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T R O U B L E D C O M P A N Y R E P O R T E R
Friday, May 30, 2025, Vol. 29, No. 149
Headlines
1 SANDPIPER: Seeks Cash Collateral Access
11 LOUEMMA LANE: Voluntary Chapter 11 Case Summary
18222 YORBA: Unsecured Creditors Will Get 100% in Sale Plan
1836-1838 WEST MARQUETTE: Seeks Chapter 11 Bankruptcy in Illinois
2022 WEST 36TH: Seeks to Hire Kutner Brinen Dickey as Attorney
23ANDME HOLDING: Co-Founder's Ch. 11 Sale Fight Sparks Objections
23ANDME HOLDING: Ombudsman Taps Wilmer Cutler Pickering as Counsel
23ANDME HOLDING: To Delist Stock from NASDAQ After Regeneron Deal
3 RONSON ROAD: Public Sale Auction Set for July 14
35A PROPERTY: Seeks to Hire Michael L. Previto as Attorney
35A PROPERTY: Voluntary Chapter 11 Case Summary
A.E. SCHLUETER: Gets Interim OK to Use Cash Collateral
ACCEPTIONAL MINDS: Gets Final OK to Use Cash Collateral
ACCORD LEASE: Court Extends Cash Collateral Access to June 20
ACRON 2 PORSCHE: Kimpton Overland Hotel Up For Sale on July 30
ADMIRE CARE: Seeks Subchapter V Bankruptcy in Florida
AKOUSTIS TECHNOLOGIES: CEO Resigns Following Asset Sale to THC
AKOUSTIS TECHNOLOGIES: June 17 Claims Filing Deadline Set
AKOUSTIS TECHNOLOGIES: Rebrands as ATech (Parent) Resolution Corp.
ALBERT WHITMAN: Court Extends Cash Collateral Access to July 5
ALLEGANY COLLEGE: S&P Affirms 'BB+' Rating on Rev. Refunding Bond
ALLEN PAVING: Court Denies Emergency Bid to Use Cash Collateral
ALLSTATE REALTY: Files Amendment to Disclosure Statement
ALTRAIN MEDICAL: Gets Final OK to Use Cash Collateral
APPLIED COMPOSITES: Blue Owl Marks $40.5MM 1L Loan at 37% Off
AT HOME GROUP: S&P Lowers ICR to 'SD' on Missed Interest Payment
ATTORNEY DONALD: Case Summary & Nine Unsecured Creditors
AZAP WELDING: Seeks Subchapter V Bankruptcy in Texas
BEACH HOUSE: Amends Unsecured Claims Pay Details
BEN FACKLER: Gets Interim OK to Use Cash Collateral
BISHOP OF OAKLAND: Committee Taps Robin Klomparens as Consultant
BRIGHT CARE: Gets Final OK to Use Cash Collateral
BROCATO'S SANDWICH: Gets Extension to Access Cash Collateral
BYJU'S ALPHA: Lender Seeks to Join Latest $533MM Chapter 11 Suit
CAPTURE DIAGNOSTICS: Seeks Chapter 11 Bankruptcy in Ohio
CASCADES INC: S&P Rates New $400MM Senior Unsecured Notes 'BB-'
CELSIUS NETWORK: Counterclaims in Bailey Adversary Case Tossed
CHG US: Seeks to Hire Stretto Inc as Claims and Noticing Agent
CONAIR HOLDINGS: Blue Owl Marks $12.5 Million 1L Loan at 14% Off
CONROE CORRAL: Claims to be Paid from Continued Operations
CORTEX NORTH: Gets Final OK to Use Cash Collateral
COVIAN ENTERPRISES: Case Summary & 20 Largest Unsecured Creditors
DANIEL J. WALLACE: Hires Menchaca & Company as Financial Advisors
DEEJAYZOO LLC: Case Summary & 20 Largest Unsecured Creditors
DENISON LANDSCAPING: Hires YVS Law LLC as Bankruptcy Counsel
DRIVEHUB AUTO: Court Extends Cash Collateral Access to June 24
DVAC HEATING: Seeks Subchapter V Bankruptcy in Washington
ELITE PRINTING: Gets Interim OK to Use Cash Collateral Until July 3
EOS FINCO: Blue Owl Marks $36.8 Million 1L Loan at 59% Off
EVERSTREAM SOLUTIONS: Seeks Chapter 11 Bankruptcy, To Sell Assets
EXACTECH INC: Milbank & Richards Revise Rule 2019 Statement
EXACTECH INC: Postpones Chapter 11 Confirmation Plan Hearing
FELTRIM TUSCANY: Gets Final OK to Use Cash Collateral
FERADYNE OUTDOORS: Blue Owl Marks $76.7 Million 1L Loan at 17% Off
FRANCHISE GROUP: Court Confirms Chapter 11 Plan to Cut Debt
FREE SPEECH: Jones' $50MM Sandy Hook Verdict Appeal Gains Support
FROM START 2 FLIP: Seeks Chapter 11 Bankruptcy in Illinois
FULLER'S SERVICE: Gets Extension to Access Cash Collateral
GEORGIA VASCULAR: Hearing to Use Cash Collateral Set for June 4
GLORY BOUND: Seeks to Tap HallerColvin PC as Bankruptcy Counsel
GOLD PACKAGE: Seeks Subchapter V Bankruptcy in Texas
HARLING INC: Court Extends Cash Collateral Access to June 4
HB CAPITAL: Voluntary Chapter 11 Case Summary
HIGHLAND CAPITAL: Wants to Halt Order Allowing CEO Bankruptcy Suit
HOODSTOCK RANCH: Seeks Cash Collateral Access
HORSEY DENISON: Taps Witherspoon Group as Financial Advisor
HUDSON PACIFIC: S&P Downgrades ICR to 'B', Outlook Negative
ICEY-TEK USA: Hires Taylor Real Estate as Auctioneer Agent
J AND A 5TH AVE: Seeks Chapter 11 Bankruptcy in New Jersey
J.C.C.M. PROPERTIES: Gets Interim OK to Use Cash Collateral
JERK PIT: Case Summary & 18 Unsecured Creditors
JERK PIT: Seeks Subchapter V Bankruptcy in D.C.
JMKA LLC: Court Extends Cash Collateral Access to June 27
JPK NEWCO: Seeks Subchapter V Bankruptcy in D.C.
JTRE 14 VESEY: Taps Phillips Nizer as Special Real Estate Counsel
KENBENCO INC: Gets Final OK to Use Cash Collateral
KUBOTA OF KNOXVILLE: Seeks Chapter 11 Bankruptcy in Tennessee
LAKESHORE TERRACE: Seeks to Hire Darby Law as Bankruptcy Counsel
LAZARUS INDUSTRIES: Hearing to Use Cash Collateral Set for June 2
LEVY VENTURES: Lender Seeks to Prohibit Cash Collateral Access
MALLINCKRODT PLC: Investors Secure Initial $5.5MM Settlement Okay
MIKLAR LLC: Case Summary & Five Unsecured Creditors
MIKLAR LLC: Seeks Subchapter V Bankruptcy in Tennessee
MITCHELL ROCK: Gets Court OK to Use Cash Collateral
MOM CA INVESTOR: Investor Demands Property Interests Turnover
NATIONAL DENTEX: Blue Owl Marks $134.3 Million 1L Loan at 25% Off
NATIONAL DENTEX: Blue Owl Marks $14.5MM 1L Loan at 27% Off
NATIONAL DENTEX: Blue Owl Marks $8.4-Mil. 1L Loan at 36% Off
NBA PROPERTIES: Seeks Chapter 11 Bankruptcy in California
NEW WORLD: Case Summary & 14 Unsecured Creditors
NFI GROUP: S&P Assigns 'BB-' Issuer Credit Rating, Outlook Stable
NIKOLA CORP: Creditors Want to Probe Founder Over $100MM Award
NOTORIOUS TOPCO: Blue Owl Marks $185.2 Million 1L Loan at 17% Off
NOTORIOUS TOPCO: Blue Owl Marks $3.9 Million 1L Loan at 64% Off
O'RYAN RANCHES: Seeks to Hire Lain Faulkner & Co as Accountant
O'RYAN RANCHES: Seeks to Hire Munsch Hardt Kopf as Attorney
ONEMAIN FINANCE: S&P Rates New $500MM Senior Unsecured Notes 'BB'
PARAGON MOVING: Gets OK to Use Cash Collateral Until June 10
PERATON CORP: Blue Owl Marks $60.3MM 2L Loan at 26% Off
PHYSICIAN PARTNERS: Blue Owl Marks $6.4 Million 1L Loan at 40% Off
PLENTY UNLIMITED: Exits Ch. 11 Bankruptcy, Completes Restructuring
PS OPERATING: Blue Owl Marks $15.6-MM 1L Loan at 86% Off
PS OPERATING: Blue Owl Marks $5.5-Mil. 1L Loan at 88% Off
RADIX HAWK: Seeks to Hire Tranzon Drigger as Auctioneer/Broker
RED LOBSTER: Court Tosses False Advertising Suit After Ch.11 Ruling
RED RIVER: 3rd Circuit Pauses Talc Study Libel Case Appeal
REGIONS PROPERTY: Court Extends Cash Collateral Access to June 18
RELENTLESS HOLDINGS: Seeks to Hire Trustee Realty as Realtor
RENE'S TRUCKING: Seeks Subchapter V Bankruptcy in Texas
ROCK N CONCEPTS: Court Extends Cash Collateral Access to June 13
ROCKAWAY CONTRACTING: Seeks Subchapter V Bankruptcy in New York
SABAL CONSTRUCTION: Gets Interim OK to Use Cash Collateral
SAIPRASAD LLC: To Sell Bexar Property in an Auction
SAKS GLOBAL: Hires Greenhill & Co. Before Debt Talks
SBLA INC: Court Extends Cash Collateral Access to June 18
SEAGATE DATA: S&P Rates Proposed Unsecured Exchange Notes 'BB'
SEVEN RIVERS: Court Grants FFB's Motions for Stay Relief
SHADE STORE: Blue Owl Marks $2.3 Million 1L Loan at 23% Off
SHIVANI CORP: Seeks to Hire Cox Law Group as Bankruptcy Counsel
SKIN HEALTH: Seeks Subchapter V Bankruptcy in Michigan
SOLAR EXCLUSIVE: Court OKs Deal to Use JPMorgan's Cash Collateral
SPENCER & ASSOCIATES: Taps Bookkeeping & Beyond as Bookkeeper
SPENCER & ASSOCIATES: Taps Calloway Stinson & Co. as Accountant
SPLENDIDLY BLENDED: Court Extends Cash Collateral Access to June 11
STAR WELLINGTON: Gets Final OK to Use Cash Collateral
STEVEN LAYNE: Seeks Subchapter V Bankruptcy in Arkansas
STEWARD HEALTH: Wants to Give Discounts to Top Bankruptcy Creditors
STS RENEWABLES: June 13 Chapter 15 Recognition Hearing Set
SWEET TRUCKING: Seeks to Use Cash Collateral
SYNTHEGO CORP: Seeks to Hire Fenwick & West LLP as Special Counsel
SYNTHEGO CORP: Seeks to Hire Raymond James as Investment Banker
SYNTHEGO CORP: Taps Allen Soong of Paladin Management as CRO
SYNTHEGO CORP: Taps Epiq Corporate as Administrative Advisor
SYNTHEGO CORP: Taps Pachulski Stang Ziehl & Jones as Counsel
SYSOREX GOVERNMENT: Gov't Contractor Seeks Speedy $2.3MM DIP Loan
T14-15 LLC: Case Summary & 20 Largest Unsecured Creditors
TEAK DECK: Amends JP Morgan Secured Claim Pay Details
TECHNO TOY: Hires Farsad Law Office as General Bankruptcy Counsel
TLC MEDICAL: Court Extends Cash Collateral Access to Aug. 12
TREESAP FARMS: Gets Court Okay to Get Chapter 11 Liquidation Votes
TRIPLE-G-GUNITE: Case Summary & 20 Largest Unsecured Creditors
TRIPLETT FUNERAL: Court OKs Limited Use of Cash Collateral
TROLLMAN ENTERPRISES: To Sell Fenton Property to Seven Lakes
UMA ENTERPRISES: Public Sale Auction Set for May 28
UNITED TALENT: S&P Rates $1.18BB First-Lien Facilities 'B+'
V850JACKSON LLC: Gets Interim Approval to Use Cash Collateral
VACATION OWNERSHIP: Court OKs Deal to Use Cash Collateral
WALKER EDISON: Blue Owl Marks $36.8 Million 1L Loan at 83% Off
WAVE ASIAN: Seeks to Hire BransonLaw PLLC as Bankruptcy Counsel
WAVE SUSHI: Seeks to Hire BransonLaw PLLC as Bankruptcy Counsel
WELCOME GROUP: Seeks to Use Cash Collateral Until Sept. 15
WEST COUNSELING: Gets Interim OK to Use Cash Collateral
WEST RIVER: Case Summary & Seven Unsecured Creditors
[] Allen Underwood II Joins Barclay Damon's Bankruptcy Practice
[^] BOOK REVIEW: The Heroic Enterprise
*********
1 SANDPIPER: Seeks Cash Collateral Access
-----------------------------------------
1 Sandpiper LLC asked the U.S. Bankruptcy Court for the Eastern
District of North Carolina, Raleigh Division, for authority to use
cash collateral.
The Debtor identifies five creditors -- Murphy Wall State Bank,
U.S. Small Business Administration, CT Corporation System (two
filings), and Custom Capital USA -- that may have interests in the
cash collateral from ongoing revenues.
At filing, the Debtor held approximately $66,019 in cash and
$76,013 in unencumbered assets.
The Debtor seeks to use these funds for operations and proposes
providing adequate protection through replacement liens and a
monthly payment of $39,640 to Murphy Wall.
A copy of the motion is available at https://urlcurt.com/u?l=nmeFgB
from PacerMonitor.com.
About 1 Sandpiper LLC
1 Sandpiper, LLC owns a vacation rental property located at 1
Sandpiper Lane in Marathon, Fla. The property is valued at$3.65
million.
1 Sandpiper 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 reported total assets of $3,822,330 and
total liabilities of $8,836,717.
Judge Pamela W. Mcafee handles the case.
The Debtor is represented by Danny Bradford, Esq., at Paul D.
Bradford, PLLC.
11 LOUEMMA LANE: Voluntary Chapter 11 Case Summary
--------------------------------------------------
Debtor: 11 Louemma Lane LLC
260 South Hope Chapel Road
Jackson, NJ 08527
Case No.: 25-15659
Business Description: 11 Louemma Lane LLC owns a property at 11
Louemma Lane in Sussex, New Jersey.
Chapter 11 Petition Date: May 29, 2025
Court: United States Bankruptcy Court
District of New Jersey
Debtor's Counsel: Eric H. Horn, Esq.
A.Y. STRAUSS LLC
290 West Mount Pleasant Avenue
Suite 3260
Livingston, NJ 07039
Tel: 973-287-5006
Email: ehorn@aystrauss.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Moshe Rudich as managing member.
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/XMFOIWA/11_Louemma_Lane_LLC__njbke-25-15659__0001.0.pdf?mcid=tGE4TAMA
18222 YORBA: Unsecured Creditors Will Get 100% in Sale Plan
-----------------------------------------------------------
18222 Yorba Linda Owner, LLC filed with the U.S. Bankruptcy Court
for the Central District of California a Disclosure Statement
describing Plan of Reorganization dated May 7, 2025.
The Debtor was incorporated on October 8, 2020. The Debtor's
managing member is 18222 Yorba Linda Investments, LLC.
The Debtor's principal asset is the real property commonly known as
18222 Mariposa Avenue, Yorba Linda, CA 92886 (the "Property") with
an estimated fair market value of $40,000,000.00. The Property is
4.99 acres of partially improved vacant land in the City of Yorba
Linda. The Debtor acquired title to the Property in November 2020.
The present care was filed to avoid foreclosure of the Property.
The property is the Debtor's primary asset. The property has
substantial equity to pay off all allowed obligations in full, both
secured and unsecured, as well as administrative claims and
quarterly fees to the Office of the United States Trustee.
At the present time, the Debtor has an executed Letter of Intent
("LOI") from ISF Yorba Linda, LLC ("Purchaser") to acquire the
Debtor's Property for $40,000,000.00. The parties are finalizing
the terms of the Purchase and Sale Agreement("PSA").
Since the execution of the LOI on April 21, 2025, the Purchaser has
been conducting its due diligence which is estimated to be
completed within the next 90 days, after which time, it will take
approximately 30 days to close escrow. The Debtor anticipates to
finalize the sale of the Property on or before October 2025.
Class 2 consists of General Unsecured Claims. In the present case,
the Debtor estimates that there are approximately $1,030,651.91 in
general unsecured debts. Holders of General Unsecured Claims will
receive 100% of their claims from the sale of the Property.
The Debtor's interest holder is 18222 Yorba Linda Investors, LLC,
which is the Debtor's Managing Member and 100% shareholder. 18222
Yorba Linda Investors, LLC is not a creditor of the Debtor and will
retain its equity interest in the Debtor.
The Debtor will fund the Plan from the sale of the Property.
A full-text copy of the Disclosure Statement dated May 7, 2025 is
available at https://urlcurt.com/u?l=GA8Gi7 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Michael Jay Berger, Esq.
Sofya Davtyan, Esq.
Law Offices of Michael Jay Berger
9454 Wilshire Blvd, 6th Floor
Beverly Hills, CA 90212
Telephone: (310) 271-6223
Facsimile: (310) 271-9805
Email: Michael.Berger@bankruptcypower.com
About 18222 Yorba Linda Owner, LLC
18222 Yorba Linda Owner LLC is a single asset real estate debtor,
as defined in 11 U.S.C. Section 101(51B).
