, the Debtor
reported total assets of $1,486,401 and total liabilities of
$2,975,603.
Judge Michael E. Romero handles the case.
The Debtor is represented by:
David Warner, Esq.
Tel: (303) 296-1999
Email: dwarner@wgwc-law.com
SOBR SAFE: Posts $8.6M Loss for 2024; Going Concern Doubt Mitigated
-------------------------------------------------------------------
SOBR Safe, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$8,609,156 on $212,736 of revenues for the year ended December 31,
2024, compared to a net loss of $10,214,721 on $157,292 of revenues
for the year ended December 31, 2023.
The Company has incurred recurring losses from operations and has
limited cash liquidity and capital resources to meet future capital
requirements. The Company's ability to meet future capital
requirements will depend on many factors, including the Company's
ability to sell and develop products, generate cash flow from
operations, and assess competing market developments. The Company
may need additional capital resources in the future. Sources of
debt financing may result in additional interest expense. Any
financing, if available, may be on unfavorable terms. If adequate
funds are not available or obtained, the Company may be required to
reduce or curtail operations.
As of December 31, 2024, the Company has an accumulated deficit of
approximately $98,300,000. During the year ended December 31, 2024,
the Company also experienced negative cash flows from operating
activities of approximately $6,500,000. These principal conditions
and events, when considered in the aggregate, could indicate it is
probable that the Company will be unable to meet its obligations as
they become due within one year after the date the financial
statements are issued. However, the Company has identified factors
that may mitigate the probable conditions that have raised
substantial doubt about the entity's ability to continue as a going
concern.
Management believes that cash balances of approximately $8,400,000
and positive working capital of approximately $7,600,000 at
December 31, 2024, provide adequate capital for operating
activities for the next 12 months after the date these financial
statements are issued. Management believes the release of its
second generation SOBRsure device in the fourth quarter of 2024 and
a comprehensive 2025 marketing plan have positioned the Company to
generate positive improvement in revenue generation and positive
cash flows from sales. These plans are contingent upon the actions
to be performed by the Company and these conditions have not been
met on or before December 31, 2024. Management believes despite
limited revenue generation and positive operating cash flows being
generated historically, adequate cash balances and working capital
are available to support ongoing operations for the next 12 months
and the Company will continue as a going concern as of December 31,
2024.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/2rd93dm7
About SOBR Safe, Inc.
SOBR Safe, Inc. provides non-invasive technology to quickly and
humanely identify the presence of alcohol in individuals. These
technologies are integrated within the Company's robust and
scalable data platform, which produces statistical and measurable
user and business data. The Company's mission is to save lives,
increase productivity, create significant economic benefits, and
positively impact behavior. To this end, SOBR Safe has developed
the scalable, patent-pending SOBRsafe software platform for
non-invasive alcohol detection and identity verification.
As of Dec. 31, 2024, the Company had $11,171,203 in total assets,
$1,368,882 in total liabilities, and a total stockholders' equity
of $9,802,321.
* * *
This concludes the Troubled Company Reporter's coverage of SOBR
Safe, Inc. until facts and circumstances, if any, emerge that
demonstrate financial or operational strain or difficulty at a
level sufficient to warrant renewed coverage.
SOLO REAL ESTATE: Case Summary & One Unsecured Creditor
-------------------------------------------------------
Debtor: Solo Real Estate LLC
301 N Country Club Rd.
Garland, TX 75040
Business Description: Solo Real Estate operates a commercial real
estate business based in Garland, Texas.
It owns a mixed-use warehouse and office
property at 301 N Country Club Rd.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Eastern District of Texas
Case No.: 25-41284
Debtor's Counsel: C. Daniel Herrin, Esq.
HERRIN LAW, PLLC
12001 N Central Expressway, Suite 920
Dallas TX 75243
Tel: (469) 607-8551
Email: ecf@herrinlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Juan Carlos Perez as managing member.
The Debtor has identified Enterprise Bank & Trust, located at
1281 N. Warson Rd., Saint Louis, MO 63132, as its sole unsecured
creditor, holding a claim of $1.5 million.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/QR5FS6A/Solo_Real_Estate_LLC__txebke-25-41284__0001.0.pdf?mcid=tGE4TAMA
SOUTHERN AUTO: Court Extends Cash Collateral Access to June 1
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of North
Carolina, New Bern Division, authorized Southern Auto Parts, Inc.
to use cash collateral for the period from May 1 to June 1.
The fifth interim order signed by Judge David Warren authorized the
company to use cash collateral to pay the operating expenses set
forth in its budget, with a 10% variance allowed.
The budget projects total operational expenses of $212,312.47 for
the interim period.
The creditors that assert an interest in the company's cash
collateral are General Parts Distribution, LLC, Carolina Small
Business Development Fund, House-Hasson Hardware Company,
First-Citizens Bank & Trust Company, and the U.S. Small Business
Administration.
As protection, the secured creditors were granted post-petition
lien and security interest in all property of Southern Auto Parts
with the same priority as their pre-bankruptcy lien and security
interest.
As additional protection, First-Citizens, the current holder of
several loans, will be granted a superpriority administrative
expense claim to the extent the use, sale, or lease of its
collateral results in a decrease in its interest therein.
The next hearing is set for May 29.
General Parts Distribution, LLC is represented by:
Kelly C. Hanley, Esq.
P.O. Box 1000
Raleigh, NC 27602
Telephone: (919) 981-4000
Facsimile: (919) 981-4300
khanley@williamsmullen.com
Carolina Small Business Development Fund is represented by:
James R. Vann, Esq.
Vann Attorneys, PLLC
3110 Edwards Mill Rd., Ste. 210
Raleigh, NC 27612
Telephone: (919) 510-8585
Facsimile: (919) 510-8570
jrvann@vannattorneys.com
House-Hasson Hardware Company is represented by:
Jason L. Rogers, Esq.
Hodges, Doughty & Carson, PLLC
P.O. Box 869
Knoxville, TN 37901-0869
Telephone: (865) 292-2307
jrogers@hdclaw.com
First-Citizens Bank & Trust Company is represented by:
Paul A. Fanning, Esq.
Ward and Smith, P.A.
P.O. Box 8088
Greenville, NC 27835-8088
Telephone: 252.215.4000
Facsimile: 252.215.4077
paf@wardandsmith.com
About Southern Auto Parts
Southern Auto Parts, Inc., formerly known as Trenton Auto Parts,
Inc., owns and operates an auto parts store in Trenton, N.C.
Southern Auto Parts filed Chapter 11 petition (Bankr. E.D.N.C. Case
No. 25-00294) on January 27, 2025, with $1 million to $10 million
in both assets and liabilities. Jared L. Beverage, president of
Southern Auto Parts, signed the petition.
Judge David M. Warren presides over the case.
Joseph Zachary Frost, Esq., at Buckmiller & Frost, PLLC is the
Debtor's legal counsel.
SOUTHWEST FT WORTH: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Southwest Ft Worth Memory Care, LLC got the green light from the
U.S. Bankruptcy Court for the Northern District of Texas, Fort
Worth Division, to use cash collateral to pay its operating
expenses.
The order penned by Judge Mark Mullin authorized the company's
interim use of cash collateral through May 29 in accordance with
its monthly budget.
The budget projects total operational expenses of $201,862.42 for
May.
PSF II Dutch Branch, LLC, a secured lender, asserts pre-bankruptcy
liens on substantially all of the company's assets, including cash
and accounts.
As protection, the lender was granted post-petition liens and
superpriority claims on the company's assets, excluding Chapter 5
causes of action and certain tax liens.
Meanwhile, Southwest was authorized to borrow up to $50,000 from
its manager, J&M Family Management, LLC, to cover early operating
shortfalls.
A final hearing is scheduled for May 29.
About Southwest Ft Worth Memory Care
Southwest Ft Worth Memory Care, LLC, doing business as Autumn
Leaves of Cityview, is a U.S. senior-living operator that
specializes exclusively in assisted-living and stand-alone
communities for residents with Alzheimer's disease and other forms
of dementia.
Headquartered in Grapevine, Texas, Southwest designs, owns or
manages purpose-built "Autumn Leaves" communities in Texas and
Illinois, offering 24-hour nursing, dementia-trained staff,
"Inspired Connections" life-engagement programs and on-site dining,
salon and rehab services.
Southwest sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Texas Case No. 25-41419) on April 23, 2025. In
its petition, the Debtor reported between $1 million and $10
million in assets and between $10 million and $50 million in
liabilities.
Judge Mark X. Mullin handles the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC is the
Debtor's legal counsel.
PSF II Dutch Branch, LLC, as secured lender, is represented by:
Kevin M. Lippman, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard Street, Suite 4000
Dallas, TX 75201-6659
Telephone: (214) 855-7565
Facsimile: (214) 978-5335
klippman@munsch.com
SPECTRUM GROUP: S&P Lowers ICR to 'SD' on Missed Interest Payment
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating to 'SD'
(selective default) from 'CCC' on Spectrum Group Buyer Inc. (dba
Pixelle Specialty Solutions). S&P also lowered its issue-level
rating on the first-lien term loan to 'D' from 'CCC'. S&P's 'CCC'
issue-level rating on the revolving credit facility is unchanged.
S&P lowered its ratings on Pixelle because it did not make the
April 30 interest payment due on its first-lien term loan. The
downgrade also incorporates Pixelle's agreement with its first-lien
lenders to extend the original five-day grace period to June 12.
Spectrum amended its senior secured credit agreement to, among
other things, extend the grace period for its April 30, 2025,
interest payment on its first-lien term loan, after it did not make
the April 30 payment.
The amendment allows the company to defer the interest payment
until June 12, 2025.
Pixelle entered a definitive agreement on April 3 to sell its
Stevens Point, Wis., mill to Ahlstrom Oyj. The amendment requires
the company use a majority of the proceeds to prepay $345 million
of its outstanding first-lien term loans and make the deferred
interest payment. S&P will reevaluate its ratings on Pixelle at the
earlier of the mill sale consummation or June 12, at which time the
new capital structure will be finalized, and S&P will be able to
assess the credit quality of the company.
SPICEY PARTNERS: Plan Exclusivity Period Extended to July 14
------------------------------------------------------------
Judge Christopher Lopez of the U.S. Bankruptcy Court for the
Southern District of Texas extended Spicey Partners Real Estate
Holdings, LLC and Cosmed Group, Inc.'s exclusive periods to file a
plan of reorganization and obtain acceptance thereof to July 14 and
September 10, 2025, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
these Chapter 11 Cases are complex because the companies operate in
a regulated industry, are facing hundreds of ethylene oxide ("EtO")
cancer-related lawsuits against the Debtors, and are implementing a
Sale Process. The Debtors obtained approval of a senior secured,
superpriority debtor-in-possession credit facility from Zimmer Inc.
(the "DIP Lender") for the provision of $7.5 million in new money,
which was essential to allowing the Debtors the ability to operate
in the early stages of these Chapter 11 Cases and avoid irreparable
harm to the Debtors' estates.
In addition, the instant Chapter 11 Cases are indisputably of the
size and complexity that Congress and courts have recognized
warrant extensions of the Exclusive Periods. The brief time that
has elapsed during these cases, and the progress the Debtors have
made to date, support the relief requested in this Motion.
Accordingly, the Debtors' size and the complexity of these Chapter
11 Cases, and the breadth of financial and legal issues involved
therein, warrant the requested extension of the Exclusive Periods.
The Debtors claim that formulating a viable chapter 11 plan that
will inure to the benefit of their estates, creditors, and
stakeholders, is primarily predicated on the results of the Sale
Process. Providing the Debtors with the time needed ensures that
decisions are not hastily made without the benefit of adequate
information, and that the considerable progress already achieved is
not thwarted. The Debtors submit that an extension of the Exclusive
Periods is necessary to permit the Debtors to progress such
important tasks without the threat of a competing chapter 11 plan,
and the distraction that could result therefrom.
Further, an extension of the Exclusive Periods will not prejudice
the Debtors' stakeholders. On the contrary, an extension of the
Exclusive Periods will enable the Debtors to continue their Sale
Process without the distraction of a competing chapter 11 plan,
which will form the foundation for constructive negotiations with
stakeholders over a chapter 11 plan and stakeholder recoveries.
The Debtors' Counsel:
David R. Eastlake, Esq.
Emily Nasir, Esq.
GREENBERG TRAURIG, LLP
1000 Louisiana Street, Suite 6700
Houston, Texas 77002
Tel: 713-374-3500
Email: David.Eastlake@gtlaw.com
Emily.Nasir@gtlaw.com
- and -
Nancy A. Peterman, Esq.
