250521.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Wednesday, May 21, 2025, Vol. 29, No. 140
Headlines
1 SANDPIPER: Seeks Chapter 11 Bankruptcy in North Carolina
120-MP VICTORIA: Gets Interim OK to Use Cash Collateral
154 HIGHLAND: Seeks Chapter 11 Bankruptcy in New York
17FARMHADEN LLC: Voluntary Chapter 11 Case Summary
2315 LOMA VISTA: Section 341(a) Meeting of Creditors on June 3
23ANDME HOLDING: Sells Genetic Testing Division to Regeneron
250 WYNAH LANE: Seeks Chapter 11 Bankruptcy in Illinois
4069 – 4089 MINNESOTA: H. Jason Gold OK'd as Chapter 11 Trustee
520 COLUMBUS: Seeks Chapter 11 Bankruptcy in New York
A.T & M.D TRUCKING: Seeks Chapter 11 Bankruptcy in Ohio
A.Z.N. REALTY: Seeks Chapter 11 Bankruptcy in New York
ACCRO BRANDS: Fitch Lowers IDR to 'BB-', Outlook Negative
ACTION FACE: Files Amended Plan; Confirmation Hearing June 18
ADVANCE COMPANIES: Case Summary & 20 Largest Unsecured Creditors
AEC PARENT: S&P Lowers ICR to 'CCC+' on Sustained Demand Pressure
AFH AIR PROS: Seeks to Extend Plan Exclusivity to Oct. 13
AKOUSTIS TECHNOLOGIES: Gets Extension to Access Cash Collateral
ALERA GROUP: Moody's Assigns 'B3' CFR, Outlook Stable
AMERICAN 24: Seeks Chapter 11 Bankruptcy in Arizona
AMERICAN WARRIOR: To Sell Finney County Property to Gardens City
ANCIOM LLC: Gets Interim OK to Use Cash Collateral
ARCHROCK INC: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
ART SUPPLY: SSG Served as Investment Banker in Asset Sale
AZZ INC: Fitch Alters Outlook on 'BB' LongTerm IDR to Positive
BALKAN EXPRESS: Seeks to Sell Hyundai Vehicles
BAMBI HEALTH: Updates Restructuring Plan Disclosures
BEBCO ENVIRONMENTAL: Unsecureds Will Get 1% of Claims in Plan
BEELINE HOLDINGS: CAO Tiffany Milton Holds 491 Direct Shares
BEN FACKLER: Seeks Chapter 11 Bankruptcy in Oregon
BEST CHEER: Case Summary & 20 Largest Unsecured Creditors
BLACKFORD ATM: Founder Faces Fraud Allegations in Investor Lawsuit
BLINK CHARGING: Considers Restructuring, to Cut Global Workforce
BUFFALO HOUSE: Mark Schlant Named Subchapter V Trustee
BUTLER GROUP: Seeks Chapter 11 Bankruptcy in Columbia
CAN’T COOK: Hearing on Bid to Use Cash Collateral Set for May 28
CBRM REALTY: Case Summary & 30 Largest Unsecured Creditors
CD&R SMOKEY: S&P Lowers ICR to 'B-' on Operating Underperformance
CHAR GRILL: Gets Extension to Access Cash Collateral
CHICKEN SHACK: Gets OK to Use Cash Collateral
CLAROS MORTGAGE: CMTG WF Cuts Facility, Extends Maturity to 2026
CM CUSTOM: Beverly Brister Named Subchapter V Trustee
COLONIAL GARDENS: Claims to be Paid From Continued Operations
COMMUNITY HEALTH: Morgan Stanley Cuts Stake Below 5%
CONN'S INC: Seeks to Extend Plan Exclusivity to June 18
COREWEAVE INC: S&P Assigns 'B+' ICR, Outlook Stable
COTY INC: S&P Affirms 'BB+' Issuer Credit Rating, Outlook Stable
CROWN SUBSEA: S&P Affirms 'B+' Rating on Senior Secured Debt
CRYPTO MARKET: Daniel Etlinger Named Subchapter V Trustee
CUCHINA ANTICA: Plan Exclusivity Period Extended to June 11
DB BONNEVILLE: Seeks Chapter 11 Bankruptcy in Iowa
DEVILS RIVER DISTILLERY: Subchapter V Trustee Named
DEVILS RIVER HOLDINGS: Michael O'Connor Named Subchapter V Trustee
DOCUDATA SOLUTIONS: Unsecureds Will Get 40.6% of Claims in Plan
EKSO BIONICS: Reports Net Loss of $2.9 Million for Q1 FY25
ELEVATE PFS: Moody's Affirms Caa1 CFR & Alters Outlook to Positive
ENVELOPE MART: Case Summary & 20 Largest Unsecured Creditors
ERIE KASH: Holly Miller Named Subchapter V Trustee
EVANS INVESTMENT: Mark Sharf Named Subchapter V Trustee
F.I.A. LLC: Seeks Chapter 11 Bankruptcy in Louisiana
FIREFLY NEUROSCIENCE: Acquires Evoke Neuroscience for $6.5-Million
FMC CORP: S&P Rates New Unsecured Subordinated Hybrid Notes 'BB'
FOOT LOCKER: Moody's Puts 'Ba3' CFR on Review Direction Uncertain
FTX TRADING: Ch. 11 Clawback Suit Baseless, Binance Says
GENESIS GLOBAL: Sues Digital Currency for Alleged $1-Bil. Transfers
GIUSEPPE AND THE LION: Seeks Subchapter V Bankruptcy in Florida
GREENFIRE RESOURCES: Moody's Alters Outlook on 'B3' CFR to Negative
HIGH WIRE: Sells Series G Convertible Preferred Shares to GHS
HIGHLANDS GROUP: To Sell Somerset Property to Jed and Amy Karalfa
HYPERSCALE DATA: Prelim Q1 Revenue Hits $25 Million
ICAHN ENTERPRISES: Moody's Lowers CFR to 'B1', Outlook Stable
J MCCLOUD REALTY: Holly Miller Named Subchapter V Trustee
JAGUAR HEALTH: Investors Waive VRT Restriction for New Issuances
JSP MANAGEMENT: Section 341(a) Meeting of Creditors on June 23
KEYSTONE PASSIONATE: Seeks Cash Collateral Access
KIDDE-FENWAL: Connecticut, Other States Block $540MM Deal
KIDZ TYME: Voluntary Chapter 11 Case Summary
KRATON CORP: Moody's Withdraws 'B1' Corporate Family Rating
LEE FRANCHISE: Court Extends Cash Collateral Access to June 21
LI-CYCLE HOLDINGS: Files Bankruptcy in U.S. and Canada
LIGHT & WONDER: S&P Rates $800MM Senior Secured Term Loan A 'BB'
LONERO ENGINEERING: Creditors to Get Proceeds From Liquidation
LOYALTY VENTURES: Saratoga CLO Marks $2.9 Million Loan at 93% Off
LUCENA DAIRY: Seeks to Sell Aguadilla Property
LUCENA DAIRY: To Sell Hatillo Property to Steven M. Fenosik
LYLES CAPITAL: Seeks Chapter 11 Bankruptcy in Arkansas
M.I.S. COMMODITIES: Tarek Kiem Named Subchapter V Trustee
MANHATTAN COUNTRY SCHOOL: Seeks Chapter 11 Bankruptcy in New York
MCKNIGHTS ACADEMY: Todd Hennings Named Subchapter V Trustee
METRO MATTRESS: Seeks to Extend Plan Exclusivity to July 1
MICHAELS COMPANIES: Saratoga CLO Marks $2.9 Million Loan at 19% Off
MODIVCARE INC: CFO, CIO to Depart as Part of Biz Model Evolution
MPH ACQUISITION: Saratoga CLO Marks $2.6 Million Loan at 16% Off
NAOUI LLC: Lender Seeks to Prohibit Cash Collateral Access
NETCAPITAL INC: Records $17.9M Impairment on Equity Investments
NETCAPITAL INC: Signs $126K Convertible Notes With 1800 Diagonal
NEXT LEVEL: Saratoga CLO Marks $2.3 Million Loan at 20% Off
OCEAN FIVE: Carol Fox of GlassRatner Named Subchapter V Trustee
PARAMOUNT GLOBAL: S&P Corrects Sub Debentures Rating to 'B+'
PATHWAY PARTNERS: Saratoga CLO Marks $476,000 Loan at 19% Off
PEOPLE POWERED: Seeks Chapter 11 Bankruptcy in New York
PFH HOLDINGS: Seeks Chapter 11 Bankruptcy in Tennessee
PG&E CORP: Fitch Affirms 'BB+' Rating, Outlook Remains Positive
PHOENIX ROSE: Michael Abelow Named Subchapter V Trustee
PHYSICIAN PARTNERS: Saratoga CLO Marks $2.9 Mil. Loan at 60% Off
PIVOTAL ANALYTICS: Gets Interim OK to Use Cash Collateral
PRESCART CORP: Seeks Chapter 11 Bankruptcy in North Carolina
PROVIDENTIAL LENDING: Seeks Cash Collateral Access
PUERTO RICO: Dechert LLP Updates List of PREPA Bondholders
QBD PACKAGING: Dennis Perrey Named Subchapter V Trustee
RACKSPACE TECHNOLOGY: Saratoga CLO Marks $2 Million Loan at 43% Off
RAINBOW PRODUCTION: Seeks to Extend Plan Exclusivity to July 7
REE AUTOMOTIVE: Raises 'Going Concern' Warning as Shares Slide
RENASCENCE INC: Section 341(a) Meeting of Creditors on June 25
RISE MANAGEMENT: Unsecureds to Get 13.61% over 84 Months
RITE AID: Enters Sale Deals to Ensure Pharmacy Care Continuity
RITE AID: Sells Pharmacy Assets of 1,000 Locations to Rivals
ROYAL PAPER: Sofidel Secures Auction Victory for Bankrupt Rival
SABRE CORP: S&P Affirms 'B-' Issuer Credit Rating, Outlook Stable
SAKS GLOBAL: Majority Creditors Band Together Prior Debt Talks
SALEM 46-48: To Sell Salem City Property to Kent 11 for $225K
SITEL WORLDWIDE: Saratoga CLO Marks $1.9 Million Loan at 35% Off
SKY RADIOLOGY: Jolene Wee Named Subchapter V Trustee
SLATE RIVER: Involuntary Chapter 11 Case Summary
SMALL FORTUNE: Gets Extension to Access Cash Collateral
SOUL WELLNESS: Updates Restructuring Plan Disclosures
STAR PUMP: Unsecured Claims Under $25K to Recover 10% in Plan
TEKNATOOL USA: Gets Extension to Access Cash Collateral
TEVA PHARMACEUTICALS: S&P Rates New $2BB Sr. Unsecured Notes 'BB'
TEXAS WHEEL: Unsecureds Will Get 67.59% of Claims over 5 Years
TOWN LOUNGE HENDERSON: Voluntary Chapter 11 Case Summary
TRAVEL HUB: Cameron McCord Named Subchapter V Trustee
TREE LANE: Plan Exclusivity Period Extended to October 23
UNIFIED SCIENCE: Case Summary & 20 Largest Unsecured Creditors
VAN DER VALK: Andrew Layden Named Subchapter V Trustee
VIVA LIBRE: Mark Sharf Named Subchapter V Trustee
VMR CONTRACTORS: Court Extends Cash Collateral Access to July 18
WABASH NATIONAL: S&P Downgrades ICR to 'B+', Outlook Stable
WALKER AREA: Mary Sieling Named Subchapter V Trustee
WELLPATH HOLDINGS: Shannon Files Supplemental Rule 2019 Statement
WEST CENTRO: Unsecured Creditors Will Get 15% of Claims in Plan
WST INDUSTRIES: Claims to be Paid From Continued Operations
YOUNG MEN'S CHRISTIAN: Emerges from Chapter 11 Bankruptcy
[] Researchers Link Bankruptcies to Worse Nursing Home Care
*********
1 SANDPIPER: Seeks Chapter 11 Bankruptcy in North Carolina
----------------------------------------------------------
On May 15, 2025, 1 Sandpiper LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of North
Carolina. According to court filing, the
Debtor reports $8,836,717 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About 1 Sandpiper LLC
1 Sandpiper LLC owns a vacation rental property located at 1
Sandpiper Lane in Marathon, Florida. The property is valued at
$3.65 million.
1 Sandpiper LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-01836) on May 15,
2025. In its petition, the Debtor reports total assets of
$3,822,330 and total liabilities of $8,836,717.
Honorable Bankruptcy Judge Pamela W. Mcafee handles the case.
The Debtors are represented by Danny Bradford, Esq. at PAUL D.
BRADFORD, PLLC.
120-MP VICTORIA: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
120-MP Victoria, Ltd. got the green light from the U.S. Bankruptcy
Court for the Western District of Texas, Austin Division, to use
cash collateral.
The order authorized the company's interim use of cash collateral
to pay the expenses set forth in its budget for the period from May
6 until the date of the final hearing.
First State Bank, Louise claims that it is the holder of security
interests, liens and mortgages in all or substantially all of
120-MP Victoria's property. The pre-bankruptcy lender claims it is
owed $1,246,549.17 by the company as of the petition date.
As protection, First State Bank was granted replacement liens and
security interests in all property of the company in which the
lender held valid pre-bankruptcy liens and security interests.
The next hearing is set for May 29.
About 120-MP VICTORIA Ltd.
120-MP VICTORIA, Ltd. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Texas Case No. 25-10658) on May
5, 2025. At the time of the filing, the Debtor disclosed up to $10
million in both assets and liabilities.
Ronald Smeberg, Esq., at The Smeberg Law Firm, is the Debtor's
bankruptcy counsel.
First State Bank Louise, as lender, is represented by:
Mitchell Buchman, Esq.
Barrett Daffin Frappier Turner & Engel, LLP
1900 St. James Place, Suite 500
Houston, TX 77056
Telephone: (713) 693-2014
Facsimile: (713) 693-2011
mitchelb@bdfgroup.com
154 HIGHLAND: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------
On May 14, 2025, 154 Highland Avenue Realty LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of New York. According to court filing, the
Debtor reports $829,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About 154 Highland Avenue Realty LLC
154 Highland Avenue Realty LLC owns a two-family residential
property located at 154 Highland Street in Port Chester, New York.
The property, which is currently tenant-occupied, is estimated to
be valued at about $900,000.
154 Highland Avenue Realty LLCsought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D.N.J. Lead Case No. 25-22418) on
May 14, 2025. In its petition, the Debtor reports total assets of
$905,850 and total Liabilities of $829,000.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtors are represented by Anne Penachio, Esq. at PENACHIO
MALARA LLP.
17FARMHADEN LLC: Voluntary Chapter 11 Case Summary
--------------------------------------------------
Debtor: 17Farmhaden LLC
2423 SW 147th Ave.
#547
Miami FL 33185
Business Description: 17Farmhaden LLC is a Florida-based company
that owns and leases residential properties,
excluding apartment buildings.
Chapter 11 Petition Date: May 19, 2025
Court: United States Bankruptcy Court
District of Maryland
Case No.: 25-14496
Debtor's Counsel: John D. Burns, Esq.
THE BURNS LAW FIRM, LLC
6305 Ivy Lane, Ste 340
Greenbelt MD 20770
Tel: 301-441-8780
Email: jburns@burnsbankruptcyfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by Amadou B. Cisse as authorized member.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/B7B5NWQ/17Farmhaden_LLC__mdbke-25-14496__0001.0.pdf?mcid=tGE4TAMA
2315 LOMA VISTA: Section 341(a) Meeting of Creditors on June 3
--------------------------------------------------------------
On May 13, 2025, 2315 Loma Vista LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the
Debtor reports $716,656 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 3,
2025 at 09:15 AM at UST-LA2, TELEPHONIC MEETING. CONFERENCE
LINE:1-866-816-0394, PARTICIPANT CODE:5282999.
About 2315 Loma Vista LLC
2315 Loma Vista LLC owns a property located at 2315 Loma Vista PL,
Los Angeles, CA 90039, with an appraised value of $1.40 million.
2315 Loma Vista LLCsought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-13989) on May 13,
2025. In its petition, the Debtor reports total assets of
$1,399,000 and total liabilities of $716,656.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtors are represented by Thomas B. Ure, Esq. at URE LAW FIRM.
23ANDME HOLDING: Sells Genetic Testing Division to Regeneron
------------------------------------------------------------
Steven Church and Gerry Smith of Bloomberg News report that the
bankrupt genetic-testing firm 23andMe has reached a deal to sell
its DNA database -- previously holding samples from about 15
million people -- to pharmaceutical company Regeneron for $256
million.
The sale follows heightened scrutiny from customers and government
officials calling on 23andMe to protect the genetic data it
gathered over the years through saliva samples. Regeneron has
agreed to adhere to 23andMe's privacy policy, which allows
individuals to request the deletion of their personal data,
according to Bloomberg News.
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 and Morgan, Lewis &
Bockius LLP are serving as legal counsel to 23andMe and Alvarez &
Marsal North America, LLC as restructuring advisor. Moelis &
Company LLC is serving as investment banker and Goodwin Procter LLP
is serving as legal advisor to the Special Committee of 23andMe's
Board of Directors. 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.
250 WYNAH LANE: Seeks Chapter 11 Bankruptcy in Illinois
-------------------------------------------------------
On May 14, 2025, 250 Wynah Lane LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Northern District of Illinois.
According to court filing, the Debtor reports between$1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About 250 Wynah Lane LLC
250 Wynah Lane LLC is a single-asset real estate debtor, as defined
in 11 U.S.C. Section 101(51B).
250 Wynah Lane LLCsought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-07414) on May 14,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
The Debtors are represented by Matthew T. Gensburg, Esq. at
GENSBURG CALANDRIELLO & KANTER, P.C.
4069 – 4089 MINNESOTA: H. Jason Gold OK'd as Chapter 11 Trustee
-----------------------------------------------------------------
Judge Elizabeth Gunn of the U.S. Bankruptcy Court for the District
of Columbia approved the appointment of H. Jason Gold as Chapter 11
trustee for 4069-4089 Minnesota Ave, NE, LLC.
Mr. Gold was appointed on May 5 by Matthew Cheney, Acting U.S.
Trustee for Region 4.
Mr. Gold neither holds nor represents any interests adverse to the
company, creditors and other parties involved in the company's
Chapter 11 case.
About 4069 - 4089 Minnesota Ave NE
4069 - 4089 Minnesota Ave, NE, LLC is a debtor with a single real
estate asset, as outlined in 11 U.S.C. Section 101(51B). It is
based in Washington, DC.
4069 - 4089 Minnesota Ave filed Chapter 11 petition (Bankr. D.
Colo. Case No. 25-00070) on Feb. 27, 2025, listing between $10
million and 50 million in both assets and liabilities. Oscar
Portillo, managing member, signed the petition.
Judge Elizabeth L Gunn oversees the case.
The Law Offices of Richard B. Rosenblatt, PC serves as the Debtor's
bankruptcy counsel.
520 COLUMBUS: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------
On May 16, 2025, 520 Columbus Ave Ltd. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of New York. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed
to 1 and 49 creditors. The petition states funds will be available
to unsecured creditors.
About 520 Columbus Ave Ltd.
520 Columbus Ave Ltd. operates a restaurant business located at 520
Columbus Avenue, New York, NY 10024.
520 Columbus Ave Ltd. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11006) on May 16,
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 David S. Jones handles the case.
The Debtors are represented by Lawrence F. Morrison, Esq. at
MORRISON TENENBAUM PLLC.
A.T & M.D TRUCKING: Seeks Chapter 11 Bankruptcy in Ohio
-------------------------------------------------------
On May 16, 2025, A.T & M.D Trucking LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Ohio. 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 A.T & M.D Trucking LLC
A.T & M.D Trucking LLC is a trucking contractor based in Columbus,
Ohio. The Company provides freight transportation services and is
registered with the U.S. Department of Transportation.
A.T & M.D Trucking LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-52131) on May 16,
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 John E. Hoffman Jrhandles the case.
The Debtors are represented by John W. Kennedy, Esq. at STRIP
HOPPERS LEITHART MCGRATH & TERLECKY CO., LPA
A.Z.N. REALTY: Seeks Chapter 11 Bankruptcy in New York
------------------------------------------------------
On May 13, 2025, A.Z.N. Realty LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of New York.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About A.Z.N. Realty LLC
A.Z.N. Realty LLC owns a commercial office building located at 13
East 37th Street in New York, NY. The Property is improved by an
eight story building, occupied by a Chinese restaurant on the
ground floor, with eight other tenants occupying various spaces and
three currently vacant.
A.Z.N. Realty LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42314) on May 13,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtors are represented by Kevin Nash, Esq. at GOLDBERG WEPRIN
FINKEL GOLDSTEIN LLP.
ACCRO BRANDS: Fitch Lowers IDR to 'BB-', Outlook Negative
---------------------------------------------------------
Fitch Ratings has downgraded ACCO Brands Corporation's ratings,
including its Issuer Default Rating (IDR) to 'BB-' from 'BB', its
senior secured revolving credit facility (which is co-borrowed by
ACCO Brands Australia Holding Pty Limited) and senior secured term
loan ratings to 'BB+' with a Rating Recovery of 'RR1' from 'BBB-' /
'RR1', and its senior unsecured notes to 'BB-'/ 'RR4' from 'BB' /
'RR4'. The Rating Outlook is Negative.
The downgrade reflects Fitch's expectation that ACCO's leverage
will be sustained above 3.5x over the next several years, with
EBITDA sustained below $200 million; both of which are worse than
Fitch's previous expectations.
Fitch's base case projects that ACCO's EBITDA could decline to
around $190 million with leverage over 4.0x in 2025. Fitch could
stabilize ACCO's Outlook if evidence shows that the company is able
stabilize EBITDA around these levels, while reducing debt so that
leverage is sustained below 4.0x.
Key Rating Drivers
Leverage Sustained Above 3.5x: Fitch's base case assumes that
ACCO's leverage will remain elevated above 3.5x over the next
several years, higher than its previous expectations of leverage
declining below 3.5x in 2025. Leverage could be around 4.2x in
2025, an increase from 3.7x in 2024, before declining to the
mid-to-high 3.0x range in 2026 and thereafter driven by debt
reduction. Further declines in EBITDA, or debt financed
acquisitions, could lead to leverage sustained above the 4.0x
downgrade sensitivity.
EBITDA Below $200 Million: Fitch's base case assumes ACCO's EBITDA
will decline to just under $200 million in 2025, down from $230
million in 2024 and a significant decline in scale compared to
around $300 million from 2017 to 2019. EBITDA could stabilize in
the $190 million range over the horizon, supported by the company's
focus on expenditure management and tariff mitigation strategies.
Fitch believes the company will likely need to continue finding
cost savings to support margins and invest in growth, or make
acquisitions, to meaningfully grow EBITDA.
Declining Sales in 2025: Fitch expects ACCO's sales to decline by
high single digits in 2025, to around $1.5 billion, compared to
$1.67 billion in 2024. Downward pressure on sales from secular
declines, soft demand and portfolio rationalization are expected by
Fitch to be exacerbated by a tariff related pull back in demand and
negative consumer sentiment. Sales could stabilize around $1.5
billion in 2026 and thereafter, as consumer sentiment improves and
growth in tech accessories and learning & creative mostly offsets
low single digit declines in business essentials.
Secular Business Pressures: ACCO's exposure to secular declines in
the office products category because of the shift toward digital
technologies and away from paper is a key challenge to its credit
profile. Fitch expects ACCO's core business essentials segment
(around 50% of revenues) is likely to keep declining in the low
single-digit range, making it challenging to stabilize or
organically grow sales. The company will likely need to make
acquisitions that successfully shift its business mix toward
less-cyclical or higher-growth categories to support meaningful
organic growth.
Potential to be Acquisitive: Considering the declines in EBITDA
over the past several years, ACCO could make acquisitions to regain
lost EBITDA scale. The company has stated its interest in being
acquisitive, and it took a similar approach to offset declining
sales between 2016 and 2020 when it spent around $800 million on
acquisitions in higher growth categories and/or geographies. While
acquisitions could offset recent declines, they could also divert
FCF away from debt reduction leading higher than currently
anticipated leverage and increased execution risk.
Good FCF, Minimal Refinancing Risk: ACCO should generate FCF
margins in the mid-single digit percentage of revenue range,
supporting its liquidity profile. The company has no near-term debt
maturities after it extended its credit facilities in October 2024.
While Fitch expects the company will continue to repay debt, the
pace and scale of debt reduction could be tempered by acquisitions
or shareholder returns. The company made a $10m acquisition and
repurchased million in shares in the first quarter of 2025.
Evolving Tariff Landscape: ACCO, like many companies, faces
increased cost pressures from current and potential tariffs. ACCO
shifted a large portion of manufacturing away from China because of
previous tariffs, and the company will continue to pursue supply
chain optimization, cost savings and pricing increases to offset
the impact of tariffs. Visibility is low, however many of ACCO's
products are highly discretionary. Declining consumer sentiment and
businesses carefully monitoring spending are expected by Fitch to
negatively impact sales.
Good Profitability: Fitch expects ACCO's EBITDA margin to be in the
mid-to-high 12% range in 2025 through 2027, down from 13.8% in
2024, as margins are pressured by higher costs due to tariffs and
from fixed cost deleveraging. The company's expenditure management
efforts (around $40 million targeted in 2025) should help it
maintain margins over the next several years. Fitch notes that
visibility on costs and margins is low due to the evolving tariff
landscape.
Peer Analysis
ACCO's 'BB-' rating reflects its leverage sustained above 3.5x over
the next several years, and its significant decline in scale over
the past several years driven by secular challenges, balanced by
consistent FCF generation and good profitability. The Negative
Outlook is driven by concerns the company may not be able to
stabilize its operations over the next 12-24 months while
maintaining leverage below 4.0x.
Other consumer goods peers include Newell, (B+/Stable), Central
Garden & Pet Company (CENT; BB/Stable), and Spectrum Brands, Inc.
(Spectrum; BB/Stable). ACCO's leverage downgrade sensitivity is
tighter than would typically be expected for a consumer goods
company, driven by the secular challenges in its core business that
will necessitate annual cost savings or acquisitions to stabilize
or grow EBITDA.
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.
CENT's ratings reflect its strong market positions in the pet, lawn
and 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.
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.
Key Assumptions
- Sales decline in high 9% range in 2025, as secular pressures and
business rationalization are compounded by deteriorating consumer
sentiment and declining discretionary spending. Sales could
stabilize around $1.5 billion in 2026 and thereafter, driven by
improving consumer sentiment and modest growth in tech accessories
and in learning and creative which mostly offsets secular declines
in business essentials;
- EBITDA declines to around $190 million in 2025 because of lower
sales and increased costs related to tariffs. Cost savings
initiatives and mitigation efforts support stable margins in the
mid-to-high 12% range across the horizon, leading to EBITDA
stabilizing around $190 million;
- FCF of around $60 million in 2025 (assuming Capex at 1% of sales,
dividends similar to 2024 and one-time costs to implement savings)
and in the $60 million to $70 million range thereafter. Fitch
assumes the company will deploy most of its FCF to debt reduction,
with some FCF used for share repurchases in 2025;
- Leverage could increase to around 4.2x in 2025 and decline toward
the mid-to-high 3.0x range in 2026 and thereafter driven by debt
repayment;
- Floating interest rates ranging from 3.5% to 4.5%.
Recovery Analysis
Fitch assigned Recovery Ratings (RRs) to the various debt tranches
in accordance with its criteria, which allows for the assignment of
RRs for issuers with IDRs in the 'BB' category. RRs in the 'BB'
category are not computed by bespoke analysis due to the distance
to default. Instead, they serve as a label to reflect an estimate
of the risk of these instruments relative to other instruments in
the entity's capital structure.
Fitch rates ACCO's first-lien secured debt 'BB+'/'RR1', two notches
above the IDR, reflecting outstanding recovery prospects in the
event of default. ACCO's unsecured debt has average recovery
prospects and is rated 'BB-/'RR4'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Continued declines in sales or profitability leading to EBITDA
approaching $150 million;
- EBITDA leverage sustained above 4.0x;
- A debt-financed acquisition without a concrete plan to reduce
EBITDA leverage to below 4.0x within 12-24 months of the close of
the acquisition.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- An upgrade is unlikely in the near term given the existing
business model and industry issues, but an upgrade could be
possible if ACCO makes favorable acquisitions that successfully
shift its business mix toward less-cyclical or higher-growth
categories, supporting stable sales, EBITDA sustained in the
mid-to-high $200 million range, and EBITDA leverage below 3.5x;
- The Outlook could be stabilized if Fitch gained increased
confidence that ACCO was able to stabilize its business and
operations over the next 12 months-24 months while sustaining
leverage below 4.0x.
Liquidity and Debt Structure
ACCO's liquidity profile is good, supported by reasonable annual
FCF generation that is seasonally skewed to the second half of the
year. ACCO had $134.6 million of cash on hand as of March 31, 2025,
and availability of around $236 million on its revolver (after
deducting $10.2 million in letters of credit). Fitch expects ACCO
will generate FCF (after dividends) in the $60 million to $70
million range over the next several years, supporting its ability
to repay debt.
As of March 31, 2025, ACCO had $936.5 million of debt outstanding,
consisting primarily of around US$221 million in revolver drawings,
US$131 million on its EUR senior secured term loan A (maturing Oct.
30, 2029), US$575 million of unsecured notes (maturing in March
2029), and around US$9 million in other debt.
On Oct. 31, 2025, the company announced an amendment of its credit
facilities where it reduced the revolver size to $467.5 million
(from $600 million previously) and extended the maturity to either
180 days prior to the maturity of its 4.25% senior notes (maturing
March 15, 2029) or Oct. 30, 2029, if the notes are extended beyond
the maturity of the credit facility.
Issuer Profile
ACCO Brands is one of the world's largest designers, marketers and
manufacturers of branded academic, consumer and business products.
The product portfolio includes well-known brands, including
Swingline, Five Star, Mead, AT-A-GLANCE, Kensington, PowerA, GBC,
Tilibra, Leitz and Rapid.
Summary of Financial Adjustments
Historical EBITDA has been adjusted for stock-based compensation,
impairment charges, transaction and integration expenses 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
----------- ------ -------- -----
ACCO Brands Australia
Holding Pty Limited
senior secured LT BB+ Downgrade RR1 BBB-
ACCO Brands
Corporation LT IDR BB- Downgrade BB
senior unsecured LT BB- Downgrade RR4 BB
senior secured LT BB+ Downgrade RR1 BBB-
ACTION FACE: Files Amended Plan; Confirmation Hearing June 18
-------------------------------------------------------------
Action Face, Inc., submitted an Amended Disclosure Statement
describing Plan of Reorganization dated May 2, 2025.
The Debtor anticipates that the Reorganized Debtor will operate
post-confirmation as a marketing consulting firm doing business as
Technology2Market, which will primarily provide consulting services
to tech companies on their go-to-market strategies.
The Debtor anticipates that the principals and equity holders of
the Reorganized Debtor will be Kenneth Davis (the current Chief
Executive Officer of the Debtor) and Elizabeth Gasper. The Debtor
anticipates that Mr. Davis and Ms. Gasper will provide new value
contributions in the form of cash to ensure the feasibility of the
Plan and will continue to provide equity infusions, as necessary,
to operate the Reorganized Debtor's business following confirmation
of the Plan.
Like in the prior iteration of the Plan, total allowed amount of
General Unsecured Claims in Class 2 estimated to be approximately
$9,559,915.28. Paid on or before the date that is three months
after the Effective Date, in one or both of the following manners:
* If the Debtor elects to distribute Infinite Reality Shares
directly to creditors, then each Class 1 creditor will receive a
pro rata share of Infinite Reality Shares based on the allowed
dollar amount of such creditor's claim, after any allowed
administrative and priority claims have been paid in accordance
with the terms of the Plan; or
* In the event that the Debtor has cash remaining after
allowed administrative and priority claims have been paid in
accordance with the terms of the Plan, the remaining cash shall be
distributed to holders of allowed Class 1 claims on a pro rata
basis, up to the allowed amounts of such claims. Any cash remaining
after payment of allowed Class 1 claims in full shall vest in the
Reorganized Debtor.
The Plan provides for no distribution to Class 2 equity holders on
account of their interests in the Debtor, which will be terminated
and extinguished. This Class is deemed to have rejected the Plan.
The equity in the Reorganized Debtor shall be acquired by Kenneth
Davis and Elizabeth Gasper on account of their New Value
Contributions made in connection with the confirmation of this
Plan.
The sources of money or other assets earmarked to pay creditors and
interest-holders include:
* The Debtor's cash on hand as of the Effective Date of the
Plan, which the Debtor estimates will be approximately $26,000.
* "New value" contributions totaling approximately at least
$5,000 total from Kenneth Davis and Elizabeth Gasper (the "New
Value Contributions"), for the purchase of 100% equity interests in
the Reorganized Debtor. The New Value Contributions will be
deposited into a client trust account maintained by the Debtor's
counsel, LNBYG, prior to the date of the Plan confirmation
hearing.
* Holders of general unsecured claims will receive pro rata
shares of the Infinite Reality Shares (or the cash proceeds of the
sale of the Infinite Reality Shares), after allowed administrative
and priority claims have been paid in accordance with the terms of
the Plan. All existing equity interests will be cancelled and
extinguished with no distribution under the Plan.
* Carta is the equity management software platform that
Infinite Reality utilizes. On or shortly after the Plan Effective
Date, the Debtor will mail to creditors forms that must be
completed and signed for Infinite Reality to accept new investors
onto their capitalization table, including, without limitation, an
Accredited Investor Survey and Anti-Money Laundering Requirements,
copies of which are attached as Exhibit C hereto (the "Creditor
Investor Forms").
The Proponent has reserved June 18, 2025, at 1:30 p.m. in Courtroom
303 located at 21041 Burbank Boulevard, Woodland Hills, California
91367 for a hearing to determine whether the Court will confirm the
Plan.
Ballots must be received by the Proponent, addressed to Levene,
Neale, Bender, Yoo & Golubchik L.L.P., 2818 La Cienega Avenue, Los
Angeles, California 90034, Attention: Juliet Y. Oh, by 5:00 p.m. on
June 4, 2025.
A full-text copy of the Amended Disclosure Statement dated May 2,
2025 is available at https://urlcurt.com/u?l=2rAamf from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Ron Bender, Esq.
Monica Y. Kim, Esq.
Juliet Y. Oh, Esq.
Robert M. Carrasco, Esq.
Levene, Neale, Bender, Yoo & Golubchik, LLP
2818 La Cienega Avenue
Los Angeles, CA 90034
Tel: (310) 229-1234
Fax: (310) 229-1244
Email: rb@lnbyg.com
myk@lnbyg.com
jyo@lnbyg.com
rmc@lnbyg.com
About Action Face
Action Face, Inc., is a developer of customized selfie action
figures and avatar videos starring the user, intended to capture
memorable events in life. The company is based in Woodlands Hills,
Calif.
Action Face filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 24-10180) on
Feb. 5, 2024, listing $100,000 to $500,000 in assets and $1 million
to $10 million in liabilities. The petition was signed by Kenneth
Davis as chief executive officer.
Judge Martin R. Barash oversees the case.
Levene, Neale, Bender, Yoo & Golubchik, LLP, is the Debtor's legal
counsel.
ADVANCE COMPANIES: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: Advance Companies Inc.
350 73rd Ave NE Ste 15
Fridley, MN 55432
Business Description: Advance Companies Inc. is a family-owned
restoration and remodeling contractor based
in Fridley, Minnesota. The Company serves
the Minneapolis-St. Paul area, specializing
in water and fire damage restoration, mold
remediation, and remodeling projects. It
holds contractor licensing and
certifications, offering services including
emergency board-up and insurance claim
assistance.
Chapter 11 Petition Date: May 18, 2025
Court: United States Bankruptcy Court
District of Minnesota
Case No.: 25-41603
Judge: Hon. William J Fisher
Debtor's Counsel: John D. Lamey III, Esq.
LAMEY LAW FIRM, P.A.
980 Inwood Ave N
Oakdale, MN 55128-7094
Tel: 651-209-3550
E-mail: JLAMEY@LAMEYLAW.COM
Total Assets: $98,837
Total Liabilities: $1,515,858
The petition was signed by Roger M. Washbourne 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/3VSW6IY/ADVANCE_COMPANIES_INC__mnbke-25-41603__0001.0.pdf?mcid=tGE4TAMA
AEC PARENT: S&P Lowers ICR to 'CCC+' on Sustained Demand Pressure
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on
Jacksonville, Fla.-based ophthalmic equipment distributor AEC
Parent Holdings Inc. (dba Advancing Eyecare) to 'CCC+' from 'B-'.
At the same time, S&P lowered its issue-level rating on the
company's revolving credit facility and first-lien term loan to
'CCC+' from 'B-'. The recovery rating of '3' indicates its
expectation for meaningful (50%-70%; rounded estimate: 50%)
recovery in the event of a payment default.
The negative outlook reflects heightened uncertainty in both the
operating environment and AEC's ability to return to organic growth
that will reduce or reverse cash flow deficits over the next 12
months.
AEC is operating through prolonged weaker customer demand and
economic uncertainty that has impaired its EBITDA margins and
ability to generate free cash flow.
S&P believes the company will sustain free cash flow deficits
through 2025, straining liquidity. AEC's revolver is almost
entirely drawn, and the company will need its remaining cash to
cover fixed charges.
S&P said, "Our 'CCC+' rating reflects macroeconomic and policy
uncertainty that has led to prolonged demand weakness. AEC's
customer base, primarily private vision care practices and national
accounts, has exhibited conservative spending in response to myriad
factors including higher base interest rates and policy
uncertainty. This reduced revenue 12% in 2024, steeper than we
anticipated. We now believe the company increasingly relies on
improved market conditions to sustain its capital structure and
improve its liquidity position. While our base-case scenario for
2025 assumes a modest rebound in revenue growth of 3%-5%, supported
by structural end-market demand for high quality vision care, we
believe prolonged macroeconomic uncertainty could easily derail
this scenario. Higher-for-longer interest rates, inflationary
pressure, or broad-based tariffs would likely further delay
purchase orders, deepening cash flow deficits.
"We expect AEC will sustain free cash flow deficits amid
significant margin contraction. The company's S&P Global
Ratings-adjusted EBITDA margins declined to 6% in 2024, and we
expect modest improvement only to 7%-8% in 2025 given prevailing
demand headwinds. Management continues to take steps to align AEC's
cost structure with market dynamics. Warehouse consolidation,
elimination of discounts on freight costs, and headcount reduction
will likely offer some support to margins. Absent improved customer
demand, we do not believe these actions alone will allow enough
improvement in profitability to support a return to sustainable,
positive free cash flow. We expect a cash flow deficit of $10
million-$15 million in 2024. Combined with a mandatory term loan
amortization of $2.5 million in 2025, it means the company will
likely draw down a substantial portion of its cash balance in
2025.
"AEC's liquidity position could weaken further, necessitating
additional sponsor equity to cover fixed charges. In the latter
half of 2024, the company received an equity injection of $25
million from sponsor Cornell Capital to fund the purchase of
ophthalmic equipment distributor Eyefficient and bolster liquidity.
We initially believed this would allow AEC to weather near-term
weakness in demand and return to break-even free cash flow in 2025.
However, AEC has yet to experience an inflection point in demand
that would support an expansion of revenue or cash flow. With
approximately $20 million cash on hand and no revolver
availability, we have accordingly revised our liquidity score to
less than adequate to reflect a ratio of sources to uses of cash of
less than 1.2x and the inability of the company to withstand either
a high-impact, low-probability event or prolonged weakness in
demand without the need for external financing.
"Although not our base-case assumption, given the sponsor's
previous support of the company, its relatively recent acquisition
of AEC, and absence of near-term refinancing risk, we believe the
company could have additional equity to prevent a covenant breach
or payment delinquency.
"The negative outlook reflects heightened uncertainty in both the
operating environment and AEC's ability to return to organic growth
that will reduce or reverse cash flow deficits over the next 12
months."
S&P could lower its rating on AEC if S&P expects:
-- Sustained free cash flow deficits or significantly reduced
total available liquidity such that it cannot manage its debt
servicing obligations; or
-- An increased risk over the next 12 months of the company
needing to consider a debt amendment or exchange transaction that
S&P deems as distressed.
Although unlikely over the next 12 months, S&P could revise the
outlook to stable if AEC returns to sustainable organic growth and
positive free cash flow, allowing the company to improve its
liquidity position.
AFH AIR PROS: Seeks to Extend Plan Exclusivity to Oct. 13
---------------------------------------------------------
AFH Air Pros, LLC, and affiliates asked the U.S. Bankruptcy Court
for the Northern District of Georgia to extend their exclusivity
periods to file a plan of reorganization and obtain acceptance
thereof to October 13 and December 11, 2025, respectively.
The Debtors explain that the requested extensions of the Exclusive
Periods are necessary and appropriate to enable the companies to
finalize their Sale process, close the Sale and pursue a chapter 11
plan framework that will maximize the value of the Debtors' estates
for the benefit of all stakeholders, without interruption.
Moreover, this is the Debtors' first request for an extension of
their Exclusive Periods. Accordingly, application of certain of the
relevant factors to the facts of these Chapter 11 Cases
demonstrates that ample cause exists to grant the reasonable
extension of the Exclusive Periods requested herein.
The Debtors claim that the Chapter 11 Cases are sufficiently large
and complex to warrant the requested extension of the Exclusive
Periods. There are twenty Debtors involved in the Chapter 11 Cases,
and the Debtors have over 600 employees and operate nine business
units across multiple states. These Chapter 11 Cases are complex
because, among other things, the Debtors are implementing a Sale
process of the Debtors' nine business units that involves six
different stalking horse purchasers.
In addition, the scope of the Debtors' operations required securing
$20 million in postpetition financing, and negotiating that
financing was a lengthy and complicated process essential to
allowing the Debtors the ability to operate in the early stages of
these Chapter 11 Cases. Accordingly, the 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 assert that expiration of the Exclusive Periods would
result in the Debtors having to immediately and prematurely seek
confirmation of a chapter 11 plan or face the prospect of
litigation concerning competing plans. Each of these alternatives
is inconsistent with the purposes of section 1121 of the Bankruptcy
Code, which is to allow the debtor sufficient time and flexibility
to negotiate with its creditors without interference from other
parties in interest.
The Debtors further assert that they are not seeking an extension
of the Exclusive Periods as a negotiation tactic, to artificially
delay the conclusion of these Chapter 11 Cases, or to hold
creditors hostage to an unsatisfactory plan proposal. Rather, the
Debtors seek an extension of exclusivity so that they have
sufficient time to negotiate with their creditors and formulate a
viable chapter 11 plan that is in the best interests of their
creditors.
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 cite that allowing another party to propose a competing
chapter 11 plan at this juncture in the Chapter 11 Cases will only
hamper the Debtors' chances of negotiating a value maximizing plan
with their stakeholders upon completion of the Sale process. Thus,
the Debtors believe that an extension of the Exclusive Periods is
in the best interests of the Debtors, their estates and their
stakeholders.
Counsel for the Debtors:
David B. Kurzweil, Esq.
Matthew A. Petrie, Esq.
Greenberg Traurig, LLP
Terminus 200, 3333 Piedmont Road
NE, Suite 2500,
Atlanta, GA 30305
Tel: (678) 553-2100
About AFH Air Pros
Founded in 2017 in Fort Lauderdale, Florida, Air Pros is a
professional home services provider specializing in HVAC
installation, repair, maintenance, and air quality solutions for
residential and commercial clients. Air Pros also offer plumbing,
electrical services, and home warranties at certain locations. Air
Pros, which began with one vehicle and two employees, now operates
over 600 vehicles, employs more than 700 people, and serves
customers in eight states: Florida, Georgia, Alabama, Mississippi,
Louisiana, Texas, Colorado, and Washington.
AFH Air Pros, LLC, and 19 of its affiliates filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. N.D. Ga.) on March 16, 2025, listing estimated assets of
$100 million to $500 million, and estimated liabilities of $100
million to $500 million. The petitions were signed by Andrew D.J.
Hede as chief restructuring officer.
Judge Paul Baisier presides over the cases.
The Debtors tapped David B. Kurzweil, Esq. and Matthew A. Petrie,
Esq., at Greenberg Traurig LLP, as bankruptcy counsel; Accordion
Partners, LLC as financial advisor; and Jefferies, LLC as
investment banker. Kurtzman Carson Consultants, LLC and DBA Verita
Global serve as the Debtors' notice, claims and balloting agent and
administrative advisor.