18222 Yorba Linda Owner LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10922) on
February 6, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtor is represented by Michael Jay Berger, Esq., at LAW
OFFICES OF MICHAEL JAY BERGER.
1836-1838 WEST MARQUETTE: Seeks Chapter 11 Bankruptcy in Illinois
-----------------------------------------------------------------
On May 28, 2025, 1836-1838 West Marquette Ave 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 $100,000 and $500,000 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About 1836-1838 West Marquette Ave LLC
1836-1838 West Marquette Ave LLC is a single asset real estate
company operating in Chicago.
1836-1838 West Marquette Ave LLC relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08080) on
May 28, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $100,000 and $500,000.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
2022 WEST 36TH: Seeks to Hire Kutner Brinen Dickey as Attorney
--------------------------------------------------------------
2022 West 36th Avenue seeks approval from the U.S. Bankruptcy Court
for the District of Colorado to hire Kutner Brinen Dickey Riley,
P.C. as attorneys.
The firm will render these services:
(a) provide the Debtor with legal advice with respect to its
powers and duties;
(b) aid the Debtor in the development of a plan of
reorganization under Chapter 11;
(c) file the necessary petitions, pleadings, reports, and
actions which may be required in the continued administration of
the Debtor's property under Chapter 11;
(d) take necessary actions to enjoin and stay until final
decree herein continuation of pending proceedings and to enjoin and
stay until final decree commencement of lien foreclosure
proceedings and all matters; and
(e) perform all other legal services for the Debtor which may
be necessary herein.
The firm will be paid at these rates:
Jeffrey S. Brinen $540 per hour
Jenny M.F. Fujii $440 per hour
Jonathan M. Dickey $400 per hour
Keri L. Riley $390 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a pre-petition retainer of $16,738.
Ms. Riley disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Keri L. Riley, Esq.
Kutner Brinen Dickey Riley, PC
1660 Lincoln Street, Suite 1720
Denver, CO 80264
Tel: (303) 832-2910
Email: klr@kutnerlaw.com
About 2022 West 36th Avenue
2022 West 36th Avenue filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Col. Case No.
25-12773) on May 8, 2025, listing up to $50,000 in assets and
$1,000,001 to $10 million in liabilities.
Judge Michael E Romero presides over the case.
Keri L. Riley, Esq. at Kutner Brinen Dickey Riley, P.C. represents
the Debtor as counsel.
23ANDME HOLDING: Co-Founder's Ch. 11 Sale Fight Sparks Objections
-----------------------------------------------------------------
James Nani and Cassandre Coyer of Bloomberg Law reports that
Regeneron Pharmaceuticals and a court-appointed privacy ombudsman
are objecting to an attempt by 23andMe co-founder Anne Wojcicki to
contest the company's $256 million bid for the bankrupt
genetic-testing firm’s DNA database.
In a Thursday, May 29, 2025, filing with the U.S. Bankruptcy Court
for the Eastern District of Missouri, Regeneron accused Wojcicki's
TTAM Research Institute of violating the court-approved sale
procedures by submitting additional bids after the auction had
concluded, according to report.
The company also argued that TTAM should be prohibited from using
the discovery process to obtain details about Regeneron's bidding
tactics and internal discussions, the report states.
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its direct-to
consumer genetic testing, 23andMe offers personalized insights into
ancestry, genetic traits, and health risks. The Company has
developed a large database of genetic information from over 15
million customers, enabling it to provide health and carrier
status
reports and collaborate on genetic research for drug development.
On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
23ANDME HOLDING: Ombudsman Taps Wilmer Cutler Pickering as Counsel
------------------------------------------------------------------
Neil M. Richards, the duly-appointed consumer privacy ombudsman of
23andMe Holding Co. and its affiliates, seeks approval from the
U.S. Bankruptcy Court for the Eastern District of Missouri to
employ Wilmer Cutler Pickering Hale and Dorr LLP as his counsel.
The firm's services include:
a. understanding applicable state, federal and foreign privacy
and data security laws, including, but not limited to genetic
privacy laws and regulations;
b. reviewing and assessing the implementation of and
compliance with privacy and data protection protocols and
processes;
c. advising the CPO on the legal and technical aspects of the
cybersecurity practices of both the Debtor and any proposed
purchaser;
d. investigating any proposed sale or transfer of personally
identifiable information by the Debtors;
e. reporting to the Court on the information described in
Bankruptcy Code section 332(b);
f. providing advice to the CPO on issues of bankruptcy law and
procedure, including issues relating to sales under Bankruptcy Code
section 363, and the procedures applicable in this Court;
g. representing the CPO in any other matter that may arise in
connection with the CPO's service as consumer privacy ombudsman;
and
h. appearing before the Court in connection with the
foregoing.
The firm will be paid at these rates:
Partners $1,600 to $2,600 per hour
Counsel $1,400 to $1,600 per hour
Associates $825 to $1,370 per hour
Paraprofessionals $550 to $820 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following is provided in response to the request for additional
information set forth in Paragraph D.1. of the Fee Guidelines:
a. Question: Did you agree to any variations from, or
alternatives to, your standard billing arrangements for this
engagement?
Answer: No. WilmerHale and the CPO have not agreed to any
variations from, or alternatives to, WilmerHale's standard billing
arrangements for this engagement. The rate structure provided by
WilmerHale is appropriate and is not significantly different from
(a) the rates that WilmerHale charges for other non-bankruptcy
representations or (b) the rates of other comparably skilled
professionals.
b. Question: Do any of the professionals in this engagement vary
their rate based on the geographic location of the Debtors' chapter
11 cases?
Answer: No. The hourly rates used by WilmerHale in
representing the CPO are consistent with the rates that WilmerHale
charges other comparable chapter 11 clients, regardless of the
location of the chapter 11 case.
c. Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: WilmerHale has not represented the CPO or the Debtors
in the 12 months prior to the Petition Date.
d. Question: Has your client approved your prospective budget
and staffing plan, and, if so, for what budget period?
Answer: No.
Andrew N. Goldman, Esq., a partner at Wilmer Cutler Pickering Hale
and Dorr LLP, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Andrew N. Goldman, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
7 World Trade Center
New York, NY 10007
Tel: (212) 30 8836
Email: andrew.goldman@wilmerhale.com
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Chapter
11 cases of 23andMe Holding Co. and its affiliates.
The Committee selected Kelley Drye & Warren LLP as its lead
counsel; Stinson LLP as co-counsel; and FTI Consulting Inc. as
financial advisor.
23ANDME HOLDING: To Delist Stock from NASDAQ After Regeneron Deal
-----------------------------------------------------------------
Tom Zanki of Law360 reports that on Tuesday, May 27, 2025, bankrupt
genetic testing firm 23andMe Inc. said it will remove its stock
from the Nasdaq exchange, following the agreement by Regeneron
Pharmaceuticals Inc. to acquire the defunct company.
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
3 RONSON ROAD: Public Sale Auction Set for July 14
--------------------------------------------------
TGMP Owner LLC ("secured party") will hold a public sale on July
14, 2025, at 10:00 a.m. Eastern Time in-person at Venable LLP, 151
W. 42nd Street, 49th Floor, New York, New York 10036, and virtually
via online video conference -- The link and password for the line
video conference will be provided to all registered qualified
bidders.-- to sell to the qualified bidder with the highest or
otherwise best bid, subject to the governing terms of sale, (i) all
of the right, title and interest of 3 Ronson Road Sub LLC ("pledgor
I") in and to its 99% limited liability company interest in SAMTD
Acquisitions Woodbridge Urban Renewal LLC ("phase I borrower"), and
(ii) all of the right, title and interest of 3 Ronson Road Sub II
LLC ("pledgor II") in and to its 1% limited liability company
interest in Phase I Borrower ("Phase I Equity Collateral").
The Phase I Equity collateral secures indebtedness owned by Phase I
Borrower to Secured Party under a loan to Phase I Borrower in the
outstanding principal amount of $80 million plus unpaid interests,
attorneys' fees and other charges, including the costs to sell the
Phase I Equity Collateral ("Phase I Loan"). Pledgor I and Pledgor
II collectively own 100% of the equity interests in Phase I
Borrower. Phase I Borrower owns the condominium units commonly
knowns as Units 1, 2 and 3 in the Grande at Metro Park, a
condominium located at 3 Ronson Road, Woodbridge Township, New
Jersey.
Parties interested in further information about the collateral, the
requirements and registering to be a qualified bidder, or terms of
sale must contact secured party's brokers, Christopher Kramer and
Brock Cannon at Newmark, by email at christopher.kramer@nmrk.com
and brock.cannon@nmrk.com.
Upon execution of a standard non-disclosure agreement, additional
documentation and information will be available. Parties who do
not contact Newmark and register by 5:00 p.m. Eastern Time on July
7, 2025, may not be permitted to participate in the auctions.
Secured Party and its successors and assigns reserve the right to
modify the terms of the sale at any time and from time to time,
with or without notice.
35A PROPERTY: Seeks to Hire Michael L. Previto as Attorney
----------------------------------------------------------
35A Property Inc. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire Michael L. Previto as
attorney.
The firm will provide these services:
a. advise the Debtor with respect to his powers and duties as
a Debtor in Possession in the operation and management of financial
reorganization of the estate;
b. attend meeting and negotiates with creditors and their
representatives, Trustee and others;
c. take all actions to protect the Debtor's estate, including
litigating on the Debtor's behalf and negotiating where
applicable;
d. prepare all motions, applications, answers, orders,
reports, and papers necessary for the administration of the
estate;
e. assist and represent the Debtor in obtaining Debtor's
financing, if applicable;
f. prepare a Chapter 11 plan or plans and disclosure statement
and take any action to obtain confirmation of that plan;
g. represent the Debtor's interest in any sale of property or
assets;
h. appear in Court to protect his interests; and
i. perform all other legal services and provide such advice as
is necessary to assist Debtor.
The firm will be paid at 250 per hour.
The firm will be paid a retainer in the amount of $2,100.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael L. Previto, Esq., disclosed in a court filing that the firm
is a "disinterested person" as the term is defined in Section
101(14) of the Bankruptcy Code.
The firm can be reached at:
Michael L. Previto
150 Motor Parkway, Suite 401
Hauppauge, NY 11788
Tel: (631) 379-0837
About 35A Property Inc.
35A Property Inc. owns a multi-family premises at 35A Prospect
Place, Brooklyn, NY 11215 valued at $1.5 million.
35A Property Inc. sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-44621) on
Nov. 6, 2024. In the petition filed by Danil Shabatayev, as vice
president, the Debtor reports total assets of $1,500,000 and total
liabilities of $2,331,760.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Stacey Simon Reeves, Esq. at LAW
OFFICES OF STACEY SIMON REEVES.
35A PROPERTY: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: 35A Property Inc.
2741 Mill Avenue
Brooklyn NY 11234
Case No.: 25-42603
Business Description: 35A Property Inc. is a single-asset real
estate debtor as defined under 11 U.S.C.
Section 101(51B). The Company is involved
in managing a single property located in
Brooklyn, New York.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Judge: Hon. Elizabeth S Stong
Debtor's Counsel: Michael L. Previto, Esq.
MICHAEL L. PREVITO ESQ.
150 Motor Parkway
Hauppauge NY 11788
Tel: 631-379-0837
Email: mchprev@aol.com
Total Assets: $1,500,000
Total Debts: $1,550,000
Danil Shabatayez signed the petition as owner/vice president.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/D3U6LRA/35_A_Property_Inc__nyebke-25-42603__0003.0.pdf?mcid=tGE4TAMA
A.E. SCHLUETER: Gets Interim OK to Use Cash Collateral
------------------------------------------------------
A.E. Schlueter Pipe Organ Sales and Service, Inc. got the green
light from the U.S. Bankruptcy Court for the Northern District of
Georgia, Atlanta Division, to use cash collateral.
The order penned by Judge Paul Baisier authorized the Debtor's
interim use of cash collateral until June 12 to pay its operating
expenses.
The Debtor identifies two creditors that may assert liens on its
assets: Touchmark National Bank, based on a UCC filing from 2015
and subsequent amendments, and the U.S. Small Business
Administration, based on a 2020 UCC filing.
As protection, both creditors will be granted replacement liens on
all assets created or acquired by the Debtor after the petition
date, which are similar to their pre-bankruptcy collateral.
The next hearing is scheduled for June 12.
About A.E. Schlueter Pipe Organ Sales and Service
A.E. Schlueter Pipe Organ Sales and Service, Inc. specializes in
building, repairing, and maintaining pipe organs across the United
States.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55514) on May 16,
2025. In the petition signed by Arthur E. Schlueter, Jr., chief
executive officer, the Debtor disclosed up to $500,000 in assets
and up to $10 million in liabilities.
Thomas T. McClendon, Esq., at Jones & Walden LLC, represents the
Debtor as legal counsel.
ACCEPTIONAL MINDS: Gets Final OK to Use Cash Collateral
-------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Wisconsin
issued a final order authorizing Acceptional Minds, LLC to use the
cash collateral of merchant cash advance (MCA) lenders.
The final order penned by Judge Katherine Maloney Perhach
authorized the company to use cash collateral in accordance with
its monthly budget, which projects total operational expenses of
$146,127.57.
As protection, all MCA lenders with an interest in the cash
collateral were granted replacement liens on the company's
post-petition property, to the same extent and priority as their
pre-bankruptcy liens.
The lenders may seek relief from the automatic stay if the company
defaults on its obligations to provide adequate protection and
fails to cure the default.
About Acceptional Minds
Acceptional Minds, LLC filed Chapter 11 petition (Bankr. E.D. Wis.
Case No. 25-21926) on April 10, 2025, listing up to $500,000 in
both assets and liabilities. Rebecca Krisko, sole member, signed
the petition.
Judge Katherine M. Perhach oversees the case.
John W. Menn, Esq., at Swanson Sweet, LLP represents the Debtor as
legal counsel.
ACCORD LEASE: Court Extends Cash Collateral Access to June 20
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
issued its eighth interim order extending Accord Lease, Inc.'s
authority to use its lenders' cash collateral from May 23 to June
20.
The interim order signed by Judge Deborah Thorne authorized the
company to use the cash collateral of BMO Bank N.A., and 11 other
lenders to pay the operating expenses set forth in the budget.
As protection for the use of their cash collateral, the lenders
were granted replacement liens on the company's post-petition
assets.
The next hearing is set for June 18.
About Accord Lease Inc.
Accord Lease Inc. operates an automotive leasing and renting
business in Elgin, Ill.
Accord Lease filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
24-16518) on November 1, 2024, listing total assets of $3,773,857
and total liabilities of $5,800,404. Igor Tsapar, president of
Accord Lease, signed the petition.
Judge David D. Cleary handles the case.
O. Allan Fridman, Esq., at the Law Office of O. Allan Fridman is
the Debtors legal counsel.
BMO Bank N.A., as lender, is represented by:
James P. Sullivan, Esq.
Chapman and Cutler, LLP
320 South Canal Street
Chicago, IL 60606
Tel: 312.845.3000
jsullivan@chapman.com
ACRON 2 PORSCHE: Kimpton Overland Hotel Up For Sale on July 30
--------------------------------------------------------------
The 100% of the limited liability company interest in Acron 2
Porsche Drive Atlanta LLC, and together with all economic,
management and other rights, property and status ("collateral")
will be offered for sale at a public auction and sold to the
highest qualified bidder on July 30, 2025, at 10:00 a.m. prevailing
Central Time.
The sale will be conducted online in Zoom Meeting. The Zoom
meeting credentials will be shared in terms of sale, which will be
available to qualified bidders who, among other requirements,
executed a confidentiality and non-disclosure agreement.
The principal asset of the Company is the leased fee interest in
that certain real property and the improvements thereon knowns as
the Kimpton Overland Hotel - Atlanta Airport located at 2 Porsche
Drive, Hapeville, Georgia 30354 ("property").
The sale is to enforce the rights of CAI Overland Lender LLC
("Secured party") under (a) that certain loan agreement dated as of
Jan. 18, 2024, by and between Secured Party and Acron 2 Porsche
Drive Mezzco LLC ("borrower") and (b) that certain pledged and
security agreement dated as of Jan. 18, 2024, executed by borrower
in favor of the secured party.
Interested parties who desire additional information regarding the
Company, the collateral, the property or the terms of the public
sale will execute the NDA which can be accessed via the website
https://tinyurl.com/UCCSaleKimptonATL.
For questions and inquiries, contact Joanne Au of CBRE Capital
Markets at CBREuccsales@cbre.com
ADMIRE CARE: Seeks Subchapter V Bankruptcy in Florida
-----------------------------------------------------
On May 27, 2025, Admire Care LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Middle District of Florida.
According to court filing, the Debtor reports between $500,000
and $1 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Admire Care LLC
Admire Care LLC is a home health care services provider based in
Clermont, Florida that offers medical and non-medical care to
patients in their homes.
Admire Care LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla.Case No. 25-03163-GER)
on May 27, 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 Tiffany P. Geyer handles the case.
The Debtors are represented by Jeffrey Ainsworth, Esq. at
BransonLaw PLLC
AKOUSTIS TECHNOLOGIES: CEO Resigns Following Asset Sale to THC
--------------------------------------------------------------
ATech (Parent) Resolution Corp. (formerly known as Akoustis
Technologies, Inc.) disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on April 25, 2025, in
accordance with the Debtors' bidding procedures, as approved by the
Court on January 13, 2025, and amended on February 20, 2025, and
March 25, 2025, the Debtors conducted an auction for the Akoustis
Assets, which resulted in Tune Holdings Corp., a Texas corporation,
being named as the successful bidder for substantially all of the
assets of the Company and two of its subsidiaries, ATech Resolution
Corp. (f/k/a Akoustis, Inc.), a Delaware corporation, and RF Chips
Resolution Corp. (f/k/a RFM Integrated Device Inc.), a Texas
corporation and wholly owned subsidiary of ATech.