Danny Duerdoth, Esq.
GREENBERG TRAURIG, LLP
77 West Wacker Drive, Suite 3100
Chicago, Illinois 60601
Telephone: (312) 456-8400
Facsimile:(312) 456-8435
Emails: PetermanN@gtlaw.com
DuerdothD@gtlaw.com
- and -
Joseph P. Davis III, Esq.
GREENBERG TRAURIG, LLP
One International Place, Suite 2000
Boston, Massachusetts 02110
Telephone: (617) 310-6204
Facsimile: (617) 279-8403
Email: Davisjo@gtlaw.com
About Spicey Partners Real Estate Holdings
Spicey Partners Real Estate Holdings, LLC filed its voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
S.D. Tex. Case No. Case No. 24-90572) on Nov. 15, 2024, listing $10
million to $50 million in assets and $100 million to $500 million
in liabilities. The petitions were signed by David G. Howe as chief
operating officer.
Judge Christopher M Lopez presides over the case.
David Robert Eastlake, Esq. at Greenberg Traurig, LLP, is the
Debtor's counsel.
SPORTS INTERIORS: Court Extends Cash Collateral Access to May 31
----------------------------------------------------------------
Sports Interiors, Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral.
The order authorized the company's interim use of cash collateral
from May 1 to 31 to pay the expenses set forth in its budget, with
a 10% variance allowed.
The budget shows total expenses of $60,583 for the week starting
May 5; $22,304 for the week starting May 12; $61,604 for the week
starting May 19; $5,954 for the week starting May 26.
In return for the company's continued use of its cash collateral,
Bank Financial, National Association was granted security interests
in the company's post-petition assets to the same extent and with
the same priority as its pre-bankruptcy liens.
A final hearing is set for May 28.
About Sports Interiors Inc.
Sports Interiors, Inc. sells and installs liner system and metal
halide lighting system for indoor tennis facilities.
Sports Interiors filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-00297) on January
9, 2024, listing up to $1 million in assets and up to $10 million
in liabilities. Robert Handler of Commercial Recovery Associates,
LLC serves as Subchapter V trustee.
Judge Deborah L Thorne oversees the case.
The Debtor is represented by David K. Welch, Esq., at Burke,
Warren, Mackay & Serritella, P.C.
STAFFING 360: Seeks Chapter 11 After Failed Merger, Stock Delisting
-------------------------------------------------------------------
Bondoro reports that Staffing 360 Solutions, Inc., along with its
affiliated debtors, filed for Chapter 11 bankruptcy on May 5, 2025
in the U.S. Bankruptcy Court for the Eastern District of North
Carolina. Based in New York City, the company focuses on acquiring
and integrating established U.S.-based staffing firms across
sectors such as accounting and finance, IT, engineering,
administration, and light industrial.
The bankruptcy filing follows a series of recent challenges. On
February 26, 2025, a planned merger with Atlantic International
Corp. was called off, with Atlantic citing alleged material
breaches by Staffing 360. That same month, the company received a
delisting notice from the Nasdaq Stock Market for failing to meet
the minimum stockholders' equity requirement, according to
Bondoro.
In response to mounting financial pressure, Staffing 360 entered
into Amendment No. 39 to its credit agreement with MidCap Funding
IV Trust, extending the loan's maturity and aiming to ease
liquidity and covenant constraints, the report states.
The company disclosed $57.1 million in assets and $78 million in
liabilities. Court documents indicate that there will be funds
available for distribution to unsecured creditors. The case is
filed under number 25-01684.
About Staffing 360 Solutions Inc.
Staffing 360 Solutions Inc. focuses on acquiring and integrating
established U.S.-based staffing firms across sectors such as
accounting and finance, IT, engineering, administration, and light
industrial.
Staffing 360 Solutions Inc. and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No.
25-01684) on May 5, 2025. In its petition, the Debtor reports $57.1
million in assets and $78 million in liabilities.
The Debtor is represented by Rebecca Redwine Grow, Esq. at Hendren,
Redwine & Malone, PLLC.
STEWARD HEALTH: Seeks to Extend Plan Exclusivity to June 23
-----------------------------------------------------------
Steward Health Care System LLC and its debtor affiliates asked the
U.S. Bankruptcy Court for the Southern District of Texas to extend
their exclusivity periods to file a plan of reorganization and
obtain acceptance thereof to June 23 and August 25, 2025,
respectively.
The Debtors explain that they successfully formulated, and then
orchestrated, one of the most complex hospital system sales
processes with the support of their key stakeholders. The Debtors
have made substantial progress in their asset monetization efforts
and plan negotiations with the FILO Secured Parties and Creditors'
Committee, and the Debtors believe that such efforts will allow the
Debtors to file a plan that is supported by such parties in the
very near-term. On this basis alone, the requested extension of the
Exclusive Periods is warranted.
The Debtors continue to deal with large, complex issues as they
continue to pursue avenues to maximize value for their estates and
creditors, with such recent issues including (i) a complex sale to
Quorum that included the settlement of various multi-party
disputes, (ii) a complicated real estate transaction related to the
excess properties that resulted in approximately $40 million of
value to the Debtors' estates, (iii) litigation in multiple courts
to obtain access to approximately $62 million held in rabbi trusts,
and (iv) the pursuit of substantial estate causes of action.
The Debtors claim that the instant chapter 11 cases are
indisputably of the size and complexity that Congress and courts
have recognized warrant extensions of the Exclusive Periods as
requested. The modest time that has elapsed during these cases, and
the progress the Debtors have made to date, support the relief
requested in this Motion. Accordingly, the Debtors' size and the
complexity of these chapter 11 cases, and the breadth of financial
and legal issues involved therein, warrant the requested extension
of the Exclusive Periods.
The Debtors believe they will be able to file a plan supported by
both the FILO Secured Parties and the Creditors' Committee in the
near-term. The Debtors have been engaged in a productive mediation
process to attempt to reach terms that are in the best interest of
the Debtors' estates. There is no reason to subject the Debtors to
the burdens of a competing plan process when key stakeholders are
engaged in a constructive plan mediation process.
The Debtors' Counsel:
Clifford W. Carlson, Esq.
Gabriel A. Morgan, Esq.
Stephanie N. Morrison, Esq.
WEIL, GOTSHAL & MANGES LLP
700 Louisiana Street, Suite 3700
Houston, Texas 77002
Tel: (713) 546-5000
Fax: (713) 224-9511
Email: Gabriel.Morgan@weil.com
Clifford.Carlson@weil.com
Stephanie.Morrison@weil.com
- and -
Ray C. Schrock, Esq.
Candace M. Arthur, Esq.
David J. Cohen, Esq.
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Tel: (212) 310-8000
Fax: (212) 310-8007
Email: Ray.Schrock@weil.com
Candace.Arthur@weil.com
DavidJ.Cohen@weil.com
About Steward Health Care
Steward Health Care System, LLC, owns and operates the largest
private physician-owned for-profit healthcare network in the U.S.
Headquartered in Dallas, Texas, Steward's operations include 31
hospitals in eight states, approximately 400 facility locations,
4,500 primary and specialty care physicians, 3,600 staffed beds,
and nearly 30,000 employees. Steward Health Care provides care to
more than two million patients annually.
Steward and 166 affiliated debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90213) on May 6, 2024. Judge
Christopher M. Lopez oversees the proceeding.
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 has been appointed as patient care ombudsman in
the Debtors' Chapter 11 cases.
SUGARLOAF VENTURES: Trustee Taps Finestone Hayes as Legal Counsel
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Mark Sharf, the trustee appointed in the Chapter 11 case of
Sugarloaf Ventures, LP, seeks approval from the U.S. Bankruptcy
Court for the Northern District of California to employ Finestone
Hayes LLP as his counsel.
The firm's services include:
(a) advise and represent the trustee as to all matters and
proceedings within this Chapter 11 case, other than those
particular areas that may be assigned to special counsel;
(b) assist, advise and represent the trustee with respect to
his duties;
(c) if warranted, advise and assist the trustee in converting
the case to a proceeding under Chapter 7 of the Bankruptcy Code;
(d) assist, advise and represent the trustee regarding any
lawsuits or claims that are being prosecuted by or against the
estate;
(e) assist and advise the trustee in the investigation and
disposition, if appropriate, of assets of the estate;
(f) assist and advise the trustee regarding the investigation
and prosecution of potential avoidable transfers;
(g) advise the trustee with respect to a potential plan of
reorganization or other disposition of this bankruptcy case;
(h) objection to claims, if the trustee requests after his
review;
(i) general advice regarding duties in connection with
operating the Debtor and/or supervising the operations;
(j) determine the status of all leases and other executory
contracts; and
(k) employ other professionals as necessary.
The hourly rates of the firm's counsel and staff are as follows:
Stephen Finestone, Partner $670
Jennifer Hayes, Partner $670
Michael Coffino, Senior Counsel $635
Kim Fineman, Senior Counsel $525
Ryan Witthans, Partner $500
Johnson Lee, Contract Attorney $450
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Finestone 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:
Stephen D. Finestone, Esq.
Finestone Hayes LLP
456 Montgomery Street, Suite 1300
San Francisco, CA 94104
Telephone: (415) 421-2624
Facsimile: (415) 398-2820
Email: sfinestone@fhlawllp.com
About Sugarloaf Ventures LP
Sugarloaf Ventures LP is the parent company of Sugarloaf Wine Co.
Sugarloaf Ventures LP sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 24-10673) on November 1,
2024. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge William J. Lafferty handles the case.
The Debtor is represented by Steven M. Olson, Esq., at Bluestone
Faircloth & Olson, LLP.
Mark Sharf was appointed as trustee in this Chapter 11 case. He
tapped Finestone Hayes LLP as his counsel.
SUNATION ENERGY: Widens Net Loss to $15.8 Million in 2024
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SUNation Energy Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$15.8 million on $56.9 of sales for the year ended December 31,
2024, compared to a net loss of $8.1 million on $79.6 million of
sales for the year ended December 31, 2023.
Melville, N.Y.-based UHY 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's current
financial position and forecasted future cash flows for 12 months
beyond the date of issuance of the financial statements indicate
substantial doubt around the Company's ability to continue as a
going concern.
Based on the Company's current financial position, which includes
approximately $0.3 million of restricted cash, cash equivalents and
investments that are restricted under the CVR agreement and cannot
be used by the Company for its own working capital needs, and the
Company's forecasted future cash flows for 12 months beyond the
date of issuance of these financial statements, substantial doubt
exists around the Company's ability to continue as a going concern
for a reasonable period of time. The Company raised capital and
satisfied certain outstanding debt obligations subsequent to year
end, however there remains uncertainty related to its future cash
flows as it relies on the ability to generate enough cash flow from
its operating segments to cover the Company's corporate overhead
costs.
In order to continue as a going concern, the Company will need
additional capital resources. Management plans to raise capital
through sources that may include public or private equity
offerings, debt financings and/or strategic alliances. However,
management cannot provide any assurances that the Company will be
successful in accomplishing any of its plans.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/yc75spp2
About SUNation Energy
SUNation Energy Inc., formerly known as Pineapple Energy Inc., is
focused on growing leading local and regional solar, storage, and
energy services companies nationwide.
As of Dec. 31, 2024, the Company had $45.7 million in total assets,
$37.2 million in total liabilities, and a total stockholders'
equity of $8.5 million.
SUNOCO LP: S&P Affirms 'BB+' ICR On Announced Acquisition
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S&P Global Ratings affirmed all existing ratings on Sunoco L.P.,
including its 'BB+' issuer credit rating and 'BB+' issue-level
rating on its senior unsecured debt.
The stable rating outlook on Sunoco reflects our expectation that
the company will maintain leverage at 4.5x-4.8x post-closing of the
Parkland acquisition, before decreasing leverage to under 4.5x in
2027.
On May 5, 2025, Sunoco L.P. announced its intension to acquire
Parkland Corp. (Parkland) for $9.1 billion.
The transaction will include the assumption of $3.5 billion in
Parkland debt, with the remaining consideration funded through a
mix of debt and equity proceeds.
The acquisition will result in moderate leverage increase
post-close, and S&P expects Sunoco to maintain leverage in the
4.5x-4.8x range through 2026.