On March 31, 2025, the Office of the United States Trustee
appointed a committee of creditors holding unsecured claims. The
committee tapped Pachulski Stang Ziehl & Jones LLP as bankruptcy
counsel, Small Herrin LLP as local counsel, and Province LLC as
financial advisor.
AKOUSTIS TECHNOLOGIES: Gets Extension to Access Cash Collateral
---------------------------------------------------------------
Akoustis Technologies, Inc. and its affiliates received another
extension from the U.S. Bankruptcy Court for the District of
Delaware to use cash collateral.
The order penned by Judge Laurie Selber Silverstein authorized the
Debtors to use cash collateral from May 23 until Aug. 22 or until
the occurrence of so-called termination events.
Termination events include the dismissal or conversion of the
Debtors' Chapter 11 cases; the appointment or election of a
trustee, examiner or any other representative with expanded powers;
the consummation or effective date of a plan of reorganization for
the Debtors; the entry of an order reversing, staying, vacating or
otherwise modifying the cash collateral order; and the entry of a
final order approving a superseding stipulation entered into by the
Debtors and Joseph Collins, the pre-bankruptcy secured creditor.
The secured creditor's interest in the pre-bankruptcy collateral is
adequately protected and, therefore, he is not entitled to any
additional protection.
Mr. Collins holds a $3.1 million secured claim against the
Debtors.
The Debtors need to use cash collateral to finalize two asset sales
worth over $35 million and pay expenses to maintain business
operations. The Debtors' expenses may exceed the amounts set forth
in the budget so long as the total cash in their bank accounts
exceeds $15 million, according to the bankruptcy court's order.
About Akoustis Technologies
Akoustis Technologies, Inc. -- http://www.akoustis.com/-- is a
high-tech BAW RF filter solutions company that is pioneering
next-generation materials science and MEMS wafer manufacturing to
address the market requirements for improved RF filters --
targeting higher bandwidth, higher operating frequencies and higher
output power compared to legacy polycrystalline BAW technology. The
Company utilizes its proprietary and patented XBAW(R)
manufacturing process to produce bulk acoustic wave RF filters for
mobile and other wireless markets, which facilitate signal
acquisition and accelerate band performance between the antenna and
digital back end. Superior performance is driven by the significant
advances of poly-crystal, single-crystal, and other high purity
piezoelectric materials and the resonator-filter process technology
which enables optimal trade-offs between critical power, frequency
and bandwidth performance specifications.
Akoustis owns and operates a 125,000 sq. ft. ISO-9001:2015
registered commercial wafer-manufacturing facility located in
Canandaigua, NY, which includes a class 100 / class 1000 cleanroom
facility -- tooled for 150-mm diameter wafers -- for the design,
development, fabrication and packaging of RF filters, MEMS and
other semiconductor devices. Akoustis is headquartered in the
Piedmont technology corridor near Charlotte, North Carolina.
Akoustis and three affiliates sought Chapter 11 protection (Bankr.
D. Del. Lead Case No. 24-12796) on Dec. 16, 2024. Akoustis
disclosed $53,371,000 in total assets against $122,586,000 in total
debt as of Sept. 30, 2024.
The Hon. Laurie Selber Silverstein is the case judge.
The Debtors tapped K&L Gates, LLP as bankruptcy counsel; Landis
Rath & Cobb, LLP as local counsel. Raymond James & Associates, Inc.
as investment banker; Getzler Henrich & Associates, LLC as
financial advisor; and C Street Advisory Group as strategic
communications advisor. Stretto is the claims agent and has
launched the page https://cases.stretto.com/Akoustis.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
ALERA GROUP: Moody's Assigns 'B3' CFR, Outlook Stable
-----------------------------------------------------
Moody's Ratings has assigned a B3 corporate family rating and B3-PD
probability of default rating to Alera Group Intermediate Holdings,
Inc. (Alera). The rating agency also assigned the following ratings
to credit facilities being issued by Alera subsidiary Alera Group,
Inc.: $600 million five-year first lien revolving credit facility
at B2, $3.06 billion seven-year first lien term loan at B2, and
$1.0 billion eight-year second lien term loan at Caa2. Alera will
use proceeds from the term loans to repay all existing borrowings,
pay related fees and expenses, and add cash to the balance sheet.
The rating outlook for these entities is stable.
RATINGS RATIONALE
Alera's ratings reflect its growing presence in US middle market
insurance brokerage; its good diversification across products,
clients, producers and insurance carriers; and its healthy EBITDA
margins. Alera ranks among the 15 largest US insurance brokers in
terms of revenue according to Business Insurance. Alera offers
property & casualty insurance and employee benefits, and to a
lesser extent, wealth and retirement plan services, mainly to
middle market commercial clients. Established as an employee
benefits firm in 2017, Alera has grown rapidly and diversified its
product mix through more than 200 acquisitions along with
mid-single-digit organic revenue growth. The company has slowed its
pace of acquisitions in recent years to work on integrating its
operations and enhancing its service offerings across seven
geographic regions of the US.
Credit challenges for Alera include its high financial leverage and
limited interest and free cash flow coverage owing to its history
of acquisitions funded mainly with debt. The acquisitions also
carry integration risk and give rise to contingent earnout
liabilities that consume a substantial portion of free cash flow.
The company is also exposed to errors and omissions in the delivery
of professional services.
Just over half of Alera's equity is held by two private equity
sponsors, Genstar and Flexpoint Ford, and just under half of the
equity is held by company managers, employees and other investors.
Moody's assignments of the new ratings takes into account the
company's governance, including financial policy, acquisition
strategy and concentrated ownership, as part of Moody's
environmental, social and governance considerations.
Giving effect to the proposed refinancing, Moody's estimates that
Alera will have a pro forma debt-to-EBITDA ratio above 7.5x (per
Moody's calculations), (EBITDA - capex) interest coverage of about
1.2x, and slightly positive free cash flow. These metrics
incorporate Moody's adjustments for operating leases, contingent
earnout liabilities, and run-rate earnings from acquisitions.
Moody's expects that Alera will reduce its financial leverage and
increase its interest and free cash flow coverage over the next
12-18 months through EBITDA growth, settlement of some contingent
earnout liabilities, and a small amount of debt repayment.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to a rating upgrade for Alera include: (i)
debt-to-EBITDA ratio below 6x, (ii) (EBITDA - capex) coverage of
interest above 2x, (iii) free-cash-flow-to-debt ratio above 5%, and
(iv) further integration of its many acquired businesses.
Factors that could lead to a rating downgrade include: (i)
debt-to-EBITDA ratio above 7.5x, (ii) (EBITDA - capex) coverage of
interest below 1.2x, (iii) free-cash-flow-to-debt ratio below 2%,
or (iv) disruptions to existing or newly acquired operations.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
Based in Deerfield, Illinois, Alera is a middle market insurance
broker offering property & casualty insurance, employee benefits,
and wealth and retirement plan services mainly to commercial
clients across the US. The company generated revenue of $1.4
billion in 2024.
AMERICAN 24: Seeks Chapter 11 Bankruptcy in Arizona
---------------------------------------------------
On May 13, 2025, American 24 LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the District of Arizona. 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 American 24 LLC
American 24 LLC is a limited liability company.
American 24 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-04328) on May 13,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Daniel P. Collins handles the case.
The Debtors are represented by Joseph G. Urtuzuastegui III, Esq. at
REI LAW FIRM.
AMERICAN WARRIOR: To Sell Finney County Property to Gardens City
----------------------------------------------------------------
American Warrior Construction Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Kansas, to sell Property, free
and clear of liens, interest, and encumbrances.
The Debtor's Property is located in Finney County, Kansas that is
consists of approximately 4.570 acres located in Garden City,
Kansas.
The Debtor wants to sell the Property to the City of Garden City,
Kansas for the price of $68,550.
The Property will be sold in its present, "as is" condition, which
no express or implied warranties.
The Property will be sold free and clear of all liens and
encumbrances of record including Tyson Fresh Meats Inc in the
amount of $400,000.00.
The Debtor intends use the proceeds of the sale to pay:
a. all unpaid real estate taxes and assessments attributable to
the real estate, including a prorata share of 2025 real estate
taxes;
b. Debtor's share of the closing expenses for title insurance,
recording fees and other related fees;
c. Realtor fee of 5% of gross sales price, or $3,427.50, due
Realtor Coldwell Banker/The Real Estate Shoppe;
d. Legal fees of Debtor related to sale in the amount of $2,500
plus court filing fee of $199;
e. The balance to be paid to Tyson to be applied to its mortgage.
If the Debtor's Motion is granted, the sales will be free and clear
of all liens and encumbrances.
About American Warrior Construction Inc.
American Warrior Construction, Inc. is a construction company based
in 118 E Laurel Garden City, KS 67846.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 24-11168) on November 14,
2024. In the petition signed by by Amro M. Samy, president, the
Debtor disclosed estimated assets of up to $50,000 and estimated
liabilities of up to $10 million.
Judge Mitchell L. Herren presides over the case.
Nicholas R. Grillot, Esq., at Hinkle Law Firm LLC represents the
Debtor as legal counsel.
ANCIOM LLC: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
Anciom, LLC got the green light from the U.S. Bankruptcy Court for
the Southern District of Florida, Fort Lauderdale Division to use
cash collateral.
The order penned by Judge Peter Russin authorized the company's
interim use of cash collateral to pay the expenses set forth in its
budget until further order of the
bankruptcy court.
Water Furnace International Inc., Specialty Capital LLC, CT
Corporation System, and Twentythreec, LLC may have a lien on the
cash held by Anciom based on their loan agreements.
As protection for the use of their cash collateral, the creditors
were granted replacement liens to the same extent as their
pre-bankruptcy liens.
Anciom must pay $1,000 per month and may pay up to $6,400 per month
into its counsel's trust account. These funds are for trustee fees
and professional services but remain property of the estate.
Undisbursed funds may be used to pay administrative claims if the
case is converted to Chapter 7 or becomes administratively
insolvent.
The next hearing is scheduled for June 11.
Specialty Capital is represented by:
Alan C. Hochheiser, Esq.
Maurice Wutscher, LLP
23611 Chagrin Blvd. Suite 207
Beachwood, OH 44122
Telephone: (216) 220-1129
Facsimile: (216) 472-8510
ahochheiser@mauricewutscher.com
About Anciom LLC
Anciom, LLC filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14970) on May 1,
2025, listing between $50,001 and $100,000 in assets and between
$500,001 and $1 million in liabilities. Linda Leali, Esq., serves
as Subchapter V trustee.
Judge Peter D. Russin oversees the case.
The Debtor is represented by:
Rachamin Cohen, Esq.
Cohen Legal Services, P.A.
1801 NE 123rd Street, Suite 314
North Miami, FL 33181
Phone: (305) 570-2326
Email: rocky@lawcls.com
ARCHROCK INC: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
-------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings
(IDR) of Archrock, Inc. (AROC) and Archrock Partners, L.P. (APLP)
(collectively, Archrock) at 'BB'. Fitch has also affirmed the
instrument rating on the senior unsecured notes co-issued by APLP
and Archrock Partners Finance Corp at 'BB' with a Recovery Rating
of 'RR4'. A cross-guarantee structure is in place between Archrock,
Inc. and Archrock Partners, L.P. The Rating Outlook is Stable.
The rating reflects Archrock's relatively stable cash flows, its
diverse customer base and large geographic footprint. The company's
short weighted-average contract term is a rating concern compared
to peers. Fitch considers Archrock's current leverage appropriate
for the rating.
The Stable Outlook reflects the currently supportive compression
market dynamics and Fitch's expectation that Archrock would
effectively manage its financial profile should fleet utilization
or compression pricing deteriorate in response to weakening
production fundamentals.
Key Rating Drivers
Stable Cash Flows: The vast majority of Archrock's EBITDA is
generated from fixed-fee take-or-pay contracts. Fitch views this
contract structure favorably as it reduces direct commodity price
exposure and volumetric risk, providing reasonable visibility into
future cash flows. Archrock's compression units are typically
contracted for an initial term between 12 months to 60 months,
depending on the unit size and application. After the initial term,
contracts continue on a month-to-month basis until terminated by
either party. Archrock's weighted-average contract life, while not
atypical for contracted compression, is short relative to the
broader midstream sector.
High Month-to-Month Exposure: A significant portion of Archrock's
horsepower (HP) operates on month-to-month contracts. Demand for
Archrock's services is closely linked to natural gas and crude oil
production, which has resulted in relatively stable revenue and
margins across commodity price cycles, especially when compared to
Oil Field Service providers. However, if demand for contract
compression declines and Archrock is unable to redeploy a
substantial share of its HP contracted on a month-to-month basis at
similar rates, it could experience meaningful earnings volatility.
Strategic Arrangements: Archrock has strategic arrangements in
place with several top customers. These bespoke arrangements
typically require customers provide Archrock with preferential
consideration for their compression needs in exchange for enhanced
product availability and favorable pricing. Although these
arrangements mitigate the company's re-contracting risk, they do
not offer explicit protection against earnings volatility
associated with declining utilization, in Fitch's view. About 80%
of Archrock's HP operates under a long-term contract or strategic
arrangement.
Capital Allocation Priorities: Archrock has demonstrated a
commitment to adhering to a conservative financial policy focused
on maintaining balance sheet strength and financial flexibility.
Over the forecast period, Fitch expects Archrock will use its cash
flow to self-fund its sizeable growth capex commitments and
increase shareholder returns through higher dividends and
opportunistic share repurchases. However, Fitch believes Archrock
would proactively divert capital towards debt repayment if leverage
were expected to be sustained above its public leverage target of
3.0x to 3.5x.
Appropriate Leverage: Fitch considers Archrock's leverage
appropriate for the current rating. Leverage increased modestly to
3.8x in 2024, according to Fitch's calculation, due to its
acquisition of TOPS in 3Q24. However, the company's commitment to
maintaining leverage within its target range was evident by the
meaningful equity consideration used to finance the acquisition.
Fitch expects leverage to fall below 3.5x in 2025 and remain near
the upper end of management's target range in 2026.
Compression Market Dynamics: Growing natural gas production and
strong demand from liquified natural gas export facilities continue
to drive robust demand for contract compression. Limited spare
capacity across the industry has supported Archrock's fleet
utilization, which remained around 95% in 2024. These favorable
market dynamics have allowed Archrock to implement price increases
across its fleet and extend contract tenors. However, if the recent
softness in crude oil prices persists, it could negatively impact
production, potentially reducing demand for HP used for gas lift
and associated gas related applications.
Growing Geographic Concentration: Archrock's compression fleet is
active in substantially all producing regions in the United States,
providing reasonable protection against regional headwinds.
Following Archrock's recent acquisitions, around half of the
company's HP is located in the Permian Basin. Fitch expects the
share of HP in the Permian will continue growing in the near-term,
driven by the high proportion of new build compression being
deployed across the basin, increasing concentration risk, albeit in
a region Fitch views favorably.
Blue Chip Customers: In 2024, Archrock's top 20 customers generated
around two-thirds of the company's revenue, with no individual
customer contribution more than 10%. Fitch estimates the
weighted-average credit quality of these customers to be 'BBB+'.
AROC has a strong track record of contract renewals, evidenced by
the longstanding relationship it has with its top 10 customers,
with an average relationship length exceeding 20 years.
Parent Subsidiary Linkage: A parent-subsidiary relationship exists
between AROC and APLP. Fitch determines AROC's standalone credit
profile (SCP) based on consolidated metrics. Fitch believes the
SCPs for AROC and APLP are the same concluding the analysis.
However, if Fitch were to assess the SCPs of AROC and APLP as
different, a high weighting would be placed on the existing
cross-guarantees. Fitch does not typically assign separate IDRs to
funding vehicles, exempting Archrock Partners Finance Corp from
consideration under the parent-subsidiary framework.
Peer Analysis
Archrock's closest peers are fellow pure-play compression services
companies Kodiak Gas Services, LLC (KGS; BB/Stable) and USA
Compression Partners, LP (USAC; BB/Stable). All three companies
generate cash flows from fixed-fee, take-or-pay contracts and are
similar in terms of size, counterparty exposure and, to a lesser
extent, geographic diversity. However, Archrock has a shorter
weighted-average contract term than KGS and USAC due to a higher
proportion of HP operating on month-to-month contracts.
Archrock and KGS have similar leverage targets, with Archrock
focused on maintaining leverage between 3.0x to 3.5x through
cycles, while KGS aims to reduce leverage to 3.5x by YE 2025. Their
capital allocation policies are also similar with both companies
having committed to limiting capex and shareholder returns to
available FCF. USAC does not have a public leverage target, and
Fitch expects the company to borrow on its revolver to maintain
distributions and support capex. Archrock's leverage in 2024 was
3.8x, which compares favorably to KGS (4.6x) and USAC (4.5x).
Archrock's higher proportion of month-to-month contracts relative
to KGS and USAC, is balanced by its lower leverage resulting in all
three issuers having the same credit rating.
Key Assumptions
- Oil and natural prices consistent with Fitch's Price Deck;
- Unit pricing and utilization moderate to align with production
levels consistent with Fitch's Price Deck;
- Total capital expenditure at the high-end of management's revised
2025 guidance;
- Declining growth capital expenditure throughout the forecast
horizon due to lower utilization of the existing fleet;
- Excess FCF directed towards increasing shareholder returns;
- Interest rates consistent with Fitch's Global Economic Outlook.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to a
Negative Rating Action/Downgrade
- EBITDA leverage expected to be above 4.5x on a sustained basis;
- An acquisition or capital expenditure project that significantly
increases business risk;
- A shift in financial policy towards material debt funded
shareholder returns.
Factors that Could, Individually or Collectively, Lead to a
Positive Rating Action/Upgrade
- EBITDA leverage sustained below 3.0x;
- A meaningful increase in the average contract life in conjunction
with a significant increase in the percent of assets operating
under term contracts longer than one month.
Liquidity and Debt Structure
As of March 31, 2025, and pro forma for the NGCS acquisition,
Archrock had $4.8 million in cash on hand and $291 million of
available borrowing capacity on its $1.1 billion asset-backed
revolving credit facility due May 2028. Fitch does not expect the
borrowing base to restrict the company's borrowing capacity at any
point during the forecast period.
Archrock's nearest maturity is April 2027. However, the
asset-backed revolving credit facility has a springing maturity if
any portion of the APLP 6.875% 2027 note remains outstanding in
December 2026, or if any of the APLP 6.25% 2028 note remains
outstanding in December 2027.
Financial covenants require AROC maintain a minimum interest
coverage of 2.50x, maximum senior secured leverage of 3.00x and
maximum total leverage of 5.25x. Total leverage may increase to
5.50x temporarily if an acquisition occurs. Archrock was in
compliance with these covenants as of March 31, 2025, and Fitch
expects the company to remain in compliance over the forecast
period.
Issuer Profile
Archrock, Inc. is a publicly traded company (NYSE: AROC) that
provides compression services to upstream and midstream companies
in the United States. Archrock specializes in contracting,
operating and maintaining large horsepower compression equipment
critical to producing, transporting and processing natural gas.
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
----------- ------ -------- -----
Archrock Partners
Finance Corp.
senior unsecured LT BB Affirmed RR4 BB
Archrock Partners,
L.P. LT IDR BB Affirmed BB
senior unsecured LT BB Affirmed RR4 BB
Archrock, Inc. LT IDR BB Affirmed BB
ART SUPPLY: SSG Served as Investment Banker in Asset Sale
---------------------------------------------------------
SSG Capital Advisors, LLC, served as the investment banker to Art
Supply Enterprises, Inc., d/b/a MacPherson's Art Supply, in the
sale of all inventory and intellectual property assets to Blick Art
Materials, LLC. The transaction was effectuated pursuant to
Article 9 of the Uniform Commercial Code and closed in May 2025.
MacPherson's is the largest provider of art and creative materials
in North America. The Company offers a broad product suite sourced
from hundreds of vendors worldwide. MacPherson's owns several
proprietary brands, including Art Alternatives, Fredrix, and Hello,
Artist!, and provides premium brand management and product
development services.
The Company's product suite, service offerings and distribution
capabilities have positioned MacPherson's as a preferred partner to
vendors, brands, and retailers in the art materials industry for
over 40 years. However, the Company has faced challenges in recent
years due to rising freight costs, supply chain disruptions, and
liquidity constraints that have impacted its ability to invest in
new inventory and product lines.
SSG was retained by MacPherson's in March 2025 to explore the
Company's strategic alternatives. SSG conducted a comprehensive
marketing process that attracted interest from both strategic and
financial parties, who engaged in a thorough review of the business
and proprietary brand portfolio. Blick provided the best solution
by acquiring the remaining inventory and select intellectual
property assets through a private UCC sale. SSG's experience in
the consumer products industry and its ability to manage complex
stakeholder dynamics enabled the Company to maximize the value of
its assets in an expedited timeframe.
Family-owned and serving artists since 1911, Blick Art Materials is
the largest provider of art supplies in the United States. The
company is headquartered in Highland Park, Illinois, and operates
over 60 retail stores nationwide. This strategic acquisition marks
Blick's formal entry into the wholesale distribution channel and
includes the launch of an independent platform to serve former
MacPherson's customers and vendors.
Other professionals who worked on the transaction include:
* Baker A. Smith, Chief Restructuring Officer of MacPherson's,
James Schwarz, Anthony Del Piano, Adam Kaplan and Bowen Smith of
BDO USA, LLP, financial advisor to MacPherson's Art Supply;
* Rachel E. Albanese, Thomas E. Gaynor, Steve Reil, David M.
Riley and Sterling Chan of DLA Piper LLP, counsel to MacPherson's
Art Supply;
* Alan D. Leib, Aaron L. Hammer, Keith H. Berk and Lauren E.
Pierotti of Kilpatrick Townsend & Stockton LLP, counsel to Blick
Art Materials; and
* Jordan Klein, James Waters, Gregory Gartland and Amila Golic
of Winston & Strawn LLP, counsel to the senior secured lender.
About SSG Capital Advisors
SSG Capital Advisors is an independent boutique investment bank
that assists middle-market companies and their stakeholders in
completing special situation transactions. It provides its clients
with comprehensive investment banking services in the areas of
mergers and acquisitions, private placements, financial
restructurings, valuations, litigation, and strategic advisory.
SSG has a proven track record of closing over 450 transactions in
North America and Europe and is a leader in the industry.
AZZ INC: Fitch Alters Outlook on 'BB' LongTerm IDR to Positive
--------------------------------------------------------------
Fitch Ratings has affirmed AZZ Inc.'s (AZZ) Long-Term Issuer
Default Rating (IDR) at 'BB' and revised the Rating Outlook to
Positive from Stable. Fitch has also affirmed AZZ's first-lien
senior secured term loan and RCF at 'BBB-' with a Recovery Rating
of 'RR1'.
The ratings reflect AZZ's leading market share in hot-dip
galvanizing and coil coating solutions, low exposure to commodity
prices, commitment to deleveraging and variable cost structure. The
ratings also consider its exposure to cyclical end-markets.
Avail Infrastructure Solutions (Avail) is a joint venture of AZZ
and Fernweh Group LLC. On May 1, 2025, Avail completed the sale of
its electrical enclosures, switchgear, and bus systems businesses
to nVent Electric plc. The Positive Outlook reflects the potential
for AZZ to significantly deleverage using its share of the sale
proceeds.
The Outlook could be revised to Stable if Fitch believes EBITDA
leverage will be sustained between 2.5x and 3.5x.
Key Rating Drivers
Improving Capital Structure: Fitch anticipates that AZZ will use a
meaningful portion of its share of the proceeds from the Avail sale
to accelerate debt paydown, resulting in leverage comfortably
within the company's net leverage target range of 1.5x-2.5x. As of
Feb. 28, 2025, Fitch calculates EBITDA net leverage at 2.6x. The
company anticipates its share of the net proceeds from the sale to
be about $200 million.
Aluminum Coil Coating Line: Fitch expects the new facility to start
generating positive FCF near term. AZZ reports that its remaining
capex of about $8 million will be spent by May 31, 2025, there is a
long-term contract for 75% of capacity, and the facility has
started to ship product. AZZ expects this project to generate
annual run-rate sales of approximately $60 million in the fiscal
year ending Feb. 28, 2027, with run-rate margins above current
Precoat Metals segment margins.
Market Leader in Niche Markets: AZZ benefits from its strong
position in niche markets and the proximity of its facilities to an
established and diversified customer base. It is also the leader in
independent hot-dip galvanizing and metal coil coating solutions,
with market shares of 28% and 23%, respectively. The company's
businesses have some barriers to entry created by its value-added
processing capabilities and sticky customer relationships. Fitch
believes that strong market share positions in core markets lead to
higher and more stable operating margins through-the-cycle.
Flexible Operating Profile: AZZ's cost structure is approximately
75% variable. Along with its cost pass-through/tolling model,
moderate capital intensity and strong profitability, this reduces
earnings downside from weak operating environments, all else being
equal.
Exposure to Cyclical End-Markets: The company serves the highly
cyclical construction (57% of FY25 sales), transportation (9%), and
industrial (8%) end-markets as well as the less cyclical consumer
and utilities end markets. Fitch believes the range of the
company's services and market position allow earnings to be fairly
resilient during soft patches. Aggregate adjusted EBITDA for the
Metals Coatings and Precoat Metals segments during the pandemic was
virtually flat with the prior period.
Balanced Approach to Capital Allocation: Fitch expects AZZ's
management to pursue small, opportunistic bolt-on merger and
acquisitions (M&A), without a durable impact to the company's
capital structure. In addition, the company resumed share
repurchases pursuant to its $100 million share repurchase program
with about $53 million remaining. Fitch expects AZZ to maintain a
balanced approach to investing for growth and providing shareholder
returns while maintaining balance sheet strength.
Peer Analysis
AZZ is modestly larger in through-the-cycle EBITDA than Kaiser
Aluminum Corporation (BB-/Stable). It has a generally higher margin
than specialty metals producers Kaiser Aluminum and Carpenter
Technology Corporation (BB+/Stable), both of which have a higher
exposure to aerospace. AZZ is more profitable, and its forecast
EBITDA is moderately larger than that of metal service center
Ryerson Holding Corporation (BB/Stable). AZZ's current EBITDA
leverage is higher than 'BB' peers but lower than Kaiser Aluminum.
Fitch expects AZZ to continue deleveraging.
Key Assumptions
- Secured overnight financing rate assumptions: FY26 at 3.95%, FY27
and FY28 at 3.6% and FY29 at 3.7%;
- Revenues grow at about 3% per year on average;
- New aluminum coil coating plant ramping up for full production by
the end of FY26;
- EBITDA margins stable at about 21%;
- Capex returning to normalized levels in FY27 and thereafter;
- One small bolt-on acquisition in FY26 and $60 million spent on
bolt-on acquisitions in each of FY27 and FY28 in the metal coatings
segment similar to historical levels;
- Debt repayment prioritized in FY 26;
- Dividends maintained.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage sustained above 3.5x;
- Sustained EBITDA margins below 15%;
- Increase in EBITDA margin volatility due to increased exposure to
cyclical markets.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustained below 2.5x;
- Sustained EBITDA margins above 20%;
- Material increase in size, scale or diversification.
Liquidity and Debt Structure
As of Feb. 28, 2025, AZZ had approximately $1.5 million of cash on
hand, and $354.6 million availability under its $400 million RCF
due 2027. Fitch expects the company to generate an average annual
FCF of about $180 million over FY26-FY29. Fitch expects AZZ to
deploy a significant portion of its FCF and asset sales proceeds
towards debt repayment to be well within its net leverage target
range of 1.5x-2.5x by the end of FY 2026.
The revolver is subject to a maximum net leverage financial
covenant of 4.5x. There are no amortizing payments under the term
loan following prepayments.
Issuer Profile
AZZ Inc. is the leading independent provider of hot-dip galvanizing
and coil coating solutions to a broad range of end-markets,
predominantly in North America.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
AZZ Inc. LT IDR BB Affirmed BB
senior secured LT BBB- Affirmed RR1 BBB-
BALKAN EXPRESS: Seeks to Sell Hyundai Vehicles
----------------------------------------------
Balkan Express, LLC, and its affiliate, Balkan Logistics, LLC, seek
permission from the U.S. Bankruptcy Court for the Northern District
of Texas, Fort Worth Division, to sell Hyundai Vehicles, free and
clear of liens, interests, and encumbrances.
The Debtors provide trucking, hauling, and logistics services
principally in Texas and the Western region of the United States.
The Debtors own hundreds of vehicles and trailers that the Debtors
use in the ordinary course of their operations. Although a
substantial portion of the Debtors' fleet consists of trucks and
trailers that the Debtors depend on to operate, with fluctuations
in the market and the changes in the demand for the Debtors
services, certain of the Debtors' equipment invariably becomes
unnecessary for the Debtors' continued operations.
Management of the Debtors continually monitors their fleet and has
determined that the following vehicles are unnecessary for the
Debtors' ongoing operations and, accordingly, seek authorization to
sell such vehicles.
2017 Hyundai Dry Van 3H3V532C2HT018050 $13,000
2017 Hyundai Dry Van 3H3V532C3HT018008 $12,000
2018 Hyundai Dry Van 3H3V532C6JT437010 $13,000
2018 Hyundai Dry Van 3H3V532C5JR160041 $13,000
The Debtors have negotiated the sale of the Hyundai Vehicles with
Superior Trailer Sales Company as proposed buyer
The Debtors believe that selling the Hyundai Vehicles represents a
reasonable exercise of sound business judgment and is in the best
interests of the Debtors' estates. The Debtors have no need for
Hyundai Vehicles and monetizing unnecessary equipment provides the
Debtors' with highly beneficial liquidity, and, conversely,
maintaining unnecessary equipment is not in the best interest of
the Debtors' estates.. The Proposed Buyer is one of the largest
trailer dealerships in the US with sales locations across Texas,
Oklahoma and Arkansas.
The Debtors intend to use any proceeds from the sale of the Hyundai
Vehicles to pay down the debt owing to
Compass Funding Solutions as Compass is in possession of the titles
of each of the Hyundai Vehicles.
The Debtors further assert that consummating the sale of the
Hyundai Vehicles on a private basis is appropriate in light of the
facts and circumstances of the Chapter 11 case and the reality of
the robust marketplace for the sale of comparable equipment against
which the Debtors and other parties in interest may benchmark the
sale processes.
About Balkan Express, LLC
Balkan Express LLC is a transportation and logistics company based
in Fort Worth, Texas, offering full truckload and
less-than-truckload freight services across the 48 contiguous U.S.
states. The Company operates a fleet of over 150 trucks and 250
trailers and offers 24/7 dispatch support with GPS tracking.
Balkan Express LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41544) on April 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million.
The Debtor is represented by Joshua N. Eppich, Esq. at BONDS ELLIS
EPPICH SCHAFER JONES LLP.
BAMBI HEALTH: Updates Restructuring Plan Disclosures
----------------------------------------------------
Bambi Health, Inc., submitted a Disclosure Statement for First
Amended Plan of Reorganization dated May 2, 2025.
Under the Plan, all existing Equity Interests will be cancelled,
and the Debtor will issue new Equity to its lenders in exchange for
a release of the debt held by those lenders. The Debtor will also
devote a significant amount of its held assets toward the payment
of Creditors.
The Plan will be funded with the funds that are not for the payment
of expenditures necessary for the continuation, preservation, or
operation of the business of the Debtor. The Plan provides for
payment of Administrative Expenses and Priority Tax Claims in
accordance with the Bankruptcy Code, and projects payment to
Allowed General Unsecured Claims.
Since the Petition Date, the Debtor has remained cashflow neutral,
and has made all postpetition payroll, tax, insurance and other
essential vendor payments. The Debtor's sales increase monthly, and
the Debtor believes that it will be able to operate cashflow
positive soon without the need for additional funding.
The Debtor commenced this chapter 11 case to implement the
restructuring through the Plan.
Like in the prior iteration of the Plan, the Debtor estimates that
General Unsecured Claims total approximately $77,585.55. Except to
the extent that a Holder of an Allowed General Unsecured Claim
agrees to a different treatment, the Debtor proposes to pay
$50,000.00 to the holders of Allowed General Unsecured Claims, in
cash, on a pro rata basis on the Effective Date or as soon as
practicable thereafter. The treatment and consideration to be
received by holders of Class 2 Allowed Claims shall be in full
settlement, satisfaction, release and discharge of their respective
Claims and Liens.
Class 3 consists of Holders of Equity Interests. Existing Equity
Interests shall be discharged, cancelled, released and
extinguished, and holders thereof shall not receive or retain any
distribution under the Plan on account of such Equity Interests.
Unless otherwise set forth in the Plan, pursuant to section 1123 of
the Bankruptcy Code and Bankruptcy Rule 9019, and in consideration
for the classification, distributions, releases, and other benefits
provided under the Plan, upon the Effective Date, the provisions of
the Plan shall constitute a good-faith compromise and settlement of
all Claims and Equity Interests and controversies resolved pursuant
to the Plan. The entry of the Confirmation Order shall constitute
the Bankruptcy Court's approval of the compromise or settlement of
all such Claims, Equity Interests, and controversies, as well as a
finding by the Bankruptcy Court that such compromise or settlement
is in the best interests of the Debtor, its Estate, and Holders of
Claims and Equity Interests and is fair, equitable, and is within
the range of reasonableness.
Except as otherwise provided in the Plan, the Debtor shall continue
to exist after the Effective Date as the Reorganized Debtor in
accordance with the laws of the State of Delaware and pursuant to
the Debtor's internal governance documents, as may be amended, for
the purposes of satisfying its obligations under the Plan and the
continuation of its business. On or after the Effective Date, the
Reorganized Debtor, in its discretion, may take such action as
permitted by applicable law and its internal governance documents,
as may be amended, as the Reorganized Debtor may determine is
reasonable and appropriate.
A full-text copy of the Disclosure Statement dated May 2, 2025 is
available at https://urlcurt.com/u?l=jkll02 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Kevin S. Mann, Esq.
Cross & Simon, LLC
1105 North Market Street, Suite 901
Wilmington, DE 19801
Tel: (302) 777-4200
Fax: (302) 777-4224
About Bambi Health
Bambi Health, Inc., is a Delaware corporation having been
incorporated on April 14, 2022.
Bambi Health filed a Chapter 11 bankruptcy petition (Bankr. D. Del.
Case No. 25-10384) on March 4, 2025. At the time of filing, the
Debtor estimated $50,001 to $100,000 in assets and $100,001 to
$500,000 in liabilities.
Judge Laurie Selber Silverstein presides over the case.
The Debtor is represented by Kevin S. Mann, Esq., of Cross & Simon,
LLC.
BEBCO ENVIRONMENTAL: Unsecureds Will Get 1% of Claims in Plan
-------------------------------------------------------------
Bebco Environmental Controls Corporation filed with the U.S.
Bankruptcy Court for the Southern District of Texas a Second
Amended Small Business Plan of Reorganization under Subchapter V
dated May 2, 2025.
The Debtor was organized on December 12, 2012 and commenced
operations in January 2013. Bebco's main business is the
manufacturing and installation of a complete range of industrial
HVAC, Pressurization & Room Air Filtration systems.
Bebco also conducts a separate business under the assumed name,
Best Purging Systems Corporation, which manufactures and sells
industrial electrical enclosure pressurization and purging units
("Purging Systems Business").
Management of Bebco have decided to sell Bebco's main business to a
company located in Houston, Texas known as Custom Controls Company
("CCC"). Management looked for a good acquisition candidate and
found CCC after considering several options. However, CCC did not
desire to acquire all of the assets of the Debtor. Thus, Debtor
decided that an auction of a substantial portion of the remaining
assets would be appropriate and in the best interests of the
bankruptcy estate and its creditors.
On August 31, 2024, the Debtor filed a Motion to (a) Approve
Employment of Auctioneer; (b) Approve the Auction of Certain Assets
of The Debtor Free and Clear Of Liens, Claims and Encumbrances, and
(c) Approve Related Relief ("Auction Sale Motion"). The Auction
Sale Motion was approved on September 9, 2024 (the "Auction Sale
Order"). The auction occurred on September 25, 2004, and the
Auction Sale Assets were sold for $229,385.00, with the Debtor
netting $194,649.20 after deductions for costs of the auction as
approved by the Bankruptcy Court.
On September 5, 2024, the Debtor filed a Motion to (a) Approve
Entry into Asset Purchase Agreement, (b) Schedule Hearing to
Approve, the Sale of Debtor's Assets, (c) Approve Form and Manner
of Notice Thereof, (d) Approve the Sale of Assets Free and Clear of
Liens, Claims and Encumbrances, and (e) Approve Related Relief (the
"CCC Sale Motion"). The CCC Sale Motion was approved on September
20, 2024, and a closing occurred on October 5, 2024, resulting in
net sales proceeds of $364,031.29, of which $114,031.29 was paid at
closing and the remaining $250,000.00 will be paid by the end of
2024, when it is expected that CCC will have implemented its
computer system that will allow the transfer of the intellectual
property.
This Plan of Reorganization proposes to pay creditors of Bebco
Environmental Controls Corporation (the Debtor) from: (1) net
proceeds from the sale of the Auction Sale Assets; (2) net proceeds
from the sale of the CCC Sale Assets; (3) net proceeds from the
sale of Unauctioned Assets, and (4) net proceeds from the operation
of the Debtor's Purging Business.
Class 4 consists of certain general, unsecured claims representing
certain critical vendors of the continuing business of Best Purging
Systems. Holders of Allowed Claims in Class 4 have been paid all of
their allowed claims either from the Combined Net Sales Proceeds or
by Mike Baucom. To the extent any claims in Class 4 remain unpaid
at the Confirmation Date, such allowed claims will be paid all
their claims within 15 days of the Confirmation Date. Additionally,
all contractually due late charges and interest associated with
such Allowed Claims will be paid in full within 15 days of the
Confirmation Date.
To the extent Mike Baucom paid all, or part, of any Allowed Claim
in Class 4 from his personal assets or funds between the Petition
Date and the Confirmation Date, he shall be subrogated to such
amount of any Allowed Claim in Class 4 upon: (1) the filing of a
Claim, with supporting documentation; (2) allowing any Party in
Interest a period of 30 days to object to the said Claim; and (3)
the entry of a final order by the Bankruptcy Court that resolves
any objection to the Claim.
Class 5 consists of General Unsecured Claims. Holders of Allowed
Claims in Class 5 will be paid pro rata shares of at least
$6,079.84 in the 60th month following the confirmation of the Plan.
Based upon the treatment of Allowed Claims listed in EXHIBIT C, it
is estimated that holders of allowed claims in Class 5 will receive
one percent of the value of their Allowed Claims as of the Petition
Date. In the event the allowed claims in Classes 1 and 2 are paid
prior to the 60th month following the Confirmation Date, the
interest payments for the remaining months of the Plan, will be
applied to pay allowed claims in Class 5 in pro rata shares. This
Class is impaired.
Class 6 consists of the equity interests of Mike Baucom, who owns
100% of the common stock of the Debtor. As a result of confirmation
of this Plan, no new stock will be issued, and no other equity
investment by a third party is anticipated. Mike Baucom will retain
that common stock issued to him. Until all Allowed Claims are paid
in accordance with this Plan, such common stock held by Mike Baucom
as of the Confirmation Date may not be sold, transferred, or
redeemed as treasury shares by any person or entity subject to this
Plan, and to the extent such stock may be transferred to another
person or entity by operation of any federal or state law, such
successor shall be bound to the terms of this Plan in the same
manner as Mike Baucom as of the Confirmation Date.
Until all Allowed Claims are paid in accordance with this Plan, no
dividends or other distributions, except as allowed in the
treatment of Allowed Claims in Class 4, will be paid to any holder
of the Reorganized Debtor's common stock. Class 6 is impaired.
By the Confirmation Date, the Debtor will have accumulated
$289,000.00 from the Combined Net Sales Proceeds from the sale of
the CCC Sale Assets and the sale of the Auction Sale Assets as
previously approved by the Court less disbursements for adequate
protection payments to the IRS and U.S. Small Business
Administration, rent due to the Debtor's former landlord, and
payments to creditors in Class 4.
As shown in projections in EXHIBIT E, these proceeds will be paid:
(1) to creditors with priority claims under Section 507(a)(8) of
the Bankruptcy Code so that such priority claims will be paid in
full, and (2) the remaining proceeds to holders of Allowed Claims
in Classes 1, 2, and 5 in pro rata amounts based upon the total of
Allowed Claims in the said classes. The remaining source of funds
for distribution will be the projected net income from the
remaining business of the Debtor, operating as Best Purging
Systems.
A full-text copy of the Second Amended Plan dated May 2, 2025 is
available at https://urlcurt.com/u?l=5G3xQ9 from PacerMonitor.com
at no charge.
Counsel for the Debtor:
Leonard H. Simon, Esq.
William P. Haddock, Esq.
Pendergraft & Simon, LLP
2777 Allen Parkway, Suite 800
Houston, TX 77019
Telephone: (713) 528-8555
Facsimile: (713) 868-1267
About Bebco Environmental Controls
Bebco Environmental Controls Corporation offers a complete range of
industrial HVAC, pressurization & room air filtration solutions for
electrical enclosures, shelters & buildings in oil refineries,
chemical manufacturing plants, offshore rigs & other facilities
with hazardous electrical classified areas & corrosive
environments.
Bebco Environmental Controls filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Tex. Case No.
24-80258) on Aug. 30, 2024. In the petition signed by Michael K.
Baucom, president & CEO, the Debtor disclosed up to $100,000 in
assets and up to $10 million in liabilities.
Leonard H. Simon, Esq., at Pendergraft & Simon, LLP, is the
Debtor's bankruptcy counsel.
BEELINE HOLDINGS: CAO Tiffany Milton Holds 491 Direct Shares
------------------------------------------------------------
Tiffany Milton, Chief Accounting Officer in Beeline Holdings, Inc.,
disclosed in a Form 3 filed with the U.S. Securities and Exchange
Commission that as of April 25, 2025, she beneficially owned 491
shares of Common Stock directly, 3 shares of Common Stock
indirectly through IRA, 5 shares of Common Stock indirectly through
Roth IRA, and 10 shares of Common Stock indirectly through her
daughter.
A full-text copy of Ms. Milton's SEC Report is available at:
https://tinyurl.com/4xt6aumh
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.
BEN FACKLER: Seeks Chapter 11 Bankruptcy in Oregon
--------------------------------------------------
On May 15, 2025, Ben Fackler Construction Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of Oregon.
According to court filing, the Debtor reports $5,832,743 in
debt owed to 100 and 199 creditors. The petition states funds will
be available to unsecured creditors.
About Ben Fackler Construction Inc.
Ben Fackler Construction Inc., d/b/a Fackler Construction Company,
provides commercial and residential construction services in the
Portland, Oregon metro area, including McMinnville and nearby
communities. The Company offers a range of services from remodeling
to custom design -build projects. Founded and led by Ben Fackler
for over 25 years, the business operates as a family-run
enterprise.
Ben Fackler Construction Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Or. Case No. 25-31621) on May 15,
2025. In its petition, the Debtor reports total assets of $641,841
and total liabilities of $5,832,743.
Honorable Bankruptcy Judge Peter C. Mckittrick handles the case.
The Debtors are represented by Keith Y. Boyd, Esq. at KEITH Y.
BOYD, P.C.
BEST CHEER: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------
Debtor: Best Cheer Stone, Inc.
3190 E. Miraloma Ave.
Anaheim, CA 92806
Business Description: Best Cheer Stone, Inc. supplies natural and
engineered stone products, including
granite, marble, and quartzite, for
residential and commercial use.
Headquartered in Anaheim, California, the
Company operates a vertically integrated
business with global quarries and
manufacturing facilities. Established in
1994, it also offers prefabricated
countertops, cabinets, and related home
improvement materials.
Chapter 11 Petition Date: May 19, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-11344
Judge: Hon. Scott C Clarkson
Debtor's Counsel: Robert P. Goe, Esq.
GOE FORSYTHE & HODGES LLP
17701 Cowan
Lobby D, Suite 210
Irvine, CA 92614
Tel: (949) 798-2460
E-mail: rgoe@goeforlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Yanlin "Kathy" Xu 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/HZMLFAI/Best_Cheer_Stone_Inc__cacbke-25-11344__0001.0.pdf?mcid=tGE4TAMA
BLACKFORD ATM: Founder Faces Fraud Allegations in Investor Lawsuit
------------------------------------------------------------------
Randi Love of Bloomberg Law reports that multiple investment funds
have sued the bankrupt founder of an ATM network operator, alleging
he misappropriated their investments and acted with malicious
intent.