On the same date, Sellers, Purchaser, and Purchaser's parent, Space
Exploration Technologies Corp., a Texas corporation, as guarantor
of certain of Purchaser's obligations thereunder, entered into an
asset purchase agreement, under which Purchaser agreed, subject to
the terms and conditions of the Purchase Agreement, to purchase
certain assets and assume certain liabilities from the Sellers for
a purchase price of $30.2 million. On May 1, 2025, the Court
approved the sale, and the sale was consummated by the Parties on
May 15, 2025.
As previously disclosed, on December 15, 2024, the Company agreed
to the form of a "stalking horse" asset purchase agreement with
Gordon Brothers Commercial & Industrial, LLC, providing for the
sale and purchase of certain assets related to the Debtors'
businesses. Pursuant to the Debtors' bidding procedures, as
approved by the Court on January 13, 2025, and amended on February
20, 2025, and March 25, 2025, the Stalking Horse APA was subject to
higher and better offers received during the Cases.
Kamran Cheema resigned from the Company's Board of Directors in
connection with the sale of the Debtors' assets to Purchaser,
effective as of May 14, 2025.
Pursuant to the Purchase Agreement and effective as of May 14,
2025, the positions of Kamran Cheema as Chief Executive Officer and
Chief Product Officer of the Company and Kenneth Boller as Chief
Financial Officer of the Company terminated.
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.
AKOUSTIS TECHNOLOGIES: June 17 Claims Filing Deadline Set
---------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware set June 17,
2025, at 5:00 p.m. (prevailing Eastern Time) as last date and time
for persons or entities to file proof of claims against Akoustis
Technologies Inc. and its debtor-affiliates.
The Court also set June 15, 2025, at 5:00 p.m. (prevailing Eastern
Time) as deadline for all governmental units to file their claims
agains the Debtors.
All Claimants must submit by overnight mail, courier service, hand
delivery, U.S. first class mail, in person or electronically
through the online Electronic Proof of Claim Form available at
https://cases.stretto.com/Akoustis, an original, written proof of
claim that substantially conforms to the Proof of Claim Form so as
to be actually received (postmark date is insufficient) by Stretto,
the Debtors' claims and noticing agent, by no later than 5:00 p.m.
(prevailing Eastern Time) on or before the applicable Bar Date at
the following address if submitted by U.S. first class mail,
overnight, or hand delivery:
Akoustis Technologies, Inc. et al. Claims Processing
c/o Stretto, Inc.
410 Exchange
Suite 100
Irvine, CA 92602
Proofs of Claim sent to Stretto by facsimile, telecopy, or
electronic mail will not be accepted and will not be considered
properly or timely filed for any purpose in the Chapter 11 Cases.
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.
AKOUSTIS TECHNOLOGIES: Rebrands as ATech (Parent) Resolution Corp.
------------------------------------------------------------------
Akoustis Technologies, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that on April 25,
2025, in accordance with the Bidding Procedures, the Debtors
selected Silitronics Solutions Inc., a California corporation, as
the successful bidder for substantially all of the assets of
Grinding and Dicing Services, Inc., a California corporation and
wholly owned subsidiary of ATech, based on a bid valued at
approximately $6 million. The Debtors intend to seek approval for
the contemplated sale of the GDSI Assets to Silitronics by the
Bankruptcy Court in connection with the Cases.
In connection with the Purchase Agreement, on May 15, 2025, the
Company filed with the Secretary of State of the State of Delaware
a certificate of amendment to the Company's certificate of
incorporation, as amended. The Certificate of Amendment did not
amend the certificate of incorporation except to change the
Company's corporate name from "Akoustis Technologies, Inc." to
"ATech (Parent) Resolution Corp.", effective May 15, 2025.
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.
ALBERT WHITMAN: Court Extends Cash Collateral Access to July 5
--------------------------------------------------------------
Albert Whitman & Company received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral.
The order penned by Judge Jacqueline Cox authorized the company's
interim use of cash collateral until July 5 to pay the expenses set
forth in its budget and additional amounts that Republic Business
Credit, LLC approves in advance.
RBC holds an interest in the company's cash, which constitutes cash
collateral.
As of the petition date, Albert Whitman & Company owes RBC at least
$208,800.96 under a 2023 purchase agreement, which allows the
company to obtain cash to operate its business from the sale of its
accounts receivable to RBC. The company's obligation to pay its
pre-bankruptcy debt is secured by RBC's liens on substantially all
of its property.
As protection, the interim order authorized Albert Whitman &
Company to grant RBC replacement liens on its pre-bankruptcy
collateral and any assets acquired by the company after the
petition date.
The interim order also authorized the company to continue to sell
and assign its receivables to RBC but only in the amounts needed to
fund the obligations listed in the budget.
The next hearing is scheduled for July 1.
Republic Business Credit is represented by:
Michael A. Brandess, Esq.
Husch Blackwell, LLP
120 South Riverside Plaza, Suite 2200
Chicago, IL 60606
Phone: 312-526-1542
michael.brandess@huschblackwell.com
About Albert Whitman & Company
Albert Whitman & Company is a 106-year-old children's book
publisher based in Park Ridge, Ill.
Albert Whitman & Company sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No.
25-06161) on April 22, 2025. In its petition, the Debtor reported
between $1 million and $10 million in both assets and liabilities.
Judge Jacqueline P. Cox handles the case.
William J. Factor, Esq., is the Debtor's legal counsel.
ALLEGANY COLLEGE: S&P Affirms 'BB+' Rating on Rev. Refunding Bond
-----------------------------------------------------------------
S&P Global Ratings affirmed its 'BB+' long-term rating on Maryland
Economic Development Corp.'s series 2014 student housing revenue
refunding bonds, issued for Allegany College Housing LLC (ACH).
The outlook is stable.
S&P said, "We analyzed the project's environmental, social, and
governance factors relating to its market position, management and
governance, and financial performance. In our view, the project
suffers from demographics challenges that have led to consistent
enrollment declines in recent years that have affected occupancy at
the project. While management reports recently improved enrollment
figures, we believe demographic challenges remain. Despite elevated
social risk, we think environment and governance risks are neutral
factors in our credit rating analysis
"The stable outlook reflects the project's ability to consistently
produce satisfactory DSC above its 1.25 DSC covenant. f, with
continued college support and management's projected improving
enrollment and occupancy metrics. We expect that support from the
college will not diminish; this has allowed the project to maintain
solid reserve levels despite softer occupancy recently.
"We would consider a negative rating action if the project's net
revenue falls below its 1.25x its annual DSC covenant, if ACH has
to use reserve funds to make its debt service payments, or if the
college no longer shows strong support for the project.
"We would consider a positive rating action if occupancy increases
to historical levels and the project's annual DSC is consistently
above 1.25x debt service, without the support of the college."
ALLEN PAVING: Court Denies Emergency Bid to Use Cash Collateral
---------------------------------------------------------------
A U.S. bankruptcy judge issued an order denying as moot Allen
Paving & Construction, LLC's emergency motion to use cash
collateral.
The company may use cash as authorized by Section 363(b) of the
Bankruptcy Code in the ordinary course of business, according to
the order signed by Judge Catherine Peek Mcewen of the U.S.
Bankruptcy Court for the Middle District of Florida.
About Allen Paving & Construction
Allen Paving & Construction LLC, dba Paver Solutions is an outdoor
living contractor based in Saint Petersburg, Florida. Founded in
2002, the Company specializes in designing and installing custom
paver features for residential and commercial properties. Its
services include pool decks, driveways, walkways, patios, fire
pits, outdoor kitchens, outdoor lighting, and landscaping.
Allen Paving & Construction LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02464) on April 18, 2025. In its petition, the Debtor reports
total assets of $892,619 and total liabilities of $2,406,131.
Judge Catherine Peek Mcewen handles the case.
The Debtor is represented by Shawn M. Yesner, Esq., at Yesner Law,
PL.
ALLSTATE REALTY: Files Amendment to Disclosure Statement
--------------------------------------------------------
Allstate Realty Group, Inc., submitted a First Amended Disclosure
Statement describing Plan of Reorganization dated May 8, 2025.
Allstate Realty Group, Inc.is a California Corporation established
on August 11, 2021, as a trucking business. The major asset is the
real property located at 247 S. Carmelina Avenue in the City of Los
Angeles, 90049 (Rental property).
The Debtor is currently receiving $13,500 in rental income and the
income has been consistent since the filing of the bankruptcy.
Debtor's reorganization plan is based on this rental income.
The Debtor anticipates based on its budget that it will have
sufficient income from the rental property to pay all of its
expenses and after the five-year repayment plan, the income will
further increase and keep the company viable.
Like in the prior iteration of the Plan, the Debtor will pay a
total of $84,854.79 (2% of all general unsecured claims) to in the
holder of Class 4 General Unsecured claims, in monthly installments
of $1,414.25 over a 60-month period commencing on the 15th day of
the first full month following the Effective Date of the Plan.
Holders of allowed general unsecured claims shall receive their
pro-rata share of $1,414.25 monthly from the Debtor's disposable
income derived from the financials attached. The allowed unsecured
claims total $4,242,739.31. Class 4 claims are impaired.
Class 5 consists of Equity Interest Holders. In this case, Mr.
Joseph Kashki is the 100% equity security holder. Mr. Kashki will
retain his share ownership interest in the property but will not
receive any distributions, dividends, or payments with respect to
his share ownership interest. The interest holders of Debtor
Allstate Realty Group, Inc. will retain their share ownership
interest in the property but will not receive any distributions,
dividends, or payments with respect to its share ownership interest
until all payments have been made by the Debtor on the Plan with
respect to Class 3 and 4.
The Plan will be funded by the Debtor's post-petition revenues from
rental proceeds.
The hearing where the Court will determine whether or not to
confirm the Plan will take place on a date (July 2, 2025)
hereinafter referred "TBD", at the U.S. Bankruptcy Court, located
at 21041 Burbank Blvd., Room 303. Woodland Hills, CA 91367.
Ballots must be received by June 18, 2025 or it will not be
counted. Objections to the confirmation of the Plan must be filed
with the Court and served so that any objections are actually
received by counsel for the Debtor by June 18, 2025.
A full-text copy of the First Amended Disclosure Statement dated
May 8, 2025 is available at https://urlcurt.com/u?l=AZBxYf from
PacerMonitor.com at no charge.
About Allstate Realty Group
Allstate Realty Group, Inc., filed a Chapter 11 petition (Bankr.
C.D. Cal. Case No. 24-11555) on June 7, 2023, with $1 million to
$10 million in both assets and liabilities. Joseph Kashki, chief
executive officer of Allstate, signed the petition.
Judge Martin R. Barash oversees the case.
The Debtor is represented by:
Onyinye N. Anyama, Esq.
Anyama Law Firm, A Professional Corp
Tel: 562-645-4500
Email: onyi@anyamalaw.com
ALTRAIN MEDICAL: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
The U.S. Bankruptcy Court for the District of Arizona entered a
final order authorizing Altrain Medical and Dental Assisting
Academy, LLC to use cash collateral.
The final order authorized the company to use cash collateral to
operate its business in accordance with the approved budget,
subject to a 15% variance.
Some of the company's pre-bankruptcy secured creditors assert an
interest in the cash collateral. As protection, these secured
creditors were granted replacement security interest in and lien on
their pre-bankruptcy collateral.
A copy of the budget is available at https://shorturl.at/XC53f from
PacerMonitor.com.
About Altrain Medical and Dental
Assisting Academy
Altrain Medical and Dental Assisting Academy, LLC is a training
school for medical and dental assistants based in Glendale, Ariz.
Altrain sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Ariz. Case No. 25-02732) on March 28, 2025. In its
petition, the Debtor reported up to $50,000 in assets and between
$1 million and $10 million in liabilities.
Judge Eddward P Ballinger Jr handles the case.
The Debtor is represented by:
Patrick F. Keery, Esq.
Keery Mccue, PLLC
Tel: 480-478-0709
Email: pfk@keerymccue.com
APPLIED COMPOSITES: Blue Owl Marks $40.5MM 1L Loan at 37% Off
-------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $40,558,000 loan
extended to Applied Composites Holdings, LLC (fka AC&A Enterprises
Holdings, LLC) to market at $25,349,000 or 63% of the outstanding
amount, according to OBDC's Form 10-Q for the fiscal year ended
March 31, 2025, filed with the U.S. Securities and Exchange
Commission.
OBDC is a participant in a First Loan Senior Secured Loan to
Applied Composites Holdings, LLC (fka AC&A Enterprises Holdings,
LLC). The loan accrues interest at a rate of .50% per annum. The
loan matures on July 2027.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About Applied Composites Holdings, LLC (fka AC&A Enterprises
Holdings, LLC)
Applied Composites Holdings, LLC (fka AC&A Enterprises Holdings,
LLC) is a leading provider of complex composite components,
assemblies, engineering, and tooling to the aerospace, defense, and
space systems markets. Vertically integrated with six strategic
locations, we have widespread capabilities to serve expanding
industry needs in many high-growth aerospace and defense platforms.
AT HOME GROUP: S&P Lowers ICR to 'SD' on Missed Interest Payment
----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on home decor
retailer At Home Group Inc. to 'SD' (selective default) from
'CCC'.
S&P also lowered its issue-level rating on the company's 11.5%
secured notes to 'D' from 'CCC'. The' 4' recovery rating on the
notes remains unchanged.
The issue-level ratings and recovery ratings on the company's
senior secured term loan due 2028, $300 million senior secured
notes due 2028, senior secured toggle notes due 2028 and senior
unsecured notes due 2029 remain unchanged.
S&P will reassess its ratings on the company once it addresses the
default.
At Home Group Inc. did not make its interest payment due May 15,
2025 on its $200 million 11.5% senior secured notes due 2028 and
entered into a forbearance agreement with its lenders. The company
is current on the remainder of its debt.
The downgrade reflects the company's missed interest payment on its
11.5% $200 million senior secured notes due May 15, 2025.
Furthermore, on May 23, 2025, the company entered into a
forbearance agreement with the majority of its lenders through June
30, 2025. Under the agreement the lenders under the 2026 ABL
facility and 2028 term loan agree to forbear their rights, which
include acceleration of payments in the event of default, until
June 30, 2025, subject to early termination events. In January
2025, the company elected to pay-in-kind (PIK) its interest payment
due May 14, 2025 on its toggle notes that allow for interest to be
paid in cash or in kind. The company has reached its PIK periods
allowed after that election and the option is unavailable going
forward.
S&P said, "We expect liquidity challenges to persist. The company's
audit for the fiscal year ended Jan. 25, 2025, indicated a weak
liquidity position that could affect the company's ability to
operate as a going concern. At the end of fiscal 2024 the company
had $14.2 million of cash and recorded a free operating cash flow
(FOCF) deficit of $61 million, an improvement from $127.8 deficit
in fiscal 2023. The company had $17.3 million available under its
ABL facility that is under cash dominion in which proceeds of
receivables collected are required to repay the ABL balance. Given
the company's weak operating performance and limited liquidity, we
believe it is unlikely it will be able to make its future interest
payments ($160 million annually) or to comply with its financial
maintenance covenants including its fixed charge coverage ratio. If
the company's fixed charge coverage ratio falls below 1x, the ABL
agreement is subject to specified availability floors that would
further restrict its liquidity.
"We will reassess our ratings on the company once we have more
information on At Home's plans to address the default and its
liquidity position."
ATTORNEY DONALD: Case Summary & Nine Unsecured Creditors
--------------------------------------------------------
Debtor: Attorney Donald Wyatt PC
PO Box 132467
431 Nursery Road
Spring, X 77393
Case No.: 25-32917
Business Description: Attorney Donald Wyatt PC is a Texas-based
law firm specializing in consumer
bankruptcy, elder law, and probate matters.
The firm is led by Donald L. Wyatt Jr., who
is Board Certified in Consumer Bankruptcy
Law by the Texas Board of Legal
Specialization. It operates in the Spring
and The Woodlands areas of Texas.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Judge: Hon. 25-32917
Debtor's Counsel: Donald Wyatt, Esq.
ATTORNEY DONALD WYATT PC
PO Box 132467
Spring TX 77393-2467
Tel: (281) 419-8703
Email: don.wyatt@wyattpc.com
Total Assets: $215,471
Total Liabilities: $1,600,157
The petition was signed by Donald Wyatt as president.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FSCEVBY/Attorney_Donald_Wyatt_PC__txsbke-25-32917__0001.0.pdf?mcid=tGE4TAMA
AZAP WELDING: Seeks Subchapter V Bankruptcy in Texas
----------------------------------------------------
On May 26, 2025, AZAP Welding & Construction LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Northern District
of Texas. According to court filing, the Debtor reports between
$100,000 and $500,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About AZAP Welding & Construction LLC
AZAP Welding & Construction LLC is a Dallas-based company that
provides welding and construction services.
AZAP Welding & Construction LLCsought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-31925) on
May 26, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100,000 and $500,000 each.
The Debtors are represented by Law Offices of Jeffrey T. Hall
BEACH HOUSE: Amends Unsecured Claims Pay Details
------------------------------------------------
Beach House LLC submitted a First Amended Disclosure Statement with
respect to Plan of Reorganization dated May 8, 2025.
Pursuant to the Plan, the Debtor proposes to effectuate a
reorganization and to complete a balance sheet restructuring that
will aid in the Debtor's viability.
On the Effective Date, except as otherwise set forth in the Plan,
the Estate's interest in all Assets shall vest in the Debtor free
and clear of any and all Claims, Interests, or defenses (including
recoupment) with respect to any Claims, whether known or unknown,
asserted or unasserted, or contingent or fixed.