S&P said, "We believe the acquisition of Parkland strengthens
Sunoco's competitive position by expanding its geographic
footprint, diversifying its customer base, and enhancing its scale
in fuel distribution. The deal adds approximately 200 retail
locations and over 3,000 dealer sites, particularly in Canada, the
Pacific Northwest, upper Midwest, and the Caribbean. Parkland's
Burnaby Refinery asset in Vancouver, a complex refinery with about
55 thousand barrels per day in capacity, will bring more
diversification with the acquisition. Although we view refineries
as inherently more volatile, we expect earnings contributions to be
relatively small compared with Sunoco's refined product
distribution and midstream segments going forward. We highlight
that the company will have material refined product distribution
assets with the acquisition, with over 10,000 retail and dealer
locations in its footprint. We anticipate the combined company's
EBITDA will be about $3.35 billion-$3.70 billion for fiscal
2026-2027, positioning Sunoco as one of the largest
speculative-grade rated companies in our portfolio.
"We project Sunoco's S&P Global Ratings-adjusted leverage will
remain 4.5x-4.8x after the acquisition closes through 2026, before
decreasing to under 4.5x in the second half of 2027. Our forecast
for fiscal 2026 incorporates a full-year contribution from Parkland
operations and reflects our assumptions regarding the
post-transaction capital structure." Sunoco will assume all of
Parkland's outstanding net debt, which amounts to approximately
$3.5 billion. It will finance the remaining portion of the $9.1
billion purchase consideration through $3.0 billion in equity
proceeds and $2.6 billion in debt and preferred equity.
Initially, the acquisition will moderately increase Sunoco's
leverage due to the cost of acquiring Parkland's outstanding units.
Parkland concluded 2024 with S&P Global Ratings-adjusted leverage
of 4.7x, following a 17% year-over-year decline in EBITDA,
attributed to narrowed crack spreads in its refining segment.
However, crack spreads have since widened, and we anticipate a
return to more normalized mid-cycle performance in this segment in
2025, with projected EBITDA in the $1.2 billion to $1.4 billion
range. S&P said, "We expect the $2.6 billion in debt and preferred
equity proceeds for the acquisition to be issued on terms that
maintain leverage balance. Consequently, we believe Sunoco will
deleverage relatively quickly as Parkland operations integrate and
as $250 million in run-rate synergies are realized, resulting in
S&P Global Ratings-adjusted EBITDA expanding between $3.45 billion
and $3.75 billion through 2027."
Sunoco aims to return to its target leverage ratio of 4x within 12
to 18 months post-close. Our leverage calculation differs from the
company's due to specific adjustments outlined in our criteria,
including the addition of debt for asset retirement obligations and
reported lease liabilities totaling approximately $1.5 billion.
This adjustment increases our leverage calculation by 0.5x compared
with the company's calculation. As a result, while Sunoco may
successfully reduce its leverage to 4x according to its own
metrics, our assessment would indicate a leverage level in the
mid-4.0x area.
The stable outlook reflects S&P's expectation that Sunoco will
issue debt and preferred equity for the acquisition in a balanced
manner, maintain pro forma S&P Global Ratings-adjusted leverage at
4.5x-4.8x post-closing of the acquisition, deleveraging to under
4.5x in the second half of 2026 as it successfully integrates
Parkland's operations and captures synergies while pursuing organic
growth.
S&P said, "We could lower the rating on Sunoco if its S&P Global
Ratings-adjusted leverage approaches 5x. This could occur if the
company adopts a more aggressive financial policy that prioritizes
debt-funded shareholder returns or performance weakens
meaningfully, leading to a sustained EBITDA decline.
"We could take a positive rating action on Sunoco if we expect the
company will maintain S&P Global Ratings-adjusted leverage at about
4x. Furthermore, the company would need to have a clear financial
policy supporting leverage sustained at this level."
SUNSHINE HOLDINGS: Hires Goldberg Weprin Finkel as Counsel
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Sunshine Holdings 2019 LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Goldberg
Weprin Finkel Goldstein LLP to handle its Chapter 11 case.
The firm will render these services:
a. provide the Debtor with all necessary representation in
connection with this Chapter 11 case, as well as the Debtor's
responsibilities as a debtor-in-possession;
b. represent the Debtor in all proceedings before the U.S.
Bankruptcy Court and the Office of the U.S. Trustee;
c. review, prepare and file all necessary legal papers,
applications, motions, objections, adversary proceedings,
pleadings, and reports a required in the Chapter 11; and
d. provide all other legal services required with respect to
selling the Property and achieving confirmation of a liquidating
plan of reorganization.
The firm will be paid at these rates:
Partner $605 to $785 per hour
Associate $80 to $120 per hour
The firm received a $10,000 retainer fee from Rover 2014 LLC, which
is owned and controlled by the Debtor's principal, Steven
Werdiger.
J. Ted Donovan, Esq., a member at Goldberg Weprin Finkel Goldstein,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
J. Ted Donovan, Esq.
Goldberg Weprin Finkel Goldstein LLP
125 Park Ave., Floor 12
New York, NY 10017
Tel: (212) 221-5700
About Sunshine Holdings 2019 LLC
Sunshine Holdings 2019 LLC is engaged in activities related to real
estate.
The Debtor sought Chapter 11 protection (Bankr. E.D. N.Y. Case No.
24-44762) on November 14, 2024, listing estimated assets of $1
million to $10 million and estimated liabilities of $10 million to
$50 million. The petition was signed by David Goldwasser as VP of
restructuring.
Judge Elizabeth S. Stong presides over the case.
Kevin Nash, Esq., at GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP,
represent the Debtor as legal counsel.
SUNSHINE HOLDINGS: Hires Mr. Goldwasser of FIA Capital as CRO
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Sunshine Holdings 2019 LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ FIA Capital
Partners, LLC and designate David Goldwasser as chief restructuring
officer.
The firm will provide these services:
a. assist with administering the Debtor's Chapter 11 case;
b. oversee the preparation of all Chapter 11 reporting,
including monthly operating reports and budgets;
c. pursue negotiations with the Lender and Lender's
representative with respect to cash collateral, the sale of the
Property and amount of the Lender's claim; and
d. assist with formulation of a plan of reorganization.
The firm will be paid at these rates:
a. The Debtor will pay the firm an up-front retainer of
$25,000.
b. Beginning the second month after the filing of the bankruptcy
petitions, a monthly fee of P5,000 will be billed to the Debtor;
c. A per diem fee for travel to court in the amount of $2,500,
plus travel expenses.
The firm received a 10,000 retainer from Park Realty LLC.
Mr. Goldwasser disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David Goldwasser
FIA Capital Partners, LLC
25 Front Street, 2nd Floor
Brooklyn, NY 11201
Email: dgoldwasser@fiacp.com
About Sunshine Holdings 2019 LLC
Sunshine Holdings 2019 LLC is engaged in activities related to real
estate.
The Debtor sought Chapter 11 protection (Bankr. E.D. N.Y. Case No.
24-44762) on November 14, 2024, listing estimated assets of $1
million to $10 million and estimated liabilities of $10 million to
$50 million. The petition was signed by David Goldwasser as VP of
restructuring.
Judge Elizabeth S. Stong presides over the case.
Kevin Nash, Esq., at GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP,
represent the Debtor as legal counsel.
SYNTHEGO CORP: May 13 Deadline Set for Panel Questionnaires
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The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of Synthego
Corporation.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/ye26ypv9 and return it by email to
Megan Seliber – Megan.Seliber@usdoj/gov no later than Tuesday,
May 13, 2025 at 4:00 p.m.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About 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 reported 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. Raymond James & Associates, Inc. is the
Debtor’s investment banker, Fenwick & West LLP is the corporate
counsel.
SYSOREX GOVERNMENT: Amends Motion Seeking to Sell IT Biz at Auction
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Sysorex Government Services, Inc., seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York, to amend
motion to sell IT Business at Auction, free and clear of liens,
interests, and encumbrances.
The Debtor provides information technology solutions primarily to
federal, state and local governments. These solutions include
cybersecurity, professional services, engineering support, IT
consulting, enterprise level technology, networking, wireless, help
desk and custom IT solutions.
The Debtor changes the Bid Deadline schedule from May 27, 2025 at
5:00 p.m. EST to June 17, 2025 at 5:00 p.m. EST.
The Auction schedule from May 29, 2025 at 10:00 a.m. EST to June
23, 2025 at 10:00 a.m. EST, to be held at the offices of Cullen
and Dykman LLP, One Battery Park Plaza, 34th Fl., New York, NY
10004.
The deadline to file results of Auction from May 30, 2025 at 4:00
p.m. EST to June 25, 2025 at 4:00 p.m. EST.
The Sale Objection Deadline from May 31, 2025 at 12:00 p.m. EST to
objections will be filed so as to be received no later than 4:00 pm
(EST) seven days prior to the Sale Hearing.
The Sale hearing on the first available hearing date the week of
June 30 or as soon thereafter as is convenient for the Court.
About Sysorex Government Services, Inc.
Sysorex Government Services, Inc. provides information technology
solutions primarily to federal, state and local governments. Its
solutions include cybersecurity, professional services, engineering
support, IT consulting, enterprise level technology, networking,
wireless, help desk and custom IT solutions. Since its founding,
SGS has served its customers by offering products and services from
key industry vendors such as Aruba, Cisco, Dell, GETAC, Microsoft,
Panasonic, Samsung, TidalWave, ShawnTech, Tek84 and others. The
Debtor provides its customers with comprehensive solutions
incorporating leading products and services across a variety of
technology practices and platforms such as cyber, cloud,
networking, security, and mobility. SGS utilizes its professional
services, consulting services and partners to develop and implement
these solutions. SGS' sales and marketing efforts in collaboration
with its vendor partners allow it to reach multiple public sector
customer segments in federal, state and local
governments, as well as educational institutions.
Sysorex Government Services sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. N.Y. Case No. 25-10920 (JPM) on
May 5, 2025.
Judge John P Mastando III presides over the case.
Michelle McMahon, Kyriaki Christodoulou, and Ralph E Preite of
Cullen And Dykman LLP represent the Debtor as legal counsel.
SYSOREX GOVERNMENT: Case Summary & 26 Largest Unsecured Creditors
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Debtor: Sysorex Government Services, Inc.
Inpixon Federal
Integrio Technologies
13880 Dulles Corner Lane
Suite 120
Herndon, VA 20171
Business Description: Sysorex Government Services, Inc. provides
IT solutions to federal, state, and local
governments in the United States. Its
offerings span cybersecurity, engineering
support, consulting, and enterprise
technology services, often in partnership
with major vendors such as Cisco, Microsoft,
and Dell. The Company delivers integrated
solutions across areas including cloud,
networking, security, and mobility.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-10920
Judge: Hon. John P Mastando III
Debtor's Counsel: Ralph Preite, Esq.
CULLEN AND DYKMAN LLP
333 Earle Ovington Blvd.
Uniondale NY 11553
M: 212-380-3878
O: 516-357-3700
Email: rpreite@cullenllp.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
A. Zaman Khan, in his role as president, affixed his signature to
the petition.
A copy of the Debtor's list of 26 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/S6JFI3A/Sysorex_Government_Services_Inc__nysbke-25-10920__0004.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KREXYDQ/Sysorex_Government_Services_Inc__nysbke-25-10920__0001.0.pdf?mcid=tGE4TAMA
TALKING ROCK: Hires Himmelstein & Adkins as Special Counsel
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Talking Rock Land LLC seeks approval from the U.S. Bankruptcy Court
for the District of Arizona to hire Himmelstein & Adkins, LLC as
special counsel.
The firm will assist the Debtor and its lead bankruptcy counsel in
addressing the claims of certain litigants arising out of
prepetition civil proceedings regarding Adversary No.
3:25-ap-00137-DPC.
Himmelstein & Adkins will charge for its professional services at
its normal hourly rates.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Todd M. Adkins, Esq., a partner at employ Himmelstein & Adkins,
LLC, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Todd M. Adkins, Esq.
Himmelstein & Adkins, LLC
6720 N Scottsdale Rd #261
Scottsdale, AZ 85253
Tel: (480) 922-3933
About Talking Rock Land LLC
Talking Rock Land LLC develops and manages Talking Rock, a private
residential community in Prescott, Arizona. The development
includes luxury homes, a golf course, and club amenities.
Talking Rock Land LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-03438) on April 18,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Daniel P. Collins handles the case.
The Debtor is represented by Scott B. Cohen, Esq. at ENGELMAN
BERGER PC.
TELESCOPE PROPERTIES: Hires Sandlot Homes as Real Estate Broker
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Telescope Properties, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Michigan to employ Sandlot Homes
as real estate broker.
The firm will list and market the Debtor's property located at
16708 Chaplin Avenue, Encino CA 91436.
The firm will be paid a commission of 2.5 percent of the sales
price.