In a complaint filed on Thursday, May 15, 2025, in the U.S.
Bankruptcy Court for the District of New Jersey, the funds claim
that Daryl Fred Heller, CEO of the firm behind Blackford ATM
Ventures Fund D LLC, left roughly 2,700 investors across 25 funds
with "worthless investments and far fewer ATM assets" than they
were promised.
About Blackford ATM Ventures
Blackford ATM Ventures is an ATM operator based in Pennsylvania.
Silverview Credit Partners LP sought involuntary Chapter 7 petition
against Blackford under the U.S. Bankruptcy Code (Bankr. D. Del.
Case No. 25-10112) on January 21, 2025.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
BLINK CHARGING: Considers Restructuring, to Cut Global Workforce
----------------------------------------------------------------
Susanne Barton of Bloomberg News reports that Blink Charging has
announced a restructuring initiative that will cut its global
workforce by around 20%. The company says the decision is intended
to streamline operations, boost flexibility, and better align its
resources with strategic goals.
The restructuring is projected to deliver more than $11 million in
annualized savings. Blink expects to incur related costs of between
$1 million and $1.5 million, covering severance payments, employee
benefits, and other restructuring expenses, according to Bloomberg
News.
The workforce reduction is expected to be finalized by the end of
the third quarter, the report states.
About Blink Charging
Based in Miami Beach, Florida, Blink Charging Co. (OTC: CCGID)
f/k/a Car Charging Group Inc. -- http://www.CarCharging.com/-- is
a manufacturer, owner, operator, and provider of electric vehicle
("EV") charging equipment and networked EV charging services in the
rapidly growing U.S. and international markets for EVs. Blink
offers residential and commercial EV charging equipment and
services, enabling EV drivers to recharge at various locations.
Blink's principal line of products and services is its Blink EV
charging networks and Blink EV charging equipment, also known as
electric vehicle supply equipment ("EVSE"), and other EV-related
services.
Blink Charging reported a net loss of $203.69 million in 2023, a
net loss of $91.56 million in 2022, a net loss of $55.12 million in
2021, a net loss of $17.85 million in 2020, a net loss of $9.65
million in 2019, and a net loss of $3.42 million in 2018. Blink
Charging reported a net loss of $37.23 million for the six months
ended June 30, 2024.
BUFFALO HOUSE: Mark Schlant Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 2 appointed Mark Schlant, Esq., at
Zdarsky, Sawicki & Agostinelli, LLP as Subchapter V trustee for
Buffalo House Liquor and Wines, LLC.
Mr. Schlant will be paid an hourly fee of $320 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Schlant declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mark J. Schlant, Esq.
Zdarsky, Sawicki & Agostinelli, LLP
1600 Main Place Tower
350 Main St.
Buffalo, NY 14202
Phone: (716) 855-3200
Email: mschlant@zsalawfirm.com
About Buffalo House Liquor
Buffalo House Liquor and Wines, LLC filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code ((Bankr. W.D.N.Y. Case No.
25-10513) on May 5, 2025, with $100,001 to $500,000 in assets and
$500,001 to $1 million in liabilities.
Judge Carl L. Bucki oversees the case.
Robert B. Gleichenhaus, Esq., at Gleichenhaus, Marchese & Weishaar,
P.C. represents the Debtor as legal counsel.
BUTLER GROUP: Seeks Chapter 11 Bankruptcy in Columbia
-----------------------------------------------------
On May 14, 2025, Butler Group LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the District of Columbia. According
to court filing, the Debtor reports $2,163,145 in debt owed to 1
and 49 creditors. The petition states funds will not be available
to unsecured creditors.
About Butler Group LLC
Butler Group LLC owns a real estate property at 1601 North Portal
Drive NW, Washington, D.C., with an estimated value of $1.2
million.
Butler Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.C. Case No. 25-00181) on May 14, 2025.
In its petition, the Debtor reports total assets of $1,275,339 and
total liabilities of $2,163,145.
The Debtors are represented by William C. Johnson, Jr., Esq. at THE
JOHNSON LAW GROUP, LLC.
CAN’T COOK: Hearing on Bid to Use Cash Collateral Set for May 28
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Florida,
Panama City Division is set to hold a final evidentiary hearing on
May 28 to consider Can't Cook Right, LLC's motion to use cash
collateral.
The company previously obtained an order authorizing interim use of
cash collateral to pay the expenses set forth in its budget pending
a final evidentiary hearing.
Can't Cook Right has minimal primary secured obligations which
consist of a loan through point-of-sale system Square in an amount
of $40,079.08; and a variety of merchant cash advance (MCA) lenders
who may attempt to claim a lien on cash collateral despite not
having properly filed UCC-1 financing statements. Other lenders
including Global Merchant Cash, Inc and an unknown company
represented by CT Corporation Systems filed UCC-1 financing
statements.
Can't Cook Right does not believe these lenders have a lien on the
cash collateral.
As of the petition date, the company's cash collateral was
comprised of cash in the amount of $8,117.242.
About Can't Cook Right
Can't Cook Right, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-50074) on April
21, 2025, listing up to $50,000 in assets and between $100,001 and
$500,000 in liabilities.
The Debtor is represented by:
Michael Austen Wynn, Esq.
Wynn & Associates PLLC
Tel: 850-303-7800
Email: michael@wynnlaw-fl.com
CBRM REALTY: Case Summary & 30 Largest Unsecured Creditors
----------------------------------------------------------
Lead Debtor: CBRM Realty Inc.
100 Franklin Square Drive, Suite 401
Somerset NJ 08873
Business Description: CBRM Realty is a Somerset, New Jersey-based
real estate investment firm.
Chapter 11 Petition Date: May 19, 2025
Court: United States Bankruptcy Court
District of New Jersey
Ten affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
CBRM Realty Inc. (Lead Case) 25-15343
RH Lakewind East LLC 25-15344
RH Windrun LLC 25-15345
RH Copper Creek LLC 25-15346
RH New Orleans Holdings MM LLC 25-15347
RH New Orleans Holdings LLC 25-15348
RH Chenault Creek LLC 25-15349
Kelly Hamilton Apts MM LLC 25-15350
Crown Capital Holdings LLC 25-15351
Kelly Hamilton Apts LLC 25-15352
Judge: Hon. Michael B Kaplan
Debtors'
Bankruptcy
Counsel: Andrew Zatz, Esq.
Barrett Lingle, Esq.
WHITE & CASE LLP
1221 Avenue of the Americas
New York, New York 10020
Tel: (212) 819-8200
Email: azatz@whitecase.com
barrett.lingle@whitecase.com
- and -
Gregory F. Pesce, Esq.
Adam Swingle, Esq.
WHITE & CASE LLP
111 South Wacker Drive
Chicago, Illinois 60606
Tel: (312) 881-5400
E-mail: gregory.pesce@whitecase.com
adam.swingle@whitecase.com
Debtors'
Co-Bankruptcy
Counsel: Kenneth A. Rosen, Esq.
KEN ROSEN ADVISORS PC
80 Central Park West
New York, New York 10023
Tel: (973) 493-4955
E-mail: ken@kenrosenadvisors.com
Debtors'
Financial
Advisor: ISLANDDUNDON LLC
Estimated Assets
(on a consolidated basis): $100 million to $500 million
Estimated Liabilities
(on a consolidated basis): $100 million to $500 million
The petitions were signed by Elizabeth A. LaPuma independent
fiduciary.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/65ZYQSY/CBRM_Realty_Inc__njbke-25-15343__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Customers Bank Unsecured Notes $41,500,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
2. Federated Insurance Unsecured Notes $32,000,000
Companies
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
3. Cincinnati Financial Unsecured Notes $29,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
4. Spano Investor LLC Judgment Creditor $22,360,805
787 7th Avenue, 13th Floor
New York, New York 10019
Attn: Adam C. Rogoff
Tel: (212) 715-9285
Email: ARogoff@kramerlevin.com
5. Sagicor Life Insurance Unsecured Notes $16,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
6. AQS LLC Unsecured Notes $12,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
7. Adams Bank & Trust Unsecured Notes $12,000,000
Attn: Bruce Morgan
Email: bruce@galacticlitigation.com
8. CKD Funding LLC Mortgage $10,927,319
Attn: William A. Goldman
Tel: (212) 745-9546
Email: william.goldman@afslaw.com
9. Bar Harbor Bank & Trust Unsecured Notes $9,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
10. CFBank Unsecured Notes $7,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
11. Thompson Investment Unsecured Notes $7,000,000
Management
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
12. NexBank Unsecured Notes $7,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
13. LL Funds Unsecured Notes $4,750,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
14. Cleveland International Fund Mortgage $4,500,000
Attn: Adam Blackman
Tel: (216) 245-0609
Email: Blackman@Cleveland
internationalfund.com
15. First Dakota Financial Unsecured Notes $3,000,000
Corporation
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
16. NFC Investments Unsecured Notes $3,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
17. Calamos Advisors LLC Unsecured Notes $3,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
18. Citizens State Bank Unsecured Notes $2,500,000
(Ontonagon)
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
19. American Financial Group (AMM) Unsecured Notes $2,500,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
20. Gulf Coast Bank & Trust Company Unsecured Notes $2,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
21. NexAnnuity Unsecured Notes $2,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
22. Strada Education Network Unsecured Notes $1,500,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.co
23. Cattaraugus County Bank Unsecured Notes $1,500,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
24. AmeriServ Financial, Inc. Unsecured Notes $1,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
25. Jacques de Saint Phalle Unsecured Notes $1,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
26. John Beckelman Unsecured Notes $1,000,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
27. LAGSP LLC Services $821,000
4507 Pond Hill Road
San Antonio, Texas 78231
Attn: Justin Utz
Tel: (210) 733-6133
Email: JUtz@lynd.com
28. Lynd Management Group Services $544,734
4507 Pond Hill Road
San Antonio, Texas 78231
Attn: Justin Utz
Tel: (210) 733-6133
Email: JUtz@lynd.com
29. Verimore Bank/First Unsecured Notes $500,000
Missouri Bank
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
30. VR Asset Management Unsecured Notes $500,000
Attn: James Millar
Tel: (212) 248-3264
Email: james.millar@faegredrinker.com
CD&R SMOKEY: S&P Lowers ICR to 'B-' on Operating Underperformance
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Knoxville,
Tenn.-based CD&R Smokey Buyer Inc. (PetSafe) to 'B-' from 'B' and
its issue-level rating on its senior secured notes to 'B-' from
'B'. S&P's '3' recovery rating on the notes is unchanged,
indicating our expectation for meaningful (50%-70%; rounded
estimate: 50%) recovery in the event of a payment default.
The stable outlook reflects S&P's expectation that PetSafe will
stabilize its EBITDA and cash flow through cost reductions
(particularly in marketing) as it implements its operating strategy
to restore sales growth.
In fiscal year 2024, PetSafe underperformed S&P's expectations,
causing its credit metrics to breach its downside triggers. The
downgrade reflects the company's deteriorating credit profile,
including the spike in its S&P Global Ratings-adjusted leverage to
7.4x and EBITDA interest coverage of 1.7x as of the end of fiscal
year 2024, primarily due to its weak operating performance in the
second half of the year. PetSafe's sales to its key online and
retail customers declined significantly in the fourth quarter due
to higher-than-expected inventory de-stocking, coupled with its
inability to realize anticipated improvement in its sales growth
from the planned increases in its marketing spending. In
particular, the company's online sales faced increased competition
from new entrants in waste management offering lower-priced
products. These factors led to a nearly 10% decline in PetSafe's
revenue and an 18% contraction in its S&P Global Ratings-adjusted
EBITDA year over year in fiscal year 2024.
The company's underperformance has prompted management to explore
strategic changes to remedy its sales declines and preserve its
EBITDA. These strategic shifts will likely include higher
utilization of analytics to increase its focus on underserved
categories with market share white space, as well as targeted
advertising for optimal marketing spending in geographic areas with
low rates of yard fencing to bolster its invisible fence sales.
Management is also exploring software to increase the
competitiveness of its bids on Amazon. The company's shift toward
more-efficient marketing strategies may take time to yield results,
which increases the risk of continued underperformance. As such,
S&P expects PetSafe's top-line revenue will remain pressured and
decline by the low-to-mid-single digit percent range in fiscal year
2025.
The company's efforts to improve its marketing efficiency and
reduce its operating costs could mitigate EBITDA deterioration but
remains uncertain. S&P said, "We expect PetSafe's efforts to
increase the effectiveness of its marketing and elevate its focus
on profit and loss efficiencies and selling, general, and
administrative (SG&A) expense audits could help it stabilize its
EBITDA, though we expect its leverage will remain elevated above
7x. The company's plans to reduce its marketing spending to 6% of
sales in fiscal year 2025, from 8% of sales in fiscal year 2024,
will likely provide it with material savings and aid it in
preserving its EBITDA. Furthermore, we forecast the SG&A audits,
along with the reduction in its marketing expense, will reduce its
SG&A costs by 5%. That said, we believe the risk for a continued
underperformance is high, given that it will likely take time for
PetSafe's strategy to take hold and lead to a material improvement
in its profitability."
PetSafe's supply chain is highly outsourced to China and Vietnam,
thus the U.S.' recent tariff policies will likely pressure its
input costs and slow its recent gross margin performance momentum.
S&P said, "We expect the company will execute certain tariff
mitigation strategies, including continuing to move production to
Vietnam, which is an effort that has been a strategic priority for
management for some time. This will likely reduce the impact of
tariffs on its performance, given that imports from Vietnam to the
U.S. face tariffs of just 10%, which compares with the all-in
tariffs of 30% on imports from China. However, the tariffs on
imports from Vietnam could increase after the expiration of the
90-day reprieve, which would further weaken PetSafe's operating
performance. Moreover, we believe the company will be able to
negotiate material tariff cost sharing agreements with its
suppliers, which could mitigate some of the tariff impacts (though
the risks to its margin remain). We believe the upside for the
company's gross margin is currently capped, particularly following
the material tailwinds it experienced in 2024 from lower input and
freight costs."
The company's interest coverage will remain weak following the
October 2024 refinancing of its senior secured notes with a 9.5%
coupon. S&P said, "We expect PetSafe's interest coverage will
remain weak due to the higher interest expense burden from its new
capital structure. We believe the company will need to increase its
EBITDA relative to its 2024 levels to sustain interest coverage of
more than 1.5x. Assuming it can mitigate the expected tariff costs,
we anticipate PetSafe would generate modestly positive free
operating cash flow (FOCF), which follows the $7 million deficit it
generated in fiscal year 2024, due to its planned cost reductions.
Under our base-case forecast, we assume the company will generate
FOCF of about $5 million in fiscal year 2025, increasing to $12
million in fiscal year 2026. Notwithstanding our expectation for
positive FOCF generation, we do not consider PetSafe's weak
interest coverage to be consistent with the 'B' rating. Therefore,
a further underperformance relative to our base case could prevent
the company from generating positive FOCF and compromise its
ability to service its debt if it is unable to execute a successful
implementation of its strategic plan."
S&P said, "The stable outlook reflects our expectation that PetSafe
will stabilize its EBITDA and cash flow through cost reductions
(particularly in marketing) as it implements its strategy to
restore sales growth. We expect it will take time for the company
to realize the benefits from its strategic efforts and expect its
leverage will remain elevated above 7x as it generates a modest
FOCF deficit in fiscal year 2025. That said, the company's
liquidity remains adequate, given that it does not face any
near-term maturities (following the October 2024 refinancing) or
material restrictions on its working capital borrowings, which we
believe will provide it with time to implement its new growth
strategy."
S&P could lower its ratings on PetSafe if it does not perform
in-line with its base case such that it sustains EBITDA interest
coverage of below 1.5x or generates persistent FOCF deficits. This
could occur if:
-- Consumer discretionary income remains pressured, leading to a
weak point-of-sale (POS) performance, and cheaper competition in
the marketplace effectively undercuts PetSafe in its digital
business;
-- Margins contract due to higher input costs, possibly
exacerbated by unfavorable changes to U.S. tariff policy, that it
is unable to mitigate;
-- Renewed supply chain disruptions and a macroeconomic slowdown
lead to a higher-than-expected working capital build, causing it to
generate negative FOCF; or
-- The company is unable to effectively take costs out of the
business to preserve its EBITDA as top-line revenue remains
challenged.
S&P could raise its ratings on PetSafe if it sustains leverage of
below 6.5x and its EBITDA interest coverage approaches 2x. This
could occur if:
-- The company pays down its high-interest senior secured notes;
Industry specific headwinds, such as retailer de-stocking and
increased competition, moderate;
-- The company successfully preserves its EBITDA and takes costs
out of the business through lower marketing spending and elevated
SG&A discipline;
-- The business impact from U.S. tariffs is muted and the company
successfully mitigates its margin compression through tariff cost
sharing with its original equipment manufacturer (OEM) partners and
the further shifting of its production away from China; and
-- The company successfully manages its working capital such that
it can return to positive FOCF generation.
CHAR GRILL: Gets Extension to Access Cash Collateral
----------------------------------------------------
Char Grill Benson, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina,
Raleigh Division, to use cash collateral.
The court order authorized the company to use cash collateral in
accordance with its budget, with a 10% variance. The budget shows
total operational expenses of $126,878.85 for the period from May 2
to June 1.
As protection for the use of their cash collateral, secured
creditors were granted a lien on the company's revenue and other
assets acquired post-petition to the same extent and priority as
they had prior to the company's bankruptcy filing.
The secured creditors are Northeast Bank, the U.S. Small Business
Administration, BayFirst National Bank, Kapitus, LLC, and
BoomFunded.
The next hearing is scheduled for June 3.
About Char Grill Benson
Char Grill Benson, LLC is a local fast-food chain in Benson, N.C.,
serving charcoal-grilled burgers, fries and shakes.
Char Grill Benson filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-00459) listing
up to $50,000 in assets and between $1 million and $10 million in
liabilities. Jennifer K. Bennington serves as Subchapter V
trustee.
Judge David M. Warren presides over the case.
Philip Sasser, Esq., at Sasser Law Firm is the Debtor's bankruptcy
counsel.
BayFirst National Bank, as secured creditor, is represented by:
Phillip M. Fajgenbaum, Esq.
Parker Poe Adams & Bernstein, LLP
620 South Tryon Street, Suite 800
Charlotte, NC 28202
Telephone: (704) 372-9000
phillipfajgenbaum@parkerpoe.com
CHICKEN SHACK: Gets OK to Use Cash Collateral
---------------------------------------------
Chicken Shack, LLC got the green light from the U.S. Bankruptcy
Court for the Northern District of Florida, Tallahassee Division to
use cash collateral.
The order penned by Judge Karen Specie authorized the company's use
of cash collateral to pay ordinary monthly expenses and all
court-approved fees.
As protection, JPMorgan Chase Bank, NA was granted security
interest in and lien on all of the company's post-petition personal
property, including accounts receivable.
In addition, JPMorgan will continue to receive a monthly payment of
$1,000 until confirmation of its Chapter 11 plan. The payment
started In March.
JPMorgan Chase Bank is represented by:
Ryan C. Reinert, Esq.
Bridget M. Dennis, Esq.
Shutts & Bowen LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, FL 33607
Telephone: (813) 229-8900
rreinert@shutts.com
bdennis@shutts.com
About Chicken Shack
Chicken Shack, LLC is a restaurant business located in Tallahassee,
Fla. It operates as Krispy Krunchy Chicken and formerly known as
Fresh 2 Go Cafe, LLC.
Chicken Shack filed Chapter 11 petition (Bankr. N.D. Fla. Case No.
25-40014) on January 14, 2025, listing up to $50,000 in assets and
between $100,000 and $500,000 in liabilities.
Judge Karen K. Specie handles the case.
The Debtor is represented by Robert C. Bruner, Esq., at Bruner
Wright, PA in Tallahassee, Fla.
CLAROS MORTGAGE: CMTG WF Cuts Facility, Extends Maturity to 2026
----------------------------------------------------------------
Claros Mortgage Trust Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that CMTG WF
Finance LLC, a subsidiary of the Company, entered into that certain
Amendment No. 4 to Master Repurchase and Securities Contract with
Wells Fargo Bank, National Association.
The amendment, among other things, decreased the maximum facility
amount to $500 million, extended the facility maturity date to
April 30, 2026, and provided for two one-year options to further
extend the facility maturity date to April 30, 2028.
A full-text copy of the Amendment No. 4 is available at
https://tinyurl.com/3t3ewbvf
About Claros Mortgage Trust Inc.
Claros Mortgage Trust Inc. -- https://www.clarosmortgage.com/ -- is
a real estate investment trust that is focused primarily on
originating senior and subordinate loans on transitional commercial
real estate assets located in major markets across the U.S. CMTG is
externally managed and advised by Claros REIT Management LP, an
affiliate of Mack Real Estate Credit Strategies, L.P.
* * *
In Feb. 2025, S&P Global Ratings lowered its issuer credit rating
on Claros Mortgage Trust Inc. (CMTG) to 'CCC+' from 'B-'. The
outlook is negative. S&P also lowered its issuer credit rating on
CMTG's senior secured debt to 'CCC+' from 'B-'.
The downgrade follows the company's increased liquidity pressures
and its ongoing asset sales to raise liquidity. CMTG's total
available liquidity further declined to $98 million as of Feb. 17,
2024, from $102 million at year-end 2024 and $238 million as of
year-end 2023. Additionally, the company modified its minimum cash
liquidity covenant related to its secured funding to 3% of total
recourse indebtedness (from 5% of total recourse indebtedness) for
the first two quarters of 2025.
CM CUSTOM: Beverly Brister Named Subchapter V Trustee
-----------------------------------------------------
The Acting U.S. Trustee for Region 13 appointed Beverly Brister,
Esq., a practicing attorney in Benton, Ark., as Subchapter V
trustee for CM Custom Siding, LLC.
Ms. Brister will be paid an hourly fee of $360 for her services as
Subchapter V trustee. Should travel be required outside of Saline
or Pulaski Counties, the Subchapter V trustee will seek a
compensation rate of $100 per hour for actual travel time
incurred.
Ms. Brister declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee
can be reached at:
Beverly I. Brister, Esq.
Attorney at Law
212 W. Sevier
Benton, AR 72015
Phone: 501-778-2100
Email: bibristerlaw@gmail.com
About CM Custom Siding
CM Custom Siding, LLC is a construction company based in Traskwood,
Ark.
CM Custom Siding 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 reported up to $50,000 in assets
and between $100,000 and $500,000 in liabilities.
Judge Bianca M. Rucker handles the case.
The Debtor is represented by Vanessa Cash Adams, Esq., at AR Law
Partners, PLLC.
COLONIAL GARDENS: Claims to be Paid From Continued Operations
-------------------------------------------------------------
Colonial Gardens Trenton Proud, LLC and affiliates filed with the
U.S. Bankruptcy Court for the District of New Jersey a Disclosure
Statement describing Joint Plan of Reorganization dated May 3,
2025.
The Debtors own residential apartment buildings located in Trenton,
New Jersey.
The Edgewood Gardens Property, the Edgewood Manor Property, the
Edgewood Commons Property, the Bruce Park Property and the Sanhican
Property are collectively referred to herein as the "Edgewood
Properties," and together with the Colonial Garden Property are
referred herein as the "Properties." The respective Debtors which
own the Edgewood Properties are collectively referred to herein as
the "Edgewood Debtors."
The Debtors are ultimately managed, and substantially owned by,
Thomas J. Caleca. Mr. Caleca has continued to manage the Debtors
during the bankruptcy proceedings. Mr. Caleca has executed personal
guarantees of Edgewood Loan and the Colonial Loan.
Class A-2 consists of General Unsecured Claims against Colonial
Gardens. The allowed unsecured claims total $225,000. In the event
of a refinance of the Axonic Class A-1 Claim on or before September
1, 2026, Class A-2 Claims will receive a pro rata share of the net
proceeds of such refinance after satisfaction of such Axonic Claim,
subject to the priority scheme of the Bankruptcy Code, until such
A-2 Claims are paid in full. In the event such net proceeds are
insufficient to satisfy Class A-2 Claims in full, Class A-2 Claims
will thereafter receive, on a quarterly basis, a pro rata share of
the Debtor's disposable income until the earlier of (a) payment in
full, or (b) the 5-year anniversary of the effective date.
Class B-3 consists of General Unsecured Claims against Edgewood
Gardens. The allowed unsecured claims total $25,000. In the event
of a refinance of the Axonic Class B-1 Claim on or before September
1, 2026, Class B-3 Claims will receive a pro rata share of the net
proceeds of such refinance after satisfaction of Axonic Claim,
subject to the priority scheme of the Bankruptcy Code, until such
B-3 Claims are paid in full. In the event such net proceeds are
insufficient to satisfy Class B-3 Claims in full, Class B-3 Claims
will thereafter receive on a quarterly basis, a pro rata share of
the Debtor's disposable income until the earlier of (a) payment in
full, or (b) the 5-year anniversary of the effective date.
Class C-3 consists of General Unsecured Claims against Edgewood
Commons. The allowed unsecured claims total $40,000. In the event
of a refinance of the Axonic Class C-1 Claim on or before September
1, 2026, Class C-3 Claims will receive a pro rata share of the net
proceeds of such refinance after satisfaction of such Axonic Claim,
subject to the priority scheme of the Bankruptcy Code, until such
C-3 Claims are paid in full. In the event such net proceeds are
insufficient to satisfy Class C-3 Claims in full, Class C-3 Claims
will thereafter receive, on a quarterly basis, a pro rata share of
the Debtor's disposable income until the earlier of (a) payment in
full, or (b) the 5-year anniversary of the effective date.
Class D-3 consists of General Unsecured Claims against Edgewood
Manor. The allowed unsecured claims total $43,000. In the event of
a refinance of the Axonic Class D-1 Claim on or before September 1,
2026, Class D-3 Claims will receive a pro rata share of the net
proceeds of such refinance after satisfaction of such Axonic Claim,
subject to the priority scheme of the Bankruptcy Code, until such
D-3 Claims are paid in full. In the event such net proceeds are
insufficient to satisfy Class D-3 Claims in full, Class D-3 Claims
will thereafter receive, on a quarterly basis, a pro rata share of
the Debtor's disposable income until the earlier of (a) payment in
full, or (b) the 5-year anniversary of the effective date.
Class E-3 consists of General Unsecured Claims against Bruce Park.
The allowed unsecured claims total $40,000. In the event of a
refinance of the Axonic Class E-1 Claim on or before September 1,
2026, Class E-3 Claims will receive a pro rata share of the net
proceeds of such Axonic Claim, subject to the priority scheme of
the Bankruptcy Code, until such E-3 Claims are paid in full. In the
event such net proceeds are insufficient to satisfy Class E-3
Claims in full, Class E-3 Claims will thereafter receive, on a
quarterly basis, a pro rata share of the Debtor's disposable income
until the earlier of (a) payment in full, or (b) the 5-year
anniversary of the effective date.
Class F-3 consists of General Unsecured Claims against Sanhican.
The allowed unsecured claims total $55,000. In the event of a
refinance of the Axonic Class F-1 Claim on or before September 1,
2026, Class F-3 Claims will receive a pro rata share of the net
proceeds of such refinance after satisfaction of such Axonic Claim,
subject to the priority scheme of the Bankruptcy Code, until such
F-3 Claims are paid in full. In the event such net proceeds are
insufficient to satisfy Class F-3 Claims in full, Class F-3 Claims
will thereafter receive, on a quarterly basis, a pro rata share of
the Debtor's disposable income until the earlier of (a) payment in
full, or (b) the 5-year anniversary of the effective date.
The Plan will be funded through each of the Debtors' continued
operation of their respective real properties and collection of
rents in connection therewith.
A full-text copy of the Disclosure Statement dated May 3, 2025 is
available at https://urlcurt.com/u?l=5KZGoU from PacerMonitor.com
at no charge.
Counsel to the Debtors:
Douglas J. McGill, Esq.
Webber McGill LLC
100 E. Hanover Avenue, Suite 401
Cedar Knolls, NJ 07927
Telephone: (973) 739-9559
Email: dmcgill@webbermcgill.com
About Colonial Gardens Trenton Proud
Colonial Gardens Trenton Proud LLC is primarily engaged in renting
and leasing real estate properties.
Colonial Gardens Trenton Proud and its affiliates filed their
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. D.N.J. Lead Case No. 24-16185) on June 20, 2024. In
the petitions signed by Thomas J. Caleca, managing member, Colonial
Gardens Trenton Proud disclosed up to $50,000 in assets and up to
$10 million in liabilities.
Judge Vincent F. Papalia oversees the cases.
The Debtors tapped Douglas J. McGill, Esq., at Webber McGill LLC,
as counsel and The Meglio Group, PC, as accountant.
COMMUNITY HEALTH: Morgan Stanley Cuts Stake Below 5%
----------------------------------------------------
Morgan Stanley disclosed in a Schedule 13G (Amendment No. 1) filed
with the U.S. Securities and Exchange Commission that as of March
31, 2025, it beneficially owned 2,783,752 shares of Community
Health Systems Inc.'s common stock, representing 2% of the class.
These shares include 2,773,641 shares with shared voting power and
2,783,752 shares with shared dispositive power. Morgan Stanley has
ceased to be the beneficial owner of more than five percent of the
class of securities.
Morgan Stanley may be reached through:
Christopher O'Hara, Authorized Signatory
1585 Broadway, New York, NY 10036
Tel: 212-761-4000
A full-text copy of Morgan Stanley's SEC report is available at:
https://tinyurl.com/58rksj7k
About Community Health Systems Inc.
Community Health Systems, Inc. -- http://www.chs.net/-- is a
publicly traded hospital company and an operator of general acute
care hospitals in communities across the country. Its affiliates
provide healthcare services, developing and operating healthcare
delivery systems in 40 distinct markets across 15 states.
As of June 30, 2024, the Company had $14.4 billion in total assets,
$15.3 billion in total liabilities, $324 million in redeemable
noncontrolling interests in equity of consolidated subsidiaries,
and $1.2 billion in total stockholders' deficit.
* * *
Egan-Jones Ratings Company on January 23, 2025, maintained its
'CCC+' foreign currency and local currency senior unsecured ratings
on debt issued by Community Health Systems, Inc.
In August 2024, S&P Global Ratings raised its rating on Community
Health Systems Inc. to 'CCC+' from 'SD'(selective default). At the
same time, S&P also raised its ratings on the senior unsecured
notes to 'CCC-'from 'D'. The outlook is negative, reflecting the
risk of further distressed exchanges in the intermediate future
despite credit metrics potentially improving in 2024.
CONN'S INC: Seeks to Extend Plan Exclusivity to June 18
-------------------------------------------------------
Conn's, Inc., and 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 18 and August 19, 2025, respectively.
The Debtors explain that the relevant factors strongly favor
extensions of the Debtors' Exclusivity Periods. The relevant
factors strongly weigh in favor of an extension of the Exclusivity
Periods:
* The Debtors' Chapter 11 Cases Are Large and Complex. These
cases met the requirements for and were designated as complex
cases. Notice of Designation as Complex Chapter 11 Bankruptcy Case.
As of the Petition Date, the Debtors had approximately $530 million
of funded debt, along with unsecured obligations to various
vendors, contractual counterparties, and, as of the Petition Date,
and thousands of employees and independent contractors worldwide.
Accordingly, this factor weighs in favor of granting an extension
of the Exclusivity Periods.
* The Debtors Have Made Good Faith Progress Towards Exiting
Chapter 11. The Debtors have progressed their cases substantially
since the Petition Date, and are strenuously endeavoring to
formulate and solicit a plan in order to exit chapter 11 in the
near term. The Debtors have additionally made significant progress
in negotiating a consensual resolution among key stakeholders,
including through the negotiation and approval of the Dealer
Settlement and the Accelerated Payment Procedures, both of which
provide for a resolution of certain outstanding administrative
expense claims, opening the path towards a feasible, consensual
plan.
* An Extension Will Not Pressure or Prejudice Creditors. The
Debtors are not seeking an extension of the Exclusivity Periods to
pressure or prejudice any of their stakeholders. All parties in
interest have had an opportunity to actively participate in
substantive discussions with the Debtors throughout these chapter
11 cases. Additionally, the extension of exclusivity will ensure
that the Accelerated Payment Procedures opt in deadline and the
Dealer Settlement opt out deadline both run before the ending of
the Exclusive Filing Period.
* Relatively Little Time Has Elapsed in These Chapter 11
Cases. A little over nine months has lapsed since the Petition
Date, during which substantial progress was made advancing these
chapter 11 cases. Accordingly, this factor weighs in favor of
granting an extension of the Exclusivity Periods.
The Debtors' Counsel:
Duston McFaul, Esq.
Jeri Leigh Miller, Esq.
Maegan Quejada, Esq.
SIDLEY AUSTIN LLP
1000 Louisiana Street, Suite 6000
Houston, Texas 77002
Tel: (713) 495-4500
Fax: (713) 495-7799
Email: dmcfaul@sidley.com
jeri.miller@sidley.com
mquejada@sidley.com
- and -
William E. Curtin, Esq.
Michael Sabino, Esq.
787 Seventh Avenue
New York, New York 10019
Tel: (212) 839-5300
Fax: (212) 839-5599
Email: wcurtin@sidley.com
msabino@sidley.com
About Conn's, Inc.
Conn's, Inc., is a retailer of home goods and furniture in The
Woodlands, Texas.
Conn's and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 24-33357) on
July 23, 2024. In its petition, Conn's reported $1 billion to $10
billion in both assets and liabilities.
Judge Jeffrey P. Norman oversees the cases.
The Debtors tapped Duston K. McFaul, Esq., at Sidley Austin, LLP as
legal counsel; Houlihan Lokey, Inc. as investment banker; and BRG
Capital Advisors, LLC, as interim management services provider.
Epiq Corporate Restructuring, LLC, is the Debtors' notice and
claims agent.
COREWEAVE INC: S&P Assigns 'B+' ICR, Outlook Stable
---------------------------------------------------
S&P Global Ratings assigned its 'B+' issuer credit rating to New
Jersey-based provider of generative AI infrastructure, software,
and cloud services company CoreWeave Inc.
S&P said, "We also assigned our 'B' issue-level rating and '5'
recovery rating to the proposed senior unsecured notes indicating
our view that lenders will have modest (10%-30%; rounded estimate:
25%) recovery in the event of default.
"The stable outlook reflects our expectation that CoreWeave will
continue to grow quickly over the next year with good revenue
visibility and success-based capital expenditures (capex), and
funds from operations (FFO) to debt will improve above 12% in 2026
with cash flow from operations (CFO) to debt of 10%-15%."
CoreWeave Inc. is issuing $1.5 billion of senior unsecured notes
for general corporate purposes.
S&P said, "Our 'B+' issuer credit rating on CoreWeave reflects its
solid market position as a key provider of generative AI (GenAI)
infrastructure, cloud services, and software. The company's rapid
growth and solutions, driven by its purpose-built for AI cloud
infrastructure with access to power and the latest generation of
Nvidia Corp's graphic processing units (GPUs), are currently in
high demand by AI labs, hyperscalers, and large enterprise
customers that require significant AI workload processing. Our
rating is also supported by the company's good revenue visibility
with multiyear contracts, success-based capital capex and financing
model, and our expectation that FFO to debt will be sustained above
12% in 2026. Offsetting factors include the highly
capital-intensive nature of GenAI infrastructure buildout that
results in significant FOCF deficits during periods of high growth,
its significant customer and supplier concentration, uncertainty
around longer-term contract renewals after industry supply/demand
dynamics normalize, and the company's limited history of operating
at scale.
"We believe the technical differentiation of CoreWeave's platform
gives it a meaningful first-mover advantage in the rapidly growing
AI infrastructure market. CoreWeave has purpose-built-for AI cloud
infrastructure optimized for training and inference tasks, and has
significantly higher utilization than traditional general-purpose
cloud provider solutions. We also recognize its ability to rapidly
deploy the latest GPUs, efficiently manage large-scale
infrastructure, and deliver compute at a lower total cost of
ownership as a competitive differentiator, making it a preferred
partner for compute-intensive AI workloads compared with other
neocloud providers. We believe these early advantages helped
CoreWeave establish itself as a modernized hyperscaler purposed for
AI and a preferred partner with many large users of AI technologies
such as Microsoft Corp. and OpenAI Inc.
"As AI demand and infrastructure investment grow exponentially, we
expect technical differentiation gaps to narrow as competitor
offerings improve. New entrants continue to emerge, and major
hyperscalers are leveraging their strong balance sheets to rapidly
scale AI-dedicated infrastructure while working on proprietary
custom silicon designs for AI accelerators and networking chips to
power their massive data centers and cloud computing services as
well as lower costs. For example, Microsoft and Google LLC plan to
spend $80 billion and $75 billion, respectively, on AI
infrastructure in 2025. Therefore, we foresee competitive intensity
rising, potentially dissipating some of these early advantages."
Other longer-term potential risks that are difficult to ascertain
but could impede CoreWeave's competitive position include the
normalization of GPU supply/demand dynamics, which could reduce the
need for some of CoreWeave's top customers to outsource compute
capacity. It could pressure demand, pricing, margins, and its
strategic relationship with Nvidia. S&P also believes CoreWeave's
financing strategy, which has helped the company rapidly scale, may
become less economical as it seeks to expand its go-to-market
efforts and move downstream to serve a customer base that includes
newer AI labs and enterprises, given that these customers may lack
the same capacity to make upfront prepayments and may be perceived
as a higher credit risk.
CoreWeave's take-or-pay contracts provide revenue visibility for
the next few years. CoreWeave serves its customers under long-term
take-or-pay contracts, which require payment from the end customer
regardless of their utilization. These contracts cannot be canceled
except for nonperformance. They are priced per dollar per GPU, and
the type of infrastructure and revenue conversion typically occurs
over a few months to a few quarters. Once live, the guaranteed
amounts of the contracts are recognized as revenue on a ratable
basis over the duration of the contract. The total value of
contracted revenue that a company has yet to realize is recorded as
a remaining performance obligation (RPO). This reflects the
contracted business, which includes billed and unbilled amounts
under existing contracts that will convert into revenue over time.
CoreWeave reported approximately $15.1 billion in remaining
performance obligations as of the end of 2024 and a revenue backlog
of $25.9 billion as of March 31, 2025. This backlog includes an RPO
of $14.7 billion, plus $11.2 billion in other committed customer
contracts that are subject to the satisfaction of delivery and
availability of service requirements. CoreWeave expects to
recognize this amount as revenue and another $4 billion contract
signed in the second quarter in future periods. This is a
particularly meaningful key performance indicator for CoreWeave
because it offers visibility into its performance and serves as a
mitigant to its high fixed-cost base.
CoreWeave's highly capital-intensive business model has not
precluded it from rapid growth. CoreWeave operates a
capital-intensive model, driven by significant investments in
technology infrastructure to scale and remain competitive in the AI
and cloud markets. Despite the substantial capital requirements and
having a higher cost of capital than its hyperscaler peers,
CoreWeave has managed to rapidly scale its business to serve the
largest and most influential companies. S&P believes the company's
strategic relationship with NVIDIA, supported by strong technical
capabilities, has helped ensure a steady allocation of chips and
been instrumental in securing large, long-term take-or-pay
agreements with tier 1 customers.
CoreWeave has leveraged the predictability of these contracted cash
flows and the strong credit quality of its customer base to access
capital, primarily through asset-backed financing structures
collateralized by customer contracts, which enables rapid growth.
The company has also successfully managed its high fixed costs and
capex requirements by collecting upfront prepayments, which
historically range from 15% to 25%, assisting with initial
infrastructure buildouts, and by employing a just-in-time equipment
funding model, placing orders only after securing contracts rather
than speculatively. The company also secures access to data centers
through long-term leases, primarily of the power shell, as well as
some colocation, rather than building, and it has secured multiyear
access to power capacity of approximately 420 megawatts (MW) of
active power and approximately 1.6 gigawatts (GW) of contracted
power (as of March 31, 2025), a mission-critical component of AI
infrastructure. While this approach limits upfront investment, it
introduces supply chain and counterparty risks that S&P views as
manageable.
The company's significant supplier concentration with NVIDIA and
customer concentration with Microsoft are beneficial but could pose
a risk in three to five years. NVIDIA provides CoreWeave's GPUs,
and only three suppliers accounted for over 76% of the company's
total purchases. At the same time, its customer base was highly
concentrated in 2024, with 62% of revenue coming from Microsoft.
Concentration with these well-regarded counterparties has been
beneficial to CoreWeave to date. NVIDIA has invested in CoreWeave;
it owns about 7% of the company's shares and its high-end GPUs and
compute unified device architecture (CUDA) ecosystem are in high
demand in the industry. CoreWeave's access to these GPUs helped
secure its multibillion-dollar contract with Microsoft and has
helped the company prove its value to the industry and win
additional business. Still, should CoreWeave fall out of favor with
NVIDIA, NVIDIA deprioritizes its GPU allocation to CoreWeave, or
GPU offerings from Advanced Micro Devices Inc. (AMD) or Intel Corp.
become more competitive, CoreWeave's performance could suffer. And
while CoreWeave is GPU agnostic and could technically support any
architecture, it has built a reputation due to its relationship
with NVIDIA, and S&P believes its competitive advantage may weaken
if NVIDIA is not the preferred GPU.
Customer concentration, on the other hand, should improve as the
company grows. With the company's recent $11.9 billion contract
with OpenAI, no company had more than 50% of CoreWeave's revenue
backlog as of the end of the first quarter of 2025. S&P expects the
company will diversify its customer base with enterprise customer
growth within the next few years, but significant concentration
from large hyperscalers and AI labs like OpenAI will likely remain
due to massive amount of compute needed by these companies and the
relative scarcity of industry players building global GenAI
platforms. CoreWeave's customer contracts last about four years on
average, and there could be a material drop off in revenue if the
company cannot renew or replace expiring contracts. While
hyperscalers are customers of CoreWeave, they are also competitors
that are investing tens of billions of dollars in their own data
centers and may not choose to outsource as much compute to
CoreWeave in the future if they have their own capacity.
S&P said, "We expect new contract wins will fuel strong growth in
2025 and 2026, likely resulting in significant FOCF deficits. The
company's operating model is capital intensive following new
contract wins as it purchases GPUs and builds out its data center
capacity to meet its customers' needs. This process takes three to
nine months for large contracts and could be as little as four to
six weeks for smaller enterprise customers. While we believe the
company could generate FOCF in 2026 absent material
multibillion-dollar contract wins, our base case assumes industry
demand for compute will drive the company to sign additional
high-value contracts in 2025 and 2026 that have not yet been
announced. For 2025, we believe this would align with the company's
public capex guidance of $20 billion-$23 billion. We expect the
company to receive a modest prepayment for new contracts, but the
high capex will lead to steep FOCF deficits and require external
funding. In addition, due to the lag in profitability and cash flow
from the start of the data center buildout before a contract
generates revenue, we expect FFO to debt of about 5% in 2025 before
improving to the mid-teens percent area in 2026. We believe that
FFO to debt offers a more accurate measure of credit performance
for capital-intensive businesses like CoreWeave than debt to
EBITDA, as it better reflects the intrinsic cash burden of debt
service and provides a clearer assessment of liquidity risk.
"While its FOCF will fluctuate significantly with the pace of new
contract wins, we put less emphasis on FOCF-based credit ratios in
our analysis because of the success-based nature of the majority of
the company's capex and its ability to tap into asset-based lending
markets to support these contracts. Instead, in addition to FFO to
debt, we focused on the company's CFO, which captures the increased
interest expense from the debt-funded capex and fluctuations in
working capital. In our forecast, we expect CFO to debt to be
10%-15%, which supports our financial risk assessment."
Potential liquidity risks may stem from the put option rights of
certain shareholder. CoreWeave granted put rights to former holders
of series C convertible preferred stock--now class A shares
following conversion at the initial public offering (IPO)--covering
29,874,066 shares. These rights entitle holders to require the
company to repurchase their shares for cash if the stock fails to
trade at or above 175% of the $38.95 issue price for any 30
consecutive trading days within two years post-IPO or if these
shares are sold or transferred. While the full $1.2 billion
repurchase obligation appears unlikely, given current trading
levels and 19 months until expiration, the structure introduces a
contingent liability that could pressure liquidity. It could also
morph into potential refinancing risks in the event the company
underperforms market expectations or equity market conditions
weaken, considering the company's amended $1.5 billion revolving
credit facility, which our forecast assumes the company will
utilize, includes a provision that would accelerate the maturity of
the facility from May 2, 2028, to Dec. 30, 2026, if the put rights
remain outstanding or are not fully cash collateralized by Dec. 30,
2026.