As of the Effective Date, the Debtor will own the Real Property.
Pursuant to an appraisal commissioned by First Boston in November
of 2024 and as reflected in the Debtor's amended schedules, the
Real Property has a fair market value of $8,300,000. Should the
Real Property be liquidated, i.e., sold at foreclosure, the Debtor
anticipates that said liquidation would realize an amount, after
auction fees, etc., equal to 70% of the fair market value, or
$5,810,000.
The Debtor has fully repaired all damage suffered during the
December of 2023 storm and enters the 2025 season with all rooms
available for rent, something that never occurred in the prior
years that the Debtor owned the Real Property. In addition,
bookings for the 2025 season are well above the historical numbers
and a new food and beverage program is being instituted, which will
significantly increase revenue, The Debtor is comfortable that
these factors, when taken together, will allow it to meet, if not
surpass, the forecast found in the Cash Flow Projection. In other
words, the Debtor does not believe that liquidation or further
reorganization is likely to be needed.
Class 8 consists of General Unsecured Claims that are not
Unclassified Claims or provided for under any other Class contained
in the Plan, and Class 8 Claims shall include any deficiency Claim
arising from operation of Section 506 of the Bankruptcy Code. For
avoidance of doubt, Class 8 Claims shall include, but not be
limited to, any and all Allowed General Unsecured Claims of: (a)
First Boston, (b) Clean Laundry Funding, (c) Ascentium; (d) USAM
and all claims of (i) Airwave Mechanical, Inc. (ii) Warren
Mechanical, Inc. (iii) York Water District; (iv) Gammon LLC, and
(v) those set forth in the Schedules or Filed in a timely proof of
Claim as General Unsecured Claims., which totals an amount equal to
$5,786,347.45.
In full and final satisfaction, settlement, release, and discharge
of any General Unsecured Claim, each Holder of an Allowed General
Unsecured Claim shall receive five annual Cash Distributions of its
pro rata share of an amount equal to the Debtor's annual net
operating income minus payments of the financial obligations set
forth above in the treatments of Classes 1 to 7 minus an operating
reserve equal to 10% of annual net operating income ("Excess NOI").
Excess NOI shall be calculated after the end of each calendar year
and pro rata payments shall be made annually on or about April 15th
of the next year.
The first pro rata payment of Excess NOI-for calendar year 2025-
shall be calculated after December 31, 2025, and made on or before
April 15, 2026. To the extent that Excess NOI is unavailable under
this formula for a given year, the Trust and/or Perkins will
guarantee a minimum NOI payment of $25,000 per year. The Debtor
estimates that the total amount of Excess NOI to be distributed to
holders of Allowed General Unsecured Claims over the five-year term
is $1,624,961 (assuming First Boston makes a Section 1111(b)
election).
Class 9 consists of any and all equity interests in the Debtor.
Ninety percent of the equity interests of the Debtor are held by
the Trust, and ten percent of the equity interest of the Debtor are
held by Jack H. Lieberman ("Lieberman" and together with the Trust,
the "Owners"). The Owners shall continue as the only Interest
Holders of the Debtor after the Confirmation Date. No equity
distributions shall be made to the Owners premised on their
Interests in the Debtor until such time as all other Claims have
been satisfied pursuant to the terms of the Plan, absent agreement
between the Owner and any Claimant otherwise entitled to the
Distribution.
As discussed at Section IV.C.7, the Owners have already provided
the Debtor with "new value" for purposes of Section 1129(b) of the
Bankruptcy Code. Should Class 8 vote against the Plan, the Owners
will provide additional new value sufficient to satisfy the "fair
and equitable requirement" of Section 1129(b) of the Bankruptcy
Code, including by ensuring that holders of Allowed Class 8 Claims
receive their pro rata share of minimum annual NOI payments.
The Plan requires the Debtor to make certain payments to Holders of
Allowed Claims. These payments will be generated from one or more
of the following sources:
* Revenue from Business Operations: As evidenced by the Cash
Flow Projections, the Debtor expects to generate significant
revenue from operations on a going forward basis. That revenue will
be the primary source of funding for the Debtor's Plan obligations
until the Class 3 Ballon Payment or 1111(b) Note Balloon Payment,
as applicable, comes due.
* Financing From Affiliated Entities. If necessary, Perkins,
the Trust, and/or affiliated persons or entities may contribute
equity or debt to assist the Debtor in meeting its Plan
obligations. If any cash is contributed as a loan or debt, any
repayment obligations as to the same shall be expressly
subordinated to the Plan obligations set forth herein.
* Third-Party Financing. The Debtor anticipated borrowing from
a third-party lender or lenders to make the Class 3 Note Ballon
Payment or 1111(b) Note Balloon Payment, as applicable, when it
comes due.
* Recoveries from Causes of Action. The Debtor may pursue
various Causes of Action, if the Debtor believes that it will
likely recover certain amounts from these Causes of Action. The
proceeds from the recoveries on any Causes of Action the Debtor
chooses to pursue are not expected to be material.
A full-text copy of the First Amended Disclosure Statement dated
May 8, 2025 is available at https://urlcurt.com/u?l=E5Facx from
PacerMonitor.com at no charge.
About Beach House LLC
Beach House LLC is part of the traveler accommodation industry.
Beach House LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Maine Case No. 24-20211) on October 17,
2024. In the petition filed by Taylor Perkins, as manager, the
Debtor reports estimated assets between $10 million and $50 milion
and estimated liabilities between $1 million and $10 million.
Bankruptcy Judge Michael A. Fagone handles the case.
The Debtor is represented by:
David C. Johnson, Esq.
MARCUS CLEGG
16 Middle Street Unit 501A
Portland, ME 04101
Tel: (207) 828-8000
Email: bankruptcy@marcusclegg.com
BEN FACKLER: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Ben Fackler Construction, Inc. got the green light from the U.S.
Bankruptcy Court for the District of Oregon to use cash
collateral.
The order signed by Judge Peter Mckittrick on May 28 authorized the
Debtor's interim use of cash collateral through June 2 and approved
its projection of cash receipts and disbursements, with the
following limitations:
1. The auto payment expense in the week ending May 17 may not be
paid at this time.
2. The owners' compensation payment schedule for the week ending
May
24 may not be paid at this time.
3. Fuel expense for the weeks ending May 17, May 25 and May 31
may not be paid at this time.
4. The Debtor may not otherwise spend any monies of the estate
pending reinstatement of its contractor's license or further order
of the court.
5. The Debtor may not transact construction business or bid on
contracts for
which the State of Oregon requires a license pending reinstatement
of the
Debtor's contractor's license.
Creditors asserting interests in the Debtor's monies and accounts
receivable will be granted replacement liens to the extent their
pr-bankruptcy liens attached to the Debtor's property. These
creditors include Citizens Bank (with a senior lien), Lexon
Insurance Co. and Fora Financial.
The next hearing is set for June 2.
About Ben Fackler Construction
Ben Fackler Construction Inc., doing business as Fackler
Construction Company, provides commercial and residential
construction services in the Portland, Oregon metro area, including
McMinnville and nearby communities. It 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 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 reported total assets of $641,841 and
total liabilities of $5,832,743.
Judge Peter C. Mckittrick handles the case.
The Debtor is represented by Keith Y. Boyd, Esq., at Keith Y. Boyd,
P.C.
BISHOP OF OAKLAND: Committee Taps Robin Klomparens as Consultant
----------------------------------------------------------------
The official committee of unsecured creditors of The Roman Catholic
Bishop of Oakland seeks approval from the U.S. Bankruptcy Court for
the Northern District of California to employ Robin Klomparens, a
partner in the law firm of Fennemore WKBKY, to provide consulting
and expert witness services.
Ms. Klomparens will render these services:
(i) analyze whether assets held by the Debtor and/or
Non-Debtor Catholic Entities are restricted by virtue of being held
in valid charitable trusts under applicable laws and/or statues, or
otherwise;
(ii) perform all necessary due diligence, background
investigation and preparation that is customarily associated with
asset analysis, including but not limited to evaluating the
formation and validity of charitable trusts of all types;
(iii) review and evaluate any relevant reports prepared by or on
behalf of the Debtor, its professionals or any other entities;
(iv) prepare and draft expert reports, rebuttal reports and/or
affidavits/declarations concerning the issues for which Ms.
Klomparens is being engaged;
(v) prepare for and provide both deposition and court
testimony regarding the issues for which Ms. Klomparens is being
engaged; and
(vi) any other services that the applicant deems necessary
related to the subject of asset restriction, charitable giving and
charitable trusts under California and other relevant law.
Ms. Klomparens's hourly rate is $700.
Ms. Klomparens assured the court that she is a "disinterested"
person within the meaning of section 101(14) of the Bankruptcy
Code.
She can be reached at:
Robin Klomparens, Esq.
Fennemore WKBKY
10640 Mather Blvd STE 200
Mather, CA 95655
Phone: (916) 920-5286
Email: rklomparens@fennemorelaw.com
About The Roman Catholic Bishop of Oakland
The Roman Catholic Bishop of Oakland, a tax-exempt religious
organization, sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 23-40523) on May 8,
2023. In the petition signed by Bishop Michael Charles Barber, the
Debtor disclosed $100 million to $500 million in both assets and
liabilities.
Judge William J. Lafferty oversees the case.
The Debtor tapped Foley & Lardner LLP as legal counsel and Alvarez
& Marsal North America, LLC as restructuring advisor. Kurtzman
Carson Consultants LLC is the Debtors' claims and noticing agent
and administrative advisor.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee tapped Lowenstein Sandler, LLP as bankruptcy counsel;
Burns Bair LLP as special insurance counsel; and Berkeley Research
Group, LLC as financial advisor.
BRIGHT CARE: Gets Final OK to Use Cash Collateral
-------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Santa Ana Division entered a final order granting the motion by
Bright Care Veterinary Hospital, Inc. and Bright Care Veterinary
Group, Inc. to use cash collateral.
The final order authorized the companies to use cash collateral
through July 31 pursuant to the terms set forth in the motion and
modified by the companies' stipulations with Bank of America and
Live Oak Banking Company.
Both stipulations were approved by the court.
Should the companies intend to use cash collateral beyond July 31,
the parties may file another stipulation. However, if the terms
substantially differ from the approved stipulations, a separate
motion must be filed.
Live Oak Banking Company is represented by:
Bernie Kornberg, Esq.
340 Golden Shore, Suite 450
Long Beach, CA 90802
Telephone: 562.435.8002
Facsimile: 562.435.7967
bernie.kornberg@millernash.com
Bank of America is represented by:
Michele Sabo Assayag, Esq.
Rachel A. McMains, Esq.
Snell & Wilmer, L.L.P.
600 Anton Blvd., Suite 1400
Costa Mesa, CA 92626-7689
Telephone: 714.427.7000
Facsimile: 714.427.7799
massayag@swlaw.com
rmcmains@swlaw.com
About Bright Care Veterinary Hospital
Bright Care Veterinary Hospital, Inc. filed Chapter 11 petition
(Bankr. C.D. Calif. Case No. 25-10900) on April 8, 2025, listing
between $1 million and $10 million in both assets and liabilities.
Alireza Gorgi, president of Bright Care, signed the petition.
Judge Scott C. Clarkson oversees the case.
The Debtor is represented by:
David B. Golubchik, Esq.
Levene, Neale, Bender, Yoo & Golubchik L.L.P.
Tel: 310-229-1234
Email: dbg@lnbyg.com
BROCATO'S SANDWICH: Gets Extension to Access Cash Collateral
------------------------------------------------------------
Brocato's Sandwich Shop, Inc. received eighth interim approval from
the U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division to continue to use the cash collateral of its secured
creditors.
The eighth interim order authorized the company to use cash
collateral retroactive to May 8 to pay the expenses set forth in
its budget.
As protection, the court granted post-petition liens to secured
creditors including U.S. Foods, Inc., Gordon Food Service, Inc.,
and the Florida Department of Revenue, with the same validity and
priority as their pre-bankruptcy liens.
Brocato's' authority to use cash collateral will continue until
further order of the court.
The next hearing is scheduled for June 16.
About Brocato's Sandwich Shop
Brocato's Sandwich Shop, Inc. owns and operates a sandwich
restaurant in Tampa, Fla.
Brocato's filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
24-02613) on May 8, 2024, with $14,595 in assets and $1,396,391 in
liabilities. Michael Brocato, president of Brocato's, signed the
petition.
Judge Roberta A. Colton oversees the case.
Buddy D. Ford, Esq., and Jonathan A. Semach, Esq., at Buddy D.
Ford, P.A. are the Debtor's bankruptcy attorneys.
Gordon Food Service, Inc., as secured creditor, is represented by:
Brad W. Hissing, Esq.
Wetherington Hamilton, P.A.
812 W. Dr. MLK Jr. Boulevard, Suite 101
Tampa, FL 33603
Telephone: (813) 225-1918 ext. 129
Facsimile: (813) 225-2321
Email: bradh@whhlaw.com
BYJU'S ALPHA: Lender Seeks to Join Latest $533MM Chapter 11 Suit
----------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that on
Tuesday, May 27, 2025, a lender to the bankrupt American subsidiary
of Indian edtech giant Byju's requested permission from a Delaware
bankruptcy judge to intervene in the company's latest lawsuit over
the recovery of $533 million in missing funds, citing its status as
the debtor's largest creditor and a substantial interest in the
outcome.
About BYJU's Alpha
BYJU's Alpha, Inc., designs and develops education software
solutions.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Del. Case No. 24-10140) on Feb. 1, 2024. In the
petition signed by Timothy R. Pohl, chief executive officer, the
Debtor disclosed up to $1 billion in assets and up to $10 billion
in liabilities.
Judge John T. Dorsey oversees the case.
Young Conaway Stargatt & Taylor, LLP and Quinn Emanuel Urquhart &
Sullivan, LLP serve as the Debtor's legal counsel.
GLAS Trust Company LLC, as DIP Agent and Prepetition Agent, is
represented in the Debtor's case by Kirkland & Ellis LLP,
Pachulski
Stang Ziehl & Jones, and Reed Smith.
CAPTURE DIAGNOSTICS: Seeks Chapter 11 Bankruptcy in Ohio
--------------------------------------------------------
On May 27, 2025, Capture Diagnostics 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 Capture Diagnostics LLC
Capture Diagnostics LLC is a Columbus, Ohio-based medical
diagnostics company that previously operated a COVID-19 testing
business.
Capture Diagnostics LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-52292) on May 27,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge John E. Hoffman Jr. handles the case.
The Debtors are represented by Manuel Cardona, Esq. at Dickinson
Wright PLLC.
CASCADES INC: S&P Rates New $400MM Senior Unsecured Notes 'BB-'
---------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '4'
recovery rating to packaging and tissue-paper producer Cascades
Inc.'s proposed five-year, $400 million senior unsecured notes due
2030. S&P assumes the proposed notes will rank pari passu with the
company's existing senior unsecured notes. It expects the company
will use proceeds from the issuance to repay $206 million of its
senior unsecured notes due January 2026 and reduce borrowing under
its C$750 million asset-based lending (ABL) facility due July 2027.
The '4' recovery rating on the notes indicates its expectation of
average (30%-50%; rounded estimate: 35%) recovery in the event of
default.
S&P said, "All other ratings on Cascades are unchanged, including
our 'BB' long-term issuer credit rating on the company. The outlook
is negative.
"The negative outlook reflects Cascades' elevated S&P Global
Ratings-adjusted debt to EBITDA of well above 4x, which we consider
high for the rating, particularly given the weaker macroeconomic
backdrop, the sensitivity of the company's earnings to commodity
price fluctuations, and its significant debt maturities over the
next three years.
"We could lower our rating on Cascades over the next 12 months if
we expect it will sustain S&P Global Ratings-adjusted debt to
EBITDA of well above 4x. This could occur if the company's
profitability is weaker than anticipated, potentially due to higher
input costs or weaker demand for its products. We could also lower
our rating if management fails to make material progress toward
extending its debt maturity profile. We could revise our outlook on
Cascades to stable in the next 12 months if its credit measures
trend in line with or exceed our expectations, including S&P Global
Ratings-adjusted debt to EBITDA of below 4x. Under this scenario,
we assume the company would have reduced its debt outstanding while
improving its S&P Global Ratings-adjusted EBITDA margins and free
operating cash flow (FOCF) generation."
Issue Ratings--Recovery Analysis
Key analytical factors
-- The '1' recovery rating on Cascades' senior secured ABL
facility indicates S&P's expectation for very high (90%-100%;
rounded estimate: 95%) recovery, as well as the 'BB+' issue-level
rating, which is two notches higher than the issuer credit rating.
-- S&P's '4' recovery rating on the company's senior unsecured
notes indicates its expectation for average (30%-50%; rounded
estimate: 35%) recovery, which corresponds to a 'BB-' issue-level
rating.
-- S&P valued Cascades on a going-concern basis using a 5x
multiple for its EBITDA proxy, which is 0.5x lower than the
multiples it uses for certain of its peers. This mainly reflects
the company's relatively higher earnings volatility.
-- S&P's recovery analysis assumes that in a hypothetical
bankruptcy scenario about 80% of Cascades' net enterprise value is
available to its secured and unsecured creditors. The remaining 20%
is ascribed on a priority basis to the creditors of subsidiary
Greenpac Mill LLC and other nonguarantor subsidiaries, which S&P
assumes are fully covered.
-- The remaining residual value from these entities is also
available to Cascades' unsecured creditors in S&P's analysis.