Amanda Lockwood 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:
Amanda Lockwood
Sandlot Homes
17328 Ventura Blvd, #201
Encino, CA 91316
Tel: (818) 457-4847
About Telescope Properties, LLC
The Debtor is a Single Asset Real Estate (as defined in 11 U.S.C.
Section 101(51B)).
Telescope Properties, LLC in Flint, MI, filed its voluntary
petition for Chapter 11 protection (Bankr. E.D. Mich. Case No.
24-30425) on March 6, 2024, listing $1 million to $10 million in
assets and $500,000 to $1 million in liabilities. Shabi Jafri as
principal, signed the petition.
Judge Joel D. Applebaum oversees the case.
Robert N. Bassel, Esq. serve as the Debtor's legal counsel.
TEXAS AUTO: Seeks to Hire Hayward PLLC as Bankruptcy Counsel
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Texas Auto and Truck Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to hire Hayward PLLC as
counsel.
The firm will render these services:
a. give the Debtors legal advice with respect to its powers
and duties as Debtors as Debtors-in-Possession in the continued
operation of their business and management of their property;
b. advise the Debtors of their responsibilities under the
Bankruptcy Code and assist with such;
c. prepare and file the voluntary petitions and other
paperwork necessary to commence these proceedings;
d. assist the Debtors in preparing and filing the required
Schedules, Statement of Affairs, Monthly Financial Reports, and any
amendments thereto;
e. assist the Debtors in preparing the Initial Debtors Reports
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;
f. represent the Debtors 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 Debtors;
g. represent the Debtors in the negotiation and documentation
of any sales or refinancing of property of the estates, and in
obtaining the necessary approvals of such sales or refinancing by
this Court; and
h. assist the Debtors in the formulation of a joint 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 joint plan of reorganization.
The firm will be paid at these rates:
Todd Headden $425
Other Attorneys $300 to $550
Paralegals $150 to $215
Legal Assistants $95
Hayward received $22,502.50 as in retainer fees.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Todd Headden, Esq., a partner at Hayward 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:
Todd Headden, Esq.
Hayward PLLC
7600 Burnet Road, Suite 530
Austin, TX 78757
Tel: (737) 881-7104
Email: theadden@haywardfirm.com
About Texas Auto and Truck Inc.
Texas Auto and Truck Inc., operating as Griffin Motors, is a
pre-owned vehicle and RV dealership based in Lockhart, Texas,
offering a wide range of inspected, quality vehicles.
Texas Auto and Truck Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Texas Case No.
25-10509) on April 11, 2025. In its petition, the Debtor reports
total assets of $4,113,631 and total liabilities of $2,651,915.
The Debtor is represented by Todd Headden, Esq. at Hayward, PLLC.
TINY FROG: Bankruptcy Administrator Unable to Appoint Committee
---------------------------------------------------------------
The U.S. Bankruptcy Administrator for the Eastern District of North
Carolina disclosed in a filing that no official committee of
unsecured creditors has been appointed in the Chapter 11 case of
Tiny Frog, Inc.
About Tiny Frog Inc.
Tiny Frog, Inc. operates multiple franchise locations of Hwy 55
Burger Shakes & Fries, a fast-casual dining chain specializing in
burgers, shakes, and fries, under franchise agreements with The
Little Mint, Inc.
Tiny Frog filed Chapter 11 petition (Bankr. E.D. N.C. Case No.
25-01081) on March 25, 2025, listing up to $50,000 in assets and up
to $10 million in liabilities. Alexis Ramos, president of Tiny
Frog, signed the petition.
Judge Joseph N. Callaway oversees the case.
David F. Mills, Esq., at Narron Wenzel, P.A., represents the Debtor
as legal counsel.
TOG HOTELS: Hires Cantey Hanger LLP as Bankruptcy Counsel
---------------------------------------------------------
TOG Hotels Downtown Dallas LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Texas to employ
Cantey Hanger LLP as bankruptcy counsel.
The firm will provide these services:
(a) take all necessary action to protect and preserve the
Debtor's estate;
(b) prepare legal papers in connection with the administration
and prosecution of the Debtor's Chapter 11 case; and
(c) perform all other legal services in connection with the
Chapter 11 case that are reasonable or necessary to satisfy the
obligations and duties required of a Chapter 11 debtor.
The firm will be paid at these rates:
M. Jermaine Watson, Bankruptcy Partner $695 per hour
Tiereney Bowman, Associate $340 per hour
Emily Campbell, Associate $325 per hour
George Villa, Bankruptcy Paralegal $225 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $20,000 from the Debtor.
Ms. Watson 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:
M. Jermaine Watson, Esq.
Cantey Hanger LLP
600 West 6th Street, Suite 300
Tel: (817) 877-2800
Fax: (817) 333-2961
Email: jwatson@canteyhanger.com
About TOG Hotels Downtown Dallas LLC
TOG Hotels Downtown, LLC operates the Crowne Plaza Dallas Downtown
hotel, located at 1015 Elm Street in Dallas, Texas.
TOG Hotels Downtown filed Chapter 11 petition (Bankr. N.D. Texas
Case No. 25-30600) on February 20, 2025. In its petition, the
Debtor reported between $10 million and $50 million in both assets
and liabilities.
Judge Scott W. Everett handles the case.
The Debtor is represented by:
Joyce W. Lindauer, Esq.
Joyce W. Lindauer Attorney, PLLC
Tel: (972) 503-4033
Email: joyce@joycelindauer.com
TOUCHDOWN ACQUIRER: S&P Rates New EUR250MM Term Loan B 'B'
----------------------------------------------------------
S&P Global Ratings assigned its 'B' issue rating to Touchdown
Acquirer Inc.'s new EUR250 million ($287 million) senior secured
first-lien term loan B, due February 2031. The facility is under
Touchdown Acquirer's existing credit agreement, and S&P anticipates
that the transaction will raise the company's leverage, as adjusted
by S&P Global Ratings, to 5.5x-6.0x in 2025, from the 4.5x-5.0x S&P
previously expected for the same period. Touchdown Acquirer
(B/Stable/--)--the holding company of TenCate, a global player in
the artificial turf industry--will use the proceeds from this loan
to finance an acquisition. S&P thinks there is enough headroom at
the current rating level to absorb this transaction.
Touchdown Acquirer intends to purchase a European provider of
artificial grass systems for $363 million, covering the remaining
costs with approximately $93 million in rollover equity from the
acquired company. The acquisition will strengthen Touchdown
Acquirer's presence across Europe, Africa, Asia-Pacific, and South
America, and it aligns with the company's strategy to enhance
vertical integration, expand its geographical footprint, and
leverage cost synergies across procurement and SG&A.
S&P said, "We continue to anticipate Touchdown Acquirer's
performance will remain resilient in 2025. The company's
preliminary 2024 results show a stable S&P Global Ratings-adjusted
EBITDA margin of about 12.7%, translating into S&P Global
Ratings-adjusted debt to EBITDA of 6.3x. In our view, a
well-executed vertical integration strategy and favorable demand
for new sustainable products should support the company's
resilience, despite an uncertain macroeconomic environment.
Considering these factors alongside the pending transaction leads
us to project adjusted debt to EBITDA of 5.5x-6.0x in 2025. We
think the company's performance will be further underpinned by
healthy revenue growth, synergies, and operational improvements,
giving way to gradually expanding adjusted EBITDA margins, reaching
13.5%-14.0% in 2025, and adjusted free operating cash flow (FOCF)
of EUR90 million-EUR100 million. We base our assumptions on a sound
management team and leaders' track record of successfully
integrating past acquisitions.
"TenCate has a strong manufacturing presence in the U.S., which, in
our view, makes the company minimally exposed to potential effects
from U.S. tariffs. As of 2024, TenCate generates roughly 80% of its
revenue in its U.S. sports segment, while only about 5% of the
costs associated with its U.S. sales stem from directly imported
products. TenCate's primary business in the U.S. is the
manufacturing and installation of artificial turf for public sports
facilities, such as school and college fields. The primary funding
for these projects typically comes from property tax-backed bonds,
unallocated school budgets, and other dedicated funding sources
that are generally less influenced by consumer sentiment and
macroeconomic uncertainty."
TREE LANE: Seeks to Extend Plan Exclusivity to October 23
---------------------------------------------------------
Tree Lane LLC asked the U.S. Bankruptcy Court for the Central
District of California to extend its exclusivity periods to file a
plan of reorganization and obtain acceptance thereof to October 23
and December 23, 2025, respectively.
The Debtor filed this Chapter 11 on April 25, 2024, and the Debtor
has been working diligently to move it forward. Since the Petition,
the Debtor has worked diligently toward reorganization and has
reached a settlement with its largest creditor, Skylark.
The Settlement Agreement provides the blueprint for reorganizing as
it provides for the marketing and selling of the Property and
resolves the claims of the largest secured creditor. Since entering
into the Settlement Agreement, the Debtor has experienced
complications and delays in selling the Property due to the
improper lot line adjustments instigated by Vella which among other
things transferred the 1.39 Acre Parcel from the Debtor to Vella.
The Debtor asserts that it is not seeking an extension to pressure
creditors to accede to its reorganization proposals. Rather, the
additional time requested is necessary to ensure that the Debtor is
able to present a comprehensive and feasible plan of
reorganization.
The Debtor further asserts that it is moving forward as quickly as
possible to put forth its plan of reorganization and has
demonstrated a willingness to work with creditors and interested
parties to reach a consensual plan of reorganization. Until such
time as the Property is the subject of a sale motion, it is not in
the best interest of the Debtor and its creditors to spend limited
resources preparing a plan of reorganization.
Tree Lane LLC is represented by:
Robyn B. Sokol, Esq.
Sandford L. Frey, Esq.
Leech Tishman Fuscaldo & Lampl, Inc.
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Tel: (626) 796-4000
About Tree Lane
Tree Lane LLC, filed a Chapter 11 bankruptcy petition (Bankr. C.D.
Cal. Case No. 24-13201) on April 25, 2024. The Debtor hired Leech
Tishman Fuscaldo & Lampl, Inc., as counsel.
TUPPERWARE BRANDS: Ch. 11 Post-Sale of Food Storage Container Ok'd
------------------------------------------------------------------
Vince Sullivan of Law360 reports that on Wednesday, May 7, 2025,
storage container maker Tupperware Brands Corp. gained court
approval in Delaware without any objections, representing a major
turnaround from the turbulence that marked the beginning of the
case.
About Tupperware Brands
Tupperware Brands Corporation (NYSE: TUP)
--https://www.tupperwarebrands.com/ -- is a global consumer
products company that designs innovative, functional, and
environmentally responsible products. Founded in 1946, Tupperware's
signature container created the modern food storage category that
revolutionized the way the world stores, serves, and prepares food.
Today, this iconic brand has more than 8,500 functional design and
utility patents for solution-oriented kitchen and home products.
The company distributes its products into nearly 70 countries,
primarily through independent representatives around the world.
Tupperware Brands sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 24-12166) on Sept. 17,
2024. In the bankruptcy petition, Tupperware reported more than
$1.2 billion in total debts and $679.5 million in total assets.
Kirkland & Ellis LLP is serving as legal advisor to Tupperware,
Moelis & Company LLC is serving as the Company's investment banker,
and Alvarez & Marsal is serving as the Company's financial and
restructuring advisor. Epiq is the claims agent and has put up the
page https://dm.epiq11.com/Tupperware.
TUPPERWARE BRANDS: Committee Taps Herrick Feinstein as Counsel
--------------------------------------------------------------
The official committee of retirees of Tupperware Brands Corporation
and its affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Herrick, Feinstein LLP as
its counsel.
The firm's services include:
(a) providing advice and representation concerning any
proposed modification or termination of the Retirees' retiree
benefits as described in section 1114(a) of the Bankruptcy Code, as
applicable (collectively, the "Benefits");
(b) negotiating with the Debtors' representatives and any
other parties to these Cases concerning the Benefits and any
matters that may affect the Benefits;
(c) representing the Retiree Committee in any proceedings and
hearings and any mediation sessions that involve or might involve
matters pertaining to the Benefits;
(d) preparing on behalf of the Retiree Committee any necessary
adversary complaints, motions, applications, objections, orders and
other legal papers relating to such matters;
(e) advising the Retiree Committee of its powers and duties;
and
(f) performing such other legal services as may be necessary
and appropriate for the efficient and economical resolution of the
Retiree Committee's interests in these Cases.