S&P said, "We are monitoring CoreWeave's efforts to remediate the
material weakness in its internal controls. CoreWeave is working to
address and remediate these weaknesses over financial reporting
through IT risk assessments, enhanced control frameworks, and an
expanded finance and accounting staff. While these actions are
sufficient for our scoring of its management and governance
modifier assessment, some remediation steps have been completed;
efforts will continue through 2026. Failure to remediate could
diminish the reliability of financial reporting and jeopardize
compliance with debt covenants--potential future risks.
"The stable outlook reflects our expectation that CoreWeave will
continue to grow quickly over the next year with good revenue
visibility and success-based capex spending, and FFO to debt will
improve above 12% in 2026 with CFO to debt of 10%-15%."
S&P could lower its ratings on CoreWeave if it expects it to
sustain FFO to debt below 12% with CFO to debt below 10%, or its
liquidity tightens. This could occur if:
-- New contract terms are less profitable;
-- There is an increase in the time to build out contracted
infrastructure before revenue generation;
-- The company has difficulty securing financing for new contract
wins at reasonable rates; or
-- The company's stock price falls well below the value of the put
option that certain shareholders can exercise in March 2027, and
S&P believes the company does not have the liquidity to pay it.
S&P said, "We could also lower the rating if we reassess our view
of CoreWeave's business, which could occur if the need for compute
capacity and CoreWeave's services lessen, if the capacity and
supply of high-end GPUs normalizes and CoreWeave's competitive
advantage weakens, or if we believe the company's large customers
will not renew or extend their contracts.
"We could raise our rating if the company continues to execute
profitably on its revenue backlog while diversifying its customer
base with new multiyear contracts and maintaining its success-based
capex strategy. In this scenario, the longer-term sustainability of
the company's operating model as supply constraints ease would be
more likely."
To consider an upgrade, S&P would also expect:
-- Sustained FFO to debt in the high-teens percent area;
-- CFO to debt of about 15%;
-- Progress in remediation of material weaknesses; and
-- Limited risk of a large payout in connection with the put
rights of certain shareholders.
COTY INC: S&P Affirms 'BB+' Issuer Credit Rating, Outlook Stable
----------------------------------------------------------------
S&P Global Ratings affirmed its issuer credit rating of 'BB+' on
Coty Inc. Concurrently, S&P affirmed the issue-level rating on the
company's senior secured debt at 'BBB-'. The recovery rating is
'2', indicating its expectation for substantial (70%-90%; rounded
estimate: 70%) recovery in the event of a payment default.
The stable outlook reflects S&P's expectation that over the next 12
months, the company will address its refinancing needs, improve its
volume trend, and take pricing actions to offset tariff headwinds.
The rating affirmation reflects S&P's expectation that Coty will
modestly improve its credit metrics in fiscal 2026 from 4.1x
currently. Trends in the global beauty market further softened in
the fiscal third quarter of fiscal 2025 from the first half of the
year, driven by softer consumer demand. For the most recent quarter
ended March 31, 2025, Coty's reported revenue declined 6% and
like-for-like revenue declined 3% year over year. In prestige,
sales declined 6% on a reported basis or 2.5% on a comparable
basis. The decline was attributable to a slowing fragrance market,
lapping a very strong innovation year with multiple product
launches and depleting elevated inventory at retailers.
Growth in the prestige fragrance category further slowed to the
mid-single-digit percent area in the fiscal third quarter, compared
with the high-single digit percent area in the second quarter of
fiscal 2025 and the low-double-digit percent area in fiscal 2024.
In consumer beauty, sales declined 9% year over year on a reported
basis and 4.8% on a comparable basis. S&P notes the global mass
beauty market continued to slow in recent quarters, and the
category declined in the low-single-digit percent area in the
fiscal third quarter. The company lowered its guidance for fiscal
2025.
In addition, during the fiscal third quarter, the company announced
a new fixed cost reduction plan and incurred restructuring costs of
$76.6 million, which also depressed its EBITDA. As a result, the
company's S&P Global Ratings-adjusted leverage for the 12 months
ended March 31, 2025, increased to 4.1x from 3.5x as of the end of
Dec. 31, 2024.
S&P said, "We lowered our forecast for fiscal 2025 and fiscal
2026.We expect Coty's reported revenue to decline 6% in 2025,
driven by 2% decline in like-for-like revenue, a 3% foreign
exchange headwind, and a 1% negative impact from the divestiture of
the Lacoste license. We expect its S&P Global Ratings-adjusted
EBITDA to decline about 5% in 2025, reflecting the lower revenue
and higher restructuring expenses.
"In 2026, we forecast revenue will return to 3% growth from an
improved volume trend given a more robust innovation pipeline, as
well as further pricing action to offset continued pressure in the
China, travel retail, and Consumer Beauty segments. We expect its
S&P Global Ratings-adjusted EBITDA to grow about 8% to 9% in 2026,
reflecting higher revenue, additional cost savings, and lapping
high restructuring charges in fiscal 2025. As a result, we expect
the company's S&P Global Ratings-adjusted leverage to modestly
improve to the high-3x area by the end of fiscal 2026."
Coty is moderately exposed to potential profitability pressure from
tariffs in the coming year. Roughly 30% of Coty's sales are in
North America. The company's prestige fragrances are manufactured
in its Barcelona plant in Europe. For Consumer Beauty, its products
are primarily manufactured locally in the U.S. The company's
exposure of finished goods sourcing from China is limited, though
it sources various component and marketing materials from China,
which is subject to higher tariffs. According to the company, the
gross impact from the tariff plans proposed originally this year
were in the low-$100 million area. S&P believes Coty could mitigate
even that elevated impact of tariffs on its performance by a few
actions. For prestige fragrance, it has built up inventory on hand
in the U.S. that will last until at least the end of fiscal 2025.
The company is also contemplating further pricing actions in fiscal
2026 in the relatively price-inelastic prestige beauty market. In
addition, it could transfer production to the U.S. if tariff stays
in place for the long term. For component sourcing from China, the
company could take pricing actions or resource suppliers in other
countries.
S&P Global Ratings believes there is a high degree of
unpredictability around policy implementation by the U.S.
administration and possible responses--specifically with regard to
tariffs--and the potential effect on economies, supply chains, and
credit conditions around the world. S&P said, "As a result, our
baseline forecasts carry a significant amount of uncertainty. As
situations evolve, we will gauge the macro and credit materiality
of potential and actual policy shifts and reassess our guidance
accordingly."
S&P said, "We expect Coty to remain committed to its financial
policy. The company-defined leverage at the end of fiscal third
quarter 2025 increased to 3.2x, above the high end of its mid- to
long-term leverage target of 2x-3x, which is roughly equivalent to
S&P Global Ratings-adjusted leverage in the high-2x to high-3x
area. The company is still committed to divesting its Wella assets,
though we believe the current macroeconomic environment could delay
the monetization timeline. The company intends to use the proceeds
from this asset sale for share repurchases or a potential dividend
reintroduction. While this approach could slow deleveraging, we
believe Coty will remain committed to its current financial policy
and will not buy back shares or resume dividends at levels that
would compromise its credit ratios.
"The stable outlook reflects our expectation that over the next 12
months the company will address its refinancing needs, improve its
volume trend, and take pricing actions to offset tariff
headwinds."
S&P could lower its ratings if growth momentum starts to slow down
and it expects Coty to sustain S&P Global Ratings-adjusted leverage
above 4x, which could occur due to:
-- A worsening macroeconomic environment, lower discretionary
spending, heightened competition, or an operational misstep,
leading to lower demand for the company's products;
-- The company is not able to offset higher costs from tariff on
imported goods with mitigating actions; or
-- The company pursues a more aggressive financial policy with
debt-funded share repurchases and acquisitions.
S&P could raise its ratings if the company:
-- Achieves sustained organic growth, continues to gain market
share, and improves its cost structure, leading to consistent
EBITDA margin improvement and a stronger competitive position; or
-- Continues to execute its strategy of utilizing all excess cash
proceeds from future asset sales, including Wella, for debt
reduction and demonstrates a more conservative financial policy
such that it sustains S&P Global Ratings-adjusted leverage below
3x.
CROWN SUBSEA: S&P Affirms 'B+' Rating on Senior Secured Debt
------------------------------------------------------------
S&P Global Ratings affirmed its 'B+' issue-level rating and '3'
recovery rating on U.S.-based subsea fiber optic cable services
provider Crown Subsea Communications Holding Inc.'s (d/b/a/ SubCom)
senior secured debt following the proposed $275 million first-lien
term loan add-on. The '3' recovery rating indicates its expectation
for meaningful (50%-70%; rounded estimate: 50%) recovery in the
event of a default. S&P revised its rounded recovery expectations
to 50% from 55% reflecting the higher quantum of senior secured
debt.
S&P said, "We expect proceeds from the incremental term loan add-on
will be used to fund transaction fees and pay a dividend to the
company's financial sponsor, Cerberus Capital Management. Subcom's
credit measures remain in line with expectations for the rating.
Our 'B+' issuer credit rating and stable outlook on SubCom are
unchanged. Despite the releveraging nature of the transaction, we
expect S&P Global Ratings-adjusted debt to EBITDA will remain in
the low-4x area in fiscal years 2025 and 2026 due to project
execution. Demand for infrastructure updates remains robust and
demand from internet content providers continues to support growth,
as evidenced by the backlog improving to $4.7 billion in April
compared to $3.5 billion at fiscal year-end 2024."
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P revised its recovery analysis to reflect the proposed $275
million first-lien term loan add-on due 2031.
-- S&P affirmed its 'B+' issue-level rating and '3' recovery
rating (rounded estimate: 50%) on SubCom's senior secured debt.
-- S&P said, "Our simulated default scenario considers a default
in 2029 stemming from a protracted downturn in the capital spending
budgets of SubCom's customers that lead to declining demand for
subsea fiber optic cable and overall projects in the industry."
-- S&P said, "Because our default scenario does not include a cost
overrun on a project, we do not assume any surety bonds or former
parent guarantees would be drawn. Therefore, we do not assume any
(unsecured) nondebt claims from the guarantee or surety facilities
in our default scenario."
-- S&P believes that if SubCom were to default, it would continue
to have a viable business model because of its strong market share
in a niche industry and the highly specialized engineering and
manufacturing capabilities required to complete its projects.
-- S&P valued the company on a going-concern basis using a 5x
multiple of its projected emergence EBITDA, which is in line with
the multiples it uses for its engineering and construction peers.
-- S&P assumes 85% of the revolver is drawn in a default
scenario.
Simulated default assumptions
-- Year of default: 2029
-- EBITDA at emergence: $193 million
-- EBITDA multiple: 5.0x
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $918
million
-- Valuation split (obligors/nonobligors): 97%/3%
-- Collateral value available to first-lien creditors: $890
million
-- Total first-lien debt: $1.8 billion
--Recovery expectations: 50%-70% (rounded estimate: 50%)
Note: All debt amounts include six months of prepetition interest.
CRYPTO MARKET: Daniel Etlinger Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 21 appointed Daniel Etlinger of
Underwood Murray, P.A. as Subchapter V trustee for Crypto Market
Real Investment Group, Inc.
Mr. Etlinger will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Etlinger declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Daniel E. Etlinger
Underwood Murray, P.A.
100 N. Tampa Street, Suite 2325
Tampa Florida 33602
(813) 540-8401
Email: detlinger@underwoodmurray.com
About Crypto Market Real Investment Group
Crypto Market Real Investment Group, Inc. is a company likely
involved in cryptocurrency investments based in Navarre, Fla.
Crypto Market Real Investment Group sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-30252) on
March 25, 2025. In its petition, the Debtor reported between $1
million and $10 million in both assets and liabilities.
Judge Jerry C. Oldshue, Jr. handles the case.
The Debtor is represented by Byron W. Wright III, Esq., at Bruner
Wright, PA.
CUCHINA ANTICA: Plan Exclusivity Period Extended to June 11
-----------------------------------------------------------
The Bankruptcy Court Judge extended Cucina Antica Foods, Corp.'s
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to June 11 and July 14, 2025, respectively.
As shared by Troubled Company Reporter, the Debtor explains that
cause exists for the Court to grant the Debtor a short extension of
the Exclusivity Period and Confirmation Deadline. The Debtor has
made substantial progress towards confirmation of a plan having
just recently closed on the sale of substantially all its assets
which has generated significant proceeds to be paid to creditors.
However, the Debtor has no staff, and its principal has had to
focus her attention on ensuring an orderly transition and
performing transition services as required by the Transition
Services Agreement. As the sale terms include a Royalty to be paid
to the Debtor's estate, a smooth transition ultimately benefits
creditors.
The Debtor claims that it has proceeded in good faith to make
significant progress in the few months since the case commenced. An
extension of the Exclusivity Period and Confirmation Deadline by
sixty days will not harm the interests of creditors. In fact, it
will benefit the estate by potentially avoiding a conversion to
chapter 7 and allow the Debtor a meaningful opportunity to maximize
creditor recovery within the shortest reasonable time.
Cucina Antica Foods Corp. is represented by:
Frances A. Smith, Esq.
Jonathan Gitlin, Esq.
Ross Smith & Binford, PC
700 North Pearl Street, Suite 1610
Dallas, TX 75201
Tel: (214) 377-7879
Fax: (214) 377-9409
Email: frances.smith@ross-and-smith.com
Email: jonathan.gitlin@ross-and-smith.com
About Cucina Antica Foods
Cucina Antica Foods Corp. is a manufacturer of pasta sauces and
ketchup.
Cucina Antica Foods sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 24-34058) on Dec. 13,
2024. In the petition filed by Suzanne Fusco, as authorized
representative, the Debtor estimated assets between $100,000 and
$500,000 and estimated liabilities between $1 million and $10
million.
The Debtor is represented by Frances A. Smith, Es., at Ross, Smith
& Binford, PC.
DB BONNEVILLE: Seeks Chapter 11 Bankruptcy in Iowa
--------------------------------------------------
On May 13, 2025, DB Booneville Inc. filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of Iowa.
According to court filing, the Debtor reports between $10 million
and $50 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About DB Booneville Inc.
DB Booneville Inc., also known as the Village at Sugar Creek, is a
real estate company based in Urbandale, Iowa. The Company operates
in property development and ownership, including residential
properties. It has been involved in various developments, such as
the Village at Sugar Creek, a mixed-use project offering
multifamily housing, retail, office spaces, and townhomes in West
Des Moines.
DB Booneville Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-00817) on May 13,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Lee M. Jackwig handles the case.
The Debtors are represented by Samuel Z. Marks, Esq. at MARKS LAW
FIRM.
DEVILS RIVER DISTILLERY: Subchapter V Trustee Named
---------------------------------------------------
The U.S. Trustee for Region 7 appointed Michael O'Connor as
Subchapter V trustee for Devils River Distillery, LLC.
Mr. O'Connor will charge an hourly fee of $375 for his services as
Subchapter V trustee, and $125 for support staff working under his
direct supervision. In addition, the Subchapter V trustee will be
reimbursed for work-related expenses incurred.
Mr. O'Connor declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Michael J. O'Connor
The Spectrum Building
613 Northwest Loop 410, Ste. 840
San Antonio, TX 78216
E-mail: subvtrusteesat@gmail.com
Telephone: (210) 729-6009
About Devils River Distillery
Devils River Distillery, LLC is a well-known whiskey brand based in
San Antonio, Texas, that offers a variety of bourbons and a rye
whiskey.
Devils River Distillery sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D. Texas Case No.
25-50960) on May 1, 2025. In its petition, the Debtor reported
between $1 million and $10 million in both assets and liabilities.
The Debtor is represented by Michael G. Colvard, Esq., at Martin &
Drought, PC.
DEVILS RIVER HOLDINGS: Michael O'Connor Named Subchapter V Trustee
------------------------------------------------------------------
The U.S. Trustee for Region 7 appointed Michael O'Connor as
Subchapter V trustee for Devils River Holdings, LLC.
Mr. O'Connor will charge an hourly fee of $375 for his services as
Subchapter V trustee, and $125 for support staff working under his
direct supervision. In addition, the Subchapter V trustee will be
reimbursed for work-related expenses incurred.
Mr. O'Connor declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Michael J. O'Connor
The Spectrum Building
613 Northwest Loop 410, Ste. 840
San Antonio, TX 78216
E-mail: subvtrusteesat@gmail.com
Telephone: (210) 729-6009
About Devils River Holdings
Devils River Holdings, LLC produces premium small-batch whiskeys
under the Devils River Whiskey brand. Based in San Antonio, Texas,
the Company sources limestone-filtered water from the Devils River
to craft its Bourbon, Rye, and flavored whiskey offerings.
Devils River Holdings filed Chapter 11 petition (Bankr. W.D. Texas
Case No. 25-50959) on May 1, 2025, listing up to $10 million in
both assets and liabilities. Michael P. Cameron, chief executive
officer and president, signed the petition.
Martin & Drought, P.C. is the Debtor's legal counsel.
DOCUDATA SOLUTIONS: Unsecureds Will Get 40.6% of Claims in Plan
---------------------------------------------------------------
Docudata Solutions, LC, and its debtor affiliates filed with the
U.S. Bankruptcy Court for the Southern District of Texas a
Disclosure Statement for the Joint Plan of Reorganization dated May
3, 2025.
The Company is a global leader in business process automation and
uses its international reach and proprietary technology to provide
high-quality payments processing and digital transformation
solutions to its clients throughout the Americas and Asia that
improve efficiency and reduce operating costs.
Specifically, the Company combines data and user-friendly software
and platforms which, together with the services offered by its
employees, enable customers to improve the efficiency of their
operations. The Company has adopted a global delivery model and
hosts solutions in its data centers, on the cloud, or directly from
customers' premises. The Company's location-agnostic solutions,
coupled with its flexible hosting capabilities and global work
force, enables the Company to provide its services across numerous
industries, including banking, healthcare, insurance, and
manufacturing.
The Plan contemplates the following Restructuring and treatment of
Claims:
Restructuring Generally. The Plan provides for the equitization of
all Allowed July 2026 Notes Claims and Allowed April 2026 Notes
Claims (collectively, "Allowed Notes Claims") through a series of
steps resulting in the Holders of Allowed Notes Claims receiving
their Pro Rata Shares of a portion of the equity of the Debtors'
publicly-traded affiliate, XBP Europe Holdings, Inc. Subject to the
Definitive Documents and as will be described in more detail in the
Restructuring Steps Exhibit to be filed with the Plan Supplement,
these steps will result in XBP becoming the ultimate parent of
Debtors Exela Technologies BPA, LLC, and Neon Acquisition, LLC (and
their respective subsidiaries), with the holders of Allowed Notes
Claims exchanging their entitlements to equity in those Debtors for
newly-issued equity in XBP pursuant to an agreed-upon exchange
ratio (the "XBP Transaction"). In addition, Debtor XCV-EMEA, LLC
will cause the equity it owns in XBP (as its current indirect
parent) to be distributed to the holders of Allowed Notes Claims,
in light of XCV-EMEA’s guarantee of certain Notes Obligations.
Certain backstop and funding fees notionally payable in the equity
of the Debtors will also be satisfied with newly-issued XBP equity
(the equity to be issued pursuant to the Plan other than the equity
to be distributed by XCV-EMEA is referred to herein and in the Plan
as the "Exchanged New Parent Interests"). Holders of Allowed
General Unsecured Claims will receive cash consideration through
either pro rata participation in the General Unsecured Claims cash
recovery or election to participate in the Convenience Class
recovery, all as described herein. All other Claims are either
unimpaired or receive no recovery, as set forth herein.
DIP Financing. The Chapter 11 Cases are being financed by $185
million in post-petition loans and advances to the Debtors,
comprising $80 million of New Money Loans and $105 million of
Roll-Up Loans (the "DIP Facility"), with backstop participation and
funding of the DIP Facility pursuant to the Interim DIP Order open
to all April 2026 Noteholders, and participation in the funding of
the DIP Facility pursuant to the Final DIP Order open to all April
2026 Noteholders and July 2026 Noteholders, on the terms and
conditions set forth in the Final DIP Order and DIP Documents.
Exit Financing:
* On the Effective Date, the Reorganized Debtors will enter
into the Exit Facility (as defined in the Plan Support Agreement)
on the terms set forth in the Plan Term Sheet and Exit Facility
Documents (each as defined in the Plan Support Agreement), pursuant
to which all DIP Obligations shall be converted into Rollover Exit
Notes on a cashless basis, except as otherwise provided for a
portion of the Sub-Group DIP Lenders' DIP Obligations.
* On the Effective Date, the Reorganized Debtors will also
enter into a supplemental exit facility to replace or refinance the
Debtors' senior secured prepetition term loan facility dated as of
July 11, 2023 (the "Blue Torch Facility"), with either (a) the New
Blue Torch Facility or (b) the Gates Exit Facility; provided that
if the Debtors enter into the Gates Exit Facility, the Blue Torch
Facility, including any related guarantees, will be repaid with the
proceeds of the Gates Exit Facility.
* On the Effective Date, XBP will provide the XBP Funding in
an amount of $18 million; in the event the XBP Funding fails to
become committed by the deadline for objections established by the
Court to confirmation of the Plan or fails to occur on or prior to
the Effective Date, and if the Consenting ETI Parties do not
instead provide XBP Alternative Funding in the same amount, the
Consenting ETI Parties’ equity will be reduced.
* On the Effective Date, the Consenting ETI Parties shall be
bound by a commitment to pay (a) the first $15 million of
Transaction Tax Liability and (b) any Transaction Tax Liability in
excess of $25 million, with any amounts of the Transaction Tax
Liability between $15 million and $25 million the obligation of the
Reorganized Debtors.
* Securitization Program: The Reorganized Debtors will
continue or replace their existing securitization programs.
Recoveries:
* Each Holder of an Allowed April 2026 Notes Claim shall
receive either (i) if such Holder is not ETI or an ETI Holder, its
Noteholder Pro Rata Share of the Non-ETI Equity Distribution (72.5%
of Exchanged New Parent Interests issued in exchange for Allowed
Notes Claims, subject to reduction by the July 2026 Notes recovery
and dilution by all premiums and backstop fees payable in equity),
or (ii) if such Holder is ETI or an ETI Holder, its ETI Pro Rata
Share of the ETI Equity Distribution (27.5% of Exchanged New Parent
Interests issued in exchange for Allowed Notes Claims, subject to
reduction by the July 2026 Notes recovery and dilution by all
premiums and backstop fees payable in equity) and the New Parent
Warrants; provided that the ETI Equity Distribution will be reduced
from 27.5% to 12.5% in the event the XBP Funding is not timely
committed or funded and is not replaced by the XBP Alternative
Funding, in which case the 15% shall be reallocated to Non-ETI
Equity Distribution;
* Pursuant and subject to the terms of the Committee
Settlement, each Holder of an Allowed July 2026 Notes Claims shall
receive its Pro Rata Share of a percentage of all Exchanged New
Parent Interests issued in exchange for Notes Claims sufficient to
ensure Holders of Allowed July 2026 Notes Claims receive the same
percentage recovery on their Claims as Non-ETI Holders of Allowed
April 2026 Notes Claims;
* Pursuant and subject to the terms of the Committee
Settlement, Holders of Allowed General Unsecured Claims shall
receive their Pro Rata Share of the Unsecured Cash Pool, with such
amount being paid out according to a schedule as set forth in the
Plan;
* Pursuant and subject to the terms of the Committee
Settlement, Allowed General Unsecured Convenience Class Claims of
an amount equal to or less than $25,000 shall be paid in cash from
the proceeds of the Exit Facility in an amount equal to no less
than 70% of their Allowed General Unsecured Convenience Class Claim
amount; provided that Holders of Allowed General Unsecured Claims
of an amount greater than $25,000 may elect to convert their claims
to Allowed General Unsecured Convenience Class Claims by reducing
the amount of their Allowed General Unsecured Claim to $25,000;
and
* Other Secured Claims and Prepetition Term Loan Claims are
Unimpaired; Intercompany Claims are either reinstated, converted to
equity, or otherwise set off, settled, distributed, contributed,
cancelled, or released, in each case, in accordance with the Plan;
Intercompany Interests will be reinstated for administrative
convenience; all Subordinated Claims will be cancelled, released,
discharged, and extinguished, and Holders of Subordinated Claims
will not receive any distribution on account of such Subordinated
Claims; Existing BPA Interests will be canceled, released,
discharged, and extinguished; and Other Existing Equity Interests
shall be either (i) treated in accordance with the Definitive
Documents or (ii) canceled, released, discharged, and extinguished,
and shall be of no further force or effect.
Class 6 consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim agrees to a
less favorable treatment of such Claim, each such Holder shall
receive, in full and final satisfaction, settlement, release, and
discharge of such Claim, on the Effective Date, as a carve out of
collateral (or the value of such collateral) securing the April
2026 Notes Claims, its Pro Rata share of the Unsecured Cash Pool,
with such amount being paid out over the following schedule: (i)
1/3 paid within nine months of the Effective Date; (ii) 1/3 paid
within eighteen months of the Effective Date; and (iii) 1/3 paid
within twenty-seven months of the Effective Date.
Holders of Allowed General Unsecured Claims shall be entitled to
interest (which interest shall be treated for all purposes as an
incremental distribution on account of such Allowed General
Unsecured Claim) on unpaid portions of such Holder's Pro Rata share
of the Unsecured Cash Pool, accruing at 4% per annum, paid in-kind,
commencing on the Effective Date, and such payment obligations
shall be secured by collateral reasonably acceptable to the
Debtors, the Required Consenting Creditors, and the Committee. The
allowed unsecured claims total $11.7 million. This Class will
receive a distribution of 40.6% of their allowed claims.
The Plan provides that the Debtors will fund Cash distributions
under the Plan with Cash on hand, including Cash from operations,
and the proceeds of the DIP Facility, Exit Facilities, and the Exit
Securitization Programs. The Debtors will make non-Cash
distributions as required under the Plan in the form of Exit Debt
and Plan Securities. Cash payments to be made pursuant to the Plan
will be made by the Reorganized Debtors.
The Plan further provides that, from and after the Effective Date,
the Reorganized Debtors, subject to any applicable limitations set
forth in any post-Effective Date agreement (including the New
Organizational Documents, the Exit Facilities Documents, and the
Exit Securitization Programs Documents), will have the right and
authority without further order of the Bankruptcy Court to raise
additional capital and obtain additional financing in accordance
with, and subject to, applicable law.
A full-text copy of the Disclosure Statement dated May 3, 2025 is
available at https://urlcurt.com/u?l=wgda0w from Omni Agent
Solutions, Inc., claims agent.
Co-Counsel for the Debtors:
Timothy A. Davidson II, Esq.
Ashley L. Harper, Esq.
Philip M. Guffy, Esq.
HUNTON ANDREWS KURTH LLP
600 Travis Street, Suite 4200
Houston TX 77002
Tel: (713) 220-4200
Email: taddavidson@hunton.com
ashleyharper@hunton.com
pguffy@hunton.com
-and-
Ray C. Schrock, Esq.
Alexander W. Welch, Esq.
Hugh Murtagh, Esq.
Adam S. Ravin, Esq.
Jonathan J. Weichselbaum, Esq.
LATHAM & WATKINS LLP
1271 Avenue of the Americas
New York, NY 10020
Tel: (212) 906-1200
Email: ray.schrock@lw.com
alex.welch@lw.com
hugh.murtagh@lw.com
adam.ravin@lw.com
jon.weichselbaum@lw.com
About Docudata Solutions
Docudata Solutions, LC, together with their Debtors and non-Debtor
affiliates (the Company), are a global leader in business process
automation. Leveraging their worldwide presence and proprietary
technology, the Company offers high-quality payment processing and
digital transformation solutions across the Americas and Asia,
helping clients enhance efficiency and lower operational costs. The
Company has worked with over 60% of the Fortune 100 companies. They
provide essential services to top global banks, financial
institutions, healthcare payers and providers, and major global
brands. These services include finance and accounting solutions,
payment technologies, healthcare payer and revenue cycle
management, hyper-automation and remote work solutions, enterprise
information management, integrated communications and marketing
automation, as well as digital solutions for large enterprises.
Docudata Solutions and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Texas
Case No. 25-90023) on March 3, 2025. In the petitions signed by
Matt Brown, interim chief financial officer, the Debtors disclosed
$500 million to $1 billion in estimated assets and $1 billion to
$10 billion in estimated liabilities.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Hunton Andrews Kurth LLP and Latham & Watkins
LLP, Houlihan Lokey, Financial Advisors, Inc. as investment banker,
AlixPartners, LLP as financial advisor. Omni Agent Solutions, Inc.
is the Debtors' claims, noticing and solicitation agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
EKSO BIONICS: Reports Net Loss of $2.9 Million for Q1 FY25
----------------------------------------------------------
Ekso Bionics Holdings, Inc. filed with the U.S. Securities and
Exchange Commission its Quarterly Report on Form 10-Q reporting a
net loss of $2.9 million on $3.4 million of revenue for the three
months ended March 31, 2025, compared with a net loss of $3.4
million on $3.8 million of revenue for the three months ended March
31, 2024.
As of March 31, 2025, the Company had $27.3 million in total
assets, $14.6 million in total liabilities, and total stockholders'
equity of $12.7 million.
Recent Highlights and Accomplishments:
* Strengthened financial position by improving operating cash
burn by 43% combined with $3.8 million in net proceeds from the
exercise of warrants
* Named National Seating & Mobility as its exclusive Ekso
Indego Personal device distributor within the U.S. complex
rehabilitation technology industry
* Named Bionic Prosthetics & Orthotics Group as its first Ekso
Indego Personal device distributor within the orthotics and
prosthetics industry
"Over the past few weeks, we have significantly expanded access to
Ekso Indego Personal via potentially transformative partnerships
with two key leaders within their respective industries," said
Scott Davis, the Company's Chief Executive Officer. "NSM, which
operates in the CRT industry, brings a network of over 180
locations and more than 2,400 team members, who support more than
250,000 mobility solutions each year. While Bionic P&O, a leading
national provider of prosthetic and orthotic solutions, is an ABC
accredited independent clinical practice group that now operates
across 12 states. Both partnerships represent Ekso Bionics' first
entrances into these large and growing markets, and we believe that
will start to see increased contribution from our Personal Health
products in 2025 as a result."
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/4zhmf6ta
About Ekso Bionics Holdings
San Rafael, Calif.-based Ekso Bionics Holdings, Inc. designs,
develops, and markets exoskeleton products to augment human
strength, endurance, and mobility.
San Francisco, Calif.-based WithumSmith+Brown PC, the Company's
auditor since 2010, issued a 'going concern' qualification in its
report dated March 3, 2025, citing that the Company has an
accumulated deficit on December 31, 2024 and, since inception, has
suffered significant operating losses and negative cash flows from
operations. The Company expects to generate operating losses and
negative operating cash flows in the future and will require
additional funding to support the Company's planned operations
which raises substantial doubt about its ability to continue as a
going concern.
ELEVATE PFS: Moody's Affirms Caa1 CFR & Alters Outlook to Positive
------------------------------------------------------------------
Moody's Ratings affirmed Elevate PFS Parent Holdings, Inc.'s
(Elevate) Caa1 corporate family rating and Caa1-PD probability of
default rating. Concurrently, Moody's affirmed Elevate PFS
Holdings, Inc.'s backed senior secured first lien bank credit
facilities ratings at Caa1, which consists of a $30 million
revolver due 2028 and a $295 million term loan due 2028. The
outlooks for both entities were changed to positive from stable.
The change in outlook to positive reflects Moody's expectations of
revenue growth in the high single-digits and continued improvement
in debt/EBITDA leverage, aided by normalized demand for the
company's eligibility RCM services after the expiration of the PHE
period in 2023, as well as low but positive free cash flow
generation over the next 12-18 months.
RATINGS RATIONALE
Elevate's Caa1 CFR reflects the company's small scale, high
customer concentration, and elevated debt/EBITDA leverage of
roughly 6x as of the year ended December 31, 2024 (including
Moody's adjustments and pro forma for the company's February
acquisition of Mint). Elevate has a narrow operating scope
providing technology-enabled revenue cycle management (RCM)
services. The company employs about 2,700 employees, including
skilled advocates focused on patient eligibility, complex payment
review and patient engagement, mostly on behalf of hospitals. The
company earns most of its revenue on a contingency basis by
enrolling patients that are eligible for Medicaid and other
coverage plans and retaining a portion of the payments that it
helps its customers collect. The credit profile also reflects the
company's adequate liquidity position, concentrated ownership and
aggressive financial policies, which can include debt funded
acquisitions or distributions to the financial sponsor.
Elevate's credit profile is supported by the company's national
footprint, long-standing customer base, high retention rates, and
Moody's expectations of continued demand for RCM services given the
increasing complexity of the payment system. The company's main
segment, Eligibility (approximately 60% of total revenue), suffered
in 2022 and the first half of 2023 given the longer than expected
COVID-19 declaration of a Public Health Emergency (PHE), which
extended Medicaid enrollment and reduced re-eligibility volumes.
Following the end of the PHE, Elevate's financials metrics have
rebounded as eligibility volumes returned, aided by the company's
cloud migration and cost cutting initiatives that contributed to
margin improvement during 2024. Going forward, Moody's expects
revenue growth to be supported by new bookings, cross selling to
existing customers, contribution from recent acquisitions, and some
possible positive industry tailwinds.
Moody's considers Elevate's liquidity profile as adequate,
underpinned by Moody's expectations of low cash balances, heavy
reliance on its revolver and low but positive free cash flow. As of
December 31, 2024, and pro forma for the company's February
acquisition of Mint, the company had roughly $7 million cash of on
hand and $3 million drawn on the revolver. The revolver balance is
sometimes used for earnout payments or for payroll and can
fluctuate between quarters depending on timing. Moody's expects
Elevate to generate low but positive free cash flow going forward
given the return of volumes from eligibility redetermination. The
company is subject to a 7.25x net leverage covenant ratio, which
was in compliance as of December 31, 2024 with a covenant
calculation of 3.17x, leaving ample cushion. Moody's expects the
company to be in compliance during the next 12 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if revenue growth is sustained along with
improved profitability margins and debt/EBITDA leverage remains
below 7.0x Expectations of an improvement in liquidity, which
includes positive free cash flow and ample revolver availability
would also be required for an upgrade.
Due to the positive outlook, a ratings downgrade is unlikely over
the next 12-18 months. However, ratings could be downgraded if
revenue growth and profitability declined and debt/EBITDA leverage
increased to over 8.0x, or a deterioration in its liquidity
position could also lead to a downgrade.
The Caa1 ratings assigned to Elevate's senior secured credit
facilities reflect both the Caa1-PD PDR and Moody's Loss Given
Default assessment. The senior secured credit facilities are
secured by the assets of the issuer and benefit from secured
guarantees from its direct parent and from all existing and
subsequently acquired wholly-owned domestic subsidiaries. As there
is no other material debt in the capital structure, the facilities
are rated in line with the Caa1 CFR.
Elevate, controlled by affiliates of Frazier Healthcare Partners
and Edgewater Funds, is a provider of RCM services, mostly to US
hospitals. The company operates in three segments: Eligibility,
Patient Responsibility, and AR Services. Revenues during the year
ended December 31, 2024 were approximately $270 million.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
ENVELOPE MART: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Envelope Mart of Northeast Ohio, Inc.
d/b/a Envelope Mart Print Group
d/b/a EM Print Group
1540 Lowell Street
Elyria, OH 44035
Business Description: Envelope Mart of Northeast Ohio, Inc., doing
business as Envelope Mart Print Group, is a
wholesale printing company that produces
envelopes, sheet printing, and other print
services exclusively for print distributors.
Founded in 1975, the family-owned business
operates in Northeast Ohio and handles high-
volume print orders, including stationery
management, instruction sheet programs, and
warehousing.
Chapter 11 Petition Date: May 18, 2025
Court: United States Bankruptcy Court
Northern District of Ohio
Case No.: 25-12125
Judge: Hon. Suzana Krstevski Koch
Debtor's Counsel: Michael A Steel, Esq.
MICHAEL STEEL
2950 West Market Street Suite G
Fairlawn, OH 44333
E-mail: msteel@steelcolaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
Bradley Thompson, in his role as president, signed the petition.
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/KMATFGI/Envelope_Mart_of_Northeast_Ohio__ohnbke-25-12125__0001.0.pdf?mcid=tGE4TAMA
ERIE KASH: Holly Miller Named Subchapter V Trustee
--------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Holly Miller, Esq.,
at Gellert Scali Busenkell & Brown, LLC as Subchapter V trustee for
Erie Kash Out Properties, LLC.
Ms. Miller will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Miller declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Holly S. Miller, Esq.
Gellert Scali Busenkell & Brown, LLC
1628 John F. Kennedy Boulevard, Suite 1901
Philadelphia, PA 19103
Telephone: (215) 238-0012
Facsimile: (215) 238-0016
Email: hsmiller@gsbblaw.com
About Erie Kash Out Properties
Erie Kash Out Properties, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D. Pa. Case No.
25-11729) on May 2, 2025, listing $100,001 to $500,000 in assets
and $500,001 to $1 million in liabilities.
Judge Ashely M Chan presides over the case.
Brad J. Sadek, Esq., at Sadek Law Offices, LLC represents the
Debtor as bankruptcy counsel.
EVANS INVESTMENT: Mark Sharf Named Subchapter V Trustee
-------------------------------------------------------
The U.S. Trustee for Region 17 appointed Mark Sharf, Esq., a
practicing attorney in Los Angeles, as Subchapter V trustee for
Evans Investment Partners, LLC.
Mr. Sharf will charge $660 per hour for his services as Subchapter
V trustee and will seek reimbursement for work-related expenses
incurred.
Mr. Sharf declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mark Sharf, Esq.
6080 Center Drive, 6th Floor
Los Angeles, CA 90045
Telephone: (323) 612-0202
Email: mark@sharflaw.com
About Evans Investment Partners
Evans Investment Partners, LLC is a limited liability company based
in San Francisco, Calif.
Evans Investment Partners sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Calif. Case No.
25-30342) on April 30, 2025. In its petition, the Debtor reported
between $1 million and $10 million in both assets and liabilities.
The Debtor is represented by E. Vincent Wood, Esq., at Shepherd &
Wood, LLP.
F.I.A. LLC: Seeks Chapter 11 Bankruptcy in Louisiana
----------------------------------------------------
On May 13, 2025, F.I.A. LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Western District of Louisiana.
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 F.I.A. LLC
F.I.A. LLC is a real estate lessor based in Louisiana, with its
principal assets located at 564 Hwy. 171 Bypass, Many, LA 71449.
F.I.A. LLCsought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. La. Case No. 25-80288) on May 13, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Stephen D. Wheelis handles the case.
The Debtors are represented by Conner L. Dillon, Esq. at GOLD,
WEEMS, BRUSER, SUES & RUNDELL, A PLC.
FIREFLY NEUROSCIENCE: Acquires Evoke Neuroscience for $6.5-Million
------------------------------------------------------------------
Firefly Neuroscience Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on April 30, 2025,
the Company entered into a Securities Purchase Agreement with Evoke
Neuroscience, Inc. and stockholders of Evoke, where the Sellers
sold and the Company purchased all the issued and outstanding
shares of Evoke, for a total purchase price consisting of:
(i) $3,000,000 in cash;
(ii) shares of the Company's common stock having an aggregate
value of $3,000,000 priced at $3.50 per share; and
(iii) an earn-out payment in the form of additional shares of
the Company's common stock with an aggregate value of $500,000,
contingent upon the achievement of specified revenue targets during
a 36-month earn-out period, all as further described in the
Securities Purchase Agreement.
Each Seller agreed not to sell, transfer, or otherwise dispose of
any Shares, or engage in any transaction that would transfer the
economic benefits of the Shares during the Lock-Up Period without
the prior written consent of the Company. The Lock-Up Period began
on the closing date and will end on the earlier of:
(a) six months after the closing date or
(b) the effective date of a registration statement filed by
the Company with the SEC covering the resale of the Shares.
In addition, if the estimated working capital is below $90,000, the
Purchase Price shall be reduced by the shortfall, though no
increase would occur if the working capital exceeds the Minimum
Working Capital Threshold. Additionally, $150,000 of the Cash
Purchase Price were wired directly to evoke to fund post-closing
operational expenses, and the Operational Expense Amount shall be
excluded from calculating the Closing Working Capital (as defined
in the Securities Purchase Agreement), the Minimum Working Capital
Threshold, and the Final Closing Statement. Within 90 days after
closing, the Company will provide a final closing statement with
the actual figures prepared in good faith.
The transactions contemplated under the Securities Purchase
Agreement were closed on May 1, 2025, which were subject to
customary closing conditions, including, without limitation, the
completion of mutually satisfactory due diligence; compliance with
applicable regulatory requirements; the Company entering into a
satisfactory consulting agreement with David W. Hagedorn; Evoke
having no outstanding debt or liabilities in default; the receipt
of any required shareholder approvals; and the delivery of evidence
of debt payoff from the Company's loan holders.
As a result of the acquisition, Firefly's assets and business now
include:
* The largest known proprietary database of >180,000
standardized, EEG/ERP assessment records
* 27 granted patents
* > 60 current commercial users
These increases in propriety brain scans, patents and commercial
sites represent greater than two-fold, three-fold and 10-fold
expansions, respectively, as a result of the acquisition.
Purchase terms include:
* $6 million, to be paid 50% in cash and 50% in Firefly's
common stock priced at $3.50 per share.
* Eligibility for Evoke's investors to receive a $500,000
earn-out to be paid in cash upon Evoke's acquired business
achieving at least $3 million in annualized revenues within the
next three years.
"Over the past 16 years, we have generated approximately $30
million in total revenues while also amassing the largest known
collection of EEG/ERP electrophysiology data via our proprietary
hardware and software developed to aid in the diagnosis of brain
disorders and disease," said David Hagedorn Ph.D., BCN, Evoke's CEO
and CSO. "Given the obvious technological, clinical and commercial
synergies between Evoke and Firefly, we believe this transaction
represents a natural and important evolutionary step for both
companies as we work together to establish a strong and growing
business for all of our shareholders."
"These are exciting times as Firefly enters into a period of
anticipated rapid growth and potentially game-changing innovation,"
said Greg Lipschitz, CEO of Firefly. "As our already unparalleled
BNA™ database continues to grow with each new clinical study
and/or clinical assessment in which our respective technologies are
used, and armed with vital access to NVIDIA's advanced software
development resources, industry-leading frameworks and software
development kits, we believe this acquisition of Evoke represents a
key step toward Firefly fulfilling its goal of building the world's
first EEG /ERP-based foundation model of the human brain."
About Firefly
Firefly (NASDAQ: AIFF) (formerly WaveDancer, Inc.) is an Artificial
Intelligence company developing innovative solutions that improve
brain health outcomes for patients with neurological and mental
disorders. The FDA-510(k)-cleared Brain Network Analytics (BNA)
software platform is designed to advance diagnostic and treatment
approaches for individuals with mental illnesses and cognitive
disorders, such as depression, dementia, anxiety, concussions, and
attention-deficit/hyperactivity disorder (ADHD).
Toronto, ON, Canada-based Marcum Canada LLP, the Company's auditor
since 2012, issued a "going concern" qualification in its report
dated Apr. 2, 2025, attached on the Company's Annual Report on Form
10-K for the year ended Dec. 30, 2024, citing that the Company has
a significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $4,601,000 in total assets,
$4,976,000 in total liabilities, and a total stockholders'deficit
of $375,000.
FMC CORP: S&P Rates New Unsecured Subordinated Hybrid Notes 'BB'
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue rating to the proposed
unsecured subordinated hybrid notes due in 2055 to be issued by
global agricultural sciences company FMC Corp.
(BBB-/Negative/A-3).
S&P said, "The rating is two notches lower than our 'BBB-'
long-term issuer credit rating on FMC. One notch reflects the
notes' subordination, and we deduct an additional notch for payment
flexibility because the option to defer interest stands with the
issuer. The rating on the proposed hybrid is two notches below the
ratings on FMC's senior unsecured notes.