-- S&P estimates the claims under the secured ABL (60% drawn) and
term loans (which rank pari passu) are fully covered, with the
residual value from Cascades' assets available to the unsecured
creditors.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: C$275 million
-- EBITDA multiple: 5.0x
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): C$1.31
billion
-- Valuation split (obligors/nonobligors): 80%/20%
-- Total value available to secured claims: C$1.20 billion
-- Secured first-lien debt: About C$785 million
--Recovery expectations: 90%-100% (rounded estimate: 95%)
-- Total value available to unsecured claims: About C$416million
-- Senior unsecured debt and pari passu claims: About C$1,128
billion
--Recovery expectations: 30%-50% (rounded estimate: 35%)
Note: All debt amounts include six months of prepetition interest.
Ratings list
Ratings Affirmed
Cascades Inc.
Senior Unsecured BB-
New Rating
Cascades Inc.
Cascades USA Inc.
Senior Unsecured
US$400 mil sr nts due 2030 BB-
Recovery Rating 4(35%)
CELSIUS NETWORK: Counterclaims in Bailey Adversary Case Tossed
--------------------------------------------------------------
Chief Judge Martin Glenn of the United States Bankruptcy Court for
the Southern District of New York granted the motion of plaintiff
Mohsin Y. Meghji in his capacity as Litigation Administrator for
Celsius Network LLC and its affiliated debtors, to dismiss with
prejudice the counterclaims of Emil Bailey to the adversary
proceeding captioned as MOHSIN Y. MEGHJI, LITIGATION ADMINISTRATOR,
AS REPRESENTATIVE FOR THE POSTEFFECTIVE DATE DEBTORS, Plaintiff, v.
EMIL BAILEY, Defendant, Adv. Pro. No. 24-03988 (Bankr. S.D.N.Y.)
pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.
The Defendant asserts the Counterclaims as part of an effort to
recover certain profits allegedly owed to him in connection with
his loan of certain cryptocurrency. The Crypto Assets were held in
two wallets, both of which the Defendant maintains it was the
lawful owner at all relevant times.
In November 2020, the Defendant contacted Jason Stone, the former
Chief Executive Officer of Post-Effective Date Debtor Celsius KeyFi
LLC, and KeyFi, Inc., to request the return of the Crypto Assets
plus any profits earned from their use during the period they were
on loan to the Executive and/or KeyFi, Inc., the Executive's
majority-owned vehicle. The Executive initially declined, and the
Defendant made repeated subsequent requests. Ultimately, the
Executive and/or Vehicle agreed to return the Crypto Assets,
transferring 850 ETH and 18.99 BTC to the ETH and BTC Wallets on
Dec. 31, 2020, respectively, and only a "de minimis amount" of
profits generated through use of the Crypto Assets.
The Defendant believes that the Executive and the Vehicle generated
profits of more than $5 million that were directly traceable to the
deployment and use of the Crypto Assets between Sept. 17, 2020 and
Dec. 31, 2020, as well as the "continued deployment of profits
generated therefrom through 2024. He further alleges that the
Executive on behalf of Celsius materially mispresented the
profitability of the investments, falsely stating that only minimal
profits were earned and negligible distributions were made.
The Defendant claims Celsius did not list him as a creditor or
otherwise in its schedules. He maintains that Celsius failed to
provide him with notice of its bankruptcy case.
The Litigation Administrator maintains that dismissal is
appropriate because the Defendant is not a known creditor entitled
to actual notice and, in any event, has failed to adequately plead
a claim against any Post-Effective Date Debtor.
Whether the Counterclaims can be discharged pursuant to section
1141(d)(1) of the Bankruptcy Code turns on whether the Defendant is
a "known" versus "unknown" creditor. The Court concludes he is the
latter. The Defendant maintains that because Celsius was able to
identify alleged fraudulent transfers made to the Defendant from
Celsius's wallets, it should have been aware of the Defendant's
"status as a known creditor." However, the Court notes knowledge of
the occurrence of such transfers, which serve as the basis for the
Complaint, does not necessarily translate into Celsius's knowledge
of the Agreement and the Defendant's potential claims stemming from
it.
The Court finds that the Counterclaims are barred by the confirmed
Plan and the Defendant's failure to file a proof of claim.
Therefore, the Court need not reach the individual Counterclaims
and related arguments.
A copy of the Court's decision dated May 15, 2025, is available at
https://urlcurt.com/u?l=ucpvlt from PacerMonitor.com.
Counsel for Mohsin Y. Meghji, Litigation Administrator for Celsius
Network LLC and its Affiliated Debtors:
Mitchell P. Hurley, Esq.
Dean L. Chapman Jr., Esq.
AKIN GUMP STRAUSS HAUER & FELD LLP
One Bryant Park
New York, NY 10036
E-mail: mhurley@akingump.com
dchapman@akingump.com
- and -
Elizabeth D. Scott, Esq.
Nicholas R. Lombardi, Esq.
AKIN GUMP STRAUSS HAUER & FELD LLP
2300 N. Field Street, Suite 1800
Dallas, TX 75201
E-mail: edscott@akingump.com
nlombardi@akingump.com
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred
January 31, 2024.
CHG US: Seeks to Hire Stretto Inc as Claims and Noticing Agent
--------------------------------------------------------------
CHG US Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Stretto, Inc. as the claims
and noticing agent.
Stretto will oversee the distribution of notices and will assist in
the maintenance, processing, and docketing of proofs of claim filed
in the Chapter 11 cases of the Debtors.
The firm will seek reimbursement for expenses incurred.
Sheryl Betance, a senior managing director at Stretto, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Sheryl Betance
Stretto Inc.
410 Exchange, Ste. 100
Irvine, CA 92602
Telephone: (714) 716-1872
Email: sheryl.betance@stretto.com
About CHG US Holdings LLC
CHG US Holdings LLC, operating as PLANTA GROUP, operates a chain of
plant-based restaurants with 18 locations across major U.S. cities.
The company's restaurants are located in Miami Beach, Brooklyn,
SOHO, Nomad, Washington DC, Atlanta, Denver, Los Angeles, West Palm
Beach, Chicago, and other metropolitan areas. These restaurants
likely offer exclusively plant-based cuisine based on the PLANTA
brand name and food vendor creditors listed in the filing.
CHG US Holdings LLC and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10851) on
May 12, 2025. In its petition, the Debtor reports assets between
$50,000 and $100,000, and liabilities ranging from $10 million to
$50 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Joseph C. Barsalona II, Esq. and
Michael J. Custer, Esq. at Pashman Stein Walder Hayden.
CONAIR HOLDINGS: Blue Owl Marks $12.5 Million 1L Loan at 14% Off
----------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $12,506,000 loan
extended to Conair Holdings LLC to market at $10,750,000 or 86% of
the outstanding amount, according to OBDC's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Loan to Conair
Holdings LLC. The loan accrues interest at a rate of 3.75% per
annum. The loan matures on May 2028.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About Conair Holdings LLC
Conair Holdings LLC is a designer, manufacturer and marketer of
branded personal care appliances, small kitchen appliances and
cookware, commercial foodservice equipment, professional hair care
and beauty products, hairbrushes and haircare accessories, cosmetic
and organizer bags and travel accessories. The company's leading
brands include Cuisinart, Conair, Scunci, Babyliss, and Waring.
Conair generated annual revenue of approximately $2.1 billion for
the 12 months ended December 31, 2024. Following a leveraged buyout
in May 2021, the company is majority owned by private equity firm,
American Securities LLC.
CONROE CORRAL: Claims to be Paid from Continued Operations
----------------------------------------------------------
Conroe Corral Murphy, LLC filed with the U.S. Bankruptcy Court for
the Southern District of Texas a Small Business Plan of
Reorganization under Subchapter V dated May 8, 2025.
The Debtor is a limited liability company formed and organized
under the laws of the State of Texas. The Debtor was formed in
January 2018 by Kirk Murphy, who serves as Manager of the Company
at all times.
The Company was organized and has operated at all times as a
franchisee of Golden Corral Corporation to operate a business
providing restaurant services, under the Golden Corral brand name
at 1604 Interstate 45 N, Conroe, Texas 77301-1697.
Class 3 consists of General Unsecured Claims. Holders of Allowed
Claims in Class 3 will be paid all proceeds remaining after payment
of allowed administrative claims and all required cash payments to
holders of allowed claims in Classes 1 through 3. This is estimated
to result in no more than a di minimis payment to holders of
Allowed Claims. This Class is impaired.
Class 4 consists of the equity interests of the Debtor's Member,
Kirk Murphy. As a result of confirmation of this Plan, Kirk Murphy
will retain his membership interest in the Debtor.
Payments and distributions under the Plan will be funded from the
continued operations of the Debtor. The Debtor intends to expand
services, as the opportunity arises.
This Plan of Reorganization proposes to pay creditors of the Debtor
by exercising its rights under the Franchise Agreement to assume
management of the franchise held by the Debtor, and (2) Golden
Corral Murphy, LLC paying or assuming the liability for the secured
debts to the extent such debts are secured by collateral
constituting business personal property of the Debtor's business.
A confirmation hearing for this Plan of Reorganization will be held
in Courtroom 403 at the United States Courthouse, 515 Rusk, 4th
Floor, Houston, TX 77002 on June 24, 2025 at 11:00 a.m.
A full-text copy of the Plan of Reorganization dated May 8, 2025 is
available at https://urlcurt.com/u?l=dr9VDB from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Alex Olmedo Acosta, Esq.
Acosta Law, P.C.
13831 Northwest Freeway, Suite 400
Houston TX 77040
Telephone: (713) 980-9014
Facsimile: (713) 583-9554
Email: alex@theacostalawfirm.com
About Conroe Corral Murphy
Conroe Corral Murphy, LLC operates within the restaurant industry.
It is based in Conroe, Texas.
Conroe Corral Murphy filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-30765) on
February 7, 2025. In its petition, the Debtor listed up to $50,000
in assets and between $1 million and $10 million in liabilities.
Judge Jeffrey P. Norman handles the case.
The Debtor tapped Alex Olmedo Acosta, Esq., at Acosta Law, PC as
bankruptcy counsel and Adrienne J. Paris, CPA as accountant.
CORTEX NORTH: Gets Final OK to Use Cash Collateral
--------------------------------------------------
Cortex North America Corporation received final approval from the
U.S. Bankruptcy Court for the District of Oregon to use its secured
creditors' cash collateral.
The final order authorized the company to use the cash collateral
of Radius Bank and the U.S. Small Business Administration to pay
the expenses set forth in its budget.
Cortex may use up to $5,000 in case of an emergency that requires
the use of cash collateral in excess of the allowed budget. For
amounts above $5,000, creditor consent must be requested and not
unreasonably withheld.
As protection, Radius Bank and SBA will be granted a replacement
lien on post-petition collateral to the same extent and with the
same priority as their pre-bankruptcy lien.
In addition, both creditors will receive a monthly payment of
$1,500 as further protection.
About Cortex North America Corporation
Cortex North America Corporation is a U.S.-based company that
specializes in high-performance chipping systems for the forest
products industry. Founded in 2016 and headquartered in Milwaukie,
Oregon, it provides durable and cost-effective cutting solutions to
sawmills and wood manufacturers globally. The Company offers a
range of products, including reversible knife systems, bridge
knives, and chipping components designed to enhance operational
efficiency and reduce costs.
Cortex North America Corporation sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Or. Case No.
25-31290) on April 18, 2025. In its petition, the Debtor reports
total assets of $611,562 and total liabilities of $2,489,933
Judge Peter C. McKittrick handles the case.
The Debtor is represented by Theodore J. Piteo, Esq., at Michael D.
O'Brien & Associates, P.C.
COVIAN ENTERPRISES: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Covian Enterprises, Inc.
Deco Window Fashions
Deco Flooring
13450 Research Blvd
Austin, TX 78750-3227
Business Description: Covian Enterprises, Inc. operates DECO
Window Fashions, a company that provides
custom window treatments including blinds,
shades, shutters, and drapery. Based in
Austin, Texas, the business serves both
residential and commercial clients and is an
authorized Hunter Douglas Gallery Dealer.
The Company also operates DECO Flooring,
which offers a range of flooring solutions
such as hardwood, luxury vinyl, laminate,
carpet, and tile, with professional
installation services across the Austin
area.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-10783
Judge: Hon. Shad Robinson
Debtor's Counsel: Stephen W Sather, Esq.
BARRON & NEWBURGER, P.C.
7320 N. MoPac Expressway 400
Austin TX 78731
Tel: (512) 649-3243
Email: ssather@bn-lawyers.com
Total Assets: $107,430
Total Liabilities: $2,443,431
The petition was signed by James J. Covian as VP and co-owner.
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/AJK5FKQ/Covian_Enterprises_Inc__txwbke-25-10783__0001.0.pdf?mcid=tGE4TAMA
DANIEL J. WALLACE: Hires Menchaca & Company as Financial Advisors
-----------------------------------------------------------------
Daniel J. Wallace M.D., a Medical Corporation, seeks approval from
the U.S. Bankruptcy Court for the Central District of California to
hire Menchaca & Company LLP as financial advisors and consultants.
The firm will render these services:
(a) examine the Debtor's financial records and consult with
the Debtor and the Debtor's accounting personnel and prepare the
Debtor's Federal and California income tax returns as required to
be filed by the Debtor until plan confirmation;
(b) examine the Debtor's financial records, consult with the
Debtor and Debtor's accounting personnel and provide bookkeeping
services for the Debtor and assist the Debtor with preparation of
Monthly Operating Reports required to be filed with the Court; and
(c) provide such other financial advisory and consulting
services as requested by the Debtor.
The firm will be paid at these rates:
Managing Partner and Managing Directors $585 per hour
Managers / Consultant $440 per hour
Senior Tax Specialist $395 per hour
Paraprofessionals $295 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jeffrey L. Sumpter, a partner at Menchaca & Company LLP, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jeffrey Lynn Sumpter, Esq.
Menchaca & Company LLP
835 Wilshire Blvd Ste 300
Los Angeles, CA 90017-2655
Telephone: (310) 922-0920
Facsimile: (310) 922-0920
About Daniel J. Wallace M.D.
Daniel J. Wallace M.D., a Medical Corporation specializes in the
treatment of rheumatic diseases and the research of autoimmune and
inflammatory diseases. It conducts business under the name Wallace
and Lee Center in Beverly Hills.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-14429) on June 3,
2024, with $301,368 in assets and $3,884,496 in liabilities. Daniel
J. Wallace M.D., chief executive officer, signed the petition.
Judge Barry Russell presides over the case.
Michael Jay Berger, Esq., at the Law Offices of Michael Jay Berger
represents the Debtor as bankruptcy counsel.
Tamar Terzian has been appointed as patient care ombudsman in the
Debtor's Chapter 11 case.
DEEJAYZOO LLC: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Deejayzoo LLC
DBA Shhhowercap
425 Greenpoint Avenue
Brooklyn, NY 11222
Case No.: 25-42617
Business Description: Deejayzoo LLC develops and markets
SHHHOWERCAP, a reusable and innovative
shower cap designed to replace disposable
alternatives. The product is waterproof,
humidity-defying, antibacterial, fits
all hair types, and machine washable. The
Company operates from its headquarters in
Brooklyn, New York, and is led by founder
Jacquelyn De Jesu.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Judge: Hon. Nancy Hershey Lord
Debtor's Counsel: Alla Kachan, Esq.
LAW OFFICES OF ALLA KACHAN, P.C.
2799 Coney Island Avenue
Suite 202
Brooklyn, NY 11235
Tel: (718) 513-3145
Email: alla@kachanlaw.com
Total Assets: $12,166
Total Liabilities: $2,846,653
Jacquelyn De Jesu signed the petition as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LCBEK5I/Deejayzoo_LLC__nyebke-25-42617__0001.0.pdf?mcid=tGE4TAMA
DENISON LANDSCAPING: Hires YVS Law LLC as Bankruptcy Counsel
------------------------------------------------------------
Denison Landscaping & Nursery Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Maryland to hire YVS Law, LLC
as counsel.
The firm will render these services:
(a) advising the Debtors of their rights, powers and duties as
debtors and debtors in possession;
(b) advising the Debtors concerning, and assisting in the
negotiation and documentation of, financing agreements, debt
restructurings, cash collateral arrangements, and related
transactions;
(c) representing the Debtors in defense of any proceedings
instituted to reclaim property or to obtain relief from the
automatic stay under Section 362(a) of the Bankruptcy Code;
(d) representing the Debtors in any proceedings instituted
with respect to the Debtors' use of cash collateral;
(e) reviewing the nature and validity of liens asserted
against the property of the Debtors and advising the Debtors
concerning the enforceability of such liens;
(f) advising the Debtors concerning the actions that they
might take to collect and to recover property for the benefit of
their estates;
(g) preparing on behalf of the Debtors all necessary and
appropriate applications, motions, pleadings, draft orders,
notices, schedules, and other documents and reviewing all financial
and other reports to be filed in these Chapter 11 cases;
(h) advising the Debtors concerning, and preparing responses
to, applications, motions, pleadings, notices, and other papers
that may be filed and served in these Chapter 11 cases;
(i) counseling the Debtors in connection with the formulation,
negotiation and promulgation of a plan of reorganization or
liquidation and related documents; and
(j) performing all other legal services it is qualified to
handle for and on behalf of the Debtors that may be necessary or
appropriate in the administration of these Chapter 11 cases.
The firm will charge these hourly fees:
Members $495 to $620
Counsel/Senior Counsel $435 to $615
Associates $270 to $350
Paralegals $210 to $285
Law Clerks $150 to $260
The firm received a retainer of $200,000.
Paul Sweeney, Esq., the firm's attorney who will be providing the
services, disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Paul Sweeney, Esq.
YVS LAW, LLC
185 Admiral Cochrane Drive, Suite 130
Annapolis, MD 21401
Tel: (443) 569-0788
Fax: (410) 571-2798
E-mail: psweeney@yvslaw.com
About Denison Landscaping & Nursery Inc.