Herrick's 2025 rates are:
Partners $760 to $1,600 per hour
Counsel/Of Counsel $650 to $1,440 per hour
Associates $580 to $810 per hour
Paralegals $375 to $550 per hour
Robert Gordon, Esq., a partner at Herrick Feinstein, disclosed in a
court filing that the firm is a "disinterested person" as defined
in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Robert Gordon, Esq.
Herrick Feinstein LLP
Two Park Avenue
New York, NY 10016
Telephone: (212) 592-1400
Email: sselbst@herrick.com
About Tupperware Brands
Tupperware Brands Corporation (NYSE: TUP)
--https://www.tupperwarebrands.com/ -- is a global consumer
products company that designs innovative, functional, and
environmentally responsible products. Founded in 1946, Tupperware's
signature container created the modern food storage category that
revolutionized the way the world stores, serves, and prepares food.
Today, this iconic brand has more than 8,500 functional design and
utility patents for solution-oriented kitchen and home products.
The company distributes its products into nearly 70 countries,
primarily through independent representatives around the world.
Tupperware Brands sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 24-12166) on Sept. 17,
2024. In the bankruptcy petition, Tupperware reported more than
$1.2 billion in total debts and $679.5 million in total assets.
Kirkland & Ellis LLP is serving as legal advisor to Tupperware,
Moelis & Company LLC is serving as the Company's investment banker,
and Alvarez & Marsal is serving as the Company's financial and
restructuring advisor. Epiq is the claims agent and has put up the
page https://dm.epiq11.com/Tupperware.
TUPPERWARE BRANDS: Committee Taps Polsinelli PC as Co-Counsel
-------------------------------------------------------------
The official committee of retirees of Tupperware Brands Corporation
and its affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Polsinelli PC as its
co-counsel.
The firm's services include:
a. in conjunction with Herrick, providing legal advice
regarding the powers and duties available to the Retiree Committee,
an official committee appointed under section 1102 of the
Bankruptcy Code;
b. assisting Herrick in the investigation of the acts,
conduct, assets, liabilities and financial condition of the
Debtors, the operation of the Debtors' business, and any other
matter relevant to the Chapter 11 Cases or to the development of a
viable plan or plans of reorganization or liquidation;
c. assisting Herrick in preparing on behalf of the Retiree
Committee necessary applications, motions, complaints, answers,
orders, agreements and other legal papers;
d. reviewing, analyzing and assisting Herrick in responding to
all pleadings filed by the Debtors or other parties-in-interest and
appearing in Court to present necessary motions, applications and
pleadings and to otherwise protect the interest of the Retiree
Committee;
e. consulting with the Debtors and their professionals, other
parties-in-interest and their professionals, and the United States
Trustee concerning the administration of the Debtors' estates;
f. representing the Retiree Committee in hearings and other
judicial proceedings;
g. advising the Retiree Committee on practice and procedure in
the Court and regarding the Local Rules and local practice; and
h. performing all other legal services for the Retiree
Committee in these Chapter 11 Cases.
The firm will be paid at these rates:
Shareholders $1,050 to $1,340 per hour
Counsel/Of Counsel $675 to $745 per hour
Paralegals $405 to $540 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Polsinelli responds to the following questions in the UST
Guidelines in compliance with paragraph D, section 1 as follows:
a. Question: Did you agree to any variations from, or
alternatives to, your standard or customary billing arrangements
for this engagement?
Response: Polsinelli has not agreed to any variation from its
customary billing arrangements.
b. Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: Polsinelli's professionals included in this
engagement have not varied their rate based on the geographic
location of the Chapter 11 Cases.
c. Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Response: Polsinelli did not represent the Retiree Committee
prior to March 19, 2025.
d. Question: Has your client approved your prospective budget
and staffing plan, and, if so, for what budget period?
Response: Polsinelli and Herrick are developing a full
prospective budget and staffing plan for the Chapter 11 Cases and
intend to share them with the Committee for approval shortly.
Christopher Ward, Esq., partner at Polsinelli PC, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Christopher A. Ward, Esq.
Polsinelli PC
222 Delaware Avenue, Suite 1101
Wilmington, DE 19801
Telephone: (302) 252-0920
Facsimile: (302) 252-0921
Email: cward@polsinelli.com
About Tupperware Brands
Tupperware Brands Corporation (NYSE: TUP)
--https://www.tupperwarebrands.com/ -- is a global consumer
products company that designs innovative, functional, and
environmentally responsible products. Founded in 1946, Tupperware's
signature container created the modern food storage category that
revolutionized the way the world stores, serves, and prepares food.
Today, this iconic brand has more than 8,500 functional design and
utility patents for solution-oriented kitchen and home products.
The company distributes its products into nearly 70 countries,
primarily through independent representatives around the world.
Tupperware Brands sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 24-12166) on Sept. 17,
2024. In the bankruptcy petition, Tupperware reported more than
$1.2 billion in total debts and $679.5 million in total assets.
Kirkland & Ellis LLP is serving as legal advisor to Tupperware,
Moelis & Company LLC is serving as the Company's investment banker,
and Alvarez & Marsal is serving as the Company's financial and
restructuring advisor. Epiq is the claims agent and has put up the
page https://dm.epiq11.com/Tupperware.
UNITED FIBER: Plan Exclusivity Period Extended to May 27
--------------------------------------------------------
Judge Scott H. Yun of the U.S. Bankruptcy Court for the Central
District of California extended United Fiber Comm. Inc.'s exclusive
periods to file a plan of reorganization and obtain acceptance
thereof to May 27 and July 26, 2025, respectively.
As shared by Troubled Company Reporter, the Debtor has made
progress in this case by negotiating successfully with a holder of
pre-petition accounts receivable that was in excess of $700,000 and
obtaining turnover of the same.
Additionally, the Debtor has made progress in generating new
receivables, which has been its primary focus post-petition since
the success of the Debtor's reorganization hinges first and
foremost on the rebounding of its business. Debtor is working
toward a solution with Vox. Debtor is hopeful that a reasonable
solution may be reached with this creditor, as the outcome of this
dispute will dictate the distributions to creditors in junior
classes.
The Debtor explains that it is facing two disputes presently that
were not anticipated at the outset of this case. First, Mr.
Keyner's assertion of entitlement to $14 million based on an
alleged purchase of the Debtor's shares has been an unexpected
development, the outcome of which may dictate various facets of the
plan including the distributions to unsecured creditors, among
other things. Additionally, Mr. Keyner is seeking relief from stay
to pursue this litigation at a time when the Debtor is focused on
reorganization and increasing revenues.
Moreover, the other dispute the Debtor is working to resolve is the
collection of matured accounts receivable from Cox. Cox owes the
Debtor approximately $838,250.93 in matured accounts receivable
from the pre- and post-petition periods and is refusing to turnover
these funds based on allegations of a setoff defense. Due to the
recalcitrance of Cox, and after the Debtor has exhausted its
efforts in obtaining turnover without the need for Court
intervention, it appears litigation is necessary. Debtor is
preparing its complaint for turnover against Cox.
United Fiber Comm. Inc. is represented by:
Robert P. Goe, Esq.
Goe Forsythe & Hodges LLP
17701 Cowen, Lobby D, Suite 210
Irvine, CA 92614
Telephone: (949) 796-2460
Facsimile: (949) 955-9437
Email: rgoe@goeforlaw.com
About United Fiber Comm.
United Fiber Comm., Inc., is a telecommunications contractor in
California, with offices in Goleta, Corona, and Vista.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 24-16470) on October 29,
2024, with $1,663,379 in assets and $8,172,909 in liabilities.
Raymond Martinez, chief executive officer, signed the petition.
Judge Scott H. Yun oversees the case.
The Debtor is represented by Robert P. Goe, Esq., at Goe Forsythe &
Hodges, LLP.
UNITED HAULING: Seeks to Hire Kahn & Ahart as Bankruptcy Counsel
----------------------------------------------------------------
United Hauling, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Arizona to employ Kahn & Ahart, PLLC as its
counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties in
the continued operation of its business and management of its
property;
(b) prepare necessary legal papers; and
(c) perform all other legal services for the Debtor which may
be necessary.
The firm will be paid at these hourly rates:
James Kahn, Attorney $495
Krystal Ahart, Attorney $395
Paralegal $195
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Kahn 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:
James F. Kahn, Esq.
Kahn & Ahart, PLLC
301 E. Bethany Home Rd., Suite C-195
Phoenix, AZ 85012
Telephone: (602) 266-1717
Facsimile: (602) 266-2484
Email: James.Kahn@azvk.biz
About United Hauling
United Hauling LLC, based in Cave Creek, AZ, specializes in
providing horse transportation services. Founded in 2017, the
Company offers both local and long-distance hauling options,
utilizing specialized trailers designed to ensure the safety and
comfort of horses during transit.
United Hauling 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 reports total assets of
$1,498,601 and total liabilities of $1,010,614.
Judge Daniel P. Collins oversees the case.
James F. Kahn, Esq., at Kahn & Ahart, PLLC serves as the Debtor's
counsel.
VENUS CONCEPT: Intracoastal Capital, 2 Others Hold 2.6% Stake
-------------------------------------------------------------
Intracoastal Capital, LLC, Mitchell P. Kopin, and Daniel B. Asher
disclosed in a Schedule 13G filed with the U.S. Securities and
Exchange Commission that as of April 9, 2025, they beneficially
owned 37,776 shares of Venus Concept Inc.'s common stock,
representing approximately 2.6% of the outstanding shares, based on
1,037,703 shares of common stock outstanding as of April 11, 2025.
The shares are held jointly by the reporting persons, and they have
shared voting and dispositive power over these shares.
Intracoastal Capital LLC can be reached through:
Mitchell P. Kopin, Manager
245 Palm Trail
Delray Beach
Florida 33483
Tel: 8475629030
A full-text copy of Intracoastal Capital's SEC report is available
at:
https://tinyurl.com/yck8x2cc
About Venus Concept
Toronto, Ontario-based Venus Concept Inc. is an innovative global
medical technology company that develops, commercializes, and
delivers minimally invasive and non-invasive medical aesthetic and
hair restoration technologies and related services. The Company's
systems have been designed on cost-effective, proprietary, and
flexible platforms that enable the Company to expand beyond the
aesthetic industry's traditional markets of dermatology and plastic
surgery, and into non-traditional markets, including family
medicine and general practitioners and aesthetic medical spas.
Mississauga, Canada-based MNP LLP, the Company's auditor since
2019, 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 December 31, 2024, citing that the Company
has reported recurring net losses and negative cash flows from
operations, which raises substantial doubt about its ability to
continue as a going concern.
As of September 30, 2024, Venus Concept had $72.28 million in total
assets, $61.65 million in total liabilities, $520,000 in
non-controlling interests, and $10.11 million in total
stockholders' equity.
VIA ESCUELA: Seeks to Hire HPT Realty as Real Estate Broker
-----------------------------------------------------------
Via Escuela Consulting, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ HPT Realty
as Real Estate Broker.
The firm will market and sell the Debtor's real property located at
3193 Budau Ave, Los Angeles, CA 90032.
The firm will be paid a commission of 1 percent of the listing
price.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Darwin Nguyen
HPT Realty
9972 Bolsa Ave Ste 100
Westminster, CA 92863
Tel: (717) 775-7100
About Via Escuela Consulting, LLC
Via Escuela Consulting, LLC, owns two properties in California
having a total current value of $2.26 million.
Via Escuela Consulting sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 24-17567) on Sept.
17, 2024. In the petition signed by Melissa Regina Alvarado,
principal, the Debtor disclosed $2,260,700 in assets and $2,019,299
in liabilities.
Onyinye N. Anyama, Esq., at Anyama Law Firm, serves as the Debtor's
counsel.
VIDEO RIVER: Reports $1.46 Million Net Income for 2024
------------------------------------------------------
Video River Networks, Inc. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting net
income of $1,462,828 for the year ended December 31, 2024, compared
to a net income of $496,026 for the year ended December 31, 2023.
For the year ended December 31, 2024, the Company reported
operating revenue of $0.
Lagos, Nigeria-based Olayinka Oyebola & Co., 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 suffered an accumulated deficit of $(17,928,164). These
matters raise substantial doubt about the Company's ability to
continue as a going concern.
The Company's ability to continue as a going concern is dependent
upon our ability to raise debt or equity funding to meet its
ongoing operating expenses and ultimately in merging with another
entity with experienced management and profitable operations. No
assurances can be given that it will be successful in achieving
these objectives.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/55uvk4h9
About Video River
Headquartered in Torrance, California, Video River Networks, Inc.
is a technology firm that operates and manages a portfolio of
Electric Vehicles, Artificial Intelligence, Machine Learning, and
Robotics assets, businesses, and operations in North America. The
Company's target portfolio businesses and assets include operations
that design, develop, manufacture, and sell high-performance fully
electric vehicles and design, manufacture, install, and sell Power
Controls, Battery Technology, Wireless Technology, and Residential
utility meters and remote, mission-critical devices mostly
engineered through Artificial Intelligence, Machine Learning, and
Robotic technologies.