"We assess the proposed notes as having intermediate equity
content. The instrument can absorb losses by allowing interest
deferral, is subordinate to all senior debt obligations, and has
characteristics of permanence. In addition, to reflect our view of
the intermediate equity content of the proposed notes, we treat 50%
of the related payments as interest and 50% as equivalent to a
common dividend. This also applies to our adjustment of debt. We
note that the notes are redeemable at 102% of principal plus
interest within 120 days of a defined rating agency event, when a
rating agency that publishes ratings on FMC amends its criteria or
methodology for assigning equity content to similar hybrid
issuances, diluting the time or amount of equity credit afforded to
the instrument.
"We expect FMC to use the proceeds to repay its $500 million of
senior notes due in May 2026 and the remainder for general
corporate purposes. This may include repayment of commercial paper.
The company's credit measures are stretched for the ratings, with
an adjusted debt to EBITDA ratio of over 5x as of March 31, 2025.
However, with this transaction, we expect deleveraging this year to
4.1x and, through operational improvement and continued
deleveraging, next year to 3.5x."
FOOT LOCKER: Moody's Puts 'Ba3' CFR on Review Direction Uncertain
-----------------------------------------------------------------
Moody's Ratings placed all Foot Locker, Inc.'s (Foot Locker)
ratings on review with direction uncertain. This includes its Ba3
corporate family rating, Ba3-PD probability of default rating and
B1 senior unsecured notes rating. The outlook was changed to
ratings on review from stable. The speculative grade liquidity
(SGL) rating remains unchanged at SGL-2.
The review with direction uncertain follows the announcement [1]
that Dick's Sporting Goods, Inc. (Dick's, Baa2 RUR-Down) has
entered into a definitive agreement to acquire Foot Locker for an
enterprise value of approximately $2.5 billion. The transaction is
subject to regulatory and Foot Locker shareholder approvals and is
expected to close in the second half of 2025.
The review direction uncertain reflects Moody's expectations that
if the transaction closes, Foot Locker's ratings are likely to be
upgraded. However, it also reflects that if the transaction does
not close, Foot Locker's ratings could be downgraded given Moody's
expectations that revenue and earnings will weaken in 2025 as a
result of higher expected product costs due to tariffs and weak
discretionary spending particularly among Foot Locker's core
demographic, which has below average household income.
"Foot Locker's transformation efforts continue to face challenges
from increasing strains on its core customers," said Moody's Vice
President Raya Sokolyanska. "While the company is making progress
with its Reimagine store format, investing in technology, and
strengthening the NIKE relationship while expanding with other
sportswear brands, revenues have continued to decline and operating
margin remains low."
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
The review will focus on the likelihood and timing of the
transaction, as well as Dick's plans for the existing debt at Foot
Locker, including whether Foot Locker's notes will be repaid,
guaranteed or legally assumed by Dick's. The review will also
consider Foot Locker's financial performance and ability to
mitigate revenue and cost pressures in an uncertain retail
environment.
Moody's could upgrade Foot Locker's ratings if the acquisition by
Dick's closes, based on the acquirer's higher creditworthiness.
Absent the acquisition, the ratings could be upgraded if the
company demonstrates significant earnings recovery and strong
positive free cash flow generation. An upgrade would also require
continued progress in the implementation of the company's Lace Up
plan and a return to growth with its key vendor NIKE.
Quantitatively, the ratings could be upgraded if Moody's-adjusted
EBIT/interest expense is maintained above 2.75x.
In the absence of the expected transaction, the ratings could be
downgraded if Foot Locker's comparable sales and operating income
do not improve or if liquidity weakens for any reason, including
negative free cash flow or a reduced cash balance. More aggressive
financial strategies including a return to dividend distributions
before material improvement in earnings could also lead to a
downgrade. A reduction in Foot Locker's access to key
traffic-driving products from major vendors, persistent
underperformance relative to industry peers or a material lasting
shift in consumer preference away from premium athletic shoes could
also result in a downgrade. Quantitatively, the ratings could be
downgraded should Moody's-adjusted EBIT/interest expense be
sustained below 2.0x.
Headquartered in New York, NY, Foot Locker, Inc. is a specialty
retailer that sells primarily athletic footwear, apparel, and
accessories through over 2,400 stores globally, as well as its
websites and mobile apps. Banners include Foot Locker, Kids Foot
Locker, Champs Sports, WSS and atmos. Revenue for the fiscal year
ended February 01, 2025 was around $8.0 billion.
Headquartered in Coraopolis, PA, Dick's Sporting Goods is a
specialty retailer of sporting goods and athletic apparel. The
company operates 856 stores in 47 states and online under the
DICK's Sporting Goods, House of Sport, Golf Galaxy, Gamechanger and
Public Lands nameplates. Revenue was $13.4 billion for the fiscal
year ended February 01, 2025. Dick's is a public controlled company
with majority ownership by Mr. Edward Stack.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
FTX TRADING: Ch. 11 Clawback Suit Baseless, Binance Says
--------------------------------------------------------
Ben Zigterman of Law360 reports that Binance has requested a
Delaware bankruptcy judge to throw out FTX's lawsuit seeking to
reclaim $1.76 billion transferred to Binance, accusing FTX's estate
of trying to deflect responsibility for the company's November 2022
collapse.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
GENESIS GLOBAL: Sues Digital Currency for Alleged $1-Bil. Transfers
-------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that Genesis Global
Capital has sued its parent company, Digital Currency Group (DCG),
aiming to recover over $1 billion in transfers made in the year
prior to its bankruptcy filing.
In a complaint filed Monday, May 19, 2025, in the U.S. Bankruptcy
Court for the Southern District of New York, Genesis claims that
DCG, its founder Barry Silbert, and related affiliates exchanged
funds among themselves while the firm was insolvent. The crypto
lender is seeking to void the transactions as preferential
transfers under bankruptcy law and reclaim their value.
About Genesis Global
Genesis Global Holdco, LLC, through its subsidiaries, and Global
Trading, Inc., provide lending and borrowing, spot trading,
derivatives and custody services for digital assets and fiat
currency.
Genesis Global Capital, LLC (GGC) and Genesis Asia Pacific PTE.
LTD. (GAP) provide lending and borrowing, spot trading, derivatives
and custody services for digital assets and fiat currency. Genesis
Global Holdco, LLC owns 100% of GGC and GAP.
Genesis Global Holdco, LLC, GGC and GAP each filed a voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
S.D.N.Y. Lead Case No. 23-10063) on Jan. 19, 2023. The cases are
pending before the Honorable Sean H. Lane.
At the time of the filing, Genesis Holdco reported $100 million to
$500 million in both assets and liabilities.
Genesis Holdco is a sister company of Genesis Global Trading, Inc.
("GGT") and 100% owned by Digital Currency Group, Inc. ("DCG").
GGT, DCG and certain of the Holdco subsidiaries are not included in
the Chapter 11 filings. The non-debtor subsidiaries include Genesis
UK Holdco Limited, Genesis Global Assets, LLC, Genesis Asia (Hong
Kong) Limited, Genesis Bermuda Holdco Limited, Genesis Custody
Limited ("GCL"), GGC International Limited ("GGCI"), GGA
International Limited, Genesis Global markets Limited, GSB 2022 II
LLC, GSB 2022 III LLC and GSB 2022 I LLC.
The Debtors tapped Cleary Gottlieb Steen & Hamilton, LLP as
bankruptcy counsel; Morrison Cohen, LLP as special counsel; Alvarez
& Marsal Holdings, LLC as financial advisor; and Moelis & Company,
LLC as investment banker. Kroll Restructuring Administration, LLC,
is the Debtors' claims and noticing agent and administrative
advisor.
The ad hoc group of creditors is represented by Kirkland & Ellis,
LLP and Kirkland & Ellis International, LLP. The ad hoc group of
Genesis lenders is represented by Proskauer Rose, LLP. The U.S.
Trustee for Region 2 appointed an official committee to represent
unsecured creditors in the Debtors' Chapter 11 cases. The committee
tapped White & Case, LLP as bankruptcy counsel; Houlihan Lokey
Capital, Inc., as investment banker; Berkeley Research Group, LLC
as financial advisor; and Kroll as information agent.
GIUSEPPE AND THE LION: Seeks Subchapter V Bankruptcy in Florida
---------------------------------------------------------------
On May 5, 2025, Giuseppe And The Lion Inc. 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 and $10 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Giuseppe And The Lion Inc.
Giuseppe And The Lion Inc. operates an Italian and sushi restaurant
in Naples, Florida, offering live entertainment alongside its
dining experience. Established in 1991, the restaurant blends
Italian and Japanese cuisines, serving signature dishes such as
Chicken and Artichoke Hearts Pasta and Pasta Bayou. It has become a
popular destination for both locals and visitors.
Giuseppe And The Lion Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-00871) 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 Caryl E. Delano handles the case.
The Debtors are represented by Michael Dal Lago, Esq. at DAL LAGO
LAW
GREENFIRE RESOURCES: Moody's Alters Outlook on 'B3' CFR to Negative
-------------------------------------------------------------------
Moody's Ratings changed Greenfire Resources Ltd.'s outlook to
negative from stable. At the same time, Moody's affirmed
Greenfire's B3 corporate family rating, B3-PD probability of
default rating, and B3 senior secured notes rating. The speculative
grade liquidity rating was downgraded to SGL-3 from SGL-2. The
ratings outlook was changed to negative from stable.
"The negative outlook reflects Greenfire's inconsistent operational
track record and Moody's expectations for significantly lower
production levels than Moody's previously expected for 2025," said
Whitney Leavens, Moody's Ratings analyst. "The affirmation
incorporates Moody's expectations that Greenfire will improve its
execution, achieve some growth in production in 2026 and sustain
adequate liquidity in the near term supported by significant cash
balances, as well as hedging, currently narrow WCS differentials
and the ability to cut capital spending to conserve cash if
needed," she added.
RATINGS RATIONALE
Greenfire's B3 CFR is constrained by: (1) a short and inconsistent
operational track record and high execution risks around sustaining
and growing production; (2) a small and declining production and
proved developed reserves base; (3) sole exposure to bitumen and
high asset concentration exposing the company to regional risks and
limiting operational flexibility. The company's credit profile is
supported by: (1) a reserve base characterized by low capital costs
to sustain production; (2) majority ownership by Waterous Energy
Fund (WEF) since late 2024, with crossover experience of developing
other Canadian oil and gas assets. Following a period of
underperformance, WEF has appointed a new management team that is
conducting a comprehensive review of the company's operations and
strategy.
Greenfire's liquidity is adequate (SGL-3). Sources total around
C$120 million, including about C$70 million in cash as of Q1-25 and
full availability under the C$50 million reserve based lending
facility. Moody's liquidity assessment assumes the facility will be
extended by the end of May 2025; otherwise, the facility will no
longer be available on a revolving basis and term out, with any
borrowings due May 2026. Uses of liquidity over the next twelve
months through Q1-26 total nearly C$35 million, including Moody's
estimates of negative free cash flow of around C$20 million
(assuming average WTI oil price of $60/bbl in 2025-26 and $15/bbl
WCS/WTI differential), and close to C$12 million in mandatory debt
repayments. Greenfire does not have financial covenants.
Greenfire's senior secured notes mature in 2028.
The B3 rating on the company's senior secured notes is in line with
the B3 CFR, reflecting that the notes constitute the preponderance
of Greenfire's capital structure.
The negative outlook reflects Greenfire's high execution risks
related to free cash flow generation and to growing production.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if the company generates sustained
negative free cash flow, or if its liquidity weakens, or if the
company is not be able to grow its production in the near term.
The ratings could be upgraded if Greenfire is able to establish a
consistent operational track record and significantly increase its
proved developed (PD) reserves and production, reduce debt and
strengthen its leverage metrics and maintain an adequate liquidity
profile.
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
Greenfire is an Alberta based steam-assisted-gravity-drainage
(SAGD) oil sands developer and operator in the Athabasca Oil Sands
region in Northern Alberta.
HIGH WIRE: Sells Series G Convertible Preferred Shares to GHS
-------------------------------------------------------------
High Wire Networks, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
entered into a Securities Purchase Agreement with an institutional
investor, GHS Investments, LLC, pursuant to which the Company
issued 250 shares of a newly created Series G Convertible Preferred
Stock, which is convertible into common stock, par value $0.00001
per share, of the Company.
The material features of the Preferred Stock, as set forth in the
Certificate of Designation for the Preferred Stock, include the
following:
(i) the Preferred Stock is convertible into shares of the
Company's common stock at a price equal to 90% of the lowest traded
price of the Common Stock during the 10 trading days immediately
preceding any conversion;
(ii) conversions are limited so that no conversion may be made
to the extent that, following a conversion, the beneficial
ownership of the Investor and its affiliates would be more than
4.99% of the Company's outstanding shares of common stock;
(iii) the Preferred Stock is entitled to receive dividends at an
annual rate of 12% on the stated value thereof, payable quarterly
in arrears, in cash or by the issuance of additional shares of
Preferred Stock;
(iv) on the earlier of the
(1) 90th calendar day following the issuance date and
(2) the date the Common Stock is listed on a national
exchange, the Company has the obligation to redeem the Preferred
Stock for an amount equal to 110% of the outstanding Stated Value
of the Preferred Stock, plus any accrued but unpaid dividends, plus
all other amounts due to the Investor pursuant to the Certificate
of Designation; and
(v) the Preferred Stock will vote together with the Company's
common stock on an as-converted basis on all matters submitted to a
vote of its shareholders, but not in excess of the 4.99% conversion
limitation.
Under additional covenants set forth in the COD, holders of the
Preferred Stock enjoy certain other rights, including:
(i) upon the consummation of an underwritten offering by the
Company resulting in net proceeds of at least $3,000,000, occurring
prior to the one year anniversary of the issue date, the Investor
shall have the option to convert their Preferred Stock, along with
any other preferred stock of the Company then held by them, into
the securities issued in such underwritten offering, at a 35%
discount to the public offering price at which the securities in
such offering are issued;
(ii) the Investor has the right to have the conversion price
adjusted downward to match the conversion price of any newly-issued
variable price convertible security with a conversion price more
favorable than that set forth in the COD;
(iii) Investor has the right to participate in up to 20% of any
future financings we may conduct.
The Company relied on the exemption from registration afforded by
Section 4(a)(2) of the Securities Act of 1933, as amended and
Regulation D promulgated thereunder in connection with the issuance
and sale of the Preferred Stock and Conversion Shares. The offer
and sale of the Preferred Stock and Conversion Shares have not been
registered under the Securities Act and may not be offered or sold
in the United States in the absence of an effective registration
statement or exemption from the registration requirements of the
Securities Act, and in each case in compliance with applicable
state securities laws.
Full text copies of the SPA and the COD are filed as Exhibits to
the Form 8-K, available at https://tinyurl.com/y62bbtry
About High Wire
High Wire Network, Inc., incorporated on Jan. 20, 2017, is a global
provider of managed cybersecurity, managed networks, and
tech-enabled professional services delivered exclusively through a
channel sales model. The Company's Overwatch managed security
platform-as-a-service offers organizations end-to-end protection
for networks, data, endpoints, and users via multiyear recurring
revenue contracts in this fast-growing technology segment. HWN has
continuously operated under the High Wire Networks brand for 23
years.
Draper, Utah-based Sadler, Gibb & Associates, LLC, the Company's
auditor since 2014, 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 incurred losses since inception, has negative
cash flows from operations, and has negative working capital, which
creates substantial doubt about its ability to continue as a going
concern
As of Dec. 31, 2024, the Company had $5,786,771 in total assets,
$7,635,930 in total liabilities, and a total stockholders' deficit
of $1,849,159.
HIGHLANDS GROUP: To Sell Somerset Property to Jed and Amy Karalfa
-----------------------------------------------------------------
The Highlands Group LLC seeks permission from the U.S. Bankruptcy
Court for the Western District of Pennsylvania, to sell Property,
free and clear of liens, interests, and encumbrances.
The Debtor's Property are two vacant lots which are part of the
real property identified on the Debtor's schedules as 424 Country
Club Road, Johnstown, PA 15905 in Somerset County, PA and are
approximately one acre each.
The Debtor operates its golf course complex on the overall acreage
on which the vacant
lots are situated.
The Debtor receives a purchase offer in the amount of $45,000.00
from Jed and Amy
Karalfa for acreage as described in the Standard Agreement for Sale
of Vacant Land
as follows:
Saylor School Road Lots 1 & 2
Municipality of Conemaugh Twp. S-12
School District of Conemaugh Twp
Somerset County
Tax ID S12-03-56 PART OF PARCEL
Part of Identification #2747/838
The Real Property is encumbered by the following known liens:
a) First mortgage lien held by 1st Summit Bank with and approximate
amount owed of $222,000.00;
b) Mortgage lien held by Jari Growth Fund, Inc. with claimed amount
owed of $23,598.92;
c) Mortgage lien held by Johnstown Regional Industries, Inc. with
claimed amount owed of $18,291.51;
d) Mortgage lien held by Pennsylvania Industrial Development
Authority with claimed amount owed of $178,960.15;
The Debtor employs Robert Colvin and Remax Team Realtors as
Realtor.
The Realtors have procured the sale offer for the Debtor and the
estate and would receive a commission of 6% of the total sale price
or $3,500.00, whichever is greater, plus $450.00 subject to court
approval.
The Buyer's offer is a cash offer and is not subject to any
mortgage contingency.
The sale will be advertised according to local and national rules
and will request higher or better offers at hearing on sale.
About The Highlands Group LLC
The Highlands Group LLC in Johnstown, PA, filed its voluntary
petition for Chapter 11 protection (Bankr. W.D. Pa. Case No.
24-70160) on April 22, 2024, listing as much as $1 million to $10
million in both assets and liabilities. Brian C. Durham as member,
signed the petition.
Judge Jeffery A. Deller presides over the case.
STEIDL & STEINBERG, P.C., serves as the Debtor's legal counsel.
HYPERSCALE DATA: Prelim Q1 Revenue Hits $25 Million
---------------------------------------------------
Hyperscale Data, Inc., announced preliminary financial results for
the first quarter of 2025, which ended March 31, 2025, with revenue
surpassing $25 million. The Company also issued guidance for the
full fiscal year 2025, projecting revenue between $115 million and
$125 million. The Company notes year-over-year growth at its
subsidiaries, Ault Global Real Estate Equities, Inc., Circle 8
Crane Services, LLC and TurnOnGreen, Inc.
In the first quarter, Hyperscale Data recognized a significant
one-time gain of approximately $9.7 million due to the
deconsolidation of Avalanche International, Corp. Additionally, the
Company is continuing to transition its Michigan data center into a
cutting-edge artificial intelligence ("AI") data center,
positioning itself at the forefront of AI infrastructure and
service growth.
"2025 is off to a strong start with growth across several of our
core businesses," said William B. Horne, Chief Executive Officer of
Hyperscale Data. "Our transition of the Michigan facility to an AI
data center and partial divestment of non-core assets are key
milestones as we position Hyperscale Data for long-term success."
The Company's strategic transition and focus on high-growth sectors
are designed to ensure that Hyperscale Data is prepared to capture
emerging opportunities and deliver sustained value to its
stockholders. The Company encourages stockholders to read the About
Hyperscale Data, Inc. section for information regarding the
upcoming divestiture of certain Company assets.
For more information on Hyperscale Data and its subsidiaries,
Hyperscale Data recommends that stockholders, investors and any
other interested parties read Hyperscale Data's public filings and
press releases available under the Investor Relations section at
hyperscaledata.com or available at www.sec.gov.
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.
ICAHN ENTERPRISES: Moody's Lowers CFR to 'B1', Outlook Stable
-------------------------------------------------------------
Moody's Ratings has downgraded Icahn Enterprises L.P.'s (IEP)
corporate family rating and backed senior secured debt ratings to
B1 from Ba3. Its probability of default rating has also been
downgraded to B1-PD from Ba3-PD. The outlook has been changed to
stable from negative.
RATINGS RATIONALE
The downgrade reflects the weak operating performance of IEP's core
subsidiaries, lackluster investment results, and financial policies
that Moody's believes favor depositary unitholders over creditors.
As of March 31, 2025, IEP's net asset value totaled $3 billion,
down about 39% from a year ago. This decline has deteriorated its
market value-based leverage and weakened coverage of upcoming debt
maturities, aligning IEP's credit profile more closely with B-rated
investment holding companies.
The rating action also reflects the diminished creditworthiness of
IEP's largest dividend-paying subsidiary, CVR Energy, Inc. (B2
negative). Slowing economic growth keeps crack spreads volatile and
weigh on the segment's cash flow generation. Additionally, the
energy segment's continued dividend suspension pressures IEP's
already weak interest coverage ratio, which stood at 1.35x for the
twelve months ending March 31, 2025. Although IEP's real estate
segment has provided significant distributions, averaging around
$40 million annually over the past three years, these cash flows on
their own are insufficient to cover the holding company's roughly
$332 million in annual interest expenses. While cash flow and
earnings generation has deteriorated, IEP's liquid resources remain
strong with $1,318 million in cash at the holding company, and
$2,479 million in liquid investments as of March 31, 2025.
While IEP's operating companies have modest direct exposure to US
trade policy, they are procyclical. The firm's choice to use
available cash flows for unitholder distributions, despite
uncertain economic conditions, reflects a high financial risk
tolerance. Currently, IEP's distribution policy results in
annualized cash outflows of about $100 million for depositary units
not held by insiders. When combined with the unpredictable cash
election decision of its majority unitholder, Mr. Carl Icahn,
raises the liquidity demands on the firm.
IEP's B1 CFR reflects its substantial liquidity reserves and track
record of activist investing, though these strengths are tempered
by the firm's high market value-based leverage, low interest
coverage, and the key person risks associated with its reliance on
its chairman and majority depositary unitholder.
The stable outlook reflects IEP's substantial cash and liquidity
resources which, given the sensitivity of its operating
subsidiaries to the macroeconomic environment, will help it
navigate increasing market volatility or a prolonged downturn.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
IEP's ratings could be upgraded if: 1) the Energy segment's
profitability improves such that its regular dividends are restored
to levels commensurate with its historical targets, or IEP's other
operating subsidiaries contribute meaningful and regular
distributions that diversify its funds from operations; 2) there is
a sustained improvement in the Investment Funds' performance; or 3)
the firm adopts financial policies that maintain the strength of
its liquidity profile and lowers market value-based leverage below
40% on a sustained basis.
Conversely, IEP's ratings could be downgraded if: 1) market
value-based leverage increases significantly, hampering the firm's
ability to execute its activist agenda; or 2) the holding company's
available cash and liquidity resources are significantly depleted
including due to an increase in unitholder distributions without a
corresponding improvement to core operating performance; or 3)
there is further reduction in the creditworthiness or valuations of
the firm's principal operating subsidiaries.
The principal methodology used in these ratings was Investment
Holding Companies and Conglomerates published in April 2023.
J MCCLOUD REALTY: Holly Miller Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Holly Miller, Esq.,
at Gellert Scali Busenkell & Brown, LLC as Subchapter V trustee for
J McCloud Realty, LLC.
Ms. Miller will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Miller declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Holly S. Miller, Esq.
Gellert Scali Busenkell & Brown, LLC
1628 John F. Kennedy Boulevard, Suite 1901
Philadelphia, PA 19103
Telephone: (215) 238-0012
Facsimile: (215) 238-0016
Email: hsmiller@gsbblaw.com
About J McCloud Realty
J McCloud Realty, LLC filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11778) on May
6, 2025, listing between $500,001 and $1 million in assets and
between $500,001 and $1 million in liabilities.
Judge Ashely M. Chan presides over the case.
Michael I. Assad, Esq. and Brad J. Sadek, Esq. at Sadek Law
Offices, LLC represents the Debtor as legal counsel.
JAGUAR HEALTH: Investors Waive VRT Restriction for New Issuances
----------------------------------------------------------------
As previously reported, on March 26, 2025, Jaguar Health, Inc.
entered into securities purchase agreements with certain accredited
investors, pursuant to which the Company agreed to sell to the
Investors, and the Investors agreed to purchase from the Company,
approximately $3.4 million aggregate principal amount of 6%
convertible promissory notes and warrants to purchase shares of
common stock of the Company in a private placement.
Pursuant to each Securities Purchase Agreement, for a period of one
year from the date on which the registration statement registering
the resale of the shares of Company's common stock underlying the
Securities is declared effective by the United States Securities
and Exchange Commission, the Company agreed not to issue certain
securities if the issuance would constitute a Variable Rate
Transaction.
On May 5, 2025, Investors holding a majority of the Securities
executed limited waivers that permit the Company, from time to
time, to issue certain additional securities as specified in the
Limited Waiver.
The full text of such Limited Waiver is available at
https://tinyurl.com/z5cubkdf
About Jaguar Health
Jaguar Health, Inc. -- http://www.jaguar.health-- is a
commercial-stage pharmaceuticals company focused on developing
novel, plant-based, sustainably derived prescription medicines for
people and animals with gastrointestinal ("GI") distress, including
chronic, debilitating diarrhea. Jaguar Health's wholly owned
subsidiary, Napo Pharmaceuticals, Inc., focuses on developing and
commercializing proprietary plant-based human pharmaceuticals from
plants harvested responsibly from rainforest areas. The Company's
crofelemer drug product candidate is the subject of the OnTarget
study, a pivotal Phase 3 clinical trial for prophylaxis of diarrhea
in adult cancer patients receiving targeted therapy.
Larkspur, California-based RBSM, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
Mar. 31, 2025, attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that the Company has an
accumulated deficit, recurring losses, and expects continuing
future losses. These conditions raise substantial doubt about the
Company's ability to continue as a going concern. The Company,
since its inception, has incurred recurring operating losses and
negative cash flows from operations and has an accumulated deficit
of $346.5 million as of December 31, 2024.
As of Dec. 31, 2024, the Company had $53.4 million in total assets,
$44.4 million in total liabilities, $2.5 million in commitments and
contingencies and a total stockholders'equity of $6.5 million.
JSP MANAGEMENT: Section 341(a) Meeting of Creditors on June 23
--------------------------------------------------------------
On May 16, 2025, JSP Management Company LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Florida. According to court filing, the
Debtor reports $1,563,883 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
23,2025 at 01:00 PM at by U.S. Trustee TELECONFERENCE. To
participate call 866-915-4419 passcode 6071331.
About JSP Management Company LLC
JSP Management Company LLC owns property located at 1029 NE 104
Street in Miami Shores, Florida. The property's estimated value is
$2.28 million, according to Zillow.
JSP Management Company LLCsought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-15486) on
May 16, 2025. In its petition, the Debtor reports total assets of
$2,277,602 and total liabilities of $1,563,883.
Honorable Bankruptcy Judge Robert A. Mark handles the case.
The Debtors are represented by Rachamin "Rocky" Cohen, Esq. at
COHEN LEGAL SERVICES, PA.
KEYSTONE PASSIONATE: Seeks Cash Collateral Access
-------------------------------------------------
Keystone Passionate Care, LLC asked the U.S. Bankruptcy Court for
the Middle District of Pennsylvania for authority to use cash
collateral.
The Debtor owes approximately $201,000 to secured lenders Truist
Bank, Key Bank and United Consumer Financial Services, which hold
security interests in its personal property, including inventory
and accounts receivable.
The Debtor has minimal cash, about $190,000 in receivables, and
$3,000 in equipment. To maintain operations and avoid harm to its
estate and creditors, the Debtor needs to use its cash collateral
to cover payroll for 101 employees, utilities, insurance, and other
essential expenses.
As protection for the secured lenders, the Debtor proposed granting
them replacement liens on post-petition cash collateral and other
assets, to the extent of any diminution in their pre-bankruptcy
collateral. If replacement liens are insufficient, the lenders
would receive administrative claims with priority over all other
administrative expenses—except for professional fees and U.S.
Trustee fees.
About Keystone Passionate Care
Keystone Passionate Care, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Pa. Case No.
1:25-bk-01004-HWV) on April 11, 2025. In the petition signed by
Deandre Nordt, president, the Debtor disclosed up to $500,000 in
both assets and liabilities.
Judge Henry W. Van Eck oversees the case.
Robert E. Chernicoff, Esq., at Cunningham, Chernicoff & Warshawsky
PC, represents the Debtor as legal counsel.
KIDDE-FENWAL: Connecticut, Other States Block $540MM Deal
---------------------------------------------------------
Lauren Berg of Law360 reports that Connecticut and other states on
Monday, May 19, 2025, opposed Carrier Global Corp.'s proposed $540
million settlement that would shield it from liability in lawsuits
over "forever chemicals" linked to its bankrupt subsidiary,
Kidde-Fenwal Inc.
The states cited a recent U.S. Supreme Court decision that struck
down a comparable deal in Purdue Pharma LP's bankruptcy case.
About Kidde-Fenwal Inc.
Kidde-Fenwal Inc. -- https://www.kidde-fenwal.com/ -- manufactures
fire protection systems. It offers products such as fire control
systems, explosion aircraft protection, laser-based smoke detection
devices, electronic gas ignitions, and fire suppressions.
Kidde-Fenwal markets its products to mining, manufacturing,
education, and commercial sectors.
Kidde-Fenwal sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 23-10638) on May 14, 2023. In the
petition filed by its chief transformation officer, James
Mesterharm, the Debtor reported assets between $100 million and
$500 million and estimated liabilities between$1 billion and $10
billion.
The Debtor tapped Sullivan & Cromwell, LLP and Morris Nichols Arsht
& Tunnell, LLP as legal counsels; and Guggenheim Securities, LLC as
investment banker. Stretto, Inc. is the claims and noticing agent
and administrative advisor.
KIDZ TYME: Voluntary Chapter 11 Case Summary
--------------------------------------------
Debtor: Kidz Tyme Foundation Incorporated
4332 NW 17 Avenue
Miami FL 34747
Business Description: Kidz Tyme Foundation Incorporated operates
as a lessor of residential properties in
Miami, Florida. The organization manages
and leases residential buildings, providing
housing solutions within the local
community.
Chapter 11 Petition Date: May 19, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-15578
Judge: Hon. Corali Lopez-Castro
Debtor's Counsel: Christopher Hixson, Esq.
HIXSON LAW GROUP
18167 U.S. Highway 19 N, Suite 250
Clearwater FL 33764
Tel: 833-203-5294
Email: chris@hixlawgroup.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by Tanisha Curry as president.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NNYG75I/Kidz_Tyme_Foundation_Incorporated__flsbke-25-15578__0001.0.pdf?mcid=tGE4TAMA
KRATON CORP: Moody's Withdraws 'B1' Corporate Family Rating
-----------------------------------------------------------
Moody's Ratings has withdrawn Kraton Corporation's (Kraton) B1
Corporate Family Rating and B1-PD Probability of Default Rating.
The rating outlook has been changed to no outlook from negative.
There is no change to the company's backed senior unsecured notes
guaranteed by Korea Development Bank (KDB, Aa2/P-1 stable).
RATINGS RATIONALE
Moody's have decided to withdraw the rating(s) because of
inadequate information to monitor the rating(s), due to the
issuer's decision to cease participation in the rating process.
The Aa2 rating on Kraton's backed senior unsecured notes remains
unchanged and reflects KDB's Aa2(cr) long-term Counterparty Risk
(CR) Assessment, because KDB provides an unconditional and
irrevocable guarantee for the notes. A comprehensive review of all
credit ratings for the respective issuer(s) has been conducted
during a rating committee.
COMPANY PROFILE
Kraton Corporation, headquartered in Houston, Texas, is a major
global producer of styrenic block copolymers (SBCs) and specialty
chemicals derived from pine wood pulping co-products. Major end
uses for Kraton's products include paving, roofing, personal care
products, adhesives, sealants, coatings, packaging and films,
medical applications, tires and compounds. The company generated
revenues of about $2 billion in the trailing twelve months ended
September 2024.
Korea Development Bank (KDB) was established in 1954 as a
government-owned financial institution, pursuant to the KDB Act. It
is Korea's largest policy bank, with reported consolidated assets
of KRW372.6 trillion (US$253.1 billion) as of December 31, 2024.
LEE FRANCHISE: Court Extends Cash Collateral Access to June 21
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of North
Carolina issued a fourth interim order authorizing Lee Franchise
Holdings, Inc. to use cash collateral until June 21.
The fourth interim order authorized the company to use cash
collateral to pay the expenses set forth in its budget, with a 10%
variance allowed.
Lee Franchise projects total operational expenses of $59,391.35
from May 21 to June 21.
Secured creditors including Dogwood State Bank, Cashable, LLC,
Millstone Funding, Inc., Alpine Advance 5, LLC, and Pipe Advance,
LLC were granted post-petition liens and security interests in
their collateral, with the same priority as their respective
pre-bankruptcy liens and security interests.
Lee Franchise was ordered to pay $2,500 to Dogwood as partial
protection for using the cash collateral.
The company's authority to use cash collateral terminates upon the
occurrence of so-called events of default, including failure to
comply with the terms of the order; use of cash collateral other
than as agreed; dismissal or conversion of its Chapter 11 case to a
proceeding under Chapter 7; and failure to pay post-petition tax
liabilities.
The next hearing is scheduled for June 17.
About Lee Franchise Holdings
Lee Franchise Holdings, Inc. operates a commercial window cleaning
and pressure washing company in Craven County, N.C., with its
principal office at 257 Belltown Road, Havelock, N.C.
Lee Franchise Holdings filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D. N.C. Case No.
25-00617) on February 21, 2025, listing up to $500,000 in assets
and up to $1 million in liabilities. Bradley M. Lee, president of
Lee Franchise Holdings, signed the petition.
Judge Pamela W. McAfee oversees the case.
David J. Haidt, Esq., at Ayers & Haidt, P.A. is the Debtor's legal
counsel.
Secured creditor Dogwood State Bank is represented by:
William Walt Pettit, Esq.
6230 Fairview Rd, Suite 315
Charlotte, NC 28210
(704) 362-9255
walt.pettit@hutchenslawfirm.com
LI-CYCLE HOLDINGS: Files Bankruptcy in U.S. and Canada
------------------------------------------------------
Li-Cycle Holdings Corp., a leading global lithium-ion battery
resource recovery company, announced on May 14, 2025, that the
Company and its subsidiaries in North America have sought and
obtained from the Ontario Superior Court of Justice an order
providing them with creditor protection pursuant to Canada's
Companies' Creditors Arrangement Act. As part of the Initial Order,
the Court ordered, among other things, a stay of proceedings in
favor of the Li-Cycle Group for an initial period to and including
May 22, 2025 and the appointment of Alvarez & Marsal Canada Inc. as
monitor of the Li-Cycle Group during the CCAA proceedings to assist
the Company with its restructuring efforts and to report to the
Court.
The Company's U.S. subsidiaries (including Li-Cycle Inc., which
owns the Company's Spokes in Arizona, Alabama and New York, and
Li-Cycle North America Hub, Inc., which owns the Company's
Rochester Hub project) have commenced proceedings before the United
States Bankruptcy Court for the Southern District of New York under
Chapter 15 of the U.S. Bankruptcy Code for recognition of the CCAA
proceedings as a "foreign main proceeding." The U.S. Bankruptcy
Court has imposed a broad stay, for the benefit of the Company's
U.S. subsidiaries, barring the commencement of legal action, the
enforcement of remedies, any act to obtain possession of their
property in the United States or to exercise control over such
property, and other similar conduct.
As part of the CCAA proceedings, the Li-Cycle Group expects to
conduct a court-supervised sale and investment solicitation
process, which will be a continuation of its previously disclosed
efforts to seek buyers for its business or its assets.
The Li-Cycle Group has entered into a term sheet with an affiliate
of Glencore Canada Corporation, the Company's largest secured
creditor, for a DIP Facility. The DIP Facility consists of a credit
facility of up to a maximum principal amount of $10.5 million which
is expected to be used to finance Li-Cycle's working capital
requirements, including for the continued operation of its Germany
Spoke, and to implement the restructuring contemplated in the CCAA
proceedings, such as the pursuit of the SISP. The DIP Facility
remains subject to approval by the CCAA Court.
Additionally, the Li-Cycle Group has entered into an equity and
asset "stalking horse" purchase agreement with Glencore. Glencore
has agreed to a "stalking horse" credit bid for at least $40
million for certain of Li-Cycle's subsidiaries and assets,
including its Arizona Spoke, Alabama Spoke, New York Spoke, Germany
Spoke, Rochester Hub project, and its intellectual property, as
well as assumption of certain of its liabilities. The Stalking
Horse Agreement remains subject to approval by the CCAA Court.
The Company's Germany Spoke is expected to have sufficient working
capital (including through the DIP Facility) to continue operating
during the CCAA proceedings. Li-Cycle is undertaking efforts to
wind down certain of its European subsidiaries, with the exception
of its operating businesses in Switzerland and Germany. The Company
will also be winding down its subsidiaries in Asia.
As a result of the CCAA Proceedings, an event of default has
occurred under Li-Cycle's loan agreement with the U.S. Department
of Energy. Li-Cycle has not drawn down any funds under the DOE loan
facility, as the Company has not satisfied the conditions precedent
for the first advance.
The CCAA Proceedings have also caused an event of default under the
Company's convertible notes, which are held by Glencore and Wood
River Capital, LLC. Wood River Capital now would have, in the
absence of the stay of proceedings, the right to require the
redemption of its convertible notes. The event of default under the
Company's convertible notes held by Glencore has resulted in an
automatic acceleration such that the principal, interest and any
make-whole premium due thereunder have become immediately due and
payable.
As previously disclosed, the Company has been actively reducing its
cost structure and seeking financing and strategic alternatives to
fund its business. However, following a thorough review and after
careful consideration of all available alternatives and in
consultation with legal and financial advisors, the Company's Board
of Directors, following receipt of the recommendation of the
Company's Special Committee of independent directors, determined
that it was in the best interests of the Company to commence the
CCAA proceedings, with a view to pursuing the SISP and implementing
one or more transactions with respect to its business and assets.
The Company's Board of Directors and management will remain
responsible for the day-to-day operations of the Company under the
general oversight of the Monitor during the CCAA proceedings.
The Initial Order provides the Company with, among other things,
relief from certain reporting obligations under securities
legislation. As a result of the commencement of Chapter 15
Proceedings, the Company will no longer qualify to trade on the
OTCQX(R) Best Market and will be moved to the OTC Pink Markets
effective May 15, 2025.
At the "comeback" hearing before the CCAA Court on May 22, 2025,
the Li-Cycle Group intends to seek, among other things, approval of
the DIP Facility, the SISP and the Stalking Horse Agreement as a
"stalking horse" credit bid in the SISP and an extension of the
Stay Period until a subsequent date to be determined.
Additional information regarding the CCAA proceedings is available
on the Monitor's website at
https://www.alvarezandmarsal.com/LiCycle, or by calling Alvarez &
Marsal at 1-844-864-9548, or by emailing at
LiCycle@alvarezandmarsal.com. Documents relating to the
restructuring process such as the Initial Order, the Monitor's
reports to the Court, as well as other Court orders and documents
shall also be published and made available on the Monitor's
website.
About Li-Cycle Holdings Corp.
Li-Cycle Holdings Corp. is a Canada-based global lithium-ion
battery resource recovery company and pure-play lithium-ion battery
recycler.
LIGHT & WONDER: S&P Rates $800MM Senior Secured Term Loan A 'BB'
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '2'
recovery rating to Light & Wonder, Inc.'s (together with its
subsidiaries, "Light & Wonder") $800 million senior secured term
loan A due 2028. The '2' recovery rating indicates S&P's
expectation for substantial (70%-90%; rounded estimate: 75%)
recovery for lenders in the event of a payment default. Subsidiary
Light & Wonder International, Inc. will be the borrower under the
new term loan. The company will use proceeds from the proposed term
loan, along with revolver borrowings and cash on hand, to fund its
previously announced acquisition of the charitable business assets
of Grover Gaming Inc. ("Grover Gaming").
The higher level of secured debt assumed to be outstanding at
default given the term loan issuance modestly lowers recovery
prospects, but not enough to change our recovery ratings on Light &
Wonder's secured and unsecured debt. This is because we now assume
a higher level of EBITDA at emergence and enterprise valuation than
in our previous analysis to incorporate acquired EBITDA from Grover
Gaming.
All S&P's other ratings on the company are unchanged.
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P assigned its 'BB' issue-level rating and '2' recovery
rating to Light & Wonder's $800 million term loan A due 2028. The
'2' recovery rating indicates its expectation for substantial
(70%-90%; rounded estimate: 75%) recovery for lenders in a payment
default.
-- S&P's 'BB' issue-level rating on Light & Wonder's $1 billion
revolver and $2.2 billion term loan and '2' recovery rating are
unchanged.
-- S&P's 'B+' issue-level rating and '5' recovery rating on Light
& Wonder's senior unsecured notes are unchanged. The '5' recovery
rating indicates its expectation for modest (10%-30%; rounded
estimate: 10%) recovery for noteholders in a payment default.
Simulated default assumptions
-- In S&P's simulated default, it contemplates a default occurring
in 2029 due to a prolonged economic downturn that reduces consumer
spending on gaming, decreases the company's installed base, extends
the gaming equipment replacement cycle, and significantly cuts
spending on new equipment.
-- S&P said, "We assume Light & Wonder will reorganize under a
distressed scenario, and we use a 6x multiple to value the company,
which is modestly lower than the average multiple we use for the
leisure industry. The lower multiple reflects the highly volatile
nature of the company's product sales (due to its reliance on new
casino openings and the strength or weakness of the replacement
cycle), the sensitivity of consumer discretionary spending in
casinos to economic conditions, and the revenue mix shift to
digital gaming, which we view as more volatile and highly
competitive."
-- S&P assumes the $1 billion revolving credit facility is 85%
drawn at the time of default.
-- S&P said, "In our analysis, we assume Light & Wonder's domestic
operating subsidiaries, which are guarantors of the credit
facility, generate about 67% of its total revenue and that foreign
subsidiaries generate about 33%. As a result, we attributed 67%
($2.1 billion) of the net available recovery value to domestic
operating entities and 33% ($1 billion) to foreign operating
entities."
-- Under S&P's analysis, the senior secured debtholders have a
priority claim against substantially all the available domestic
value ($2.1 billion) and a priority claim against 65% ($0.7
billion) of the foreign value ($1 billion), which represents the
value it has attributed to the foreign stock pledge.
-- Total value attributable to senior secured claims is $2.8
billion. S&P estimated total first-lien senior secured claims of
$3.7 billion at default, leaving a first-lien unsecured deficiency
claim of about $0.9 billion. The first-lien senior credit
facilities' unsecured deficiency claim and the senior unsecured
notes' claim (which it estimates at about $1.8 billion at default)
would constitute pari passu unsecured claims against the remaining
$0.4 billion of recovery value, which represents the value S&P
attributes to the 35% unpledged foreign equity.
Simplified waterfall
-- Emergence EBITDA: $557 million
-- EBITDA multiple: 6.0x
-- Gross recovery value: $3.3 billion
-- Net recovery value (after 5% administrative expenses): $3.1
billion
-- Valuation split (obligor/nonobligor): 67%/33%
-- Estimated secured debt claims at default: $3.7 billion
-- Total value available to secured debt, including its pro rata
share of value available to unsecured claims: $2.9 billion
--Recovery expectations: 70%-90% (rounded estimate: 75%)
-- Estimated senior unsecured claims and pari passu secured
deficiency claims: $2.7 billion
-- Value available to unsecured claims: $0.4 billion
--Recovery expectations: 10%-30% (rounded estimate: 10%)
Note: All debt amounts include six months of prepetition interest.
LONERO ENGINEERING: Creditors to Get Proceeds From Liquidation
--------------------------------------------------------------
Lonero Engineering Co., Inc., filed with the U.S. Bankruptcy Court
for the Eastern District of Michigan a Combined Plan of Liquidation
and Disclosure Statement dated May 2, 2025.
The Debtor was established in 1951 to provide, among other things,
precision machining solutions for complex close-tolerance
applications. This includes patented tooling for deep rolling
automotive crankshafts for internal combustion engines.
Beginning with the so-called electric vehicle ("EV") mandates, auto
manufacturers began shifting production from gasoline vehicles to
EVs. Additionally, the Debtor went out of formula with Bridge, who
is the Debtor's senior secured creditor; and, as a result, Bridge
declared a default under its loan documents. Thereafter, the Debtor
and Bridge entered into a forbearance agreement, which expired on
November 30, 2024, and required the appointment of a receiver in
the event of a further default.
In or about December 2024, the Receiver advised Debtor and its
employees that he had made the decision to cease all operations of
the Debtor and to liquidate its assets. Liquidation of the assets
without also realizing on the going concern value of the Debtor
would likely have resulting in approximately $2.2 million in
proceeds, which would only have been paid to Bridge leaving all
other creditors, including the SBA, wholly unpaid.