Denison Landscaping & Nursery Inc. is a family-owned landscaping
company that offers residential and commercial landscape design,
installation, and maintenance services. Based in Fort Washington,
Maryland, the Company operates across the Mid-Atlantic region,
including Maryland, Virginia, Washington D.C., Delaware, and
Pennsylvania. Established in 1973, it also provides hardscaping,
irrigation, outdoor lighting, and seasonal services.
Denison Landscaping & Nursery Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Md. Case No. 25-14193) on
May 9, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
The Debtors are represented by Paul Sweeney, Esq. at YVS LAW, LLC.
DRIVEHUB AUTO: Court Extends Cash Collateral Access to June 24
--------------------------------------------------------------
DriveHub Auto, Inc. received fourth interim approval from the U.S.
Bankruptcy Court for the Middle District of Florida, Orlando
Division, to use cash collateral until June 24.
The fourth interim order authorized the company to use cash
collateral to pay its operating expenses per an approved budget,
with 10% variance.
XL Funding, LLC and other creditors, which assert a security
interest in the company's cash and cash equivalents, were granted a
post-petition lien on cash collateral to the same extent and with
the same validity and priority as their pre-bankruptcy liens.
DriveHub Auto has agreed to remit up to $86,532.26 to XL Funding
from future recoveries in pending adversary proceedings.
The next hearing is set for June 24.
A copy of the court's order and the budget is available at
https://shorturl.at/2MyhL from PacerMonitor.com.
About DriveHub Auto Inc.
DriveHub Auto Inc. is a used car dealership located in Orlando,
Fla., offering pre-owned vehicles to customers.
DriveHub Auto filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
25-00594) on January 27, 2025, listing between $1 million and $10
million in both assets and liabilities.
Judge Grace E. Robson handles the case.
The Debtor is represented by Daniel A. Velasquez, Esq., at Latham,
Luna, Eden & Beaudine, LLP.
Secured creditor XL Funding, LLC is represented by:
Eric B. Zwiebel, Esq.
Emanuel & Zwiebel, PLLC
7900 Peters Road
Building B, Suite 100
Plantation, FL 33324
eric.zwiebel@emzwlaw.com
DVAC HEATING: Seeks Subchapter V Bankruptcy in Washington
---------------------------------------------------------
On May 27, 2025, DVAC Heating & Air LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District of
Washington. According to court filing, the
Debtor reports $3,224,167 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About DVAC Heating & Air LLC
DVAC Heating & Air LLC is a family-owned company that provides
residential, light commercial, and new construction HVAC and
plumbing services in the greater Seattle area. Based in Mukilteo,
Washington, the Company offers installations, repairs, and
maintenance for systems such as furnaces, AC, heat pumps, water
heaters, and ductless units. Founded in 2014, DVAC emphasizes
competitive pricing, customer service, and skilled technicians.
DVAC Heating & Air LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11432) on May 27,
2025. In its petition, the Debtor reports total assets of $350,315
and total liabilities of $3,224,167.
Honorable Bankruptcy Judge Timothy W. Dore handles the case.
The Debtors are represented by Thomas D. Neeleman, Esq. at NEELEMAN
LAW GROUP, P.C.
ELITE PRINTING: Gets Interim OK to Use Cash Collateral Until July 3
-------------------------------------------------------------------
Elite Printing & Packaging Inc. got the green light from the U.S.
Bankruptcy Court for the Eastern District of Missouri, Eastern
Division, to use cash collateral.
The order signed by Judge Kathy Surratt-States on May 28 authorized
the Debtor's interim use of cash collateral from May 26 to July 3
to pay the expenses set forth in its budget.
The Debtor's primary secured creditors are U.S. Bank (with loans
totaling approximately $1.65 million) and Newtek Bank (with loans
totaling approximately $2.05 million), both secured by liens on the
Debtor's assets, including equipment, inventory, and receivables.
The Debtor also has merchant cash advance lenders, whose liens it
disputes but claims they do not affect the current cash
collateral.
As protection, U.S. Bank and Newtek Bank will receive valid
security interest in, and liens on the cash collateral.
The next hearing is set for July 1.
The Debtor's authority to use case collateral will terminate upon
the occurrence of so-called events of default unless they are
waived in writing by U.S. Bank and Newtek. These events of default
include the dismissal or conversion of the Debtor's Chapter 11
case; and granting the secured creditors relief from the automatic
stay.
About Elite Printing & Packaging Inc.
Elite Printing & Packaging, Inc. sought protection under Chapter 11
of the U.S. Bankruptcy Code (E.D. Mo. Case No. 25-41743) on May 5,
2025, listing up to $10 million in both assets and liabilities.
Michael K. Sloan, president of Elite Printing & Packaging, signed
the petition.
Judge Kathy A. Surratt-States oversees the case.
Spencer Desai, Esq., at The Desai Law Firm, represents the Debtor
as bankruptcy counsel.
EOS FINCO: Blue Owl Marks $36.8 Million 1L Loan at 59% Off
----------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $36,834,000 loan
extended to EOS Finco S.A.R.L to market at $15,286,000 or 41% of
the outstanding amount, according to OBDC's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Loan to EOS
Finco S.A.R.L. The loan accrues interest at a rate of 6% per annum.
The loan matures on October 2029.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About EOS Finco S.A.R.L
EOS US Finco LLC is a hardware technology company based in the
United States. The Company's country of domicile is Luxembourg.
EVERSTREAM SOLUTIONS: Seeks Chapter 11 Bankruptcy, To Sell Assets
-----------------------------------------------------------------
Kirk O'Neill of The Street reports that Everstream Solutions LLC, a
Cleveland-based business internet provider, has filed for Chapter
11 bankruptcy protection as it looks to sell its assets and address
a looming default on over $1 billion in prepetition credit
agreements.
According to the report, in its May 28, 2025, bankruptcy petition,
the company reported assets between $500 million and $1 billion,
and liabilities ranging from $1 billion to $10 billion. This
includes approximately $1.06 billion in secured debt. Everstream
delivers fiber connectivity, communication services, and network
security to enterprise customers across 13 Midwestern and
Northeastern states and Washington, D.C.
The company's top unsecured creditors include Crown Castle that is
owed over $1.45 million, Illuminating Co. owed more than $1
million, and Northern Lights Locating & Inspection Inc. owed over
$881,000.
According to court filings, Everstream's financial troubles stem
from extensive capital investments to expand its fiber network,
unexpected operational losses, unfavorable industry trends, and an
unsustainable debt load.
Owned 99% by non-debtor Midwest Fiber Intermediate US LP,
Everstream hired restructuring advisers in April 2023 amid
tightening liquidity and a growing risk of default. In October
2023, it launched a recapitalization effort, modified credit
agreements, obtained new equity funding, and pursued asset sales in
Illinois, Missouri, and Pennsylvania.
Although the sale of assets in Illinois and Missouri was completed
in May 2025, the broader sale process—launched in September
2024—remains ongoing. A subsidiary of Bluebird Network LLC
submitted a $285 million stalking-horse bid on May 22, 2025 for
Everstream's parent entity, Midwest Fiber Holdings LP.
Everstream has shut down its Pennsylvania operations and is seeking
court approval for up to $186 million in debtor-in-possession (DIP)
financing, including $55 million in new capital to support its
restructuring process.
Key dates in the bankruptcy proceedings include asset auction on
July 17, 2025, sale hearing on August 1, 2025, plan confirmation
hearing on October 30, 2025 (if stalking-horse bid is accepted) or
November 14, 2025, and the target effective date for reorganization
plan on March 26, 2026
About Everstream Networks LLC
Everstream Networks LLC is a business-focused provider of data,
internet, and communications services, operating a fiber network
spanning over 34,000 miles across 13 states in the U.S. Midwest and
Northeast. Headquartered in Cleveland, Ohio, the Company offers
enterprise-grade solutions such as dedicated internet access, dark
fiber, Ethernet, and network security. Founded in 2014 as a
subsidiary of nonprofit OneCommunity, Everstream has expanded
through a mix of organic growth and
acquisitions.
Everstream Networks LLC and affiliates sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No.
25-90144) on May 28, 2025. In its petition, the Debtor reports
estimated assets (on a consolidated basis) between $500 million and
$1 billion and estimated liabilities (on a consolidated basis)
between $1 billion and $10 billion.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel A. Morgan, Esq., Clifford W.
Carlson, Esq., Matthew S. Barr, Esq., Andriana Georgallas, Esq.,
and Alexander P. Cohen, Esq. at WEIL, GOTSHAL & MANGES LLP.The
Debtors' Special Counsel is RICHARDS, LAYTON & FINGER, P.A. BANK
STREET GROUP LLC is the Debtors' M&A Advisor. ALVAREZ & MARSAL
NORTH AMERICA, LLC is the Debtors' Financial Advisor. STRETTO, INC.
is the Debtors' Claims, Noticing & Solicitation Agent.
EXACTECH INC: Milbank & Richards Revise Rule 2019 Statement
-----------------------------------------------------------
The law firms of Milbank LLP and Richards, Layton & Finger, P.A.
("RLF") filed an amended verified statement pursuant to Rule 2019
of the Federal Rules of Bankruptcy Procedure to disclose that in
the Chapter 11 cases of Exactech, Inc. and affiliates, the firms
represent the ad hoc committee of certain lenders (the "Ad Hoc
Group").
In January 2023, the Ad Hoc Group retained Milbank as counsel with
respect to the Prepetition First Lien Loans. From time to time
thereafter, certain holders of Prepetition First Lien Loans have
joined and exited the Ad Hoc Group. In September 2024, the Ad Hoc
Group retained RLF to act as Delaware counsel.
Counsel represents the Ad Hoc Group and does not represent or
purport to represent any entities other than the Ad Hoc Group in
connection with the Debtors' chapter 11 cases. In addition, neither
the Ad Hoc Group nor any member of the Ad Hoc Group represents or
purports to represent any other entities in connection with these
cases.
The members of the Ad Hoc Group have indicated to Counsel that they
hold disclosable economic interests or act as investment managers
or advisors to funds and/or accounts that hold disclosable economic
interests in relation to the Debtors.
The Ad Hoc Group Members' address and the nature and amount of
disclosable economic interests held in relation to the Debtors
are:
1. Greywolf Capital Management LP
4 Manhattanville Road, Suite
201, Purchase, NY 10577
* DIP Obligations Outstanding ($8,289,506.91)
* Term Loans ($27,219,218.21)
2. Stellex Capital Management LLC
900 Third Avenue, 25th Floor,
New York, NY 10022
* DIP Obligations Outstanding ($18,776,393.33)
* Term Loans ($61,653,771.52)
3. Strategic Value Partners, LLC
100 West Putnam Avenue,
Greenwich, CT 06830
* DIP Obligations Outstanding ($64,937,368.54)
* Term Loans ($164,624,789.00)
* Revolving Loans ($50,000,000.00)
Counsel for the Ad Hoc Group:
Mark D. Collins, Esq.
Zachary I. Shapiro, Esq.
David T. Queroli, Esq.
Zachary J. Javorsky, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, DE 19801
Telephone: (302) 651-7700
Facsimile: (302) 651-7701
Email: collins@rlf.com
shapiro@rlf.com
queroli@rlf.com
javorsky@rlf.com
-and-
Evan R. Fleck, Esq.
Nelly Almeida, Esq.
C. Thomas St. Henry, Esq.
MILBANK LLP
55 Hudson Yards
New York, NY 10001-2163
Telephone: (212) 530-5000
Facsimile: (212) 530-5219
Email: efleck@milbank.com
nalmeida@milbank.com
csthenry@milbank.com
About Exactech Inc.
Exactech Inc. -- https://www.exac.com/ -- is a joint-replacement
implant manufacturer owned by TPG Capital.
Exactech Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 24-12441) on October 29, 2024. In the
petition filed by Donna H. Edwards, as general counsel and senior
vice president, the Debtor estimated assets and liabilities between
$100 million and $500 million each.
The Debtor is represented by:
Ryan M. Bartley, Esq.
Young Conaway Stargatt & Taylor, LLP
2320 NW 66th Court
Gainesville, FL 32653
EXACTECH INC: Postpones Chapter 11 Confirmation Plan Hearing
------------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that joint
implant manufacturer Exactech on Wednesday, May 28, 2025, postponed
its Chapter 11 plan confirmation hearing in Delaware, citing the
initiation of settlement talks to resolve a slew of objections in
the proceedings.
About Exactech, Inc.
Exactech Inc. -- https://www.exac.com/ -- is a joint-replacement
implant manufacturer owned by TPG Capital.
Exactech Inc. and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 24-12441) on Oct.
29, 2024. In the petition filed by Donna H. Edwards, as general
counsel and senior vice president, Exactech estimated assets and
liabilities between $100 million and $500 million each.
Young Conaway Stargatt & Taylor, LLP serves as as co-counsel to the
Debtors. Riveron Management Services, LLC, is the Debtors' chief
restructuring officer. Centerview Partners LLC is the investment
banker. Kroll Restructuring Administration LLC is the claims agent
and administrative advisor.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors. Brown Rudnick LLP is the Committee's
counsel.
FELTRIM TUSCANY: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
Feltrim Tuscany Preserve, LLC received final approval from the U.S.
Bankruptcy Court for the Middle District of Florida to use cash
collateral.
The final order authorized the company to use cash collateral to
pay the amounts expressly authorized by the court, including
monthly payments to the Subchapter V trustee; and expenses set
forth in its budget, plus an amount not to exceed 10% for each line
item.
The budget projects total operational expenses of $15,362.45 for
June; $15,534.95 for July; and $18,989.45 for August.
Feltrim believes its lenders including U.S. Bank Trust Co., N.A.,
Sandhill Crane Financial and Walley of Lake County, LLC hold liens
on rental income from its real property, which constitutes cash
collateral.
As protection, the lenders and any Feltrim creditor with a security
interest in cash collateral will have a perfected post-petition
lien on the cash collateral to the same extent and with the same
validity and priority as their pre-bankruptcy liens.
U.S. Bank Trust is represented by:
Paul A. Giordano, Esq.
Roetzel & Andress, LPA
2320 First Street
Suite 1000
Fort Myers, FL 33901
Telephone: 239.337.3850
Facsimile: 239.337.0970
pgiordano@ralaw.com
Serve.pgiordano@ralaw.com
About Feltrim Tuscany Preserve
Feltrim Tuscany Preserve, LLC, a company in Haines City, Fla.,
filed a petition under Chapter 11, Subchapter V of the Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-01693) on March 20, 2025. In
its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Catherine Peek Mcewen handles the case.
Amy Denton Mayer, Esq., at Stichter Riedel Blain & Postler, P.A. is
the Debtor's legal counsel.
FERADYNE OUTDOORS: Blue Owl Marks $76.7 Million 1L Loan at 17% Off
------------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $76,748, 000
loan extended to Feradyne Outdoors, LLC to market at $63,701,000 or
83% of the outstanding amount, according to OBDC's Form 10-Q for
the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Loan to
Feradyne Outdoors, LLC. The loan accrues interest at a rate of
3.04% per annum. The loan matures on May 2028.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About Feradyne Outdoors, LLC
Feradyne Outdoors, LLC manufactures outdoor sports goods. The
Company offers bow-hunting products including bows, arrows, trail
cameras, optics, blinds and other archery products. Feradyne
Outdoors serves customers in the United States.
FRANCHISE GROUP: Court Confirms Chapter 11 Plan to Cut Debt
-----------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that on May
28, 2025, a Delaware bankruptcy judge approved the Chapter 11 plan
of retail chain owner Franchise Group Inc., which will eliminate
$1.5 billion in debt from its balance sheet.
However, the judge declined to confirm the plan for the parent
company, citing a failure to meet the legal standard for
confirmation, the report states.
About Franchise Group Inc.
Franchise Group, Inc., through its subsidiaries, operates
franchised and franchisable businesses including The Vitamin
Shoppe, Pet Supplies Plus, LLC, Badcock Home Furniture & More,
American Freight, Buddy's Home Furnishings and Sylvan Learning
Systems, Inc.
Franchise Group, Inc. and its affiliates filed their voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
D. Del. Lead Case No. 24-12480) on Nov. 3, 2024, listing
$1,000,000,001 to $10 billion in both assets and liabilities. The
petitions were signed by David Orlofsky as chief restructuring
officer.
Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor,
LLP are serving as legal counsel, AlixPartners is serving as
financial advisor and Chief Restructuring Officer, and Ducera
Partners is serving as investment banker to the Company. Paul
Hastings LLP is serving as legal counsel and Lazard is serving as
investment banker to the first lien ad hoc group.
FREE SPEECH: Jones' $50MM Sandy Hook Verdict Appeal Gains Support
-----------------------------------------------------------------
Ryan Autullo of Bloomberg Law reports that Alex Jones, the
conspiracy theorist who questioned the Sandy Hook Elementary School
shooting, received a positive response from a Texas appeals court
on Wednesday, May 28, 2025, in his effort to reduce a $50 million
defamation verdict against him.
According to the report, during oral arguments in Austin, judges on
the Third Court of Appeals indicated that the jury should have been
explicitly asked whether damages awarded to the Sandy Hook parents
exceeded the $1.5 million statutory cap. Instead, the trial judge
allowed the parents' attorney to introduce a claim surpassing the
cap months after the trial -- a move Justice Chari Kelly suggested
was untimely.
"How would the trial have changed if the cap-buster claim had been
amended before trial?" Kelly asked Jones' lawyer, Ben Broocks of
Broocks Law Firm PLLC.
Broocks, who did not represent Jones at trial, said it was unclear
how that might have affected legal strategy.