As of Dec. 31, 2024, the Company had $1,552,732 in total assets,
$91,899 in total liabilities, and total stockholders' equity of
$1,460,833.
VIRGINIA BEACH: Hires Pixel Financial Group as Accountant
---------------------------------------------------------
Virginia Beach Patios, Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Virginia to hire Pixel Financial
Group LLC as its certified public accountant.
The firm's services include:
a. compiling books and records;
b. preparing and filing all necessary tax returns on behalf of
the Debtor in Possession;
c. advising Debtor in Possession of its duties and
responsibilities under the Internal Revenue Code;
d. working with the Debtor in Possession in assessing its
financial condition; and
e. preparing monthly reports, and other matters that arise in
the administration of this Chapter 11 case in bankruptcy relating
to accounting matters.
Compensation will be payable to the accountant on a monthly basis,
plus reimbursement of actual, necessary expenses incurred. The
monthly rate is $789.
Pixel Financial Group LLC is a disinterested person within the
meaning of 11 U.S.C. Sec. 327, according to court filings.
The firm can be reached through:
Misty Leinberger, CPA
Pixel Financial Group LLC
2006 Old Greenbrier Rd #10
Chesapeake, VA 23320
Tel: (757) 255-5255
About Virginia Beach Patios Inc.
Virginia Beach Patios, Inc. is a family-owned contractor
specializing in designing and building custom outdoor living
spaces, including custom pools, outdoor kitchens, fire features, or
artistic structures. The Company is committed to delivering
high-quality craftsmanship and creating functional, beautiful
environments that enhance the homeowner's outdoor experience. With
personalized service and innovative designs, the Company transforms
ordinary yards into extraordinary outdoor retreats.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 25-70478) on March 7,
2025. In the petition signed by Angela Marie Rose, president, the
Debtor disclosed $186,926 in assets and $1,233,715 in liabilities.
Carolyn Bedi, Esq., at Bedi Legal, P.C., represents the Debtor as
bankruptcy counsel.
VISION PAINTING: Court Extends Cash Collateral Access to May 30
---------------------------------------------------------------
Vision Painting & Decorating Services, Inc. received another
extension from the U.S. Bankruptcy Court for the Northern District
of Illinois to use cash collateral.
The fifth interim order signed by Judge Janet Baer authorized the
company to use cash collateral until May 30 to pay the expenses set
forth in its budget, with a 10% variance allowed.
The budget shows total projected expenses of $67,969 for May.
The interim order granted the Internal Revenue Service and the
Illinois Department of Employment Security post-petition
replacement liens on the cash collateral and all post-petition
property of the company, to the same extent and with the same
priority as their pre-bankruptcy liens.
As additional protection, the IRS and the Illinois Department of
Employment Security will continue to receive monthly payments of
$900 and $450, respectively.
The next hearing is scheduled for May 28.
About Vision Painting & Decorating Services
Vision Painting & Decorating Services Inc. is a specialty
contractor that serves the Calumet Park, Illionois area and
specializes in specialty ceilings, plaster and gypsum board,
acoustic treatment, flooring, painting and coatings, wall finishes
and tile.
Vision Painting & Decorating Services sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Ill. Case No. 24-17620) on November 22, 2024, with estimated assets
up to $50,000 and estimated liabilities between $1 million and $10
million. Edward T. McKinnie, Jr., president of Vision Painting &
Decorating Services, signed the petition.
Judge Janet S. Baer handles the case.
The Debtor is represented by:
Gregory K. Stern, Esq.
Gregory K. Stern, P.C.
Tel: 312-427-1558
Email: greg@gregstern.com
VPR BRANDS: Posts $143K Loss in 2024, Raises Going Concern Doubt
----------------------------------------------------------------
VPR Brands, LP. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$143,224 on $5,676,359 of total revenue for the year ended December
31, 2024, compared to a net income of $2,932,802 on $9,853,825 of
total revenue for the year ended December 31, 2023.
Los Angeles, Calif.-based Kreit & Chiu CPA LLP, the Company's
auditor since 2020, issued a "going concern" qualification in its
report dated April 16, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company's financial position and operating results raise
substantial doubt about the Company's ability to continue as a
going concern, as reflected by the net loss of $143,224 for the
fiscal year ended December 31, 2024, and accumulated deficit of
$7,594,395 and $7,485,894, as on December 31, 2024, and 2023,
respectively.
The continuation of the Company as a going concern is dependent
upon, among other things, the continued financial support from its
common unit holders, the ability of the Company to obtain necessary
equity or debt financing, and the attainment of profitable
operations. There is no assurance that the Company will be able to
generate sufficient revenues in the future.
The Company expects to meet its current capital requirements
through existing operations. However, there can be no assurance
that the Company will generate sufficient cash flows to meet all
working capital needs. If operating cash flows are insufficient,
the Company may need to explore alternative sources of capital to
satisfy its liquidity requirements.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/4sct882n
About VPR Brands
Headquartered in Ft. Lauderdale, Fla., VPR Brands, LP --
http://www.VPRBrands.com/-- is a company engaged in the electronic
cigarette and personal vaporizer business.
As of Dec. 31, 2024, the Company had $2,753,410 in total assets,
$2,035,131 in total liabilities, and total partners' surplus of
$718,279.
WHIRLPOOL CORP: Fitch Lowers LongTerm IDR to BB+, Outlook Negative
------------------------------------------------------------------
Fitch Ratings has downgraded Whirlpool Corporation's ratings,
including its Long-Term Issuer Default Rating (IDR) to 'BB+' from
'BBB-', unsecured ratings to 'BB+' with a Recovery Rating of 'RR4',
and Short-Term IDR and commercial paper (CP) ratings to 'B' from
'F3'. Additionally, Whirlpool Finance Luxembourg S.a.r.l.'s and
Whirlpool EMEA Finance S.a.r.l.'s unsecured note ratings have been
downgraded to 'BB+'/'RR4' from 'BBB-' and Whirlpool Europe B.V.'s
CP rating to 'B' from 'F3'. The Rating Outlook is Negative.
The downgrade reflects Whirlpool's high leverage, projected to
remain elevated through at least 2027. Although margins have
improved, expansion is expected to be slower than anticipated due
to tariff impacts and weaker economic and housing conditions.
The Negative Outlook reflects risks to Whirlpool's deleveraging
trajectory, including ongoing execution of its pricing strategy in
a weak demand environment and anticipated debt reduction, expected
to be funded by selling a partial ownership stake in Whirlpool of
India.
Key Rating Drivers
Elevated Leverage: The IDR downgrade to 'BB+' reflects Fitch's
expectation that Whirlpool's deleveraging will take longer than
anticipated, making it challenging to achieve investment grade
credit metrics in the next two years due to the weak demand
environment. Fitch projects EBITDA leverage will settle between
4.5x-5.0x at the end of 2025. This assumes $700 million in debt
repayment, funded by proceeds from selling a portion of its stake
in Whirlpool of India Ltd., free cash flow (FCF) and cash on the
balance sheet.
Fitch expects leverage will decline to 4.0x-4.5x by YE 2026 and
3.5x-4.0x by YE 2027, higher than Fitch's previous forecast of
about 3.3x by YE 2026. Whirlpool's leverage is expected to remain
above the 3.8x negative sensitivity for the 'BB+' IDR through the
end of 2026. Lower debt reduction or slower margin improvement
could result in a further downgrade of the IDR.
Weaker Demand Environment: Fitch expects demand will remain subdued
in 2025 and 2026 due to weaker economic growth, repair and remodel
spending and housing turnover. Repair and remodel spending will
likely be flat to slightly lower in 2025, with a more pronounced
decline in large discretionary product categories. Existing home
turnover will improve slightly, but remain at low levels. Fitch
expects slightly higher repair and remodel spending and modest
improvement in housing turnover in 2026. Fitch previously
anticipated a stronger repair and remodel spending and housing
turnover in 2025 and 2026.
Slow Margin Improvement: Fitch expects Whirlpool's margin recovery
will be hampered by the negative impact of tariffs and a weaker
demand environment. Whirlpool's EBITDA margin improved 190 bps
during 1Q25, but Fitch expects margin improvement will be slower
during the remainder of 2025. Fitch expects EBITDA margins will
settle between 8.3% to 8.8% in 2025 and 9%-9.5% in 2026 and
9.5%-10% in 2027. Input cost inflation and continued execution of
Whirlpool's pricing strategy are risks to margin improvement,
particularly during a sustained period of weaker demand.
Adequate Financial Flexibility: Whirlpool has adequate financial
flexibility to navigate the subdued operating environment, although
it has meaningful debt maturing in 2025, including $350 million of
senior notes that matured in May 2025 and $1.5 billion term loan
(TL) coming due in October 2025. Fitch expects the company will
refinance part of these debt maturities in the next two quarters.
The company is anticipated to generate an FCF margin of less than
0.5% in 2025 and 0.5%-1% in 2026.
Relative Stability Through the Cycle: Whirlpool's favorable
end-market diversification results in relatively stable demand.
About 65% of current industry sales come from product replacement
demand, with roughly 20% from discretionary purchases and 15% from
new residential construction. High product replacement demand is a
stable revenue source. However, prolonged weakness in higher-margin
discretionary appliance demand can result in margin degradation, as
it did in 2023, 2024 and so far in 2025.
Divestitures: Whirlpool completed the sales of its EMEA business in
2024 and has reduced its stake in Whirlpool of India. It is
expected to sell additional stake in 2025, retaining a minority
interest. Fitch generally considers scale and geographic diversity
credit positives but does not view these divestitures as
significantly weakening the business profile. Whirlpool retains
strong market positions in its various local markets and geographic
diversity beyond North America.
Leading Market Positions: Fitch believes Whirlpool's strong market
share positions in core markets lead to higher and more stable
operating margins over time. Additionally, the diversity of the
company's geographic exposure, end-market exposure and distribution
are credit positives relative to more U.S. centric building
products peers with more concentrated exposure to particular end
markets or channels. Whirlpool is the world's leading home
appliance manufacturer with strong market positions in key
countries including the U.S., Brazil, the U.K., Canada, Italy,
France, Mexico and India.
Litigation Risk: Whirlpool has exposure to risks associated with
ongoing litigation and tax matters. The company is a defendant in a
case filed in the U.K. relating to the Grenfell Tower fire due to
the role played by a Hotpoint-branded appliance in the initial
source of the fire. Whirlpool is also defending against certain tax
assessments received by the Brazilian government and an
investigation by the French Competition Authority. Unfavorable
rulings or settlements in these cases could result in a material
use of cash for Whirlpool and constrain discretionary cash flow or
negatively affect credit metrics.
Peer Analysis
The company's credit metrics are weaker than most investment grade
building products issuers due to higher debt levels from an
acquisition completed at the end of 2022, combined with lower
margins. Fitch expects Whirlpool's EBITDA leverage to be sustained
longer term at levels comparable with 'BBB' rated peers such as
Masco Corporation (BBB/Stable) and Fortune Brands Innovations, Inc.
(BBB/Stable). The company typically holds meaningful cash balances
relative to its peers.
Whirlpool's scale, global diversity and end-market exposure are
favorable when compared with Fortune and Masco and is comparable to
Mohawk Industries, Inc. (BBB+/Stable). Whirlpool's revenue and
earnings stability through the housing cycle are stronger than
Mohawk, but Mohawk typically maintains lower leverage levels. The
competitive intensity of the appliance industry and Whirlpool's
relatively weaker EBITDA and FCF margins are unfavorable relative
to these peers.
Key Assumptions
- Revenues fall 6%-7% in 2025 and are flat to slightly higher in
2026;
- EBITDA margin of 8.3% to 8.8% in 2025, 9% to 9.5% in 2026 and
9.5%-10% in 2027;
- CFO of $850 million to $950 million in 2025 and 5.5% to 6.5% of
revenues in 2026;
- Debt reduction of at least $700 million in 2025;
- EBITDA leverage of 4.5x-5.0x at YE 2025, 4x to 4.5x at YE 2026
and 3.5x to 4x at YE 2027;
- (CFO-capex)/debt of 7% to 8% in 2025, 8.5% to 9.5% in 2026 and
10% to 11% in 2027.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage consistently above 3.8x;
- (CFO-capex)/debt sustained below 8%;
- EBITDA margin below 8%.