When the Debtor learned that the Receiver intended to liquidate and
close the Debtor's business, rather than sell the Debtor's business
as a going concern, the Debtor filed this Case.
The Debtor seeks to liquidate its assets in this Chapter 11
proceeding pursuant to the procedures set forth in the Plan and is
not continuing in business.
Class IV consists of the Allowed Claims of all Unsecured Creditors.
The Creditors Trust shall be established for the benefit of Group
I, Group, II, Group III, and Class IV Creditors. The Creditors
Trust shall be effective as of the later of (i) the Effective Date
or (ii) the date on which a fully executed copy of the Creditors
Trust is filed with the Court.
The corpus of the Creditors Trust shall be composed of the
following:
* Any and all assets, not otherwise sold or transferred in
accordance with the Sale Order, of the Debtor and the Debtor-in
Possession including without limitation all Cash (after payment of
all senior Claims, Administrative Claims, and Priority Claims) and
Causes of Action, which shall be subject to any lien provided under
Article 2.2.7.
* After payment of all unpaid Group I, II, or III Claims, the
Creditors Trust shall distribute such Pro-Rata to Holders of
Allowed Class IV Claims less any costs for administration of the
Creditors Trust in accordance with the terms of the Creditors
Trust.
Class V consists of all Allowed Interests. Vince Lonero, Pam
Cudney, and John Sgalia are the members of Class V. The members of
Class V shall not receive any distribution whatsoever and the
Interests shall be cancelled on the Effective Date of the Plan. The
Holders of Class V shall have the obligation to prepare and timely
file the Debtor's final tax return(s) at their sold cost and
expense.
Upon the Effective Date and subject only to the terms of this Plan,
all assets of the Debtor, Debtor-in-Possession, and the Estate, not
otherwise sold or transferred in the Bankruptcy Case by the Sale
Order or other Final Order of the Court, wherever situated, shall
be transferred to, and vest in, the Creditors Trust, free and clear
of all liens, claims, encumbrances and interests.
The Liquidating Agent and the Debtor shall execute the Creditors
Trust. Under no circumstances shall any of the Debtor's officers,
directors, shareholders, or other governing authorities be entitled
to any compensation from the Debtor or the Creditors Trust for
services provided after the Effective Date, unless such individuals
are subsequently employed pursuant to a written agreement by the
Creditors Trust to assist in the consummation of the Plan or in the
administration of the Creditors Trust.
A full-text copy of the Combined Plan and Disclosure Statement
dated May 2, 2025 is available at https://urlcurt.com/u?l=YusUtm
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Michael E. Baum, Esq.
John J. Stockdale, Jr., Esq.
Schafer and Weiner, PLLC
40950 Woodward Avenue, Suite 100
Bloomfield Hills, MI 48304
Tel: (248) 540-3340
Email: jstockdale@schaferandweiner.com
About Lonero Engineering Co.
Lonero Engineering Co., Inc. is a company based in Troy, Mich.,
which operates as a specialized machine shop providing precision
machining services for complex, close-tolerance applications.
Lonero sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. E.D. Mich. Case No. 25-40041) on Jan. 3, 2025. In its
petition, the Debtor reported up to $50,000 in assets and up to
$500,000 in liabilities.
Judge Lisa S. Gretchko handles the case.
The Debtor is represented by Michael E. Baum, Esq., and John J.
Stockdale, Jr., Esq., at Schafer and Weiner, PLLC.
Bridge Business Credit, LLC, as lender, is represented by:
Ronald A. Spinner, Esq.
Miller, Canfield, Paddock and Stone, PLC
150 West Jefferson, Suite 2500
Detroit, MI 48226
Telephone: (313) 496-7829
Facsimile: (313) 496-7500
Email: spinner@millercanfield.com
LOYALTY VENTURES: Saratoga CLO Marks $2.9 Million Loan at 93% Off
-----------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $2,913,525 loan extended to Loyalty Ventures Inc. to
market at $211,231 or 7% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan B to Loyalty Ventures
Inc. The loan accrues interest at a rate of Prime 5.50% per annum.
The loan matures on November 3, 2027.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Loyalty Ventures Inc.
Loyalty Ventures Inc. provides tech-enabled, data-driven consumer
loyalty solutions.
LUCENA DAIRY: Seeks to Sell Aguadilla Property
----------------------------------------------
Lucena Dairy Inc. and its affiliate, Luna Dairy Inc., seek approval
from the U.S. Bankruptcy Court for the District of Puerto Rico, to
sell Property, free and clear of liens, interests, and
encumbrances.
The Debtors finally were able to reach an agreement with secured
creditor Condado 4 LLC which put an end to multiple controversies.
and agreed to the treatment provided under the Debtors' Amended
Plan.
The Debtors have filed a Second Amended Consolidated Joint Plat of
Reorganization and provides.
The Plan provides for the sale of two lots of land, at Aguadilla
Puerto Rico, Lot Nos. 99 and 4,344, which are part of Condado's
collateral.
The parties have agreed to sell two lots of land for $1,300,000.
The Property has an appraisal value of approximately $1,010,000.
Pursuant to the Stipulation, Condado will carve out $200,000 to be
provided to the Debtors' for the purchase of additional cattle or
for operational needs to preserve the operations of the Debtors.
The Properties were owned by Mr. and Mrs. Jorge Lucena, debtors'
shareholders, who transferred to the title to Lucena Dairy.
The Debtors believe that the sale of the Properties, will be of
substantial benefit to the estate and creditors.
About Lucena Dairy Inc.
Lucena Dairy Inc. is engaged in the production of cows' milk and
other dairy products and in raising dairy heifer replacements.
Lucena Dairy sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. P.R. Case No. 23-02835) on September 8,
2023. Its affiliate, Luna Dairy Inc., filed Chapter 11 petition
(Bankr. D. P.R. Case No. 23-02837) on September 9, 2023. Jorge
Lucena Betancourt, president, signed both petitions.
At the time of the filing, Lucena Dairy reported $1,905,560 in
assets and $11,464,130 in liabilities while Luna Dairy reported
$4,102,639 in assets and $11,316,130 in liabilities.
Judge Edward A. Godoy oversees the cases.
Carmen D. Conde Torres, Esq., at C. Conde & Associates, represents
the Debtors as legal counsel.
LUCENA DAIRY: To Sell Hatillo Property to Steven M. Fenosik
-----------------------------------------------------------
Lucena Dairy Inc. and its affiliate, Luna Dairy Inc., seek approval
from the U.S. Bankruptcy Court for the District of Puerto Rico, to
sell Property, free and clear of liens, interests, and
encumbrances.
The Debtors' Property is the Lot No. 2393 located in Hatillo,
Puerto Rico, with the purchase value of $75,000,000.
The Debtor and Condado 4 LLC filed a Stipulation for treatment of
Condado's Amended Claim wherein the parties have agreed for the
treatment to be provided to Condado.
The proceeds from the sale will be turned over to Condado since the
Property serves as collateral to Condado's claim.
The Debtors have been able to market the Property to Steven M.
Fenosik and Sylka I Lucena Retirement Plan Trust and have been able
to obtain a purchase offer of $5,000.
The Debtors believe that the sale of the Property will be of
substantial benefit to the estate and creditors since the sale
would provide a payment to Condado.
In the instant case, the Purchaser is willing to pay more than the
appraisal value of the real estate.
About Lucena Dairy Inc.
Lucena Dairy Inc. is engaged in the production of cows' milk and
other dairy products and in raising dairy heifer replacements.
Lucena Dairy sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. P.R. Case No. 23-02835) on September 8,
2023. Its affiliate, Luna Dairy Inc., filed Chapter 11 petition
(Bankr. D. P.R. Case No. 23-02837) on September 9, 2023. Jorge
Lucena Betancourt, president, signed both petitions.
At the time of the filing, Lucena Dairy reported $1,905,560 in
assets and $11,464,130 in liabilities while Luna Dairy reported
$4,102,639 in assets and $11,316,130 in liabilities.
Judge Edward A. Godoy oversees the cases.
Carmen D. Conde Torres, Esq., at C. Conde & Associates, represents
the Debtors as legal counsel.
LYLES CAPITAL: Seeks Chapter 11 Bankruptcy in Arkansas
------------------------------------------------------
On May 14, 2025, Lyles Capital Management LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
Arkansas. According to court filing, the
Debtor reports $1,448,142 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Lyles Capital Management LLC
Lyles Capital Management LLC is a real estate company based in
Jonesboro, Arkansas. It owns and manages multi-unit residential
properties, including several addresses on Melrose and State
Streets in Jonesboro.
Lyles Capital Management LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-11634) on
May 14, 2025. In its petition, the Debtor reports total assets of
$2,075,773 and total liabilities of $1,448,142.
Honorable Bankruptcy Judge Phyllis M. Jones handles the case.
The Debtors are represented by Joel G. Hargis, Esq. at CADDELL
REYNOLDS LAW FIRM.
M.I.S. COMMODITIES: Tarek Kiem Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 21 appointed Tarek Kiem, Esq., at Kiem
Law, PLLC as Subchapter V trustee for M.I.S. Commodities, Inc.
Mr. Kiem will be paid an hourly fee of $300 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Kiem declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tarek Kiem, Esq.
Kiem Law, PLLC
8461 Lake Worth Road, Suite 114
Lake Worth, FL 33467
Tel: (561) 600-0406
Email: tarek@kiemlaw.com
About M.I.S. Commodities
M.I.S. Commodities, Inc. is an international marketer of food and
agricultural products, connecting farmers and consumers through its
trading and logistics expertise. The company specializes in soft
commodities, pulses, and select energy services and equipment. With
headquarters in Geneva and offices in Bach and Stamford,
Connecticut, M.I.S. Commodities operates globally.
M.I.S. Commodities sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15027) on May 5,
2025, listing between $500,000 and $1 million in assets and between
$1 million and $10 million in liabilities. Aitor Deurquiza,
president of M.I.S. Commodities, signed the petition.
Judge Erik P. Kimball presides over the case.
Adam I. Skolnik, Esq., at the Law Office of Adam I. Skolnik, PA
represents the Debtor as bankruptcy counsel.
MANHATTAN COUNTRY SCHOOL: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------------------
Jonathan Randles and Erin Hudson of Bloomberg News report that
Manhattan Country School, a private Upper West Side institution
known for its progressive curriculum and commitment to social
justice, has filed for Chapter 11 bankruptcy as it faces potential
foreclosure.
The school submitted its petition on Friday, May 16, 2025,
reporting assets and liabilities each between $10 million and $50
million. With a sliding-scale tuition model based on families'
ability to pay, the school said it incurred financial losses during
the Covid-19 pandemic after reducing tuition to support struggling
parents. The school's maximum annual tuition is $59,000.
About Manhattan Country School
Manhattan Country School is a private Upper West Side institution
known for its progressive curriculum and commitment to social
justice.
Manhattan Country School sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11009) on May 16,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge David S. Jones handles the case.
The Debtor is represented by Roy J. Lester, Esq. at Lester Korinman
Kamran & Masini, P.C.
MCKNIGHTS ACADEMY: Todd Hennings Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Region 21 appointed Todd Hennings, Esq., at
Macey, Wilensky & Hennings, LLP as Subchapter V trustee for
McKnights Academy of Excellence, LLC.
Mr. Hennings will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Hennings declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Todd E. Hennings, Esq.
Macey, Wilensky & Hennings, LLP
5500 Interstate North Parkway, Suite 435
Sandy Springs, GA 30328
Phone: (404) 584-1222
Email: info@joneswalden.com
About McKnights Academy of Excellence
McKnights Academy of Excellence, LLC filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Ga. Case No.
25-55076) on May 6, 2025, listing between $100,001 and $500,000 in
assets and up to $50,000 in liabilities.
Brad Fallon, Esq., at Fallon Law, PC represents the Debtor as
bankruptcy counsel.
METRO MATTRESS: Seeks to Extend Plan Exclusivity to July 1
----------------------------------------------------------
Metro Mattress Corp. asked the U.S. Bankruptcy Court for the
Northern District of New York to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to July
1 and September 2, 2025, respectively.
Since the commencement of this case, the Debtor has accomplished a
significant step in right sizing its business and moving along the
path toward reorganization. The Court authorized the Debtor to
conduct store closing sales at its New England stores and to reject
the Debtor's leases of non-residential real property located in the
New England market.
The Debtor explains that it has retained (the retention application
was filed with the Court on December 23, 2024) Ronald Teplitsky and
Next Point, LLC to assist in preparation and analysis of financial
reports, projections and restructuring options. With Next Point's
assistance, the Debtor has initiated a number of cost saving
measures and has worked to improve its revenue through targeted
marketing and strategic inventory purchases.
Thus, while the Debtor has taken a number of necessary steps to
improve its financial condition, it has also solicited interest in
the purchase of its business. The Debtor has contacted a number of
potential purchasers and has received expressions of interest from
at least two groups (both of which are also potentially interested
in acquiring the business of nondebtor affiliated entities). The
Debtor expects to receive one or more written letters of intent or
formal purchase offers within the next two to three weeks.
The Debtor claims that upon receipt of those expressions of
interest, the company (and possibly non-debtor entities) will
engage in discussions with multiple stake holders, including
secured creditors (one of which has pervasive liens on the assets
of the Debtor and non-debtor entities), contract and lease
counterparties, and the Committee. Thus, the Debtor requests a
further extension of approximately 60 days of the day period
described in Section 1121(b) of the Bankruptcy Code.
The Debtor asserts that terminating the exclusivity periods before
the company has an adequate opportunity to resolve key issues
affecting any proposed plan of reorganization will frustrate the
purpose of Bankruptcy Code Section 1121. The Debtor intends to file
a proposed plan of reorganization as soon as practicable. Under the
circumstances of these cases, however, the Debtor submits that the
initial exclusivity period, and even as extended, has not permitted
a sufficient amount of time to permit them to achieve this
objective.
Metro Mattress Corp. is represented by:
Jeffrey A. Dove, Esq.
Barclay Damon LLP
Barclay Damon Tower
125 East Jefferson Street
Syracuse, NY 13202
Telephone: (315) 413-7112
E-mail: jdove@barclaydamon.com
About Metro Mattress Corp.
Metro Mattress Corp. is specialty retailer of mattresses serving
New York, Connecticut, New Hampshire, Massachusetts, and Rhode
Island customers.
Metro Mattress Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D.N.Y. Case No. 24-30773) on Sept. 4,
2024. In the petition filed by Dino Cifelli, chief executive
officer, the Debtor estimated assets between $1 million and $10
million and liabilities between $10 million and $50 million.
Judge Wendy A. Kinsella oversees the case.
The Debtor tapped Barclay Damon LLP as bankruptcy counsel,
Mackenzie Hughes LLP as special labor and employment counsel, and
NextPoint LLC as financial advisor.
MICHAELS COMPANIES: Saratoga CLO Marks $2.9 Million Loan at 19% Off
-------------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $2,417,349 loan extended to Michaels Companies Inc. to
market at $1,957,038 or 81% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan B to Michaels
Companies Inc. The loan accrues interest at a rate of 3M USD SOFR+
4.25% per annum. The loan matures on April 8, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Michaels Companies Inc.
Michaels Companies, Inc., is a dedicated arts and crafts specialty
retailer. The company primarily sells general and children's
crafts, home decor and seasonal items, framing and scrapbooking
products. The company was taken private by Apollo Global Management
Inc. in a transaction valued at about $5.5 billion in April 2021.
MODIVCARE INC: CFO, CIO to Depart as Part of Biz Model Evolution
----------------------------------------------------------------
ModivCare Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that each of Barbara Gutierrez,
Chief Financial Officer, and Jessica Kral, Chief Information
Officer, was notified that her employment with the Company would be
ending effective May 31, 2025.
Mses. Gutierrez's and Kral's departures are not the result of any
dispute or disagreement with the Company, the Company's management
or the Board of Directors of the Company on any matter relating to
the Company's operations, policies or practices.
Their departures come as Modivcare evolves its organizational
structure in an effort to support the next phase of its
modernization strategy--built on the financial and technology
foundations they helped establish during their time with the
company.
Each of Ms. Gutierrez and Ms. Kral will be entitled to severance
compensation pursuant to the terms of the Company's executive
severance policy and their respective offer letters with the
Company, each as previously disclosed by the Company, in exchange
for entering into a separation agreement and general release of
claims with the Company.
Effective upon Ms. Gutierrez's departure on May 31, 2025, L. Heath
Sampson, the Company's Chief Executive Officer, will assume the
role of the Company's principal financial officer.
"We are grateful to Barb and Jessica for their leadership,
dedication, and contributions to Modivcare," said Heath Sampson,
Chief Executive Officer of Modivcare. "Barb played a critical role
in strengthening our financial strategy and capital structure
amidst ongoing macroeconomic uncertainty, while Jessica's
leadership has been instrumental in the continuing modernization of
the technology infrastructure that serves as the backbone of our
operations. Both Barb and Jessica leave behind strong teams and we
believe their efforts will have a lasting impact on the company."
As Modivcare strives to advance its cost reduction and
technology-driven integration efforts, the company has determined
that it will not be replacing the CFO or CIO roles at this time.
The company is confident that the experienced and capable teams
already in place under both functions are well-positioned to
support the next phase of Modivcare's growth and modernization
strategy.
"These decisions are part of a broader, structural shift in how we
operate," added Sampson. "We are working to flatten the
organization and unlock greater speed and accountability as we
embed automation, intelligent systems, and financial discipline
across the business. We thank Barb and Jessica for their service
and wish them continued success in their future endeavors."
About ModivCare
ModivCare Inc. is a technology-enabled healthcare services company
that provides a suite of integrated supportive care solutions for
public and private payors and their members.
At December 31, 2024, ModivCare had 1,654,332,000 in total assets,
1,692,806,000 in total liabilities, and 38,474,000 in total
stockholders'deficit.
* * *
As reported by the Troubled Company Reporter in March 2025, S&P
Global Ratings lowered its issuer credit rating on ModivCare Inc.
to 'CCC+' from 'B-'. The outlook is negative.
MPH ACQUISITION: Saratoga CLO Marks $2.6 Million Loan at 16% Off
----------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $2,616,207 loan extended to MPH Acquisition Holdings LLC
to market at $2,198,556 or 84% of the outstanding amount, according
to Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Second-Out Term Loan to MPH
Acquisition Holdings LLC. The loan accrues interest at a rate of 3M
USD SOFR+ 4.60% per annum. The loan matures on December 31, 2030.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About MPH Acquisition Holdings LLC
MPH Acquisition Holdings LLC, doing business as MultiPlan, provides
health care solutions. The Company offers payment integrity,
network, and analytics based solutions. MultiPlan serves customers
in the United States.
NAOUI LLC: Lender Seeks to Prohibit Cash Collateral Access
----------------------------------------------------------
Wilmington Savings Fund Society, FSB, as trustee for Ibis Holdings
A Trust, asked the U.S. Bankruptcy Court for the District of
Maryland, Baltimore Division, to prohibit Naoui, LLC from using
cash collateral, specifically, rental income from multiple real
estate properties secured by promissory notes and deeds of trust.
Wilmington, through its loan servicer Selene Finance, argued that
the Debtor has not complied with necessary bankruptcy procedures,
including the filing of required financial schedules and
statements, and has failed to request court authorization to use
the rental income. This income, according to Wilmington, is subject
to its security interest under the deeds of trust and cannot
legally be used without its consent or court approval.
The creditor argued that the Debtor has continued to use this
income while remaining delinquent on its loan obligations and
without providing transparency or adequate protection for the
creditor's financial interests.
Wilmington asked the court to issue an order prohibiting any
further use of the rental income, requiring the Debtor to make
contractual adequate protection payments, and compelling the Debtor
to account for all rental income received since the bankruptcy
filing. The creditor also requested copies of all leases or rental
agreements related to the properties and that any income generated
be placed in a segregated debtor-in-possession account.
A court hearing is set for June 6.
About Naoui LLC
Naoui, LLC is engaged in the leasing and management of residential,
commercial, and industrial real estate properties.
Naoui sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Md. Case No. 25-12871) on April 2, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Nancy V. Alquist oversees the case.
The Debtor is represented by Duane R. Demers, Esq., at the Law
Offices of Ali K, LLC.
Wilmington Savings Fund Society, FSB, as trustee for Ibis Holdings
A Trust, is represented by:
Thomas Gartner, Esq.
De Cubas & Lewis, PA
P.O. Box 5026
Fort Lauderdale, FL 33310 (954) 453-0365
Email: thomas.gartner@decubaslewis.com
NETCAPITAL INC: Records $17.9M Impairment on Equity Investments
---------------------------------------------------------------
Netcapital Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company conducted its
quarterly evaluation of equity investments under Accounting
Standards Codification (ASC) Topic 321, Investments - Equity
Securities. Based on this review, the Company identified multiple
investments that were impaired and recognized a total impairment
expense of $17,935,476.
StockText LLC:
Netcapital Inc. holds 2,440,000 units of StockText LLC. The key
personnel have resigned from the business because of significant
adverse changes in the regulatory environment. StockText LLC
discontinued its fundraising efforts on April 30, 2025, and its
escrow bank was instructed to return all investor funds. Due to the
resignation of management, cessation of operations, and the refund
of funds, Netcapital Inc. determined that the fair value of its
investment was impaired and recognized an impairment expense of
$1,220,000.
CupCrew LLC:
Netcapital Inc. holds 2,853,659 units of CupCrew LLC. The key
personnel have resigned from the business because of significant
adverse changes in the regulatory environment. CupCrew LLC
discontinued its fundraising efforts on April 30, 2025, and its
escrow bank was instructed to return all investor funds. Based on
these developments, Netcapital Inc. determined that its investment
was fully impaired and recorded an impairment expense of
$1,170,000.
CountSharp LLC:
Netcapital Inc. holds 2,853,659 units of CountSharp LLC. The key
personnel have resigned from the business because of significant
adverse changes in the regulatory environment. CountSharp LLC
discontinued its fundraising efforts on April 30, 2025, and its
escrow bank was instructed to return all investor funds. Based on
these indicators, Netcapital Inc. determined that its investment
was fully impaired and recorded an impairment expense of
$1,170,000.
HeadFarm LLC:
Netcapital Inc. holds 2,853,659 units of HeadFarm LLC. The key
personnel have resigned from the business because of significant
adverse changes in the regulatory environment. HeadFarm LLC
discontinued its fundraising efforts on April 30, 2025, and its
escrow bank was instructed to return all investor funds. Netcapital
Inc. concluded that its investment in HeadFarm LLC was fully
impaired and recorded an impairment expense of $1,170,000.
RealWorld LLC:
Netcapital Inc. holds 2,853,659 units of RealWorld LLC. The key
personnel have resigned from the business because of significant
adverse changes in the regulatory environment. RealWorld LLC
discontinued its fundraising efforts on April 30, 2025, and its
escrow bank was instructed to return all investor funds. Based on
these circumstances, Netcapital Inc. determined that its investment
was fully impaired and recorded an impairment expense of
$1,170,000.
AceHedge LLC:
Netcapital Inc. holds 2,816,154 units of AceHedge LLC. The key
personnel have resigned from the business because of significant
adverse changes in the regulatory environment. AceHedge LLC
discontinued its fundraising efforts on April 30, 2025, and its
escrow bank was instructed to return all investor funds. These
events led Netcapital Inc. to determine that the investment was
fully impaired and recognized an impairment expense of $1,110,000.
Dark LLC:
Netcapital Inc. holds 2,100,000 units of Dark LLC. Dark LLC failed
to file its annual report with the State of Massachusetts, its
registered agent resigned, and all key executives departed. Based
on these adverse developments, Netcapital Inc. determined that the
investment in Dark LLC was fully impaired and recorded an
impairment expense of $2,100,000.
Fantize LLC:
Netcapital Inc. holds 2,816,154 units of Fantize LLC. The key
personnel have resigned from the business because of significant
adverse changes in the regulatory environment. Fantize LLC
discontinued its fundraising efforts on April 30, 2025, and its
escrow bank was instructed to return all investor funds. Netcapital
Inc. determined that its investment was fully impaired and recorded
an impairment expense of $1,110,000.
Caesar Media Group Inc:
Netcapital Inc. holds 400 shares of Caesar Media Group Inc. Caesar
Media Group Inc. failed to file its annual report, did not pay
franchise taxes, and has not responded to communication attempts.
As a result of these failures and the absence of any knowledge of
ongoing operations, Netcapital Inc. determined that its investment
was fully impaired and recognized an impairment expense of
$1,999,128.
ChipBrain LLC:
Netcapital Inc. holds 710,200 units of ChipBrain LLC. The President
of ChipBrain LLC reported that advances in generative artificial
intelligence had rendered the company's software easily replicable,
eliminating its competitive advantage. This represents a
significant adverse change in the technological environment and
industry in which ChipBrain LLC operates. In addition, ChipBrain
LLC failed to file its annual report and pay the required franchise
taxes. Based on these combined factors, Netcapital Inc. determined
that its investment was fully impaired and recognized an impairment
expense of $3,366,348.
Deuce Drone LLC:
Netcapital Inc. holds 2,350,000 units of Deuce Drone LLC. According
to public records, Deuce Drone LLC is listed as inactive with the
State of Delaware. The company failed to file its annual report,
and its registered agent and key management have resigned. Based on
these indicators of discontinued operations, Netcapital Inc.
determined that its investment was fully impaired and recognized an
impairment expense of $2,350,000.
Each impairment determination was made pursuant to ASC 321-10-35-3,
based on qualitative indicators that the fair value of each
investment was more likely than not below its carrying value and
that the decline was other-than-temporary
The Company does not expect to recover any value from these
investments.
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.
NETCAPITAL INC: Signs $126K Convertible Notes With 1800 Diagonal
----------------------------------------------------------------
Netcapital Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company entered into
two separate Securities Purchase Agreements with 1800 Diagonal
Lending LLC, a Virginia limited liability company, under which it
issued the following convertible promissory notes:
* A Convertible Promissory Note in the principal amount of
$61,360, for a purchase price of $52,000, reflecting an original
issue discount of $9,360. The note carries a one-time interest
charge of 12% and is repayable in ten (10) monthly payments of
$6,872.30 beginning May 30, 2025. It matures on February 28, 2026
and is convertible into shares of common stock following an event
of default, subject to a 25% discount to the then-current market
price, subject to Nasdaq shareholder approval limits.
* A second Convertible Bridge Note in the principal amount of
$64,960, for a purchase price of $56,000, with an original issue
discount of $8,960. The note also carries a 12% one-time interest
charge and is repayable in five (5) monthly payments beginning
October 30, 2025. It shares the same maturity date and
default-based conversion rights as the first note.
Upon the occurrence and during the continuation of any Event of
Default (as defined in either note), the note shall become
immediately due and payable, and we are required to pay Lender, in
full satisfaction of its obligations hereunder, an amount equal to
150% times the sum of (w) the then outstanding principal amount of
the notes plus (x) accrued and unpaid interest on the unpaid
principal amount of the notes to the date of payment plus (y)
Default Interest, if any, on the amounts referred to in clauses (w)
and/or (x) plus (z) any amounts owed to the Lender pursuant to
Article IV of the notes (the then outstanding principal amount of
the notes to the date of payment plus the amounts referred to in
clauses (x), (y) and (z) shall collectively be known as the
"Default Amount") and all other amounts payable hereunder shall
immediately become due and payable, all without demand, presentment
or notice, all of which hereby are expressly waived, together with
all costs, including, without limitation, legal fees and expenses,
of collection, and the Lender shall be entitled to exercise all
other rights and remedies available at law or in equity.
Notwithstanding anything to the contrary contained herein, in the
event that following an Event of Default (other than Section 3.2),
a default pursuant to Section 3.2 of the notes related to
Conversion and the Shares occurs, the Default Percentage shall be
immediately adjusted to 200%.
Following an event of default, the notes become convertible into
shares of our common stock at the then existing conversion price, a
discount to the trading price, subject to limitations. During the
period beginning on the issuance date of the notes and ending on
the date which is 180 days following the issuance date of this
Note, the Note Conversion Price will be $1.00; and following the
Initial Period, the Note Conversion Price shall mean 75% multiplied
by the Market Price (representing a discount rate of 25%). "Market
Price" means the lowest trading price for our common stock during
the 10 trading day period ending on the latest complete trading day
prior to the conversion date. The notes include customary default
provisions, including non-payment, failure to deliver shares upon
conversion, and cessation of operations.
On April 29, 2025, the Company also adopted a standard form of
promissory note to be used in private financing transactions with
certain accredited investors. Under the form, the Company issued
two unsecured, non-convertible promissory notes in the total
principal amount of $600,000, for gross proceeds of $300,000,
reflecting a 50% original issue discount. The notes bear interest
at 8% per annum, mature in three months, and are prepayable at any
time without penalty. Upon default, interest accrues at 20% per
annum. The Company expects to issue additional notes using this
form in future private placements.
The Company used the proceeds of the notes for general working
capital purposes.
The Company issued the convertible notes described above in
reliance on the exemption from registration provided by Section
4(a)(2) of the Securities Act of 1933 and Rule 506 of Regulation D
thereunder. The notes were offered and sold to an accredited
investor, 1800 Diagonal Lending LLC, for investment purposes
without general solicitation. The non-convertible notes were also
issued pursuant to Section 4(a)(2), in private placements to
accredited investors. No underwriters were involved, and no
commissions were paid in connection with the issuances.
The foregoing descriptions of the security purchase agreements, the
convertible promissory notes, and the standard form of promissory
note are qualified in their entirety by reference to the full text
of the agreements, which are filed as Exhibits 10.1, 10.2, 4.1,
4.2, and 4.3 to the 8-K Report, available at
https://tinyurl.com/y2wcwfzn
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.
NEXT LEVEL: Saratoga CLO Marks $2.3 Million Loan at 20% Off
-----------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. has marked its
$2,382,698 loan extended to Next Level Apparel, Inc. to market at
$1,894,245 or 80% of the outstanding amount, according to Saratoga
CLO's Form 10-K for the fiscal year ended February 28, 2025, filed
with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to Next Level Apparel,
Inc. The loan accrues interest at a rate of 3M USD SOFR+ 7.50% per
annum. The loan matures on August 9, 2026.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Next Level Apparel, Inc.
Designer and manufacturer of clothing line intended for
customization. The company offers fabric blends and a range of
tops, enabling promotional product companies and decorators to
create comfortable apparel for their clients.
OCEAN FIVE: Carol Fox of GlassRatner Named Subchapter V Trustee
---------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Carol Fox of GlassRatner
as Subchapter V trustee for Ocean Five Condominium Association,
Inc.
Ms. Fox will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Fox declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Carol Fox
GlassRatner
200 East Broward Blvd., Suite 1010
Fort Lauderdale, FL 33301
Tel: 954.859.5075
Email: cfox@brileyfin.com
About Ocean Five Condominium Association
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 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 reported between $100,000
and $500,000 in assets and between $500,000 and $1 million in
liabilities.
Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Robert C. Meyer, Esq.
PARAMOUNT GLOBAL: S&P Corrects Sub Debentures Rating to 'B+'
------------------------------------------------------------
S&P Global Ratings corrected its issue-level ratings on Paramount
Global's two hybrid debt issuances, the 6.25% junior subordinated
debentures due February 2057 and the 6.375% junior subordinated
debentures due 2062, to 'B+' from 'BB-'. Due to an error in the
application of its hybrid criteria, it mistakenly lowered its
issue-level rating on the notes to 'BB-' (rather than 'B+') when
S&P lowered its issuer credit rating on Paramount to 'BB+' from
'BBB-' on March 27, 2024. Based on its hybrid criteria, S&P assigns
issue-level ratings to hybrid capital instruments by notching down
from the issuer credit rating. For speculative-grade issuers of
subordinated debt, such as Paramount's junior subordinated
debentures, S&P notches down twice for subordination and apply a
third notch for the risk of loss absorption or cash conservation.
Based on its 'BB+' issuer credit rating on the issuer, the correct
issue-level rating for the junior subordinated notes is 'B+'.
PATHWAY PARTNERS: Saratoga CLO Marks $476,000 Loan at 19% Off
-------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $476,580 loan extended to Pathway Partners Vet
Management Company LLC to market at $387,545 or 81% of the
outstanding amount, according to Saratoga CLO's Form 10-K for the
fiscal year ended February 28, 2025, filed with the U.S. Securities
and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to Pathway Partners
Vet Management Company LLC. The loan accrues interest at a rate of
3M USD SOFR+ 3.75% per annum. The loan matures on March 31, 2027.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Pathway Partners Vet Management Company LLC
Pathway Partners Vet Management Company LLC provides veterinary
services.
PEOPLE POWERED: Seeks Chapter 11 Bankruptcy in New York
-------------------------------------------------------
On May 16, 2025, People Powered LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Eastern District of New York.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About People Powered LLC
People Powered LLC, also known as People Powered Nursing (PPN),
provides workforce management solutions for healthcare facilities.
The Company offers customized systems for labor oversight, time
tracking, scheduling, payroll administration, and agency contract
management. It focuses on optimizing staffing operations and
controlling labor costs through technology and operational
support.
People Powered LLCsought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42368) on May 16,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtors are represented by Matthew B. Stein, Esq. at KASOWITZ
BENSON TORRES LLP.
PFH HOLDINGS: Seeks Chapter 11 Bankruptcy in Tennessee
------------------------------------------------------
On May 13, 2025, PFH Holdings Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of Tennessee.
According to court filing, the Debtor reports $10 million and $50
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About PFH Holdings Inc.
PFH Holdings Inc. is a holding company that oversees real estate
assets related to funeral home operations through its subsidiary,
Poole Funeral Home Real Estate, LLC. The Company focuses on
managing and controlling properties tied to its funeral service
businesses.
PFH Holdings Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-11197) on May 13,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Nicholas W. Whittenburg handles the
case.
The Debtors are represented by Roy Michael Roman, Esq. at RMR LEGAL
PLLC.
PG&E CORP: Fitch Affirms 'BB+' Rating, Outlook Remains Positive
---------------------------------------------------------------
Fitch Ratings has affirmed PG&E Corporation's (PCG) and Pacific Gas
and Electric Company's (PG&E) ratings at 'BB+'. The Rating Outlook
remains Positive.
The ratings reflect persistent wildfire risk and the potential for
Southern California Edison Company (SCE; BBB/Negative Watch) to
draw from the Assembly Bill (AB) 1054 Wildfire Fund (Fund) to
address potential Eaton Fire (Eaton) liabilities. SCE withdrawals
are likely to deplete the Fund's capacity to protect PG&E from
wildfire liabilities, increasing business risk.
A substantially reduced Fund is a significant adverse credit
development for PCG and PG&E, underscoring intractable California
wildfire risk. Legislative action bolstering investor-owned utility
(IOU) financial resilience (e.g., a replenished Fund or limitations
on liabilities) could result in an upgrade of PCG and PG&E if
accompanied by no significant wildfire activity involving PG&E
equipment, or if SCE equipment is determined not to have been
involved in the ignition of Eaton.
Key Rating Drivers
Eaton Fire Impact: Fitch believes the recent Eaton Fire in Southern
California is a significant an adverse development for PCG and
PG&E. If SCE's equipment is associated with the ignition of Eaton,
liability payments are expected to meaningfully reduce protection
provided to PG&E and the other two participating utilities in the
Fund. The destructive force and magnitude of Eaton reinforces the
persistent threat of wildfire to the financial health of PG&E and
other California IOUs.
Eaton introduces considerable uncertainty to the Fund and its
availability to provide liquidity for future wildfires, presenting
a significant credit concern. Exhaustion of the Fund would also
remove the liability cap if an IOU were found to have acted
imprudently during a fire event involving utility equipment.
FFO Leverage Supports Outlook: In 2024, PCG's FFO leverage improved
to 4.6x from 6.9x in 2023, and Fitch estimates FFO leverage of 4.8x
and 4.6x for 2025 and 2026, respectively. PG&E's FFO leverage is
expected to be somewhat stronger than PCG's, with both anticipated
to surpass their FFO leverage upgrade sensitivities, supporting
Positive Rating Outlooks. However, the improvement in leverage is
offset by the persistent wildfire activity in California,
underscored by Eaton, increased exposure to future wildfire
liabilities due to the anticipated Fund drawdown by SCE, and
consequently higher business risk at PG&E.
Legislative Changes: It is unclear whether the legislature will act
decisively to shield the IOUs from wildfire risk or if a
legislative fix would require significant, incremental funding from
the IOUs that could pressure PCG and PG&E's creditworthiness. A
significantly diminished AB 1054 Fund and continued, high wildfire
risk would challenge PG&E's credit quality.
Heightened Operating Risk: Edison International (EIX) recently
disclosed SCE's equipment could have been involved in the ignition
of Eaton and that it is probable it will incur material losses,
which are not estimable at this time. This disclosure underscores
the persistent nature of catastrophic wildfires in California and
heightened operating risk, despite ongoing efforts by PG&E and
other California based IOUs to mitigate wildfire risk.
Investigations of the fire are ongoing at the Los Angeles County
Fire Department, the California Department of Forestry and Fire
Protection (Cal Fire) and SCE.
Fund Drawdown A Concern: Eaton liability payments may exhaust the
Fund in the coming years. Fitch views Eaton as a set-back following
significantly lower destruction from utility-involved wildfires
during 2019-2024 compared to 2017-2018. In 2019-2024, two
billion-dollar or greater liability fires occurred involving IOU
equipment, both in PG&E's service territory: the 2019 Kincade Fire
and 2021 Dixie Fire.
Dixie Fund Drawdowns Underway: Based on PG&E's estimated
Dixie-related third-party liabilities, eligible PG&E Fund claims by
the utility would be about $925 million. Through the end of 1Q25,
PG&E collected $350 million from the Fund. Future increases to the
$1.9 billion reserve booked by PG&E for the Dixie Fire are possible
and would increase the utility's drawdown from the Fund. Fund
drawdowns are also possible for the Kincade Fire. PG&E has booked a
$1.25 billion liability as of 1Q25 for anticipated claims from that
fire.
California Regulatory Compact: Fitch believes California regulation
is generally balanced and credit supportive. However, PG&E and
other IOUs are subject to an active legislature and prone to a
relatively high degree of political risk, dating back to the
2001-2002 energy crisis. In Fitch's view, legislative actions and
rate regulation in recent years have generally been credit
supportive. Regulatory/legislative initiatives to protect PG&E and
the other state IOUs from potential wildfire liabilities will be a
critical determinant of future PG&E credit quality. PG&E filed its
2027-2030 general rate case May 25, 2025.
Parent-Subsidiary Rating Linkage: Fitch analyzed the
parent-subsidiary relationship for PG&E and PCG. Their IDRs are the
same, based on the companies' Standalone Credit Profiles (SCPs). If
the companies' SCPs diverge, Fitch would likely apply a strong
subsidiary approach under its "Parent-Subsidiary Linkage (PSL)
Rating Criteria." In that case, legal ring fencing would be deemed
porous and access and control open, resulting in a maximum
two-notch differential in parent-subsidiary IDRs.
Peer Analysis
PG&E Corporation
PCG and peer utility holding company Edison International (EIX;
BBB/Negative Watch) are similarly positioned single utility holding
companies operating in California. Sempra (SRE; BBB+/Stable) and
Xcel Energy (Xcel; BBB+/Negative) are more diverse, multi-state
utilities of similar size. PCG, EIX, SRE and Xcel recorded 2024
EBITDA of $8.2 billion, $5.7 billion, $5.2 billion and $5.3
billion, respectively. PCG peer Sempra owns utility assets in
California and Texas as well as non-utility operations.
Unlike PCG and EIX, which derive virtually all their EBITDA from
regulated operations, approximately 20% of Sempra's consolidated
EBITDA is derived from unregulated companies. Xcel's four utility
subsidiaries account for nearly all its consolidated EBITDA. Xcel
is more diverse than PCG and EIX, with utility operations spanning
Colorado Minnesota, New Mexico, Texas and Wisconsin.
Like PCG and EIX, Xcel has experienced significant wildfire
challenges, although exposure is likely to be smaller and more
manageable for Xcel compared to the 2017-2018 fires that impacted
PCG and EIX. Fitch revised Xcel's Outlook to Negative from Stable
driven by tightened leverage sensitivities to reflect wildfire risk
in Texas and Colorado. Xcel's two Texas and Colorado operating
subsidiaries account for more than 50% of Xcel's consolidated
EBITDA.
Average FFO leverage of 4.8x and 4.6x for PCG in 2025 and 2026,
respectively, is comparable with its higher-rated peers. Fitch
estimates leverage of 4.9x on average for EIX during 2025-2028,
approximately 4.2x for SRE over the coming five-year period and
4.9x for Xcel 2025-2028.
Pacific Gas and Electric Company
PG&E is one of the nation's largest electric and gas utilities.
SCE, Public Service Company of Colorado (PSR; A-/Stable) and
Southwestern Public Service Company (SPS; BBB/Stable) have been
impacted to varying degrees by wildfires. Fitch expects potential
liabilities associated with fires in Texas and Colorado to be more
manageable for SPS and PSR than PG&E and SCE experienced in
2017-2018. The two California-based utilities experienced a drastic
surge in catastrophic wildfire activity, with the Camp Fire alone
destroying more than 18,000 structures. PSR's Marshall Fire
destroyed 1,000 structures.
Catastrophic wildfire activity remains a significant credit risk
for PG&E and SCE. The Eaton Fire could be linked to SCE equipment
despite considerable investment and effort to reduce wildfire risk,
which, along with the potential drawdown of the Fund due to Eaton,
is a concern for both utilities. A final determination that SCE
equipment was involved in the ignition of Eaton would be an adverse
credit development.
SPS and PSR are smaller than PG&E and SCE based on 2024 EBITDA.
Fitch believes the regulatory environment in California has been
credit supportive in recent years. Similarly, rate regulation is
generally credit supportive in Colorado for PSR. For SPS, rate
regulation is more challenging in Texas and New Mexico but has
improved in recent years.
FFO leverage of 4.4x and 4.2x for PG&E in 2025 and 2026,
respectively, is comparable to SCE's 4.5x and 4.2x. Fitch estimates
leverage of about 3.9x, on average, for SPS 2025-2028 and 4.3x for
PSR 2025-2028.
Key Assumptions
- Continued supportive legislative and regulatory environment;
- No wildfire imprudence disallowance is assumed in Fitch's
forecast;
- Reflects the CPUC's final decision in PG&E's 2023 general rate
case;
- Timely access to the Fund to recover wildfire costs over $1
billion;
- Incorporates CPUC-authorized capital structure waiver and a
hypothetical 52% equity ratio for regulatory purposes;
- FERC jurisdictional transmission wildfire costs are fully
recovered;
- Rate base CAGR of 10% 2023-2028;
- Full recovery of deferred wildfire-related restoration and
prevention costs;
- Continued operation of the Diablo Canyon nuclear plant through
2030.
RATING SENSITIVITIES
PG&E Corporation
Factors That Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A downgrade of PG&E due to the utility sensitivities listed below
including an increase in catastrophic wildfires in PG&E's service
territory;
- An unexpected, significant increase in parent-only debt;
- PCG FFO-leverage of worse than 5.5x on a sustained basis.
Factors That Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- An upgrade of PG&E due to the utility sensitivities listed
below;
- Continued reduction in catastrophic wildfire risk, and
improvement in the company's safety culture with consolidated PCG
FFO-leverage better than 5.0x on a sustained basis.
Pacific Gas and Electric Company
Factors That Could, Individually Or Collectively, Lead To Negative
Rating Action/Downgrade
- Substantial depletion of the AB 1054 Fund and continuation of
catastrophic wildfire activity, resulting in large third-party
liabilities at PG&E;
- No legislative/regulatory support to provide meaningful relief
from wildfire risk to PG&E and the other large California IOUs if
the Fund is substantially drawn or depleted;
- Deterioration of the regulatory/legislative environment in
California;
- Delay in disbursement of claims from the Fund or subsequent
disallowance of withdrawals from the Fund, resulting in
reimbursements to the Fund;
- These or other factors resulting in FFO leverage worse than 5.5x
on a sustained basis.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- A determination that SCE equipment was not involved in the
ignition of the Eaton Fire;
- Robust Fund levels relative to utility claims;
- Legislative action to provide meaningful relief from wildfire
risk to PG&E and the two other large California IOUs.
- Continued reduction in the size and scale of prospective
utility-linked wildfires in PG&E's service territory and their
impact on utility financials and customers;
- Improvement in FFO leverage to better than 5.0x.