Chief Justice Darlene Byrne noted that the parents, Neil Heslin and
Scarlett Lewis, failed to provide evidence that harassment caused
by Jones' conspiracy theories justified damages above the cap.
Byrne also mentioned that Jones might have cooperated more with
discovery had he known about the possibility of higher damages.
Instead, the trial court found Jones violated discovery orders and
imposed a default judgment, a severe "death penalty" sanction.
Jones, who remained silent during the 40-minute hearing, declined
to comment outside court except to say he cannot afford the $50
million verdict or the related $1.4 billion Connecticut verdict, as
his net worth has never exceeded $10 million. These verdicts led to
his 2022 bankruptcy filing, according to Bloomberg Law.
Outside court, the parents' attorney Mark Bankston mocked Jones but
noted that the appeals court decision was "pretty worthless"
because the parents will still receive a share of the Connecticut
judgment, which was recently upheld by that state's supreme court,
while Jones likely has no assets to pay either verdict.
Before arguments, Chief Justice Byrne informed attorneys the court
would not rule on Bankston's recent motion for sanctions, calling
the request "unique and concerning." Bankston reminded the court it
had sanctioned Jones in 2020 in the same case, the report states.
Bankston cautioned against overturning the trial court's default
judgment based on Jones' failure to produce discovery documents,
warning that doing so would suggest "compliance with the rules is
conditional" on the size of the damages.
The court seemed unlikely to overturn the default ruling related to
Jones' discovery violations. Broocks argued that while the trial
court can impose sanctions, Jones' First Amendment rights protect
him from a default judgment, the report relays.
Justice Byrne challenged this, asking, "Are you saying the trial
court has no recourse even when a defendant openly defies its
orders?"
Case: Jones v. Heslin, Tex. App., 3d Dist., No. 03-23-00209-cv,
5/28/25.
About Free Speech Systems
Free Speech Systems LLC is a broadcast media production and
distribution company that provides broadcasting aural programs by
radio to the public. Free Speech Systems is a family-run business
founded by Alex Jones.
FSS is presently engaged in the business of producing and
syndicating Jones' radio and video talk shows and selling products
targeted to Jones' loyal fan base via the Internet. Today, FSS
produces Alex Jones' syndicated news/talk show (The Alex Jones
Show) from Austin, Texas, which airs via the Genesis Communications
Network on over 100 radio stations across the United States and via
the internet through websites including Infowars.com.
Due to the content of Alex Jones' shows, Jones and FSS have faced
an all-out ban of Infowars from mainstream online spaces. Shunning
from financial institutions and banning Jones and FSS from major
tech companies began in 2018.
Conspiracy theorist Alex Jones has been sued by victims' family
members over Jones' lies that the 2012 Sandy Hook Elementary School
shooting was a hoax.
Jones' InfoW LLC and affiliates, IWHealth, LLC and Prison Planet
TV, LLC, filed petitions under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 22-60020) on April
18, 2022.
FROM START 2 FLIP: Seeks Chapter 11 Bankruptcy in Illinois
----------------------------------------------------------
On May 28, 2025, From Start 2 Flip Chicago 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 $100,000 and $500,000 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About From Start 2 Flip Chicago LLC
From Start 2 Flip Chicago LLC is a real estate investment company.
From Start 2 Flip Chicago LLCsought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08079) on
May 28, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $100,000 and $500,000.
Honorable Bankruptcy Judge Donald R Cassling handles the case.
FULLER'S SERVICE: Gets Extension to Access Cash Collateral
----------------------------------------------------------
Fuller's Service Center, Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
cash collateral.
The third interim order authorized the company to use its secured
creditors' cash collateral from June 1 to August 31 to pay its
expenses as set forth in the budget, with a 10% variance allowed.
It also authorized the company to obtain a limited secured
financing from Heartland Bank & Trust Company.
Aside from Heartland Bank & Trust Company, the other secured
creditors that assert an interest in the cash collateral are the
U.S. Small Business Administration and Heartland and Carroll's,
LLC, doing business as National Tire Wholesale.
As protection, the secured creditors will be granted security
interests in the company's post-petition assets.
In addition, Heartland Bank & Trust Company will be granted a
"super-priority" claim over all other liens and claims for unpaid
post-petition funds advanced. It will receive repayment first
before other creditors, including administrative claimants.
A final hearing is set for August 20.
Heartland Bank & Trust Company is represented by:
Michael A. O'Brien, Esq.
O'Brien Law Offices, P.C.
124A S. County Farm Rd.
Wheaton, IL 60187
Phone: 630-871-9400
mobrien@obrienlawoffices.com
service@obrienlawoffices.com
About Fuller's Service Center Inc.
Fuller's Service Center, Inc. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-01345) on
January 29, 2025, listing up to $1 million in assets and up to $10
million in liabilities. Douglas A. Fuller Jr., president of
Fuller's Service Center, signed the petition.
Judge Deborah L. Thorne oversees the case.
David K. Welch, Esq., at Burke, Warren, MacKay & Serritella, P.C.,
is the Debtor's legal counsel.
GEORGIA VASCULAR: Hearing to Use Cash Collateral Set for June 4
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Atlanta Division is set to hold a hearing on June 4 to consider
another extension of Georgia Vascular Specialists P.C.'s authority
to use cash collateral.
The court's previous orders authorized Georgia Vascular
Specialists' interim use of cash collateral from May 16 through the
date of the final hearing.
During the interim period, Georgia Vascular Specialists was
authorized to use cash collateral to make payments, including
payroll and payroll-related taxes; medical malpractice insurance
policy with The Doctors' Company; and the pre-bankruptcy claim of
its nurse anesthetist.
As protection, secured lenders including J.P. Morgan Chase Bank,
Huntington National Bank and the U.S. Small Business Administration
were granted valid liens on all property acquired by Georgia
Vascular Specialists after the petition date that is similar to its
pre-bankruptcy collateral.
About Georgia Vascular Specialists P.C.
Georgia Vascular Specialists P.C. provides vascular medicine and
surgical services, including minimally invasive and traditional
procedures for arterial, venous, and lymphatic conditions. The
practice operates an accredited vascular ultrasound lab, ambulatory
wound care services, and vein treatments, and offers inpatient care
at Piedmont Hospital and Atlanta Medical Center. Founded in 1989,
the company is based in Georgia.
Georgia Vascular Specialists P.C. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55352) on May
13, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and liabilities.
The Debtors are represented by Benjamin Keck, Esq., at Keck Legal,
LLC.
GLORY BOUND: Seeks to Tap HallerColvin PC as Bankruptcy Counsel
---------------------------------------------------------------
Glory Bound Day Care Ministries, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Indiana to hire
HallerColvin PC to handle its Chapter 11 case.
The Debtor will employ the firm under a general retainer.
The firm and its attorneys represent no interest adverse to the
Debtor or the estate.
The firm can be reached through:
Daniel J. Skekloff, Esq.
Scot T. Skekloff, Esq.
Martin E. Seifert, Esq.
HallerColvin PC
444 East Main Street
Fort Wayne, IN 46802
Telephone: (260) 426-0444
Facsimile: (260) 422-0274
Email: dskekloff@hallercolvin.com
sskekloff@hallercolvin.com
mseifert@hallercolvin.com
About Glory Bound Day Care Ministries, Inc.
Glory Bound Day Care Ministries, Inc. sought protection for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ind. Case No.
25-30734) on May 13, 2025, listing up to $50,000 in assets and
$100,001 to $500,000 in liabilities.
Scot T. Skekloff, Esq. at Haller & Colvin, PC represents the Debtor
as counsel.
GOLD PACKAGE: Seeks Subchapter V Bankruptcy in Texas
----------------------------------------------------
On May 27, 2025, Gold Package LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Northern District of Texas.
According to court filing, the Debtor reports between $100,000
and $500,000 in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Gold Package LLC
Gold Package LLC, operating as "The Lounge Here," is a restaurant
or lounge establishment located in Dallas, Texas.
Gold Package LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Tex. N.D. Tex. Case No.
25-41877) on May 27, 2025. In its petition, the Debtor
reports estimated assets up to $50,000 and estimated liabilities
between $100,000 and $500,000.
Honorable Bankruptcy Judge Edward L. Morris handles the case.
The Debtors are represented by Robert Thomas DeMarco, Esq.
HARLING INC: Court Extends Cash Collateral Access to June 4
-----------------------------------------------------------
Harling, Inc. received another extension from the U.S. Bankruptcy
Court for the Northern District of Illinois, Eastern Division, to
use cash collateral.
The order penned by Judge Jacqueline Cox authorized the interim use
of cash collateral retroactive to the date of filing the company's
Chapter 11 case through June 4.
As protection from any diminution in the value of its collateral,
Byline Bank was granted a first-priority lien on post-petition
property of the company, including all proceeds and products
thereof, to the same extent and with the same priority as its
pre-bankruptcy lien.
A further hearing on cash collateral use is scheduled for June 3.
Byline Bank is represented by:
Martin J. Wasserman, Esq.
Carlson Dash, LLC
216 S. Jefferson St., Suite 303
Chicago, IL 60661
Phone: 312-382-1600
mwasserman@carlsondash.com
About Harling Inc.
Harling Inc. specializes in masonry facade repair, restoration, and
building waterproofing services for commercial, industrial, and
institutional buildings. It is based in Broadview, Ill.
Harling sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-04324) on March 1,
2025. In its petition, the Debtor reported between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Judge Jacqueline P. Cox handles the case.
Joel Schechter, Esq., at the Law Offices of Joel A. Schechter is
the Debtor's legal counsel.
HB CAPITAL: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: HB Capital Partners LLC
754-756 Linden Blvd
Brooklyn NY 11203
Case No.: 25-42593
Business Description: HB Capital Partners LLC operates in the real
estate services sector, engaged in property
management, real estate appraisal, or other
related support activities.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Judge: Hon. Elizabeth S Stong
Debtor's Counsel: Robert M. Marx, Esq.
ROBERT M. MARX, ATTORNEY AT LAW
1019 Fort Salonga Road, Suite 10-134
Northport, NY 11768
Tel: 917-375-1909
Email: robertmarx@rmmarxlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Herman Brothers as authorized
signatory.
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/OQZVW3Q/HB_Capital_Partners_LLC__nyebke-25-42593__0001.0.pdf?mcid=tGE4TAMA
HIGHLAND CAPITAL: Wants to Halt Order Allowing CEO Bankruptcy Suit
------------------------------------------------------------------
James Nani of Bloomberg Law reports that Highland Capital
Management LP has asked the U.S. Supreme Court to temporarily block
a Fifth Circuit Court of Appeals ruling that allows its former CEO
to pursue bankruptcy-related claims against the firm.
In an emergency filing submitted Wednesday, May 28, 2025, Highland
contends that pausing the mandate—scheduled to take effect on May
30—would enable it to challenge the appellate court's decision
regarding a bankruptcy court's authority to act as a gatekeeper by
dismissing certain lawsuits.
About Highland Capital Management
Highland Capital Management, LP was founded by James Dondero and
Mark Okada in Dallas in 1993. Highland Capital is the world's
largest non-bank buyer of leveraged loans in 2007. It also manages
collateralized loan obligations. In March 2007, it raised $1
billion to buy distressed loans. Collateralized loan obligations
are created by bundling together loans and repackaging them into
new securities.
Highland Capital Management sought Chapter 11 protection (Bank. D.
Del. Case No. 19-12239) on Oct. 16, 2019. On Dec. 4, 2019, the case
was transferred to the U.S. Bankruptcy Court for the Northern
District of Texas and was assigned a new case number (Bank. N.D.
Tex. Case No. 19-34054). Judge Stacey G. Jernigan is the case
judge.
At the time of the filing, Highland had between $100 million and
$500 million in both assets and liabilities.
The Debtor tapped Pachulski Stang Ziehl & Jones LLP as bankruptcy
counsel, Foley & Lardner LLP as special Texas counsel, and Teneo
Capital, LLC as litigation advisor. Kurtzman Carson Consultants,
LLC, is the claims and noticing agent.
The U.S. Trustee for Region 6 appointed a committee of unsecured
creditors on Oct. 29, 2019. The committee tapped Sidley Austin LLP
and Young Conaway Stargatt & Taylor LLP as bankruptcy counsel, and
FTI Consulting, Inc. as financial advisor.
HOODSTOCK RANCH: Seeks Cash Collateral Access
---------------------------------------------
Hoodstock Ranch, LLC asked the U.S. Bankruptcy Court for the
Eastern District of Washington for authority to use any future cash
collateral related to its real property located at 267 86th Rd.,
Troutlake, Wash.
Currently, the property is not generating income or cash collateral
but the Debtor anticipates potential future income from sale,
refinancing, leasing, or litigation settlements.
Since the secured creditors, L&M Recreation, LLC and Toothacres,
LLC, have not consented, the Debtor is providing a 14-day notice
for any objections. If no objections are filed, the court may
approve the motion without a hearing. If objections arise, a final
hearing will be scheduled.
The Debtor intends to use any future cash collateral solely for
preserving and administering the bankruptcy estate, with
appropriate notice and budgeting, and agrees to file further
motions or stipulations if an agreement with creditors is not
reached before use.
About Hoodstock Ranch
Hoodstock Ranch, LLC, a company in White Salmon, Wash., filed
Chapter 11 petition (Bankr. E.D. Wash. Case No. 25-00388 on March
5, 2025. In its petition, the Debtor reported total assets of $3.2
million and total liabilities of $3.092 million.
Judge Whitman L. Holt handles the case.
The Debtor is represented by Patrick D. McBurney, Jr., Esq. at
McBurneyLaw, PLLC.
HORSEY DENISON: Taps Witherspoon Group as Financial Advisor
-----------------------------------------------------------
Horsey Denison Landscaping LLC seeks approval from the U.S.
Bankruptcy Court for the District of Maryland to hire The
Witherspoon Group as financial advisor.
The firm will render these services:
(a) prepare and/or review financial analysis on unsecured
creditor claims, administrative claims (503(b)(9), reclamation,
etc.), priority tax claims, and any pre and post-petition analysis
of the Debtors' finances;
(b) review and evaluation of the Debtors' accounting records
for the purpose of financial projections necessary for any plan of
reorganization and consultation with the Debtors and their
professionals, as appropriate, concerning the findings and results
(including testimony);
(c) access and analyze the Debtors' projected operations;
(d) gain an understanding of the Debtors' business and
accounting practices, including interfacing with the Debtors'
financial representative;
(e) analyze and review key motions, including, as applicable,
any motions to use cash collateral, obtain debtor-in-possession
financing, and sale of the Debtors, and to identify strategic
financial issues in the Debtors' bankruptcy case;
(f) provide forensic accounting services to evaluate the
existence of any avoidance actions;
(g) monitor the Debtors' monthly operating reports;
(h) communicate findings and make recommendations to the
Debtor;
(i) review the nature and origin of other significant claims
asserted against the Debtor;
(j) rendering such assistance as the Debtors and its counsel
may deem necessary;
(k) advise the Debtors on enterprise valuation in the context
of any plan of reorganization proposed by the Debtors or any other
party; and
(l) provide expert testimony, as needed, on the work and
analysis provided in support of the Debtors' proposed Plan of
Reorganization, the Committee's Plan of Reorganization; and serve
as a liaison between the Debtors and their other advisors
(including legal counsel, the Committee and accounting
professionals) to provide information in a timely manner.
Witherspoon's services will be billed at hourly rates that
presently range from $185 to $485 per hour.
The Witherspoon Group is a "disinterested person" as that term is
defined under 11 U.S.C. Sec. 327 and Sec. 101(14).
The firm can be reached through:
David W. Carr, CPA
The Witherspoon Group
1204 Boyce Avenue
Towson, MD 21204
Tel: (443) 603-2700
dcarr@thewitherspoongroup.com
About Horsey Denison Landscaping LLC
Horsey Denison Landscaping LLC is a landscaping company based in
Fort Washington, Maryland. It provides design and build services
such as landscape installation, hardscaping, low-voltage lighting,
and irrigation. Horsey Denison fully owns Denison Farms LLC, also
formed in 2021, and Denison Landscaping Inc., a corporation
established in 1990. The Company is affiliated with Horsey Denison
Properties LLC, a Delaware-based entity co-owned equally by Robert
E. Horsey and David W. Horsey.
Horsey Denison Landscaping LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Md. Case No.25-14103) on May 6,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Paul Sweeney, Esq. at YVS LAW, LLC.
HUDSON PACIFIC: S&P Downgrades ICR to 'B', Outlook Negative
-----------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Hudson
Pacific Properties Inc. (HPP) to 'B' from 'BB-'. The outlook is
negative.
S&P said, "We also lowered our issue-level rating on the company's
senior unsecured notes with no subsidiary guarantees to 'B' from
'BB-'.
"We revised the recovery rating on the debt to '4' from '3'.
Additionally, we lowered our issue-level rating on the company's
preferred stock to 'CCC' from 'B-'.
"The negative outlook reflects our expectation for Hudson Pacific's
portfolio to continue to be challenged, resulting in credit
protection measures remaining under pressure. In our view, this
could lead to liquidity pressure and refinancing challenges over
the near term. We forecast S&P Global Ratings-adjusted debt to
EBITDA will remain around 13x in 2025 before declining to around
12x in 2026.
"We expect HPP's leverage to remain elevated over the near term due
to pressured operating performance and a weakened macroeconomic
backdrop. As of March 31, 2025, the company's S&P Global
Ratings-adjusted debt to EBITDA was 13.0x, an increase from 10.0x a
year prior. Similarly, S&P Global Ratings-adjusted fixed-charge
coverage (FCC) declined to 1.5x from 1.8x over the same time frame.