Factors that Could, Individually or Collectively, Lead to an
Outlook Revision to Stable
- Improvement in margins and cash flow, leading to EBITDA leverage
approaching 3.8x or EBITDA margin trending towards 10%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage consistently below 3.3x;
- (CFO-capex)/debt sustained above 10%;
- EBITDA margin above 10%.
Liquidity and Debt Structure
Whirlpool has adequate liquidity with $1.02 billion in cash and
$619 million of borrowings under its CP program, which is backed by
a $3.5 billion revolving credit facility that matures in May 2027.
Approximately $297 million of consolidated cash is held in
Whirlpool of India (where Whirlpool has a 51% ownership stake, and
the cash is likely to stay in this jurisdiction), while roughly
$495 million is held in Brazil.
The company has meaningful debt maturities in the next three years,
including $350 million of senior notes that matured in May 2025 and
$1.5 billion TL coming due in October 2025, EUR500 million of
senior notes due in 2026, and EUR600 million of senior notes due in
2027. Fitch expects some debt reduction in the next few years;
however, the company will likely refinance most of its debt as it
becomes due.
The company has sufficient revolver availability to meet its 2025
maturities, if needed. However, liquidity will be meaningfully
strained if Whirlpool is unable to access the capital markets to
refinance some of these maturities.
Issuer Profile
Whirlpool Corp. is a global leader in the manufacturing, marketing
and distribution of home appliances. The company's products include
laundry appliances, refrigerators and freezers, cooking appliances,
dishwashers and other small domestic appliances.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
Whirlpool Corp. has an ESG Relevance Score of '4' for Customer
Welfare - Fair Messaging, Privacy & Data Security due to the risk
of potential legal claims being filed against Whirlpool in relation
to the role played by a Hotpoint-brand appliance in the Grenfell
Tower fire in the UK. This has a negative impact on the credit
profile, and is relevant to the ratings in conjunction with other
factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Whirlpool Europe B.V.
senior unsecured ST B Downgrade F3
Whirlpool Finance
Luxembourg S.a.r.l.
senior unsecured LT BB+ Downgrade RR4 BBB-
Whirlpool Corp. LT IDR BB+ Downgrade BBB-
ST IDR B Downgrade F3
senior unsecured LT BB+ Downgrade RR4 BBB-
senior unsecured ST B Downgrade F3
Whirlpool EMEA
Finance S.a r.l.
senior unsecured LT BB+ Downgrade RR4 BBB-
WISCONSIN & MILWAUKEE: Unsecureds Owed $2.3M to Recover 50% in Plan
-------------------------------------------------------------------
Wisconsin & Milwaukee Hotel LLC submitted an Amended Disclosure
Statement for Chapter 11 Plan of Reorganization dated April 4,
2025.
The Debtor intends as part of its Plan to assume the Marriott
Franchise Agreement in an agreed, modified form, following the
completion of negotiations with Marriott.
The Debtor therefore believes that the continuation of the Marriott
Franchise Agreement will be at least equal, but likely better
economically to the present agreement, and likely to improve the
Debtor's post-bankruptcy economic performance. The Debtor also
intends to reject the Management Agreement either as part of its
Plan or prior to Plan confirmation, and to replace White Lodging
with a new Hotel management company.
Negotiations with Marriott and with a potential replacement
management company are ongoing. The Debtor also believes that its
entry into a new management agreement will be at least equal, but
likely better economically to the present agreement, and likely to
improve the Debtor's post-bankruptcy economic performance. These
negotiations must be completed and the related agreements approved
by the Bankruptcy Court as a condition of confirmation of the
Debtor’s chapter 11 Plan.
WMH believes that, with a reorganization of its debts, the Hotel
will continue to operate successfully, provide good-paying jobs and
be an asset to a vibrant Milwaukee.
Class 5 consists of the Unsecured Claims of White Lodging. The
White Lodging claims are impaired, and White Lodging will be
solicited to vote to accept or reject the Plan. White Lodging filed
Claim 15 as an unsecured claim in the amount of $1,552,143.35 for
management fees, reimbursements, and guarantee fees pursuant to the
Management Agreement. White Lodging also filed Claim 16 as an
unsecured claim in the amount of $21,042,609.00 for Contingent
Claims under management contract and guaranty. Litigation of WMH
objections to these claims is ongoing.
Pending the Court's determination of the amounts of White Lodging's
allowed claims, the Plan provides that White Lodging shall be
allowed a general unsecured claim of $451,000 in full satisfaction
of Claims 15 and 16, to be paid a 10% dividend in the amount of
$45,100 on the Effective Date.
Class 8 consists of All Other General Unsecured Claims. Class 8
consists of all other allowed General Unsecured Claims,
representing primarily trade debt of the Debtor, which totals
approximately $2,300,000 according to claims scheduled as
undisputed, non-contingent and liquidated, or for which a claimant
has filed a Proof of Claim, and which has not otherwise being paid
as cure costs in connection with the assumption of contracts (Plan,
Article 4) or disallowed pursuant to any orders entered by the
Court. The claimants in Class 8 are impaired, and will be solicited
to vote to accept or reject the Plan.
Class 8 claimants shall be paid a 50% dividend in the approximate
aggregate amount of $1,150,000 pro-rata, in quarterly payments of
$115,000 over a 2 ½-year period, with the first quarterly payment
due on the first day of the calendar quarter that begins after the
Effective Date, with each quarterly payment due on the first day of
each calendar quarter thereafter, until paid in full.
Class 9 consists of Equity Interest Holders of the Debtor. Holders
of Equity Security Interests are parties who hold an ownership
interest in the Debtor (i.e., the Debtor's owners JSM (representing
99.99% of the interests held), and Fore Investments LLC,
representing .01% of the interests held).
The Debtor intends in the event of such an objection to seek Court
approval of the Class 9 treatment as an exception to the absolute
priority rule. Debtor's equity interest holders shall provide the
Debtor with $5 million in new capital over a five-year period in
order to fund improvements that are necessary to the success of the
reorganization.
The funds necessary for such a capital infusion shall be provided
to Debtor's equity holders, as needed, pursuant to a loan to be
made to such holders by Hexagon, LLC which is an investor in JSM.
Hexagon has represented to the Debtor that it has a net worth in
excess of $500 million and liquidity in excess of $25 million. The
Debtor believes that such new value is equal to or greater than the
equity component of its pro forma projection of enterprise value
upon emergence from bankruptcy, and therefore more than sufficient
to justify an exception to the absolute priority rule.
To effectuate the proposed Plan, WMH shall continue its Hotel
operations. WMH will utilize profits, revenues, and income from its
operations, and cash on hand on the Effective Date to fund the
proposed Plan distributions. WMH shall rely on the new capital
contributions of its interest holders ($5 million over five years)
in order to pay for needed improvements and renovations.
A full-text copy of the Amended Disclosure Statement dated April 4,
2025 is available at https://urlcurt.com/u?l=PSGKAk from
PacerMonitor.com at no charge.
Wisconsin & Milwaukee Hotel LLC is represented by:
RICHMAN & RICHMAN LLC
Michael P. Richman, Esq.
Claire Ann Richman, Esq.
Eliza M. Reyes, Esq.
122 West Washington Avenue,
Suite 850
Madison, WI 53703
Tel: (608) 630-8990
Fax: (608) 630-8991
Email: mrichman@RandR.law
crichman@RandR.law
ereyes@RandR.law
About Wisconsin & Milwaukee Hotel
Wisconsin & Milwaukee Hotel LLC is a Wisconsin limited liability
company with its principal place of business in Milwaukee,
Wisconsin.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. E.D. Wisc. Case No. 24-21743) on April 9, 2024. In
the petition signed by Mark Flaherty, as manager, the Debtor
disclosed up to $50 million in both assets and liabilities.
Judge G. Michael Halfenger oversees the case.
Michael P. Richman, at RICHMAN & RICHMAN LLC, is the Debtor's legal
counsel.
WW INTERNATIONAL: Launches Pre-Packaged Chapter 11 Case
-------------------------------------------------------
WW International, Inc., the global leader in science-backed weight
management, and certain of its affiliates, announced on May 6,
2025, that it will implement a financial reorganization transaction
that will bolster its financial position, increase investment
flexibility in its strategic growth initiatives, and better serve
its millions of members around the world. The transaction will
eliminate $1.15 billion in debt from the Company's balance sheet,
and position WeightWatchers for long-term growth and success.
With this improved financial foundation, the Company is well
equipped to execute its transformation plan, which includes
innovating its digital and member experience and accelerating the
expansion of its telehealth business which delivered 57%
year-over-year revenue growth in Q1 2025.
WeightWatchers remains fully operational during the reorganization
process and there will be no impact to members or the plans they
rely on to support their weight management goals. WeightWatchers'
holistic model of care--including its no. 1 doctor-recommended
weight loss program, telehealth offering with access to
obesity-trained clinicians and prescription weight-loss
medications, and virtual and in-person workshops--remain fully
operational during the reorganization process. All trade creditors
and other general unsecured creditors will be paid in full.
Additionally, the Company intends to remain a publicly traded
company upon emergence from the process.
The agreement entered into is between WeightWatchers and holders of
approximately 72% of the outstanding principal amount of the
Company's term loan facility, revolving credit facility, and 4.5%
senior secured notes, who have committed their support for the
Transaction. To effectuate the Transaction, WeightWatchers has
voluntarily initiated "pre-packaged" chapter 11 cases in the United
States Bankruptcy Court for the District of Delaware. The Company
expects to move through this process swiftly, with the goal of
emerging from the court-supervised reorganization process in
approximately 45 days, if not sooner.
"For more than 62 years, WeightWatchers has empowered millions of
members to make informed, healthy choices, staying resilient as
trends have come and gone," said Tara Comonte, Chief Executive
Officer of WeightWatchers. "The decisive actions we're taking
today, with the overwhelming support of our lenders and
noteholders, will give us the flexibility to accelerate innovation,
reinvest in our members, and lead with authority in a rapidly
evolving weight management landscape. As the conversation around
weight shifts toward long-term health, our commitment to delivering
the most trusted, science-backed, and holistic solutions--grounded
in community support and lasting results--has never been stronger,
or more important."
WeightWatchers has launched a dedicated web page for members to get
more information about the court-supervised restructuring process
at www.weightwatchers.com/here-to-stay. A summary of the
Transaction can be found on the Company's corporate website,
https://corporate.ww.com, under Events and Presentations.
First Day Motions
The Company has filed a series of customary motions with the Court
that will allow it to maintain its business as usual and operate in
the ordinary course, including to meet its commitments to employees
and make timely payments to vendors, and other creditors in full
for amounts owed before, during, and after the court-supervised
process, and expects to have the financial liquidity to execute
these proceedings and continue business in the ordinary course. The
Company will continue to provide the leading and trusted, proven
weight management solutions that members depend on, and will honor
all existing commitments to vendors, partners, and franchisees.
The Transaction provides for the retention of $175 million
previously drawn by the Company from its revolving credit facility,
a reduction of annual interest expense by approximately $50
million, and the extension of its debt maturity runway. Upon Court
approval of the Transaction, the Company's revolving credit
facility lenders, the Company's term loan facility lenders, and
holders of the Company's 4.5% senior secured notes will receive a
pro rata share of:
(i) $465 million in new senior secured debt due 2030 (which may
be in the form of term loans or senior secured notes), and
(ii) 91% of new common equity of the reorganized Company (subject
to dilution from an equity incentive plan).
Additionally, subject to meeting time-based milestones, all common
equity holders will receive a pro rata share of 9% of new common
equity of the reorganized Company (subject to dilution from an
equity incentive plan).
About WW International
Headquartered in New York, WW International Inc. (NASDAQ: WW) is a
technology company at the forefront of weight health, grounded in
nutritional and behavior change science. The Company is powered by
its weight loss and weight management programs, its award winning
app and its commitment to tailoring solutions for its members to
improve their weight health, including providing medical weight
management treatment via access to clinician-prescribed weight
management medications and related support through the
WeightWatchers Clinic affiliated practices.
On May 6, 2025, WW International announced that it has entered into
an agreement with the requisite supermajority of its lenders and
noteholders to implement a financial reorganization transaction
that will eliminate $1.15 billion in debt from its balance sheet.
WeightWatchers voluntarily initiated "pre-packaged" chapter 11
cases (Bankr. D. Del. Lead Case No. 25-10829) on May 6, 2025.