Liquidity and Debt Structure
Fitch believes PCG's consolidated liquidity is solid. As of March
31, 2025, PCG had access to revolving credit facilities (RCFs) with
total consolidated borrowing capacity of $4.9 billion, comprised of
a $4.4 billion RCF at the utility and a $500 million RCF at PCG.
Additional liquidity is provided by the utility's $1.5 billion
receivables securitization program, which was fully available as of
March 31, 2025.
Roughly $4.0 billion was available under PG&E's credit facility as
of March 31, 2025, net of $427 million of letters of credit
outstanding. The utility had no borrowings outstanding under its
RCF as of March 31, 2025. PG&E had cash and cash equivalents of
$2.1 billion on its balance sheet at the end of 1Q25.
Like most utilities, PG&E is expected to be FCF negative based on
Fitch's assumptions and its large capex program. Negative FCF is a
function of high capex driven by spending to mitigate catastrophic
wildfire activity and to meet California's GHG-reduction goals,
which are among the most aggressive in the nation. Fitch expects
cash shortfalls to be funded with a balanced mix of debt and
equity, with equity provided as appropriate by PCG. Fitch believes
PCG's debt maturities are manageable.
Issuer Profile
PG&E, PCG's primary subsidiary, generates nearly all PCG's earnings
and cash flow. As one of the largest U.S. utilities, PG&E serves
about 5.6 million electric and 4.6 million natural gas customers
across a 70,000 square mile service territory in central and
northern California.
Summary of Financial Adjustments
Fitch adjusts PCG's and PG&E's financials to remove
securitization-related revenue, interest and amortization expense
and debt. In addition, Fitch applies 50% equity credit to PG&E's
$258 million of outstanding preferred securities at the utility and
50% equity credit to $1.5 billion of recently issued junior
subordinated debt by PCG.
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
PCG and PG&E have ESG Relevance Scores of '4' for Customer Welfare
- Fair Messaging, Privacy & Data Security, '4' for Exposure to
Environmental Impacts, and '4' for Exposure to Social Impacts. This
is due to the impact of wildfire activity on customers and other
constituents, which negatively affects the credit profile and is
relevant to the rating alongside other factors.
The ESG Relevance Scores reflect Fitch's assessment of wildfire
risks to creditworthiness as being manageable within PG&E's current
rating category largely due to the companies' efforts to reduce
physical risk associated wildfire activity, supported by
significant anti-wildfire legislation enacted in recent years.
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
----------- ------ -------- -----
PG&E Corporation LT IDR BB+ Affirmed BB+
senior secured LT BB+ Affirmed RR4 BB+
junior
subordinated LT BB- Affirmed RR6 BB-
Pacific Gas and
Electric Company LT IDR BB+ Affirmed BB+
preferred LT BB+ Affirmed RR5 BB+
senior secured LT BBB Affirmed RR2 BBB
PHOENIX ROSE: Michael Abelow Named Subchapter V Trustee
-------------------------------------------------------
The Acting U.S. Trustee for Region 8 appointed Michael Abelow,
Esq., at Sherrard Roe Voigt & Harbison, PLC, as Subchapter V
trustee for Phoenix Rose, LLC.
Mr. Abelow will be paid an hourly fee of $425 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Abelow declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Michael G. Abelow, Esq.
Sherrard Roe Voigt & Harbison, PLC
150 3rd Ave. South, Suite 1100
Nashville TN 37201
Phone: (615) 742-4532
Email: mabelow@srvhlaw.com
About Phoenix Rose LLC
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 reported between $10,000
and $50,000 in assets and between $100,000 and $500,000 in
liabilities.
Judge Nancy B. King handles the case.
The Debtor is represented by Jay Lefkovitz, Esq.
PHYSICIAN PARTNERS: Saratoga CLO Marks $2.9 Mil. Loan at 60% Off
----------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $2,928,567 loan extended to Physician Partners LLC to
market at $1,156,784 or 40% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to Physician Partners
LLC. The loan accrues interest at a rate of 3M USD SOFR+ 4.00% per
annum. The loan matures on December 22, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Physician Partners LLC
Physician Partners LLC (dba Better Health Group) is a value-based
primary care physician group and managed service organization
network that services over 250,000 members, with over 1,000
providers and 111 owned centers. Private equity firm, Kinderhook
Industries, is an investor in Better Health Midco, LLC with LTM
revenue as of June 30, 2023 of approximately $1.1 billion.
PIVOTAL ANALYTICS: Gets Interim OK to Use Cash Collateral
---------------------------------------------------------
Pivotal Analytics, Inc. got the green light from the U.S.
Bankruptcy Court for the Middle District of Florida, Fort Myers
Division to use cash collateral.
The order penned by Judge Caryl Delano authorized the company's
interim use of cash collateral until June 11 to pay the amounts
expressly authorized by the court, including payments to the U.S.
trustee for quarterly fees; the expenses set forth in the budget,
plus an amount not to exceed 10% for each line item; and additional
amounts expressly approved in writing by senior lender, UDLR
Capital, LLC.
As protection, UDLR was granted replacement liens on the company's
real and personal property, with the same validity, extent and
priority as its pre-bankruptcy liens.
Other creditors may receive conditional replacement liens if their
interest in the cash collateral is later determined by the court to
be superior in priority to the senior lender's.
The next hearing is scheduled for June 11.
A copy of the court's order and the budget is available at
https://shorturl.at/mQC19 from PacerMonitor.com.
About Pivotal Analytics Inc.
Pivotal Analytics Inc. is a data analytics and insights company
seeking to redefine how healthcare systems and their partners
identify growth opportunities and optimize real estate investment
decisions in a value-based care market. The Company offers a range
of services, including market evaluation, competitive analysis, and
assessments of consumer demand, provider supply, and productivity.
These insights help optimize healthcare assets and services.
Pivotal Analytics sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-00608) on
April 7, 2025. In its petition, the Debtor reported total assets of
$760,589 and total liabilities of $5,105,176.
Judge Caryl E. Delano handles the case.
Michael Dal Lago, Esq., at Dal Lago Law is the Debtor's bankruptcy
counsel.
UDLR Capital, LLC, as senior lender, is represented by:
Benjamin B. Brown, Esq.
Quarles & Brady LLP
1395 Panther Lane, Suite 300
Naples, FL 34109
239-659-5026
Benjamin.Brown@quarles.com
PRESCART CORP: Seeks Chapter 11 Bankruptcy in North Carolina
------------------------------------------------------------
On May 16, 2025, PresCart Corp. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Western District of North
Carolina. 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 PresCart Corp.
PresCart Corp., d/b/a The Lash Lounge, provides eyelash and eyebrow
services through personalized treatments such as lash extensions,
lash lifts, tinting, and threading. Operating with a focus on
customization and detail, the Company offers multiple lash
extension styles including classic, volume, hybrid, and mega
volume. Each service is performed by trained stylists aiming to
enhance clients' appearance without the need for daily makeup.
PresCart Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-30503) on May 16,
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 Ashley Austin Edwards handles the
case.
The Debtors are represented by Richard S. Wright, Esq. at MOON
WRIGHT & HOUSTON, PLLC.
PROVIDENTIAL LENDING: Seeks Cash Collateral Access
--------------------------------------------------
Providential Lending Services, LLC asked the U.S. Bankruptcy Court
for the District of Arizona for authority to use cash collateral.
The Debtor, which operates a rental property business in Mesa,
Ariz., aims to use rental income (recognized as cash collateral)
solely to maintain and manage the properties securing the
creditors' loans. The properties had experienced vacancies but are
now being re-leased, with projected monthly income between $41,500
and $42,000.
The creditors are PHH Mortgage and Kerry and Leslee Leonard.
To protect PHH and the Leonards' interests under bankruptcy law,
the Debtor proposed granting them replacement liens on the same
properties and related proceeds, ensuring their claims are secured
despite the use of collateral income. These liens would be
automatically perfected without additional filings and would only
be subordinate to any future liens granted under 11 U.S.C. Section
364(c).
The Debtor argued that using the rental income to pay for essential
expenses such as taxes, insurance, and maintenance will preserve
the properties' value, prevent further deterioration, and support
its reorganization efforts.
A court hearing is set for June 5.
About Providential Lending Services
Providential Lending Services, LLC is a company based in Mesa,
Ariz., primarily engaged in renting and leasing properties to
residential or commercial tenants.
Providential Lending Services sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No. 25-04020) on May
5, 2025, listing up to $10 million in assets and up to $500,000 in
liabilities. John Conover, manager of Providential Lending
Services, signed the petition.
Judge Brenda K. Martin oversees the case.
Joseph G. Urtuzuastegui III, Esq., at The Real Estate Investor Law
Firm, LLC, represents the Debtor as bankruptcy counsel.
PUERTO RICO: Dechert LLP Updates List of PREPA Bondholders
----------------------------------------------------------
The law firm of Dechert LLP filed an eighth verified statement
pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure
to disclose that in the Chapter 11 case of Puerto Rico Electric
Power Authority ("PREPA"), the firm represents PREPA Ad Hoc Group.
Dechert submits this Eighth Verified Statement to update the PREPA
Ad Hoc Group's holdings of Bonds and disclosable economic interests
currently held by its Members, as of May 13, 2025.
Dechert notes that it does not represent the PREPA Ad Hoc Group as
a committee (as such term is used in the Bankruptcy Code and
Bankruptcy Rules) and does not undertake to, and does not,
represent the interest of, and is not a fiduciary for, any
creditor, party in interests, or entity other than the PREPA Ad Hoc
Group and Invesco.
Dechert has been advised by the Members of the PREPA Ad Hoc Group
that its Members either hold, or manage funds and/or accounts that
hold, collectively, approximately $2.3 billion in aggregate
principal amount of uninsured Bonds, in addition to approximately
$448 million in aggregate principal amount of insured Bonds.
The members of the PREPA Ad Hoc Group and their bond holdings in
PREPA are:
Member Uninsured Bonds Insured Bonds
------- --------------- -------------
AllianceBernstein L.P. $170,415,000 $56,305,000
1345 Avenue of
the Americas,
New York, NY 10105
Aristeia Capital, L.L.C. $41,710,000 $0
One Greenwich
Plaza, Suite 300,
Greenwich, CT
06830
BNY Mellon Funds Trust $14,500,000 $0
201 Washington
Street, 8th Floor,
Boston, MA 02108
Capital Research and Management Co. $287,780,000 $51,305,000
333 South Hope Street, 54th Floor
Los Angeles, CA 90404
Columbia Management Investment
Advisers, LLC $56,975,000 $0
290 Congress Street,
Boston, MA 02210
Delaware Management Company
a series of Macquarie
Investment Management
Business Trust $161,190,000 $0
610 Market Street,
Philadelphia PA 19106
Ellington Management Group, L.L.C. $23,255,000 $0
711 Third Avenue,
New York, NY 10017
Goldman Sachs Asset Management LP $323,127,000 $148,607,000
200 West Street,
New York, NY 10282
Invesco Advisers, Inc. $232,598,000 $124,290,000
225 Liberty Street
New York, NY 10281
MacKay Shields LLC $608,545,000 $26,045,000
1345 Avenue of the Americas
New York, NY 10105
Massachusetts Financial
Services Company $145,060,000 $37,320,000
111 Huntington
Avenue, Boston, MA 02199
One William Street $74,338,000 $0
Capital Management, L.P.,
on behalf of certain
funds it manages or advises
299 Park Ave., Fl. 25,
New York, NY 10171
RUSSELL INVESTMENT COMPANY $26,640,000 $3,980,000
1301 Second Avenue, 18th Floor
Seattle, WA 98101
SIG Structured Products, LLC $3,250,000 $0
401 E. City Avenue, Suite 220
Bala Cynwyd, PA 19004
T. Rowe Price $151,120,000 $130,000
100 E. Pratt Street, BA 0754
Baltimore, MD 21202
Tower Bay Asset Management LP $23,460,000 $0
700 Canal Street, Ste 12E
Stamford, CT 06902
PREPA Ad Hoc Group is represented by:
MONSERRATE SIMONET & GIERBOLINI, LLC
Dora L. Monserrate-Peñagarícano, Esq.
Fernando J. Gierbolini-González, Esq.
Richard J. Schell, Esq.
101 San Patricio Ave., Suite 1120
Guaynabo, PR 00968
Phone: (787) 620-5300
Facsimile: (787) 620-5305
Email: dmonserrate@msglawpr.com
fgierbolini@msglawpr.com
rschell@msglawpr.com
- and -
DECHERT LLP
G. Eric Brunstad Jr., Esq.
Stephen D. Zide, Esq.
David A. Herman, Esq.
1095 Avenue of the Americas
New York, NY 10036
Phone: (212) 698-3500
Facsimile: (212) 698-3599
Email: eric.brunstad@dechert.com
stephen.zide@dechert.com
david.herman@dechert.com
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'
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: Dennis Perrey Named Subchapter V Trustee
-------------------------------------------------------
The U.S. Trustee for Region 10 appointed Dennis Perrey as
Subchapter V trustee for QBD Packaging, LLC.
Mr. Perrey will be paid an hourly fee of $375 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Perrey declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Dennis J. Perrey
P.O. Box 451
Chandler, IN 47610-0451
812.630.5823
Email: dennis.perrey@yahoo.com
About QBD Packaging LLC
QBD Packaging, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-90538) on May
5, 2025. In the petition signed by Nnodum Iheme, the Debtor
disclosed up to $10 million in assets and up to $1 million in
liabilities.
Judge Andrea K. McCord oversees the case.
Jeffrey Hester, Esq., at Hester Baker Krebs LLC, represents the
Debtor as legal counsel.
RACKSPACE TECHNOLOGY: Saratoga CLO Marks $2 Million Loan at 43% Off
-------------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $2,040,103 loan extended to Rackspace Technology Global,
Inc. to market at $1,165,409 or 57% of the outstanding amount,
according to Saratoga CLO's Form 10-K for the fiscal year ended
February 28, 2025, filed with the U.S. Securities and Exchange
Commission.
Saratoga CLO is a participant in a Term Loan to Rackspace
Technology Global, Inc. The loan accrues interest at a rate of 1M
USD SOFR+ 2.75% per annum. The loan matures on May 15, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Rackspace Technology Global, Inc.
Rackspace Technology Global, Inc., supports and manages cloud
platforms, as well as offers managed hosting, colocation, security,
data processing, and enterprise application development.
RAINBOW PRODUCTION: Seeks to Extend Plan Exclusivity to July 7
--------------------------------------------------------------
Rainbow Production Services, LLC 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 July 7 and September 5, 2025, respectively.
The Debtors explain that these chapter 11 Cases have presented
various complex and time-consuming matters, including, the sale
process the Debtors undertook, which resulted in Court approval of
a sale of the Debtors' assets to the Buyer, which the Debtors have
successfully closed. The sale process and closing process required
the full focus of the Debtors and their professionals since the
Petition Date.
The Debtors claim that it obtained Court approval of a sale
process, implemented and completed the sale process, and obtained
Court approval of the sale of assets in the relatively short
duration of these Cases. The Debtors also closed the sale and are
working on various post-sale matters and the winddown of these
estates. The Debtors have chosen an exit mechanism (dismissal)
which is pending Court approval. The extension sought herein are
designed to avoid potentially unnecessary, and premature, plan
preparations.
The Debtors cite that although these chapter 11 Cases are
approximately six months old, they have quickly progressed towards
an orderly and comprehensive conclusion. As set forth above, the
Debtors have already made significant steps towards obtaining a
resolution in these Cases. In light of the relatively short
duration of these Cases, the Debtors submit that the requested
extension is reasonable and appropriate.
The Debtors assert that termination of the Exclusive Periods would
adversely impact the progress of these chapter 11 Cases and
potentially cause unnecessary delays, confusion and expense. Not
extending, and thus terminating, exclusivity would permit any party
in interest to propose a plan and frustrate the efforts of the
Debtors and their principal stakeholders. This would foster a
chaotic environment with no central focus and threaten the Debtors'
chapter 11 exit efforts.
Accordingly, the Debtors submit that extending the Exclusive
Periods is in the best interests of the Debtors, their estates, and
their creditors. Moreover, the Exclusive Periods should be extended
for a duration sufficient to ensure that if confirmation of a plan
should be denied for any reason, the parties will have sufficient
time thereafter to reassess and pursue all alternative options with
respect to these Cases.
Counsel to the Debtors:
Ericka F. Johnson, Esq.
Steven D. Adler, Esq.
Bayard, P.A.
600 N. King Street, Suite 400
P.O. Box 25130
Wilmington, DE 19899
Tel: (302) 429-4275
Fax: (302) 658-6395
Email: ejohnson@bayardlaw.com
-and-
David L. Neale, Esq.
Krikor J. Meshefejian, Esq.
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2818 La Cienega Avenue
Los Angeles, CA 90034
Telephone: (310) 229-1234
Email: DLN@lnbyg.com
KJM@lnbyg.com
About Rainbow Production Services
Rainbow Production Services, LLC and its affiliates sought Chapter
11 bankruptcy protection (Bankr. D. Del. Lead Case No. 24-12564) on
Nov. 4, 2024. At the time of the filing, Rainbow Production
Services reported $10 million to $50 million in both assets and
liabilities.
Judge Karen B. Owens oversees the cases.
The Debtors tapped Bayard, PA and Levene, Neale, Bender, Yoo &
Golubchik, LLP as legal counsel. Donlin, Recano & Company, Inc., is
the claims and noticing agent.
REE AUTOMOTIVE: Raises 'Going Concern' Warning as Shares Slide
--------------------------------------------------------------
Dean Seal of The Wall Street Journal reports that Ree Automotive's
shares dropped sharply after the company raised serious doubts
about its ability to continue operating, citing challenges from the
recent tariff war and economic volatility impacting its business.
The electric vehicle manufacturer announced Thursday, May 15, 2025,
that shifting global economic conditions and ongoing tariff issues
have disrupted its plans to launch the P7 model and limited its
access to debt financing, which negatively affected its revenue
projections. As a result, Ree plans to halt production and
implement significant cost-cutting measures, including job
reductions, according to report.
"We will share more details soon, but for now, investors should
expect a substantial reduction in operating expenses alongside the
production pause," the company stated.
Following the announcement, the stock fell 15% to $2.80 in
premarket trading. The shares had already declined 63% year-to-date
as of the market close on Wednesday, May 14, 2025, the report
states.
About Ree Automotive
Ree Automotive is a manufacturer of electric vehicles.
RENASCENCE INC: Section 341(a) Meeting of Creditors on June 25
--------------------------------------------------------------
On May 12, 2025, Renascence Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of North
Carolina. According to court filing, the
Debtor reports $1,480,810 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 25,
2025 at 10:00 AM at Greenville 341 Meeting Room.
About Renascence Inc.
Renascence Inc., d/b/a PIP Printing, operates a commercial printing
business based in Greenville, Pitt County, North Carolina. Founded
in 1997, the Company runs under a franchise agreement with Postal
Instant Press, Inc. (PIP Printing), offering services such as
copying, publishing, mailing, embroidery, and signage. It also
sells office supplies and serves both individual and business
customers in Pitt County and nearby areas.
Renascence Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-01764) on May 12,
2025. In its petition, the Debtor reports total assets of $111,445
and total liabilities of $1,480,810.
Honorable Bankruptcy Judge Pamela W. Mcafee handles the case.
The Debtors are represented by Christopher Scott Kirk, Esq. at C.
Scott Kirk, Attorney At Law, PLLC.
RISE MANAGEMENT: Unsecureds to Get 13.61% over 84 Months
--------------------------------------------------------
Rise Management, LLC, filed with the U.S. Bankruptcy Court for the
Eastern District of Louisiana a Combined Plan and Disclosure
Statement dated May 2, 2025.
The Debtor was founded in 2012. Its primary assets are three
retail/office/restaurant buildings and related improvements located
in New Orleans, Louisiana (hereinafter, collectively referred to as
the "Properties") which sit on three separate lots, with all
utilities, services, and parking separated per lot.
The three parcels, two with buildings and one with raw land, were
acquired in December 2014 for the amount of $1,200,000. Since
acquiring the Properties, the Debtor restructured its lease
agreement to have all passthrough triple net ("NNN") fees, which
protect Creditors and ownership, for variable expenses outside
their control pass directly through to tenant operators. Prior to
the change of lease terms, the Debtor's leases were gross-rent
leases, which left the Debtor liable for unexpected expenses
associated with the Property.
The Debtor's cashflow is derived from the collection of rents of
the units on the Property, building and designing units, management
fees, leasing fees, and property maintenance. The new LED lighting,
signage, large store front wrap around glass, landscaping, and
re-designed parking layout, are proven successes and attractive to
operators and tenants.
The Debtor's primary asset is real property located at 3301, 3321,
& 3361 General DeGaulle, New Orleans, Louisiana. The Debtor
estimates the current value of the Property is $1,700,000.00. An
appraisal of the Property prepared by Cook Moore in 2022, valued
the Property at 1,800,000.00. Due to a decrease in tenants, the
Property value was decreased.
The Plan contemplates payments to all Holders of Allowed Claims
against the Debtor based upon the cash flow created through the
business operations of the Debtor or, alternatively, Liquidation of
the Debtor's assets. The Holders of Equity Interests will not
receive any Distribution until all other Allowed Claims have been
paid in accordance with the Plan.
Class 5 consists of General Unsecured Claims. Each Holder of an
Allowed General Unsecured Claim shall receive quarterly cash
payments equal to its Pro Rata share of $195,000.00, to be paid
over a period of eighty-four months. Payments shall commence on the
first day of the fifteenth month after the Distribution Date. Class
5 will also receive fifty percent of the Litigation Funds, after
payment of all Allowed Administrative Expense Claims, Priority
Claims, and Priority Tax Claims. Any distributions of Litigation
Funds will not be applied towards the quarterly payment amounts.
The total estimate of the Class 4 Claims is $1,432,534.02. This
Class will receive a distribution of 13.61% of their allowed
claims. This Class is impaired.
Class 6 consists of Equity Interests. Although the Holders of
Existing Equity Interests shall retain those interests after
Confirmation, no distributions may be made to the Holders of such
Equity Interests by virtue of same unless the following conditions
have been met: (a) all Unclassified Claims except for Priority
Claims have been paid in full; and, (b) the Debtor is current on
all payments to the Holders of Priority Claims and the Class 2, 3,
4 and 5 Claims as required by this Plan.
Payments by Holders of Existing Equity Interests to fund repairs
and renovations to the Property and provide infusions of capital
will be deemed new value contributions by Equity.
The financial forecast of the Debtor is based upon the funds
generated from operation of the Debtor's business and assumes an
occupancy rate of 100%. Cash distributions will come from current
operations, Litigation Proceeds, and, if necessary, Equity
infusions of capital. The Debtor's financial projections are based
on rentals increasing during 2025, reaching a 100% occupancy rate
by November 2025.
Existing Equity Holders have contributed $25,000.00 to fund all
remaining repairs and renovations to the Property. Historically,
the Debtors negotiate with leaseholders to complete all their own
interior work or build out for spaces leased. Here the debtor has
ensured the reorganization plan has funding required if not taken
on by the potential leaseholder. JBIT, a member of the Debtor, will
guarantee, along with the trustee personally guaranteeing necessary
repairs and renovations to the Property. JBIT, a member of the
Debtor, will guaranty $200,000.00 of obligations to BOA during the
term of this Plan.
A full-text copy of the Combined Plan and Disclosure Statement
dated May 2, 2025 is available at https://urlcurt.com/u?l=jhPwAU
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Patrick S. Garrity, Esq.
Derbes Law Firm, LLC
3027 Ridgelake Drive
Metairie, LA 70002
Telephone: (504) 207-0920
Facsimile: (504) 832-0322
E-mail: pgarrity@derbeslaw.com
About Rise Management
Rise Management LLC is primarily engaged in renting and leasing
real estate properties. The Debtor owns three properties located in
New Orleans having a total current value of $1.3 million.
Rise Management LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 24-11535) on
Aug. 7, 2024. In the petition filed by Cullan Maumas of MagNola
Ventures, LLC, the Debtor's manager, the Debtor reported total
assets of $2,628,537 and total liabilities of $2,952,920.
The Honorable Bankruptcy Judge Meredith S. Grabill oversees the
case.
The Debtor is represented by Patrick Garrity, Esq. at THE DERBES
LAW FIRM, LLC.
RITE AID: Enters Sale Deals to Ensure Pharmacy Care Continuity
--------------------------------------------------------------
Rite Aid Corporation announced on May 15, 2025, that it has
successfully entered into a series of sale agreements and pharmacy
services transition agreements. This includes the rolling
transition of pharmacy assets from more than 1,000 store locations
across the U.S. to operators including CVS Pharmacy, Walgreens,
Albertsons, Kroger, and Giant Eagle, among others, as well as the
sale and operation by CVS Pharmacy of many Rite Aid and Bartell
Drugs stores located in Washington, Oregon, and Idaho.
Importantly, during the transition, Rite Aid stores will remain
open, and customers can continue to access their pharmacy services,
including prescription refills and immunizations, without
interruption.
Matt Schroeder, Chief Executive Officer of Rite Aid, said, "A key
priority for Rite Aid is to ensure that as many of our loyal
customers as possible continue to receive the pharmacy services and
care they require without interruption. These agreements ensure our
pharmacy customers will experience a smooth transition while
preserving jobs for some of our valued team members."
The sale transactions are subject to approval by the U.S.
Bankruptcy Court for the District of New Jersey. The Court is
currently scheduled to conduct a hearing to approve the sales on
May 21, 2025. Upon approval from the Court, the sales will remain
subject to certain regulatory notices and approvals, and other
customary closing conditions.
Additional Information Regarding the Court-Supervised Process
Filings and other information related to the court-supervised
proceedings are available at
https://restructuring.ra.kroll.com/RiteAid2025, by calling the
Company's claims agent, Kroll, toll-free at (888) 575-9318, or +1
(646) 930-4577 for calls originating outside of the U.S. or Canada,
or by emailing Kroll at RiteAid2025Info@ra.kroll.com. Information
for landlords is available by contacting A&G Realty Partners at
http://www.agrep.com/index.php/active-projects.
Advisors
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.
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.
RITE AID: Sells Pharmacy Assets of 1,000 Locations to Rivals
------------------------------------------------------------
Jordan Valinsky of CNN reports thatRite Aid has agreed to sell the
pharmacy operations of more than 1,000 of its U.S. locations to
several competitors, the company announced Thursday as part of its
ongoing bankruptcy proceedings. CVS Pharmacy, Walgreens,
Albertsons, and Kroger are among the buyers acquiring prescription
files and services. CVS is the largest purchaser, obtaining records
from over 600 Rite Aid stores across 15 states and agreeing to buy
64 physical locations in Idaho, Oregon, and Washington. The deals
are still pending approval from the bankruptcy court.
The sale follows Rite Aid's second Chapter 11 bankruptcy filing
earlier this month, just seven months after it emerged from its
previous restructuring as a private company. The company’s
original filing in October 2023 was driven by nearly $4 billion in
debt, costly litigation over allegedly dispensing unlawful opioid
prescriptions, and intensified competition from larger chains,
according to CNN.
Rite Aid remains the third-largest standalone pharmacy chain in the
country and the seventh-largest overall when including big-box
retailers. Its store count has fallen to approximately 1,240—half
the number it operated two years ago, CNN reports.
"These agreements ensure our pharmacy customers will experience a
smooth transition while preserving jobs for some of our valued team
members," said Rite Aid CEO Matt Schroeder. He noted that the move
will allow customers to continue receiving pharmacy services
without disruption.
The company confirmed that stores will remain open and pharmacy
operations will continue as usual during the Chapter 11
proceedings, the report states.
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.
ROYAL PAPER: Sofidel Secures Auction Victory for Bankrupt Rival
---------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that Sofidel America Corp., the
U.S. arm of Italian tissue paper maker Sofidel, emerged as the
winning bidder for the assets of bankrupt rival Royal Paper,
increasing its offer to a final price of $180 million.
Royal Interco LLC, the debtor, stated in a May 16 filing with the
U.S. Bankruptcy Court for the District of Delaware that Sofidel
surpassed Kimberly-Clark Corp. in the auction. Kimberly-Clark will
serve as the backup bidder until the Chapter 11 sale to Sofidel is
completed, according to Bloomberg Law.
About Royal Paper
Founded in 1992 in Phoenix, AZ, Royal is a manufacturer and
national supplier of high-quality paper products. The Company began
as a family-owned business that operated a single converting line,
supplying napkins and bath tissues to local retailers in Phoenix,
Arizona. Since 1992, the Company has continuously evolved its
production capacity to produce additional products in a broad
range
of configurations to a growing customer base. Today, the Company
provides a full range of paper products like paper towels, bath
tissues, facial tissues and napkins--across the value spectrum
(from premium to value products), with manufacturing across the
United States tailored to meet the specifications and standards of
their customers.
Royal Paper sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10676) on April 8, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $100 million and $500 million each.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Robert J. Dehney, Esq. at Morris,
Nichols, Arsht & Tunnell.
SABRE CORP: S&P Affirms 'B-' Issuer Credit Rating, Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings affirmed all its ratings on global distribution
system (GDS) provider Sabre Corp., including the 'B-' issuer credit
rating.
S&P said, "At the same time, we assigned our 'B-' issue-level
rating and '3' recovery rating to Sabre's proposed senior secured
notes. The '3' recovery rating indicates our expectation for
meaningful (50%-70%; rounded estimate: 55%) recovery for the
secured lenders in the event of a payment default. We also revised
our recovery rating on the company's existing senior secured debt
to '3' from '4'.
"The stable outlook reflects our view that continued growth from
cost efficiencies and ramp up of new commercial wins, partially
offset by a decline in industry air travel bookings, will lead to
leverage declining to the 7x area, free operating cash flow (FOCF)
to debt approaching 5%, and EBITDA interest coverage of about 1.1x
in 2025."
Sabre Corp. announced it is issuing $975 million of new senior
secured notes due 2030 to refinance its existing senior secured
paid-in-kind (PIK) term loan due 2028 (not rated).
Sabre continues to proactively address its leverage and maturity
profile. S&P expects the company's leverage to materially improve
to the 7x area by the end of this year.
Nevertheless, Sabre's cost of capital remains very high because the
company has been refinancing its debt at significantly higher
interest rates since the pandemic. S&P forecasts the company's S&P
Global Ratings EBITDA interest coverage will be around 1x at the
end of 2025.
Furthermore, increased recessionary risk and tariffs, which could
create some capital market uncertainty for its remaining near-term
maturities, could pressure global travel.
Sabre's EBITDA cash interest coverage remains thin despite a series
of credit-positive transactions. Since 2023, the company has
executed several refinancings to improve its high debt load, reduce
interest expense, and extend its upcoming maturity walls. Most
recently, Sabre entered into a definitive agreement to sell its
Hospitality Solutions business SynXis for $1.1 billion. S&P said,
"Of the $960 million net cash proceeds, we expect the company to
repay $825 million of its term loans with the remaining $135
million portion going toward cash on the balance sheet to invest in
growth strategies. We believe this transaction improves the
company's leverage by about 1x and provides roughly $65 million of
cash interest savings on an annualized basis. Furthermore, the
proposed issuance of $975 million senior secured notes due 2030 to
refinance its existing PIK term loan due 2028 removes a growing
liability (PIK rates up to 19%) and what would eventually have been
a significant drag on cash generation and cash interest coverage
metrics of the company. For example, interest payments on the PIK
term loan toggle to cash-pay only from PIK at the end of 2025 with
an all-in cash interest in the range of 11.5% to 17.5%. We expect
the fixed coupon rate on the proposed notes to be lower than the
all-in interest rate floor of 11.5% under the PIK term loan,
providing substantial cash interest savings. The proposed
transaction also effectively extends the maturity to 2030 from 2028
and allows the company to more efficiently manage its cash flow
with fixed payments instead of a variable reference rate on the PIK
term loan."
Nonetheless, Sabre's high cost of capital and somewhat still
suppressed profits leads to weak credit metrics. S&P said, "For
example, we forecast Sabre's EBITDA cash interest coverage to only
improve to 1.1x in 2025 from 0.8x in 2024, which remains thin
relative to 'B' rated peers. Based on our forecast, we don't expect
the company's coverage metric will increase to the mid-1x area over
the next two years. We believe weak credit metrics limits the
company's financial flexibility. Following the proposed transaction
and assuming the mandatory debt paydown from the SynXis asset sale
closes in the third quarter of 2025, the company will have roughly
$1.2 billion of debt maturing in 2027."
S&P said, "We expect the company's EBITDA to improve by about 25%
in 2025. We believe it will benefit from cost savings related to
its technology transformation program, workforce reduction and
growth initiatives from commercial new wins, partially offset by
GDS industry travel volume declines and the sale of its hospitality
business. Since implementing its multi-year tech transformation
initiative in 2019, the company has modernized its technology stack
by partnering with Google to migrate almost 100% of its computing
capacity to the cloud. We expect this modernized open cloud-based
tech stack to drive further operating leverage as Sabre delivers
more critical SaaS capabilities such as seamless integration,
better performance and scalability, high availability, and enhanced
security to its customers. We understand all upfront costs to
achieve these initiatives were actioned and completed by 2024. We
also expect SG&A costs to remain roughly flat in 2025 after
reducing its workforce in 2023. Furthermore, we expect the
implementation of new agency wins, hotel B2B distribution growth,
and the launch of SabreMosaic to result in some market share gains,
with double-digit booking growth largely weighted to the second
half of the year. As such, we expect EBITDA margins to
substantially improve by about 400 basis points (bps) in 2025,
driving leverage to the 7x area in 2025 from 10.9x in 2024. We also
expect the company to remain disciplined with its capital
expenditure (capex) spend such that FOCF to debt approaches 5% in
2025 from negative 1.3% the year prior."
Risks to business travel and air traffic recovery include
heightened recessionary risk, inflationary pressures, and the
negative effects of escalating tariffs. S&P said, "Global air
passenger traffic has been relatively resilient in recessions
preceding the COVID-19 pandemic, but we believe demand for air
travel could modestly decline as companies would likely scale back
nonessential business travel in a recessionary environment to cut
costs. While our base-case forecast incorporates good revenue and
EBITDA growth this year, we believe our expectation of a shallow
recession in 2025 could create risk to the company's deleveraging
path and cash generation depending on the length and severity of a
recession. Furthermore, persisting risks regarding
disintermediation, corporate travel recovery, and environmental
considerations will keep the company's performance well below
pre-pandemic levels in the foreseeable future. In 2025, we forecast
roughly $2.9 billion and $500 million of revenue and EBITDA,
respectively, which compares 2018 levels of about $3.9 billion and
$800 million of EBITDA, respectively."
S&P said, "The stable outlook reflects our view that continued
growth from cost efficiencies and ramp up of new commercial wins,
partially offset by a decline in industry air travel bookings, will
lead to leverage declining to the 7x area, FOCF to debt approaching
5%, and EBITDA interest coverage of about 1.1x in 2025."
S&P could lower its rating on Sabre within the next 12 months if:
-- Its liquidity deteriorates and business travel conditions do
not improve to the extent necessary for it to cover its fixed
charges; or
-- S&P views future transactions to refinance its debt maturities
as distressed rather than opportunistic depending on the time to
maturity and pace of operational recovery.
S&P said, "We could raise the rating if we believe the company can
decline its leverage to below 7x and improve its FOCF to debt above
5% on a sustained basis, despite tough macroeconomic conditions. We
would also expect the company to improve its EBITDA cash interest
coverage ratio to about 1.5x, likely by refinancing its capital
structure at favorable interest rates, additional debt paydown, or
better-than-expected operating performance."
SAKS GLOBAL: Majority Creditors Band Together Prior Debt Talks
--------------------------------------------------------------
Reshmi Basu, Eliza Ronalds-Hannon, and Jill R. Shah of Bloomberg
News reports that the creditors representing more than half of Saks
Global Enterprises' $2.2 billion bond maturing in 2029 have formed
a group and are gearing up for potential negotiations with the
company over its financing options, according to people familiar
with the situation.
The group has enlisted Lazard Inc. as financial adviser and Paul,
Weiss, Rifkind, Wharton & Garrison LLP as legal counsel, the
sources said, speaking on condition of anonymity as the information
is not public.
Saks and Lazard declined to comment, while Paul Weiss did not
respond to requests for comment.
About Saks Global Enterprises
Saks Global Enterprises operates as an investment and wealth
management company. The Company invests in a set of stocks that are
associated with historically high dividend payments to their
shareholders. Saks Global Enterprises serves clients worldwide.
SALEM 46-48: To Sell Salem City Property to Kent 11 for $225K
-------------------------------------------------------------
Salem 46-48 Market LLC seeks permission from the U.S. Bankruptcy
Court for the District of New Jersey, to sell Property, free and
clear of liens, interests, and encumbrances.
The Debtor's Property is located at 118 Seventh Street, Salem City,
New Jersey.
The Debtor wants to sell the Property to Kent 11 LLC with the
purchase price of $225,000.
The Buyer will pay all the closing title costs minus any unpaid
taxes, mortgages or liens.
Property taxes, insurance and rents will be prorated as of the date
of closing. All security deposits shall be transferred to buyer at
closing, and any shortage in accounts will be charged to seller at
closing.
The sale transaction will be closed before or around May 27, 2025.
About Salem 46-48 Market LLC
Salem 46-48 Market, LLC filed its voluntary Chapter 11 petition
(Bankr. D.N.J. Case No. 25-13445) on April 1, 2025, listing under
$1 million in both assets and liabilities.
Judge Mark Edward Hall presides over the case.
The Debtor tapped Robert C. Nisenson LLC as counsel.
SITEL WORLDWIDE: Saratoga CLO Marks $1.9 Million Loan at 35% Off
----------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,935,000 loan extended to Sitel Worldwide Corporation
to market at $1,248,733 or 65% of the outstanding amount, according
to Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a USD Term Loan to Sitel Worldwide
Corporation. The loan accrues interest at a rate of 3M USD SOFR+
3.75% per annum. The loan matures on August 28, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Sitel Worldwide Corporation
Provider of business process outsourcing services designed for
customer care. The company's business process outsourcing services
includes customer acquisition, back-office processing, collections,
and technical support, enabling their clients to meet their sales
management needs.
SKY RADIOLOGY: Jolene Wee Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Region 2 appointed Jolene Wee of JW Infinity
Consulting, LLC as Subchapter V trustee for Sky Radiology, P.C.
Ms. Wee will be compensated at $640 per hour for work performed in
2025. In addition, the Subchapter V trustee will receive
reimbursement for work-related expenses incurred.
Ms. Wee declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jolene E. Wee
JW Infinity Consulting, LLC
447 Broadway 2nd Fl #502
New York, NY 10013
Telephone: (929) 502-7715
Facsimile: (646) 810-3989
Email: jwee@jw-infinity.com
About Sky Radiology P.C.
Sky Radiology P.C. operates a diagnostic imaging center
specializing in magnetic resonance imaging (MRI) services. Based in
Bayside, N.Y., the clinic serves patients in the surrounding area.
Sky Radiology sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-42147) on May 2, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Elizabeth S. Stong handles the case.
The Debtor is represented by James Mermigis, Esq., at The Mermigis
Law Group, P.C.
SLATE RIVER: Involuntary Chapter 11 Case Summary
------------------------------------------------
Alleged Debtor: Slate River Systems, Inc.
2040 E. Continental Blvd.
Suite 4
Southlake TX 76092
Business Description: Slate River Systems, Inc. is a material
handling systems integrator based in
Southlake, Texas. The Company
specializes in automation and warehouse
information systems, offering turnkey
solutions such as automated storage and
retrieval systems, conveyor systems, and
warehouse management software. Its
services aim to optimize inventory flow,
order processing, and labor efficiency
across various industries.
Involuntary Chapter
11 Petition Date: May 19, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-41807
Petitioners' Counsel: Lenard M. Parkins, Esq.
PARKINS & RUBIO LLP
708 Main St., Fl 10
Houston TX 77002
Tel: (713) 715-1666
Email: lparkins@parkinsrubio.com
A full-text copy of the Involuntary Petition is available for free
at PacerMonitor.com at:
https://www.pacermonitor.com/view/FJOSBXY/Slate_River_Systems_Inc__txnbke-25-41807__0001.0.pdf?mcid=tGE4TAMA
Alleged creditors who signed the petition:
Petitioner Nature of Claim Claim Amount
Frazier Industrial Company Materials Supplied $3,285,598
91 Fairview Avenue
Long Valley NJ 07853
LogiTech, Inc. Goods/Services $465,041
6423 Seeds Road Provided
Grove City OH 43123
Millenium Material Handling, LLC Goods/Services $906,120
115 Oak Street Provided
Monroe GA 30655
SMALL FORTUNE: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Small Fortune Hunter, LLC received second interim approval from the
U.S. Bankruptcy Court for the Eastern District of North Carolina to
use cash collateral.
The order penned by Judge David Warren authorized the company's
interim use of cash collateral to pay the expenses set forth in its
30-day budget, which covers the period May 1 to 31.
The budget projects total operational expenses of $81,124.43 for
May.
BayFirst National Bank, BriteCap, WebBank and The LCF Group are the
company's creditors that may assert a lien on the cash collateral.
As protection, secured creditors will be granted a lien on
post-petition revenue and other assets of the company to the same
extent and with the same priority as their pre-bankruptcy lien.
The next hearing is set for June 3.
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
SOUL WELLNESS: Updates Restructuring Plan Disclosures
-----------------------------------------------------
Soul Wellness, LLC, submitted an Amended Plan of Reorganization
dated May 2, 2025.
The Plan Proponent's financial projections show that the Debtor
will have sufficient projected disposable income to make all
payments under the Plan.
The final Plan payment is expected to be paid on or before the
expiration of 60 months from the Effective Date and will be funded
primarily from pass through rent payments from the Debtor's
affiliate which occupies the premises and loans or capital from the
Debtor's principal, Daniel Lopez-Callejas. The Debtor reserves the
right to amend this Plan to the extent necessary.
This Plan proposes to pay Allowed Claims no less than the value of
Soul Wellness's projected Net Disposable Income for a period of no
less than 36 months. The Plan provides for 4 Classes of creditor
claims (including priority, secured, and unsecured) and one Class
of Equity interests.
The Amended Plan does not alter the proposed treatment for
unsecured creditors and the equity holder:
* Class 3 consists of Allowed General Unsecured Claims. The
Reorganized Debtor will make a pro rata distribution in amount of
$500.00 per year starting in the second year of the Plan (for a
total payment to Class 3 in the amount of $2,000.00. Class 3 is
Impaired and entitled to vote.
* Class 4 consists of membership interests of Daniel Lopez
Calleja and Sean Velas in Soul Wellness. On the Effective Date, the
Equity Interests will be retained in the same amounts and character
as they were held prior to the Petition Date. Class 4 is deemed to
accept and not entitled to vote.
On the Effective Date, all property of the Debtor not otherwise
disposed of under the Plan, shall vest with the Reorganized Debtor
pursuant to Section 1186 of the Bankruptcy Code.
The Plan proposes to pay Allowed Claims to be paid under the Plan
from the Debtor's projected net disposable income. Additionally,
Mr. LopezCallejas has provided loans to the Debtor postpetition.
Mr. Lopez-Callejas has agreed to subordinate repayment of what
could otherwise be considered a superpriority administrative
claim.
The Reorganized Debtor may have insufficient revenue to fund the
Plan. As such, in addition to subordination of his loan repayment
as described in the preceding paragraph, Mr. Lopez-Callejas has
committed to contributing such sums as required under the Plan to
fund cash shortfalls. The net proceeds of said financing (after
allocation of costs and taxes) will be used to make a distribution
to Allowed Claimholders as shown in the projections.
A full-text copy of the Amended Plan dated May 2, 2025 is available
at https://urlcurt.com/u?l=MBYXYT from PacerMonitor.com at no
charge.
About Soul Wellness
Soul Wellness, LLC operates a wellness and fitness gym, with a
concentration on CrossFit, Olympic weightlifting and power lifting.
It also offers classes in yoga, Pilates, run fitness, and jujitsu
gym. In addition to the general gym offerings, Soul Wellness
operates a youth specific fitness program for high school students,
and offers discounted programs for public school teachers and
personalized training for disabled children.
Soul Wellness filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-23368) on
December 20, 2024, listing up to $50,000 in assets and up to $1
million in liabilities. Tarek Kiem, Esq., at Kiem Law, PLLC serves
as Subchapter V trustee.