Simpson Thacher & Bartlett LLP is serving as lead counsel, Young
Conaway Stargatt & Taylor, LLP is serving as Delaware co-counsel,
PJT Partners and Matthews South, LLC are serving as investment
bankers, Alvarez & Marsal is serving as restructuring advisor, C
Street Advisory Group is serving as strategic communications
advisor, and ICR is serving as investor relations advisor to the
Company. Kroll is the claims agent.
Gibson, Dunn & Crutcher LLP is serving as legal advisor and
Houlihan Lokey is serving as investment banker to an ad hoc group
of lenders and noteholders that entered into the agreement.
WW INTERNATIONAL: S&P Downgrades ICR to 'D' on Chapter 11 Filing
----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on WW
International Inc. to 'D' from 'CCC-'. S&P also lowered its
issue-level ratings on all the company's rated debt instruments to
'D'.
The downgrade reflects WW International filing for protection under
Chapter 11 of the U.S. Bankruptcy Code. WW entered into a
restructuring support agreement with approximately 72% of its
revolving credit facility and term loan lenders and 4.5% of senior
secured noteholders to reduce total outstanding debt to $465
million from $1.6 billion. WW voluntarily initiated prepackaged
Chapter 11 cases in the U.S. Bankruptcy Court for the District of
Delaware. The company's revolving credit facility lenders, term
loan lenders, and senior secured noteholders will be entitled to a
pro rata share of $465 million in new senior secured debt due in
2030 and 91% of new common equity of the reorganized company. This
will reduce annual interest expense to about $50 million from about
$100 million.
The company intends to finance its operations throughout the
Chapter 11 proceedings with cash on hand, which is expected to more
than cover restructuring and transaction expenses. WW preemptively
fully drew down its revolving credit facility this year and as of
March 29, 2025, had $263 million cash on hand, including revolving
credit facility borrowings of $171 million.
WW intends to emerge from bankruptcy within 45 days, remaining a
public company. At that point, S&P will reassess its issuer credit
rating based on its new capital structure and business strategy.
The company will remain in full operation during the
reorganization. All trade and other general unsecured creditors
will be paid in full.
The bankruptcy filing follows several years of subscriber, revenue,
and EBITDA declines due to weaker demand for Weight Watchers
services, especially among younger consumers, and intense
competition from newer brands, GLP-1 weight loss drugs, and other
weight loss alternatives.
WYNDSTON MILLWORK: Taps Sternberg Naccari & White as Legal Counsel
------------------------------------------------------------------
Wyndston Millwork, LLC, doing business as Acadian Architectural
Millwork, seeks approval from the U.S. Bankruptcy Court for the
Middle District of Louisiana to employ Sternberg, Naccari & White,
LLC to handle its Chapter 11 case.
The firm received in trust a retainer in the aggregate amount of
$21,750 from the Debtor.
Ryan Richmond, Esq., an attorney at Sternberg, Naccari & White,
will be paid at his hourly rate of $400 plus expenses.
Mr. Richmond 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:
Ryan J. Richmond, Esq.
Sternberg, Naccari & White, LLC
450 Laurel Street, Suite 1450
Baton Rouge, LA 70801
Telephone: (225) 412-3667
Facsimile: (225) 286-3046
Email: ryan@snw.law
About Wyndston Millwork LLC
Wyndston Millwork LLC, doing business as Acadian Architectural
Woodwork, specializes in custom architectural millwork and
woodworking services. Based in Ponchatoula, Louisiana, the Company
offers a range of products including doors, windows, mouldings,
columns, corbels, furniture, hardware, and pre-hung interior and
exterior door units.
Wyndston Millwork LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. La. Case No. 25-10353) on April 28,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Michael A. Crawford handles the case.
The Debtor is represented by Ryan J. Richmond, Esq. at Sternberg,
Naccari & White, LLC.
XTI AEROSPACE: $35.6M Loss in 2024; Going Concern Doubt Mitigated
-----------------------------------------------------------------
XTI Aerospace, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$35.6 million on $3.2 million of revenues for the year ended
December 31, 2024, compared to a net loss of $25.1 million on $nil
revenues for the year ended December 31, 2023.
As of December 31, 2024, the Company has a working capital deficit
of approximately $8.8 million, and cash of approximately $4.1
million. During the year ended December 31, 2024, the Company used
approximately $22.3 million of cash for operating activities.
During the year ended December 31, 2024, the Company sold 998,447
shares of common stock under the Equity Distribution Agreement at
per share prices between approximately $10.02 and $337.36,
resulting in net proceeds to the Company of approximately $22.2
million.
During May 2024, the Company entered into a note purchase agreement
with Streeterville Capital, LLC, pursuant to which the Company
issued two secured promissory notes to Streeterville Capital, LLC
in May 2024, resulting in aggregate cash proceeds to the Company of
$2.0 million.
There can be no assurances that the Company will ever earn revenues
sufficient to support its operations, or that it will ever be
profitable. In order to continue its operations, the Company has
supplemented the revenues it earned with proceeds from the sale of
its equity securities and proceeds from loans.
The Company's recurring losses and utilization of cash in its
operations are indicators of going concern. However, the Company's
current liquidity position was favorably impacted by the cash
raised under public offerings aggregating approximately $23.3
million subsequent to December 31, 2024, along with repaying and
settling certain debt and other obligations during March 2025.
This, along with the Company's ability to defer or eliminate
certain operating expenses that are under its control and the
revenues expected to be generated by the Industrial IoT segment led
the Company to believe it has the ability to mitigate such concerns
for a period of at least the next 12 months.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/256f98fb
About XTI Aerospace
XTI Aerospace, Inc. -- https://xtiaerospace.com -- is the parent
company of XTI Aircraft Company headquartered near Denver,
Colorado. XTI Aerospace is developing the TriFan 600, a vertical
lift crossover airplane (VLCA) that combines the vertical takeoff
and landing (VTOL) capabilities of a helicopter with the speed and
range of a fixed-wing business aircraft. The TriFan 600 is designed
to reach speeds of 345 mph and a range of 700 miles. Additionally,
the Inpixon (inpixon.com) business unit of XTI Aerospace is a
provider of real-time location systems (RTLS) technology with
customers around the world who use the Company's location
intelligence solutions in factories and other industrial facilities
to help optimize operations, increase productivity, and enhance
safety.
As of Dec. 31, 2024, the Company had $24.3 million in total assets,
$17.7 million in total liabilities, and a total stockholders'
equity of $6.6 million.
* * *
This concludes the Troubled Company Reporter's coverage of XTI
Aerospace, Inc. until facts and circumstances, if any, emerge that
demonstrate financial or operational strain or difficulty at a
level sufficient to warrant renewed coverage.
YUNHONG GREEN: Reports $1.5 Million Net Loss for FY 2024
--------------------------------------------------------
Yunhong Green CTI Ltd. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$1.5 million on $17.95 million of net sales for the year ended
December 31, 2024, compared to a net loss of $0.2 million on $17.8
million of net sales for the year ended December 31, 2023.
The Company has a cumulative net loss from inception to December
31, 2024 of approximately $26 million and had approximately $0.2
million of cash as of December 31, 2024. The Company's cash
resources from operations may be insufficient to meet its
anticipated needs during the next 12 months. If the Company does
not execute its plan, it may require additional financing to fund
its future planned operations.
Boston, Mass.-based Wolf & Company, P.C, the Company's auditor
since 2020, issued a "going concern" qualification in its report
dated April 14, 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 has an
accumulated deficit of $25.9 million for the year ended December
31, 2024. This raises substantial doubt about the Company's ability
to continue as a going concern.
The ability of the Company to continue as a going concern is
dependent on the Company having adequate capital to fund its
operating plan and performance. Management's plans to continue as a
going concern may include raising additional capital through sales
of equity securities and borrowing, continuing to focus our Company
on the most profitable elements, and exploring alternative funding
sources on an as needed basis. However, management cannot provide
any assurances that the Company will be successful in accomplishing
any of its plans. Supply chain challenges and inflationary
pressures have impacted the Company's business operations to some
extent and is expected to continue to do so and, these impacts may
include reduced access to capital. The ability of the Company to
continue as a going concern may be dependent upon its ability to
successfully secure other sources of financing and attain
profitable operations.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/4dmxtr34
About Yunhong Green
Barrington, Ill.-based Yunhong Green CTI Ltd develops, produces,
distributes and sells a number of consumer products throughout the
United States and in several other countries, and it produces film
products for commercial and industrial uses in the United States.
The Company's principal lines of products include Novelty Products
consisting principally of foil and latex balloons and related gift
items; and Flexible Films for food and other commercial and
packaging applications.
As of Dec. 31, 2024, the Company had $25.6 million in total assets,
$14.9 million in total liabilities, and a total stockholders'
equity of $10.7 million.
[^] BOOK REVIEW: The Heroic Enterprise
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The Heroic Enterprise: Business and the Common Good
Author: John Hood
Publisher: Beard Books (reprint of book published by The Free
Press/Division of Simon and Schuster in 1996).
Paperback: 266 pages
List Price: $34.95
Order your copy at https://bit.ly/3awLUV3
Hood writes as a counterbalance to ideas that business should be
expected to contribute to the common good along the lines of
charities, say, or public health. He writes too against the highly
partisan, pernicious perspective that business activity is
antisocial and disruptive which at times gains some degree of
credibility.
Critiques of business have been around as long as commerce and
business have been around. These come usually from religious or
political zealots seeking dictatorial hold over all significant
kinds of human activity and enterprise. In this work, Hood aims to
counterbalance latter-day versions of such critiques arising in
American society. The counterculture, antiestablishment 1960s was
a time when such critiques were particularly strong. They have
moderated since, yet remain a persistent chorus which influences
politics and imagery and public affairs of business.
Hood does not aim to stifle or eliminate debate about the effects
of business on society or how business should engage in business.
What he aims for is dismissing once and for all myopic and almost
utopian conceptions about business and related erroneous purposes
and values of it. Such conceptions are worrisome to
businesspersons not because they believe they have any foundation,
but because they waste resources and energy in having to
continually correct them so business can function properly. And to
the extent such myopic conceptions are believed or entertained by
the public, they hamper the public and politicians in working out
policies by which the greatest benefits of business can be reaped
by society.
The author clarifies the place and role of business by contrasting
business with other parts of society. A standard, self-evident
tenet of sociologists going back to the time of Plato is that
society is made up of different parts fulfilling different roles
for the varied needs of society and so that a society will function
smoothly and survive. Business is distinguished from government
and philanthropy. "Businesses exist to make and sell things,
whereas by contrast "governments exist to take and protect things
[and] charities exist to give things away." The social
responsibility for each category of institution is inherent in its
purposes and activities. For example, businesses alone cannot
solve environmental problems. Whatever problems which can be
attached to business are related to government policies and
business's operations to satisfy consumer interests. Hence,
business alone cannot solve environmental problems, and should not
be expected to. Critics requiring that business solve
environmental problems without similarly requiring changes in
government policies and consumer interests are shortsightedly and
unreasonably tarnishing business while not making any relevant or
productive arguments for dealing with environmental problems.
In elucidating business's proper place in and contributions to
society, Hood is not unmindful that some businesses fail to fulfill
their role in good faith and beneficially. But instead of
criticizing business fundamentally, he proffers questions critics
can ask before targeting particular businesses. Two of these are
"Are corporations obtaining their profits through force or fraud?"
and "Are corporations putting investments at their disposal to the
most economically productive use?" Hood's perspective in support
of business against unfair and irrelevant criticisms is based on
the acknowledgment that business is operating productively, for the
common good, and is open to cooperative activities with other parts
of society in trying to resolve common problems.
"The Heroic Enterprise" is not an argument for business -- for as a
fundamental aspect of any society, business does not need an
argument to justify it. The book mostly takes the approach of
reviewing why business is necessary and therefore must be
naturally, easily accepted -- namely, because of the manifold
benefits business provides for society and because it along with
good government and respectable morals has been a primary engine
for the betterment of human life.
John Hood has much experience in the media and communication as a
syndicated columnist, TV commentator, and radio host. Author of
seven nonfiction books on subjects as business, advertising, public
policy, and political history, and many articles for national
publications such as the Wall Street Journal, Hood is President of
the John William Pope Foundation, a Raleigh, N.C.-based grantmaker
that supports public policy organizations, educational
institutions, arts and cultural programs, and humanitarian relief
in North Carolina and beyond. Hood also serves on the board of the
John Locke Foundation, the state policy think tank he helped found
in 1989 and led as its president for more than two decades. He
teaches at Duke University's Sanford School of Public Policy.
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