Judge Laurel M. Isicoff oversees the case.
The Debtor is represented by:
Jacqueline Calderin, Esq.
Agentis PLLC
45 Almeria Avenue
Coral Gables, FL 33134
Telephone: (305) 722-2002
Email: jc@agentislaw.com
STAR PUMP: Unsecured Claims Under $25K to Recover 10% in Plan
-------------------------------------------------------------
Star Pump Down Services, LLC, submitted a Disclosure Statement
describing Amended Plan of Reorganization dated May 2, 2025.
The Debtor's Plan is premised upon continuing to operate its
business. The Debtor has two lines of business.
One consists of leasing out its equipment to third parties. The
second consists of directly providing services to customers. The
Debtor has limited its business to leasing activities during the
Chapter 11 proceeding but intends to resume directly providing
services as soon as this is feasible.
The Plan proposes to operate its business to generate funds to pay
creditors over a five-year period.
Class 5 shall consist of the holders of Allowed General Unsecured
Claims totaling less than $25,000 who do not timely submit ballots
containing an election to be treated as members of Class 6. The
allowed unsecured claims total $82,877.64. Members of this Class
will be paid 10% of their claim amounts on the effective date. The
Debtor estimates that payments to this class will total $8,287.76.
Creditors in this class will receive a higher percentage if they
elect to participate in Class 6. However, they will have to accept
payments over a longer period of time. Class 5 is impaired.
Class 6 shall consist of the holders of Allowed General Unsecured
Claims who are not members of Class 5. The allowed unsecured claims
total $4,219,560.23. Members of Class 6 will receive their pro rata
shares of the following payments to be made by the Debtor on
account of Class 6 Claims: $10,000 per month during the two-year
period after the effective date; followed by $25,000 per month
during the subsequent four-year period. Class 6 shall receive total
payments in the amount of $1,440,000. This will result in a
distribution of approximately 34% without interest. Class 6 is
impaired.
The Plan will be funded from the revenues generated from the
Debtor's future business operations.
A full-text copy of the Disclosure Statement dated May 2, 2025 is
available at https://urlcurt.com/u?l=AfyNIN from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Stephen Sather, Esq.
Barron & Newburger P.C.
7320 N. Mopac Expressway, Ste. 400
Austin, TX 78731
Telephone: (512) 476-9103
Email: ssather@bn-lawyers.com
About Star Pump Down Service
Star Pump Down Service LLC is dedicated to providing services in
the pump down industry.
Star Pump Down Service LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-11506) on
November 29, 2024. In the petition signed by Chad Elliott,
president, the Debtor reports total assets of $5,146,614 and total
liabilities of $7,061,694.
Honorable Bankruptcy Judge Shad Robinson handles the case.
Stephen Sather, Esq., at Barron & Newburger PC, serves as the
Debtor's counsel.
TEKNATOOL USA: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Teknatool USA, Inc. received another extension from the U.S.
Bankruptcy Court for the Middle District of Florida, Tampa Division
to use cash collateral.
The interim order signed by Judge Catherine Peek McEwen authorized
the company to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee for
quarterly fees; the expenses set forth in the budget; and
additional amounts expressly approved in writing by secured
creditor, Pathward, National Association. This authorization will
continue until further order of the court.
As protection for the use of its cash collateral, Pathward was
granted a post-petition lien on its collateral to the same extent
and with the same validity and priority as its pre-bankruptcy
lien.
During the interim period, Teknatool is not required to make
payments to Pathward on the revolving loan. The company, however,
agreed to a monthly payment of $10,000 on the SBA 7a loan.
The next hearing is scheduled for June 12.
A copy of the court's order and the budget is available at
https://shorturl.at/sRxSB from PacerMonitor.com.
About Teknatool USA Inc.
Teknatool USA Inc., a company in Seminole, Fla., offers a wide
array of woodturning tools and accessories, including lathes and
chucks, catering to both hobbyists and professionals in the
woodworking community.
Teknatool USA filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
25-01248) on March 1, 2025. In its petition, the Debtor reported
between $1 million and $10 million in both assets and liabilities.
Judge Catherine Peek McEwen handles the case.
Joel Aresty, Esq., at Joel M. Aresty, PA is the Debtor's legal
counsel.
Pathward N.A., as secured creditor, is represented by:
James J. Webb, Esq.
Mitrani, Rynor, Adamsky & Toland, P.A.
301 Arthur Godfrey Road, PH
Miami Beach, FL 33140
Tel: (305) 358-0500
Fax: (305) 358-0550
jwebb@mitrani.com
TEVA PHARMACEUTICALS: S&P Rates New $2BB Sr. Unsecured Notes 'BB'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '3'
recovery rating to $2 billion in euro- and U.S.-dollar-denominated
senior unsecured notes offered by Teva Pharmaceutical Industries
Ltd.'s finance subsidiaries Teva Pharmaceutical Finance Netherlands
II B.V., Teva Pharmaceutical Finance Netherlands III B.V., and Teva
Pharmaceutical Finance Netherlands IV B.V.
The notes carry an unconditional guarantee by the parent, the same
as for its other outstanding senior unsecured debt. The '3'
recovery rating reflects S&P's expectation for meaningful (50%-70%;
rounded estimate: 50%) recovery in the event of a payment default.
Teva intends to use the proceeds to refinance maturing debt and for
general corporate purposes. S&P views the transaction as
essentially neutral to net leverage, but it improves the company's
financial flexibility and liquidity by partially addressing large
approaching debt maturities.
The 'BB' long-term issuer credit rating on parent Teva and positive
outlook are unchanged. The rating reflects the company's good scale
($16.5 billion of 2024 revenue), leading position (about 10% market
share) in the global generic drug market, and good diversity across
products, therapeutic areas, geographies, customers, payers, and
manufacturing sites. It also reflects S&P Global Ratings-adjusted
leverage of approximately 4.6x at the end of the first quarter
(ended March 2025).
The positive outlook reflects the potential for an upgrade within a
year, given Teva's strong commitment to prioritizing debt reduction
with its approximately $2 billion in annual free cash flow and the
proximity of leverage of 4.6x to the upgrade threshold of 4.25x.
S&P said, "We expect Teva's branded drug business, which accounted
for 18% of 2024 revenues, will benefit from strong growth from its
top three branded products, Austedo, Ajovy, and Uzedy, collectively
contributing about $450 million of revenue growth in 2025. We also
expect material advances in its pipeline of products under
development in the coming year. Further, we see merit in Teva's
strategy of directing more attention and investment toward the
higher-margin branded business and a more focused strategy of
investment in the generics business, given the intensely
competitive, lower-margin, and less predictable nature of the
latter (67% of 2024 revenue).
"Teva anticipates the shift in mix toward higher-margin products
and operational efficiency initiatives will significantly enhance
EBITDA margins by 2027. Our base case assumes only modest
improvement in margins, as we see downside risk to management's
medium-term guidance, especially given headwinds from broader
competition to generic Revlimid in 2026 and the uncertain impact
from the Medicare negotiation on Austedo starting in January 2027.
"Nevertheless, we expect the company to continue to prioritize debt
reduction (including outstanding legal liabilities that we include
in our measure of debt). More specifically, we estimate Teva can
reduce leverage by about 0.4x-0.5x per year, from last-12-months
leverage of 4.6x, potentially supporting a higher rating within 12
months once it declines below 4.25x."
TEXAS WHEEL: Unsecureds Will Get 67.59% of Claims over 5 Years
--------------------------------------------------------------
Texas Wheel Repair Express 360 LLC filed with the U.S. Bankruptcy
Court for the Northern District of Texas a Plan of Reorganization
dated May 2, 2025.
The Debtor was formed on July 20, 2016. Debtor operates a repair
and refinish of alloy wheels for new car dealers, used car dealers,
body shops, tire stores, and mechanic shops business.
The Debtor is currently owned 100% by Billy Walton Jr. Mr. Walton
will remain managing member and retain his 100% ownership interest
going forward.
The Debtor manages and operates a repair and refinish of alloy
wheels for new car dealers, used car dealers, body shops, tire
stores, and mechanic shops business. Debtor's assets include its
accounts receivables, cash on hand, office furniture, equipment,
and van. There is one fully secured creditor as to this property
based on the liquidation analysis and UCC filings. All allegedly
secured creditors not treated in this Plan as fully secured are
under secured.
The Debtor will continue operating its business. The Debtor's Plan
will break the existing claims into six classes of Claimants. These
claimants will receive cash repayments over a period of time
beginning on or after the Effective Date.
Class 5 consists of Allowed Unsecured Claims. All allowed unsecured
creditors, except for Debtor's landlord, shall receive a pro rata
distribution at zero percent per annum over the next five years
beginning not later than the 1st day of the first full calendar
month following 30 days after the effective date of the plan and
continuing every year thereafter on a monthly basis at 0.00% per
annum. Not including Debtor's lease cure payment, Debtor will
distribute $312,925.00 to the general allowed unsecured creditor
pool over the 5-year year term of the plan, includes the
under-secured claim portions.
The Debtor's General Allowed Unsecured Claimants will receive
67.59% of their allowed claims under this plan. The allowed
unsecured claims total $462,997.82. This Class is impaired.
ICP 2524 Farrington LP, Debtor's landlord, shall be paid its full
pre-petition claim of $26,000.00 in the first year, pursuant to
Debtor's assumption of the commercial lease. The above totals do
not include this $26,000.00 claim.
Class 6 consists of Equity Interest Holder. Billy Walton, Jr. is
the sole equity interest holder. He will receive no payments under
the Plan; however, he will be allowed to retain ownership of the
Debtor. Class 6 is not impaired under the Plan.
The Debtor anticipates the continued operations of the business to
fund the Plan.
A full-text copy of the Plan of Reorganization dated May 2, 2025 is
available at https://urlcurt.com/u?l=UpO4gb from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Robert C. Lane, Esq.
The Lane Law Firm, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Telephone: (713) 595-8200
Facsimile: (713) 595-8201
Email: notifications@lanelaw.com
About Texas Wheel Repair Express 360
Texas Wheel Repair Express 360 LLC specializes in the
straightening, repair, replacement, and refinishing of aluminum and
alloy wheels.
Texas Wheel Repair Express 360 filed Chapter 11 petition (Bankr.
N.D. Texas Case No. 25-30409) on February 3, 2025, listing total
assets of $338,188 and total debts of $1,101,411. Frances Smith,
Esq., at Ross, Smith & Binford, PC, serves as Subchapter V
trustee.
Judge Scott W. Everett handles the case.
The Debtor is represented by Robert Lane, Esq., at The Lane Law
Firm, PLLC.
TOWN LOUNGE HENDERSON: Voluntary Chapter 11 Case Summary
--------------------------------------------------------
Debtor: Town Lounge Henderson LLC
Born and Raised Henderson
10050 S. Eastern Avenue
Suite 170
Henderson NV 89052
Business Description: Town Lounge Henderson LLC operates Born and
Raised Henderson, a 24/7 sports bar and
lounge located in Henderson, Nevada. The
establishment offers a full bar, food
service, and multiple televisions for sports
viewing. It caters to local patrons and
visitors seeking a casual dining and
entertainment experience.
Chapter 11 Petition Date: May 19, 2025
Court: United States Bankruptcy Court
District of Nevada
Case No.: 25-12888
Debtor's Counsel: Mitchell Stipp, Esq.
LAW OFFICE OF MITCHELL STIPP, P.C.
1180 N. Town Center Drive, Suite 100
Las Vegas, Nevada 89144
Tel: 702-602-1242
Email: mstipp@stipplaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Scottie Godino, Jr., as managing
member.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/PXHAO7I/Town_Lounge_Henderson_LLC__nvbke-25-12888__0001.0.pdf?mcid=tGE4TAMA
TRAVEL HUB: Cameron McCord Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 21 appointed Cameron McCord, Esq., at
Jones & Walden, LLC, as Subchapter V trustee for Travel Hub, LLC.
Ms. McCord will be paid an hourly fee of $500 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. McCord declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Cameron McCord, Esq.
Jones & Walden, LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Phone: (404) 564-9300
Fax: (404) 564-9301
Email: cmccord@joneswalden.com
About Travel Hub
Travel Hub, LLC filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55030) on May 5,
2025.
At the time of the filing, the Debtor listed between $500,001 and
$1 million in both assets and liabilities.
TREE LANE: Plan Exclusivity Period Extended to October 23
---------------------------------------------------------
Judge Sheri Bluebond of the U.S. Bankruptcy Court for the Central
District of California extended Tree Lane LLC's exclusive periods
to file a plan of reorganization and obtain acceptance thereof to
October 23 and December 23, 2025, respectively.
As shared by Troubled Company Reporter, 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.
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.
UNIFIED SCIENCE: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Unified Science, LLC
d/b/a United Science
500 Simmon Dr
Osceola, WI 54020
Business Description: Unified Science, LLC provides services,
consulting, and manufacturing for the
pharmaceutical and nutraceutical industries.
The Company offers product development,
process engineering, analytical development,
and compliance services. It positions
itself as a scientific partner supporting
clients from development through to product
launch.
Chapter 11 Petition Date: May 19, 2025
Court: United States Bankruptcy Court
Western District of Wisconsin
Case No.: 25-11162
Judge: Hon. Catherine J Furay
Debtor's Counsel: Evan M. Swenson, Esq.
SWENSON LAW GROUP, LLC
118 E. Grand Avenue
Eau Claire, WI 54701
Tel: 715-835-7779
Fax: 715-835-2573
E-mail: evan@swensonlawgroup.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Jon Thompson as principal/managing
member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DSPECWQ/Unified_Science_LLC__wiwbke-25-11162__0001.0.pdf?mcid=tGE4TAMA
VAN DER VALK: Andrew Layden Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 21 appointed Andrew Layden as
Subchapter V trustee for Van Der Valk Construction, LLC.
Mr. Layden will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Layden declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Andrew Layden
200 S. Orange Avenue, Suite 2300
Orlando, FL 32801
Telephone: 407-649-4000
Email: alayden@bakerlaw.com
About Van Der Valk Construction
Van Der Valk Construction, LLC is a general contracting company
that specializes in residential construction, including custom and
model homes. Based in Hernando, Florida, the company also offers
real estate and property management services, particularly for
short-term rentals in Citrus County.
Van Der Valk Construction sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01382) on April
30, 2025, listing between $50,001 and $100,000 in assets and
between $1 million and $10 million in liabilities.
Judge Jacob A. Brown handles the case.
The Debtor is represented by Richard A. Perry, Esq., at Richard A.
Perry, P.A.
VIVA LIBRE: Mark Sharf Named Subchapter V Trustee
-------------------------------------------------
The U.S. Trustee for Region 17 appointed Mark Sharf, Esq., a
practicing attorney in Los Angeles, as Subchapter V trustee for
Viva Libre Restaurant Concepts, Inc.
Mr. Sharf will charge $660 per hour for his services as Subchapter
V trustee and $150 per hour for his trustee administrator's
services. In addition, the Subchapter V trustee will seek
reimbursement for work-related expenses incurred.
Mr. Sharf declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mark Sharf, Esq.
6080 Center Drive, 6th Floor
Los Angeles, CA 90045
Telephone: (323) 612-0202
Email: mark@sharflaw.com
About Viva Libre Restaurant Concepts
Viva Libre Restaurant Concepts Inc. operates Blue Agave Southwest
Grill, a Mexican and Southwestern fusion restaurant based in Yorba
Linda, California. The restaurant offers dishes like Mahi Mahi,
Mazatlan Mango Wrap and Montego Bay Coconut Shrimp.
Viva Libre filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-11186) on May 1,
2025. In its petition, the Debtor reported between $500,000 and $1
million in assets and between $1 million and $10 million in
liabilities.
Judge Theodor Albert handles the case.
The Debtor is represented by Christopher James Langley, Esq., at
Shioda Langley & Chang, LLP.
VMR CONTRACTORS: Court Extends Cash Collateral Access to July 18
----------------------------------------------------------------
VMR Contractors Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois, Eastern
Division to use cash collateral.
The order authorized the company to use cash collateral through
July 18 in accordance with its budget and the terms of the order
entered on March 1, 2023.
The budget shows total expenses of $549,000 for the period ending
June 8. These expenses include payroll, payroll taxes, steel
purchases, office supplies, union benefits, and other expenses.
The next hearing is scheduled for July 14.
About VMR Contractors
VMR Contractors, Inc. is in the business of supplying and
installing rebar for road construction projects.
VMR Contractors sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 22-14211) on Dec. 8,
2022, with $500,001 to $1 million in assets and $1 million to $10
million in liabilities. Vincent Roberson, president of VMR
Contractors, signed the petition.
Judge Benjamin Goldgar oversees the case.
The Debtor is represented by William J. Factor, Esq., at The Law
Office of William J. Factor, Ltd.
WABASH NATIONAL: S&P Downgrades ICR to 'B+', Outlook Stable
-----------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Wabash
National Corp. to 'B+' from 'BB-' and its issue-level rating on
Wabash's senior unsecured notes to 'B' from 'B+'. The '5' recovery
rating is unchanged, indicating its expectation for a modest
recovery (10%-30%; rounded estimate: 20%) in the event of a
default.
The stable outlook reflects S&P's expectation that the company's
S&P Global Ratings-adjusted debt to EBITDA could improve to 4x and
S&P Global Ratings-adjusted free operating cash flow (FOCF) to debt
could strengthen to the high-single-digit area percent area in 2026
as freight demand improves.
Wabash's credit measures will worsen below expectations for the
rating in 2025 as trailer deliveries have declined from freight
carriers delaying capital expenditure (capex).
S&P said, "The timing for a recovery and the magnitude of a
potential rebound is uncertain, and we see significant risk to the
forecast; however, our base case reflects the assumption that
trailer deliveries will improve somewhat in 2026, which could
improve the company's credit measures.
"Wabash's credit metrics will deteriorate beyond our previous
expectation for 2025, and the recovery in 2026 is uncertain. We now
expect S&P Global Ratings adjusted debt to EBITDA will be 8.9x and
FOCF to debt will be 0.5% in 2025 (previously, we assumed 3.6x and
8.2%, respectively), inclusive of the Missouri litigation liability
(which we include in our debt calculation due to our assumption
that Wabash would fund the liability with debt). We expect leverage
could approach 4x, along with FOCF to debt of about 8.8% by the end
of 2026 should trailer demand improve. Accordingly, we believe
credit measures will be commensurate with the lower rating for a
sustained period of time.
"Wabash has appealed the Williams et al. v. Wabash lawsuit. This
follows a judge's decision to reduce punitive damages to $108
million from the $450 million jury verdict earlier in the year
(compensatory damages remained nearly $12 million). The timing for
resolution and the outcome are uncertain. We continue to expect
Wabash to fund any adverse decisions with debt. We could lower the
rating if it funds the liability with debt and trailer demand
improvement is delayed further from its current near trough
levels.
"Trailer and truck body deliveries continue to underperform our
near-term expectations as freight carriers delay capex. Elevated
uncertainty in the broader economy has exacerbated already lower
trailer demand from the weaker freight demand environment as
carriers pause (or further delay) capex spend. We revised our
revenue growth expectations to -15% to -10% (previously -5% to
break-even) in 2025. This revision largely reflects weaker demand
in the transportation solutions segment (in which we now expect
revenue decline of 14.5%), partially offset by growth in the parts
and services segment (revenue growth of 10%). We now expect trailer
and truck body deliveries of about 27,500 and 12,800 in 2025,
respectively, (previously 30,800 and 14,700 in 2025, respectively),
improving to about 34,500 and 13,000 in 2026, respectively. We
assume average sale price (ASP) of $41,000 and $29,000 for trailers
and truck bodies, respectively, in 2025 and 2026 (unchanged from
our previous expectations).
"Given the cyclical nature of freight transportation and demand for
trailers from freight carriers therein, we generally expect total
North American trailer production of 250,000-325,000. Dry van makes
up the majority of trailer volume produced, and demand is more
volatile compared with more specialized products such as tank
trailers. We expect total North American trailer production will be
in the low-200,000 area in 2025. Production has not been as low
since the COVID-19 pandemic, and prior to that production had not
been as low since the 2008 recession and the two years thereafter.
We believe North American trailer production could improve to
240,000-250,000 in 2026. In a scenario where the industry only
produces trailers at replacement levels, we would expect production
of 220,00-230,000. We assume Wabash could deliver about
28,000-32,000 trailers.
"Wabash's EBITDA margin and reported FOCF are likely to improve
modestly through the remainder of 2025, with more material
improvement in 2026. Wabash started rightsizing its cost structure
in the first quarter. This includes reducing headcount in
production facilities in line with lower demand. Excluding the $342
million gain from the reversal of the charge related to Missouri
litigation, we expect Wabash will improve earnings relative to the
first quarter in the remainder of the year as trailer demand
remains weak. Its S&P Global Ratings-adjusted EBITDA margin was
about -1.5% in the first quarter. We expect full-year EBITDA margin
will improve to positive 2.5%-3.5% in 2025 (our previous assumption
was 8.0%-8.5%). Should trailer production improve in line with our
forecast, we would expect EBITDA margin to step up to 7%-8% in
2026.
"Its reported FOCF (inclusive of capital spend to support trailers
as a service [TaaS]) was negative $29.1 million in the first
quarter. Its cash flows were weaker due to lower earnings. We
expect reported FOCF between negative $10 million and break-even
(we previously assumed positive $30 million-$40 million) in 2025,
improving to $30 million-$40 million in 2026. We believe Wabash
will balance its investment in its TaaS offering along and use of
capital toward share repurchases with the timing of trailer demand
recovery. While we forecast reported FOCF of $35 million-$45
million in 2026, working capital could reduce this further
depending on the timing of a potential recovery.
"There is a high degree of uncertainty in the forecast over the
next few years due to evolving tariff policies and its impact on
the economy. Our base case assumes trailer demand will improve in
2026. We believe the current economic uncertainty is causing
freight carriers to delay capital spending they would have
otherwise deployed. Accordingly, should policy evolve such that
there is greater certainty, we would expect capital spending would
return more quickly. That said, it is likely that any combination
of supply chain disruption, higher input prices that are not
absorbed by carriers, or greater recession risk would result in a
negative rating action.
"The stable outlook reflects our expectation that Wabash's credit
metrics will be appropriate for the rating as trailer and truck
body demand recovers from current trough levels. We expect Wabash's
debt to EBITDA and FOCF to debt will improve below 5x and above 5%,
respectively, in 2026."
S&P could lower its rating on Wabash if it believes its S&P Global
Ratings-adjusted debt to EBITDA will remain above 5x or FOCF to
debt will remain below 5% for a sustained period. This could occur
if:
-- S&P does not expect Wabash to improve trailer deliveries; or
-- The likelihood that Wabash will raise debt to fund
litigation-related liabilities increases as trailer demand is
weak.
S&P could raise the rating on Wabash if its S&P Global
Ratings-adjusted debt to EBITDA improves below 4x and FOCF to debt
improves toward 15%. This could occur if it expects an increase in
trailer deliveries can be sustained or if the company pulls back on
capital spending as its TaaS offering matures.
WALKER AREA: Mary Sieling Named Subchapter V Trustee
----------------------------------------------------
The Acting U.S. Trustee for Region 12 appointed Mary Sieling as
Subchapter V trustee for Walker Area Community Center, Inc.
Ms. Sieling will be paid an hourly fee of $330 for her services as
Subchapter V trustee and an hourly fee of $200 for paralegal time.
In addition, the Subchapter V trustee will receive reimbursement
for work-related expenses incurred.
Ms. Sieling declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mary F. Sieling
150 South Fifth Street, Suite 3125
Minneapolis, MN 55402
Email: mary@mantylaw.com
About Walker Area Community Center
Walker Area Community Center Inc. operates a community facility in
Walker, Minn., which includes a gym, exercise space, seasonal ice
arena, locker rooms, meeting rooms, and offices. It supports
activities for the Boys & Girls Club, Rotary meetings, hockey and
curling leagues, as well as year-round basketball, pickleball, and
fitness programs. As of Nov. 18, 2024, the property was appraised
at $1.25 million based on comparable sales.
Walker Area Community Center sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Minn. Case No. 25-50310) on May 2,
2025. In its petition, the Debtor reported total assets of
$1,409,049 and total liabilities of $1,956,152.
Judge William J. Fisher handles the case.
The Debtor is represented by Steven R. Kinsella, Esq., at
Fredrickson & Byron, P.A.
WELLPATH HOLDINGS: Shannon Files Supplemental Rule 2019 Statement
-----------------------------------------------------------------
The law firm of Shannon & Lee LLP ("S&L") filed a supplemental
verified statement pursuant to Rule 2019 of the Federal Rules of
Bankruptcy Procedure to disclose that in the Chapter 11 case of
Wellpath Holdings, Inc., and affiliates, the firm represents
Parties in their capacities as creditors.
Neither S&L nor its attorneys hold any disclosable economic
interests (as that term is defined in Bankruptcy Rule 2019(a)(1))
in relation to the Debtors.
The Parties' names and addresses, together with the nature of the
claim are:
1. Jaclyn Mohrbacher
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
2. Erin Ellis
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
3. Jaime Johnston
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
4. Jazzmin Barboza
c/o Yolanda Huang
528 Grand Avenu
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
5. Leanna Zamora
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
6. Domonique Swain
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
7. Dominique Jackson
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
8. Tikisha Upshaw
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
9. Frankie Porcher
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
10. Sydney Whalen
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
11. Dayna Alexander
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
12. Gabriela Defranco
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
13. Marcaysha Alexander
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
14. Andanna Ibe
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
15. Andrania Yancy
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
16. Sandra Griffin
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
17. Diamond Cooper
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
18. Mary Mapa
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
19. Rose Perez
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
20. Annette Kozlowsk
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
21. Denise Rohrbach
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
22. Alexis Wah
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
23. Kelsey Erwin
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
24. Shani Jones
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
25. Dawn Dedrick
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
26. Jamila Longmire
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
27. Natalie Garrido
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
28. Jazmine Tate
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
29. Monica Nunes
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
30. Martina Gomez
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
31. Christina Zepeda
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
32. Estate of Jesus Eric Magana
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
33. Daniel Gonzalez
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
34. Lawrence Gerrans
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
35. Cedric Henry
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
36. Michael Lockhart
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
37. Randy Harris
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
38. Eric Rivera
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
39. David Misch
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
40. Tikisha Upshaw
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
41. Donald Corsetti
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
42. Tiara Arnold
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
43. James Mallet
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
44. Darryl Geyer
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
45. Timothy Phillips
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
46. Rasheed Tucker
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
47. Eric Wayne
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
48. James Mallett
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
49. Rasheed Tucker
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
50. Darryl Geyer
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
51. Timothy Phillips
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
52. Tiara Arnold
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
53. Donald Corsetti
c/o Yolanda Huang
528 Grand Avenue
Oakland, CA 94610
* Tort resulting in personal injury or wrongful death
54. K.C.
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
55. Terri Williams Park
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
56. Daryl Leon Pugh, SR
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
57. Sherri Reynolds
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
58. Lynn Segebart
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
59. Chue Doa Yang
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
60. Mai Thao Yang
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
61. Doug Fahrni
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
62. Tiffany Fahrni
c/o T. Kennedy Helm, IV
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
63. R.R.
c/o Sanjay S. Schmid
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
64. A.L.
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
65. Gabriel Roberts
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
66. Teil Gallo Ramirez
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
67. Desiree Dionne
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
68. R.D., Jr.
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
69. Bonnee Young
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
70. J.S.
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
71. J.T.
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
72. Teresa Slaven
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
73. Robert Slaven
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
74. Chue Doa Yang
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
75. Mai Thao Yang
c/o Sanjay S. Schmidt
1388 Sutter Street, Suite 810
San Francisco, CA 94109
* Tort resulting in personal injury or wrongful death
76. Maxine Johnson
c/o James Cook
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621
* Tort resulting in personal injury or wrongful death
77. C.M.
c/o James Cook
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621
* Tort resulting in personal injury or wrongful death
78. Laura Madrid
c/o James Cook
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621
* Tort resulting in personal injury or wrongful death
79. Michael Madrid
c/o James Cook
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621
* Tort resulting in personal injury or wrongful death
80. Barbara Doss
c/o James Cook
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621
* Tort resulting in personal injury or wrongful death
81. B.A.
c/o James Cook
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621
* Tort resulting in personal injury or wrongful death
82. J.L.J.A.
c/o James Cook
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621
* Tort resulting in personal injury or wrongful death
83. O.A.
c/o James Cook
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621
* Tort resulting in personal injury or wrongful death
84. Charles Ronald Anderson
c/o Kennedy Helm
644 40th Street, Suite 305
Oakland, CA 94609
* Tort resulting in personal injury or wrongful death
85. Liza Pizarro
c/o Katherine Rosenfeld
Emery Celli Brinkerhoff Abady Ward & Maazel LLP
600 Fifth Avenue, 10th Floor
New York, NY 10020
* Tort resulting in personal injury or wrongful death
86. Henrietta Smith
c/o Wingo Smith
Spears & Filipovits, LLC
315 W. Ponce de Leon Ave., STE 865
Decatur, GA 30030
* Tort resulting in personal injury or wrongful death
87. Nickeil Bethea-Smith
c/o Wingo Smith
Spears & Filipovits, LLC
315 W. Ponce de Leon Ave., STE 865
Decatur, GA 30030
* Tort resulting in personal injury or wrongful death
88. Esparza v. Wellpath et al.
c/o Grace Jun
501 West Broadway, STE 1480
San Diego, CA 92101
* Tort resulting in personal injury or wrongful death
The law firm can be reached at:
SHANNON & LEE LLP
R. J. Shannon, Esq.
2100 Travis Street, Suite 1525
Houston, Texas 77002
Tel. (713) 714-5770
Email: rshannon@shannonleellp.com
About Wellpath Holdings
Wellpath Holdings, Inc., formerly known as CCS-CMGC Holdings, Inc.,
is a provider of medical and mental healthcare in jails, prisons,
and inpatient and residential treatment facilities.
Wellpath Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 24-90533) on Nov. 11, 2024. Timothy Dragelin, chief
restructuring officer and chief financial officer, signed the
petitions.
At the time of the filing, the Debtors reported $1 billion to $10
billion in assets and liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Marcus A. Helt, Esq. at McDermott Will & Emery,
LLP, as bankruptcy counsel; FTI Consulting, Inc., as financial
advisor; and Lazard Freres & Co., LLC and MTS Partners, LP as
investment banker.
WEST CENTRO: Unsecured Creditors Will Get 15% of Claims in Plan
---------------------------------------------------------------
West Centro, LLC, filed with the U.S. Bankruptcy Court for the
Eastern District of Louisiana a Combined Plan and Disclosure
Statement.
The Debtor was founded in 2013. Its primary asset is a retail
center and related redevelopment of an outdated and poorly designed
1970's shopping center with municipal addresses of 2100 Franklin
Avenue, Gretna, Louisiana (hereinafter, referred to as the
"Property").
The Property is located on two parcels of property and was
purchased by the Debtor in July 2013 for approximately
$1,200,000.00.
The value of the Property is primarily derived from cash-flow and
cap rate. Using a conservative cap rate of 8.5% in its 2022
appraisal, BOA valued the Property in excess of $3,200,000.00. That
value as well as the Debtor's successful operation over many years
is what led to BOA financing the Property and later renewing the
loan in 2022.
A proactive remediation plan to resolve prior roof and HVAC issues,
which had led to water intrusion, is in progress. The Debtor has
hired Nola Construction, LLC to perform all work requiring a
licensed contractor. Roof repairs will be performed by Conforto
Roofing, and Liquid Thinking, LLC will provide sheetrock, paint,
and general carpentry services. Furthermore, the Debtor
restructured its lease agreement to have all pass-through triple
net ("NNN") fees, which protect creditors and ownership, for
variable expenses outside their control pass directly through to
tenant operators.
The Plan contemplates payments to all Holders of Allowed Claims
against the Debtor based upon the cash flow created through the
business operations of the Debtor or, alternatively, Liquidation of
the Debtor's assets. The Holders of Equity Interests will not
receive any Distribution until all other Allowed Claims have been
paid in accordance with the Plan.
Class 5 consists of Unsecured Claims. Class 5 consists of the
Allowed General Unsecured Claims in the approximate amount of
$1,300,000.00. Each Holder of an Allowed General Unsecured Claim
shall receive quarterly cash payments equal to its Pro Rata share
of $195,000.00, to be paid over a period of eighty-four months.
Payments shall commence on the first day of the fifteenth month
after the Distribution Date. Class 5 will also receive fifty
percent of the Litigation Funds, after payment of all Allowed
Administrative Expense Claims, Priority Claims, Priority Tax
Claims. Any distributions of Litigation Funds will not be applied
towards the quarterly payment amounts. This Class will receive a
distribution of 15% of their allowed claims. This Class is
impaired.
Class 6 consists of Equity Interests. Although the Holders of
Existing Equity Interests shall retain those interests after
Confirmation, no distributions may be made to the Holders of such
Equity Interests by virtue of same unless the following conditions
have been met: (a) all Unclassified Claims except for Priority
Claims have been paid in full; and, (b) the Debtor is current on
all payments to the Holders of Priority Claims and the Class 2, 3,
4 and 5 Claims as required by this Plan. Payments by Holders of
Existing Equity Interests to fund repairs and renovations to the
Property and provide infusions of capital will be deemed new value
contributions by Equity.
On and after the Effective Date, all Assets of the Debtor and its
estate shall vest in the Reorganized Debtor free and clear of all
Liens, encumbrances, and claims except for the Liens securing the
Class 2, 3 and 4 Claims.
On and after the Effective Date, the Reorganized Debtor may operate
its business, may use, acquire and dispose of property, may retain,
compensate and pay any professionals or advisors, and compromise or
settle any causes of action, claims or interests without
supervision of or approval by the Bankruptcy Court and free and
clear of any restrictions of the Bankruptcy Code or the Bankruptcy
Rules other than restrictions expressly imposed by the Plan and the
Confirmation Order. All payments due on or after the Effective Date
shall be made from the Debtor's cash on hand and from the future
revenues derived from the Reorganized Debtor's operation of the
apartment complex owned by the Debtor.
JBIT a member of the Debtor, will guaranty $200,000.00 of
obligations to BOA during the term of this Plan. The funds to
guaranty payment will be a capital contribution from JBIT through
Capital Advisors. A dedicated account has been established by
Capital Advisors with a current balance in excess of $200,000.00.
The Debtor will not be responsible for repayment of any funds
provided by JBIT pursuant to this guaranty, nor will any property
of the Debtor be used as collateral for the guaranty.
A full-text copy of the Combined Plan and Disclosure Statement
dated May 3, 2025 is available at https://urlcurt.com/u?l=orX3Jj
from PacerMonitor.com at no charge.
Attorneys for the Debtor:
Patrick S. Garrity, Esq.
Albert J. Derbes, IV, Esq.
Derbes Law Firm, L.L.C.
3027 Ridgelake Drive
Metairie, LA 70002
Tel: (504) 837-1230
Fax: (504) 832-0322
Email: pgarrity@derbeslaw.com
About West Centro
West Centro, LLC, is primarily engaged in renting and leasing real
estate properties. It owns the real property located at 2100-2108
Franklin St., Gretna, La., valued at $2.4 million.
West Centro filed Chapter 11 petition (Bankr. E.D. La. Case No.
24-11536) on Aug. 7, 2024, with total assets of $3,362,535 and
total liabilities of $3,478,874.
Judge Meredith S. Grabill oversees the case.
The Debtor is represented by Patrick Garrity, Esq., at The Derbes
Law Firm, LLC.
WST INDUSTRIES: Claims to be Paid From Continued Operations
-----------------------------------------------------------
WST Industries, LLC, filed with the U.S. Bankruptcy Court for the
Eastern District of North Carolina a Disclosure Statement
describing Plan of Reorganization dated May 2, 2025.
The Debtor was formed on May 1, 2006 and started as a commercial
construction business. In 2009, WST added a manufacturing business
to supplement revenue.
The Debtor's struggles arose in the 3rd quarter of 2023 when a
management level employee on the construction side misquoted
multiple projects out of the former Greenville, North Carolina,
location which was shut down in the 2nd quarter of 2024. The
manager was terminated and the Debtor tried to honor finishing the
project but the costs continued to rise. This, combined with the
nominal margins on the construction side, forced the Debtor to
declare Chapter 11 in order to save its manufacturing business and
the jobs of 20+ employees.
The Plan calls for the payment to the Debtor's creditors through
continued operations and the potential liquidation of certain
personal property, which may have significant tax consequences to
the Debtor and its members. The Debtor does not believe that
Confirmation of the Plan will result in any significant adverse tax
consequences to its creditors.
Class 6 consists of General Unsecured Claims. This Class shall
receive pro rata share of Minimum Unsecured Dividend of $275,000.
General unsecured creditors shall also receive 75% of net proceeds
of ERTC claim and funds from bankruptcy causes of action. This
Class is impaired.
The Debtor anticipates a continuation of operations by way of this
proposed reorganization. The Debtor's primary source of income is
through continued manufacturing business operations and the cash
proceeds generated. As the Debtor winds down its construction
business, it intends to sell excess personal property, primarily
vehicles.
A full-text copy of the Disclosure Statement dated May 2, 2025 is
available at https://urlcurt.com/u?l=JtFZyO from PacerMonitor.com
at no charge.
Counsel to the Debtor:
William H. Kroll, Esq.
Everett Gaskins Hancock Tuttle Hash, LLP
220 Fayetteville Street, Suite 300
Raleigh, NC 27602
Tel: (919) 755-0025
Fax: (919) 755-0009
Email: bill@eghlaw.com
About WST Industries
WST Industries LLC specializes in providing custom metal parts and
assemblies for industries such as automation, life sciences,
pharmaceuticals, and automotive. The Company offers services like
laser cutting, machining, welding, and metal reshaping, with
capabilities for both prototype and mass production. WST Industries
operates from a 31,000 sq. ft. facility equipped with advanced
technology to meet diverse customer needs.
WST Industries LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-01123) on March 28, 2025. In
its petition, the Debtor reports total assets of $492,708 and total
liabilities of $2,290,784.
Honorable Bankruptcy Judge Pamela W. McAfee handles the case.
The Debtor is represented by William Kroll, Esq. at EVERETT GASKINS
HANCOCK TUTTLE HASH LLP.
YOUNG MEN'S CHRISTIAN: Emerges from Chapter 11 Bankruptcy
---------------------------------------------------------
Jonathan Shelley of Fox54 reports that the Heart of the Valley YMCA
has reached a critical turning point in its financial recovery,
receiving court approval for its reorganization plan aimed at
restoring long-term stability while continuing to serve the greater
Huntsville community. On May 12, 2025, U.S. Bankruptcy Judge
Clifton R. Jessup, Jr. confirmed the organization's revised plan
following a May 7. 2025 hearing in the Northern District of Alabama
Bankruptcy Court. The approval comes nine months after the
nonprofit filed for Chapter 11 bankruptcy protection.
Central to the plan is a refinancing agreement with Redstone
Federal Credit Union, the YMCA's primary creditor. The nonprofit
will make a payment of more than $2 million—funded through the
earlier sale of Camp Cha La Kee—to reduce its current debt before
entering into new loan terms with Redstone, according to Fox54.
As part of the refinancing, several YMCA-owned properties will be
pledged as collateral, including the Madison branch at 130 Park
Square Lane, the Huntsville location at 1000 Weatherly Road
Southeast, and a third site referred to in court filings as the
"Hazel Green Property," Fox54 reports
The bankruptcy filing in August 2024 allowed the YMCA to continue
operations while developing a viable long-term plan. The court
ruled that the plan is "fair and equitable," offering the best
outcome for creditors and stakeholders. Judge Jessup also noted
that the proposal is unlikely to result in further liquidation or
future financial reorganization, signaling a vote of confidence in
the nonprofit's sustainability, the report relays.
Despite financial challenges, the YMCA has remained operational
throughout the process, continuing to offer fitness programs, youth
activities, swim instruction, and community services. Recently, the
organization announced plans to close its Downtown Express location
on Church Street and is actively exploring a new location. The
bankruptcy case will remain under court supervision until the
reorganization plan is substantially implemented, according to
report.
About The Young Men's Christian Association
The Young Men's Christian Association of Metropolitan Huntsville,
Alabama is a non-profit organization that offers programs to
support the needs of a growing and diverse communities including
childcare, health & fitness, teen programs and community programs.
YMCA filed Chapter 11 petition (Bankr. N.D. Ala. Case No, 24-81638)
on August 23, 2024, with $10 million to $50 million in both assets
and liabilities. Jeff Collen, interim chief executive officer of
YMCA, signed the petition.
Judge Clifton R Jessup Jr. presides over the case.
Kevin D. Heard, Esq., at Heard, Ary & Dauro, LLC, is the Debtor's
legal counsel.
[] Researchers Link Bankruptcies to Worse Nursing Home Care
-----------------------------------------------------------
U.S. healthcare organizations are filing for bankruptcy at record
rates as they increasingly rely on risky debt, leading to increases
in staff turnover and harm to patients -- particularly elderly ones
living in nursing homes.
$200 billion
A new study by heath economist Adrienne Sabety indicates the
residents of those bankrupt long-term care facilities are more
likely to be hospitalized 30 days after having been admitted to the
home, and are more likely to have been physically constrained and
to have suffered from bedsores due to less experienced nurses and
staff.
"New workers are less familiar with the patients and facility,
which adversely impacts patient outcomes," said Sabety.
Sabety and her fellow researchers provide what they believe is the
first empirical examination of healthcare provider bankruptcies and
how these defaults impact patient care. They chose to concentrate
on nursing homes because they are the most important part of senior
living, which accounts for one-fourth of all healthcare
bankruptcies in the United States.
"We focused on the $200 billion nursing home industry for its size,
heavy reliance on public financing through Medicare and
Medicaid--and the vulnerability of its patients," said Sabety, an
assistant professor of health policy and faculty fellow at the
Stanford Institute for Economic Policy Research (SIEPR.)
She added that nursing home regulators--the federal Centers for
Medicare & Medicaid Services and corresponding state
agencies--gather extensive data on the industry. This includes
payroll records for every worker and health assessments for nearly
every patient, providing them with a rich source of data. There are
more than 15,000 skilled nursing facilities in the United States,
employing some 1.4 million staff who serve more than 1.3 million
residents each day.
"Residents are highly vulnerable, older, and suffer from physical
ailments and cognitive impairments," said Sabety, a faculty
research fellow at the National Bureau of Economic Research, which
published the study. "Quality is shockingly low: one in-three
nursing homes patients on Medicare experience harm or death as a
result of low-quality care."
The other authors of the study are Samuel Antill and Jessica Bai of
Harvard University and Ashvin Ghandi of UCLA.
Bankruptcies Exacerbate Nursing Home Harms:
The researchers noted that the total debt in the U.S. healthcare
sector doubled between 2019 and 2024.
"As their debts grow, many healthcare firms struggle to keep up
with their debt obligations," they wrote. "As a result, Moody's
rates 80% of debt issued by healthcare firms as speculative
grade."
Through several Freedom of Information Act (FOIA) requests, the
researchers used three linked administrative datasets from the
Centers for Medicare & Medicaid Services. They also used a
randomized survey of current and former nursing home staff to
confirm that bankruptcy filings increase voluntary departures of
those staff, and that those replacement workers cause more harm to
patients than their more seasoned predecessors. They found that if
a patient receives care from a facility that recently filed for
bankruptcy, their chances of being hospitalized increases by 1.44
percentage points. And these bankruptcies increase the use of
physical restraints and bedsores by 77% and 14% of the mean,
respectively.
Implications for Regulators and Policymakers:
The research team recommended that Medicare and other healthcare
regulators reduce or eliminate subsidies for healthcare debt to
make debt financing less appealing.
"Our findings suggest that regulators should closely monitor all
healthcare provider bankruptcies, not only liquidations and
closures," Sabey said. "Regulators also have several means to
reduce the frequency of bankruptcies, like cutting existing debt
subsidies and excluding interest payments from consideration in
determining reimbursement rates."
In the extreme, she said, regulators could temporarily take control
of bankrupt providers, like the FDIC does for failed banks.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers. Information contained
herein is obtained from sources believed to be reliable, but is
not guaranteed.
The single-user TCR subscription rate is $1,400 for six months
or $2,350 for twelve months, delivered via e-mail. Additional
e-mail subscriptions for members of the same firm for the term
of the initial subscription or balance thereof are $25 each per
half-year or $50 annually. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***