The company's EBITDA has declined as operating performance within
its office and studio segments has remained weak amid secular
headwinds and evolving industry dynamics. At the same time,
interest rates remain elevated amid macroeconomic uncertainty,
which has limited transaction activity and pressured fixed-charge
coverage. We expect S&P Global Ratings-adjusted debt to EBITDA will
remain in the 13x area through year-end 2025 before declining to
the 12x area in 2026, which assumes office occupancy begins to
improve in the second half of 2025 and studio production ramps up
slightly. At the same time, we expect S&P Global Ratings-adjusted
FCC to remain in the mid to high-1x area over the next two years.
"We believe HPP has elevated refinancing risk relative to peers.
Subsequent to the end of first quarter 2025, HPP utilized its
revolving credit facility availability and tendered for the
repayment of its series B, C, and D private placement notes for a
total of $465 million. The company's $775 million revolving credit
facility matures on Dec. 21, 2025, but it has two six-month
extension options at the company's option. While we expect it to be
recast, the ultimate terms for the facility could further affect
our view of liquidity and recovery should the company need to
secure the revolver. At the same time, this could pressure covenant
cushion and limit flexibility in adding secured debt for future
refinancings.
"Similarly, HPP has a shorter weighted-average debt maturity
profile, which leads us to view its capital structure negatively.
We typically view companies with short debt maturity ladders (less
than three years for real estate entities) as facing greater
refinancing risk than their peers with longer weighted-average debt
maturities. Excluding extension options, the company's
weighted-average maturity of debt remains below three years, and we
apply a negative capital structure modifier score to account for
the near-term maturity schedule.
"HPP's portfolio remains under pressure amid ongoing office and
studio headwinds. As of March 31, 2025, the company's same-property
office portfolio was 75.1% occupied and 76.5% leased, compared to
79.0% and 80.5%, respectively, a year prior. Similarly, its
same-property studio portfolio was 73.8% leased, compared to 76.9%
a year prior. HPP has faced significant lease expirations over the
past few years, which has led to large declines in occupancy given
challenging West Coast office market fundamentals, including low
retention rates. As of March 31, 2025, HPP's office lease
expirations represented 9.3% of annualized base rent (ABR)
remaining in 2025, 9.9% in 2026, and 13.3% in 2027. On a positive
front, the company started 2025 with a strong quarter of leasing,
executing on 62 new and renewal leases totaling 630,295 square
feet. If HPP is able to continue its strong recent cadence of
leasing activity amid upcoming lease expirations, we think it may
be able to strengthen occupancy modestly in the second half of the
year.
"In the first quarter, same-property net operating income (NOI)
decreased 9.9% on a cash basis, primarily due to lower office
occupancy. The company's weakened studio business performance has
also pressured operating performance and NOI amid strikes and labor
negotiations. Although a majority of issues have been resolved,
industry dynamics remain uncertain and production activity
continues to be significantly below peak levels. While we expect
production activity will increase over the next year or two, the
timing and visibility into improving studio performance is also
uncertain. As a result of the headwinds, we have revised our
business risk assessment on HPP to weak from fair.
"The negative outlook reflects our expectation for HPP's portfolio
to continue to be challenged, resulting in credit protection
measures remaining under pressure. In our view, this could lead to
liquidity pressure and refinancing challenges over the near term.
We forecast S&P Global Ratings-adjusted debt to EBITDA will remain
around 13x in 2025 before declining to around 12x in 2026."
S&P could lower its ratings on the company by one or more notches
if:
-- The company is unable to successfully refinance its upcoming
debt maturities, including its revolving credit facility,
heightening liquidity and capital structure concerns;
-- The company's operating performance deteriorates beyond our
current projections, with occupancy failing to improve from current
levels, or a potential increase in cash flow volatility caused by
pressure in the studio business; or
-- S&P Global Ratings-adjusted debt to EBITDA rises to and is
sustained above 13x or FCC deteriorates below 1.5x over the next 12
to 24 months.
S&P could also lower the issue-level ratings on HPP's unsecured
notes with no subsidiary guarantees if our estimate of recovery
prospects for bondholders decreases below 30%, likely because the
company refinances maturities with a higher proportion of secured
debt.
S&P could revise the outlook to stable on HPP if:
-- HPP successfully refinances upcoming maturities, easing
liquidity concerns;
-- The company maintains a strong leasing cadence and effectively
manages upcoming lease expirations while improving occupancy; or
-- Credit protection measures are strengthened such that S&P
Global Ratings-adjusted debt to EBITDA is sustained at or below
11x, with FCC sustained at or above 1.7x.
ICEY-TEK USA: Hires Taylor Real Estate as Auctioneer Agent
----------------------------------------------------------
Icey-Tek USA LLC seeks approval from the U.S. Bankruptcy Court for
the Western District of Tennessee to employ Taylor Real Estate &
Auction, Inc. as auctioneer agent.
The firm will engage in sales of miscellaneous furniture, fixtures,
equipment and other items rendered burdensome to the estate from
the recent move of the Debtor's operations via an online auction.
The firm will be paid at these rates:
Buyer's Premium 10 percent of sales price
(paid by buyer)
Labor $800 (paid by seller)
Online Fees $325 (paid by seller)
Advertising $280 (paid by seller)
Taylor Real Estate & Auction is a "disinterested person" within the
meaning of 11 U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Thomas Chad Taylor
Taylor Real Estate & Auction, Inc.
20300 Wast Main St.
Huntingdon, TN 38344
Tel: (866) 986-8578
About Icey-Tek USA LLC
Icey-Tek USA, LLC, a company in Dresden, Tenn., sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D.
Tenn. Case No. 24-11470) on November 2, 2024, with $500,000 to $1
million in assets and $1 million to $10 million in liabilities.
Patrick Mudge, president of Icey-Tek USA, signed the petition.
Judge Jimmy L. Croom handles the case.
The Debtor is represented by Steven N. Douglass, Esq., at Harris
Shelton, PLLC.
J AND A 5TH AVE: Seeks Chapter 11 Bankruptcy in New Jersey
----------------------------------------------------------
On May 27, 2025, J and A 5th Ave LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the District of New Jersey.
According to court filing, the Debtor reports between $100,000
and $500,000 in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About J and A 5th Ave LLC
J and A 5th Ave LLC is a single asset real estate company that owns
property at 42 Linn Road in Nutley, New Jersey.
J and A 5th Ave LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-15537) on May 27, 2025.
In its petition, the Debtor reports estimated assets up to $50,000
and estimated liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Stacey L. Meisel handles the case.
J.C.C.M. PROPERTIES: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------------
J.C.C.M. Properties, Inc. got the green light from the U.S.
Bankruptcy Court for the Northern District of Georgia, Atlanta
Division, to use cash collateral.
The order penned by Judge Paul Baisier authorized the Debtor's
interim use of cash collateral for the period from May 29 to June 4
to pay the expenses set forth in its budget.
First Bank and Paragon Bank, the Debtor's lenders, may assert
security interests in the Debtor's assets, including revenue from
its real property. This revenue may constitute cash collateral.
As of the petition date, First Bank and Paragon Bank are owed
$3,759,180 and $1,200,000, respectively.
As protection for the use of their cash collateral, both lenders
will be granted a valid lien on all property acquired by the Debtor
after the petition date that is similar to their pre-bankruptcy
collateral.
A final hearing is set for June 4.
The Debtor filed its bankruptcy case on May 14 after it was hit
with a $44.87 million default judgment related to a lawsuit
stemming from a car accident on one of its properties.
The Debtor owns multiple real estate properties generating income
and has existing secured loans with First Bank and Paragon Bank
totaling over $4.9 million.
About J.C.C.M. Properties Inc.
J.C.C.M. Properties Inc. leases real estate, with its main assets
situated at 1585 Crater Lake in Kennesaw, Georgia.
J.C.C.M. Properties sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55412) on May 14,
2025. In its petition, the Debtor reported estimated liabilities
between $1 million and $10 million and estimated liabilities
between $50 million to $100 million.
The Debtor is represented by Will Geer, Esq., at Rountree Leitman
Klein & Geer, LLC.
JERK PIT: Case Summary & 18 Unsecured Creditors
-----------------------------------------------
Debtor: The Jerk Pit, LLC
9078 Baltimore Avenue
College Park MD 20740
Case No.: 25-00201
Business Description: The Jerk Pit, LLC operates a Jamaican
restaurant in College Park, Maryland,
offering dine-in and take-out service.
Founded by Lisa Nash in 2005, the business
expanded with a second location in
Washington, DC, in 2024. Both
establishments are wholly owned by Nash
through separate entities: The Jerk Pit LLC
and Lime Cay, Inc.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
District of Columbia
Judge: Hon. Elizabeth L Gunn
Debtor's Counsel: Lisa Laukitis, Esq.
MILBANK LLP
55 Hudson Yards
New York NY 10001
Tel: 212-530-5000
Email: llaukitis@milbank.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Lisa Waddell Nash as president.
A full-text copy of the petition, which includes a list of the
Debtor's 18 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GS5QIDY/The_Jerk_Pit_LLC__dcbke-25-00201__0001.0.pdf?mcid=tGE4TAMA
JERK PIT: Seeks Subchapter V Bankruptcy in D.C.
-----------------------------------------------
On May 28, 2025, The Jerk Pit LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the District of Columbia. 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 The Jerk Pit LLC
The Jerk Pit LLC is a Caribbean restaurant business operating in
College Park, Maryland.
The Jerk Pit LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.C. Case No. 25-00201) on
May 28, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Elizabeth L. Gunn handles the case.
The Debtors are represented by John Gordon Colan, Jr, Esq. at
Sinoberg Raft.
JMKA LLC: Court Extends Cash Collateral Access to June 27
---------------------------------------------------------
JMKA, LLC received sixth interim approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to use the cash
collateral of its secured lenders until June 27.
The lenders include the U.S. Small Business Administration,
BayFirst National Bank, Funding Circle, Transportation Alliance
Bank, Ameris Bank, Cashfloit LLC, and Funders App, LLC. These
lenders assert security interests in all assets of the company,
including cash, bank deposits and accounts receivable, which
constitute their cash collateral.
The sixth interim order, signed by Judge David Cleary, authorized
the use of cash collateral to pay the expenses set forth in the
company's budget, with a 5% variance allowed.
JMKA was ordered to provide the secured lenders with protection in
the form of replacement liens on its assets to the same extent and
with the same priority and validity as their pre-bankruptcy liens.
In addition, the company was ordered to pay $439 to SBA, $1,000 to
BayFirst, $500 to Funding Circle, $500 to Transportation Alliance
Bank, $800 to Ameris Bank, $3,000 to Cashfloit, and $2,000 to
Funders App.
The next hearing is set for June 25.
About JMKA LLC
JMKA, LLC is a boutique childcare center in downtown Elmhurst, Ill.
It operates as Elmhurst Premier Childcare.
JMKA filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
25-00036) on January 3, 2025, with up to $50,000 in assets and up
to $10 million in liabilities.
Judge David D. Cleary oversees the case.
Ben L. Schneider, Esq., at The Law Offices of Schneider & Stone is
the Debtor's bankruptcy counsel.
Ameris Bank, as secured lender, is represented by:
Jillian S. Cole, Esq.
Taft Stettinius & Hollister, LLP
111 E. Wacker Drive, Suite 2600
Chicago, IL 60601
(312) 836-4019
jcole@taftlaw.com
Cashfloit LLC, as secured lender, is represented by:
Fred S. Kantrow, Esq.
The Kantrow Law Group, PLLC
732 Smithtown Bypass, Suite 101
Smithtown, NY 11787
(516)703-3672
fkantrow@thekantrowlawgroup.com
JPK NEWCO: Seeks Subchapter V Bankruptcy in D.C.
------------------------------------------------
On May 27, 2025, JPK Newco LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the District of Columbia. According to
court filing, the Debtor reports $55,172 in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
About JPK Newco LLC
JPK Newco LLC is a real estate investment and lending company that
holds junior liens on properties in Washington, D.C. Its assets
include subordinate interests in real estate valued at over $3
million and a minority stake in an energy company. The firm
operates in the private real estate financing sector, specializing
in secured lending and investment holdings.
JPK Newco LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.C. Case No. 25-00200) on May 27,
2025. In its petition, the Debtor reports total assets of
$3,111,937 and total liabilities of $55,172.
Honorable Bankruptcy Judge Elizabeth L. Gunn handles the case.
The Debtors are represented by Jeffrey M. Orenstein, Esq. at WOLFF
& ORENSTEIN LLC.
JTRE 14 VESEY: Taps Phillips Nizer as Special Real Estate Counsel
-----------------------------------------------------------------
JTRE 14 Vesey LLC seeks approval from the Bankruptcy Court for the
District of New Jersey to hire Phillips Nizer LLP as special real
estate counsel.
The firm will perform real estate related services in connection
with the sale of 27 West 7nd Street, Unit COM-A, NY, NY 10023 and
14 Vesey St. NY., NY 10007.
Phillip lawyers and professionals who will work on the Debtors'
cases and their hourly rates are:
Partners $495 to $985
Counsel $575 to $725
Associates $425 to $545
Paralegals $215 to $530
Marc A. Landis, managing partner of Phillips Nizer LLP, assured the
Court that the firm does not represent any interest adverse to the
Debtors and their estates.
Phillips may be reached at:
Marc A. Landis, Esq.
Phillips Nizer LLP
485 Lexington Avenue
New York, N.Y. 10017
Tel.: (212) 841-0705
Fax.: (212) 262-5152
E-mail: mlandis@phillipsnizer.com
About JTRE 14 Vesey LLC
JTRE 14 Vesey LLC owns, in fee simple, the real property at located
at 14 Vesey Street, New York, New York 10007.
The Debtor filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. D.N.J. Case No. 24-12087) on Feb.
28, 2024, listing $10 million to $50 million in both assets and
liabilities. The petition was signed by David Goldwasser, VP of
Restructuring.
Eric Horn, Esq., at A.Y. Strauss LLC, represents the Debtor as
legal counsel.
KENBENCO INC: Gets Final OK to Use Cash Collateral
--------------------------------------------------
Kenbenco, Inc. and its affiliates received final approval from the
U.S. Bankruptcy Court for the Southern District of New York,
Poughkeepsie Division to use cash collateral.
The final order authorized the companies to use the cash collateral
of secured creditors, U.S. Small Business Administration and Newtek
Small Business Finance, LLC, in accordance with their budget.
To protect secured creditors, the court granted them continuing
rollover liens and security interests in the companies' assets with
the same priority and validity as their pre-bankruptcy liens.
The companies must also make payments to Newtek pursuant to the
terms of their previous stipulation.
About Kenbenco Inc.
Kenbenco, Inc. is a structural and miscellaneous fabrication
company in Saugerties, N.Y. It conducts business under the name
Benson Steel Fabricators.
Kenbenco and its affiliates, JJ Ben Corporation and Ben Mur, Inc.,
filed voluntary Chapter 11 petitions (Bankr. S.D.N.Y. Lead Case No.
24-35470) on May 10, 2024. At the time of the filing, Kenbenco
reported between $500,001 and $1 million in assets and between $1
million and $10 million in liabilities.
Judge Kyu Young Paek oversees the cases.
The Debtor is represented by Michelle L. Trier, Esq., at Genova,
Malin & Trier, LLP.
Newtek Small Business Finance, LLC, as secured creditor is
represented by:
Tae Hyun Whang, Esq.
Law Offices of Tae H. Whang, LLC
185 Bridge Plaza North, Suite 201
Fort Lee, NJ 07024
(201) 461-0300
KUBOTA OF KNOXVILLE: Seeks Chapter 11 Bankruptcy in Tennessee
-------------------------------------------------------------
On May 27, 2025, Kubota of Knoxville LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
Tennessee. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 50 and 99 creditors.
The petition states funds will be available to unsecured
creditors.
About Kubota of Knoxville LLC
Kubota of Knoxville LLC is a certified Kubota equipment dealership
based in Knoxville, Tennessee. The Company offers tractors, mowers,
utility vehicles, and farming implements, along with maintenance
and parts services. Founded in 2011, it serves customers across
East Tennessee.
Kubota of Knoxville LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-31018) on May 27,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
The Debtors are represented by Lynn Tarpy, Esq. at TARPY, COX,
FLEISHMAN & LEVEILLE, PLLC.
LAKESHORE TERRACE: Seeks to Hire Darby Law as Bankruptcy Counsel
----------------------------------------------------------------
Lakeshore Terrace Association seeks approval from the U.S.
Bankruptcy Court for the District of Nevada to hire Darby Law
Practice, Ltd. as counsel.
The firm will render these services:
(a) advise the Debtor of its rights, powers and duties in the
continued operation of business and management of its properties;
(b) take all necessary action to protect and preserve the
Debtor's estate;
(c) prepare on behalf of the Debtor all necessary legal papers
in connection with the administration of its estate;
(d) attend meetings and negotiations with the Subchapter 5
trustee, representatives of creditors, equity holders or
prospective investors or acquirers and other parties in interest;
(e) appear before the court, any appellate courts and the
Office of the United States Trustee to protect the interests of the
Debtor;
(f) pursue approval of confirmation of a plan of
reorganization and approval of the corresponding solicitation
procedures and disclosure statement; and
(g) perform all other necessary legal services in connection
with the Chapter 11 case.
Kevin Darby, Esq., the primary attorney in this representation,
will be billed at his hourly rate of $550.
Darby Law Practice received a retainer fee in the amount of
$25,000.
Mr. Darby disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Kevin A. Darby, Esq.
Darby Law Practice, Ltd.
499 W. Plumb Lane, Suite 202
Reno, NV 89509
Telephone: (775) 322-1237
Facsimile: (775) 996-7290
Email: kevin@darbylawpractice.com
About Lakeshore Terrace Association
Lakeshore Terrace Association is a homeowners' association for a
condominium community located at 501 Lakeshore Boulevard in Incline
Village, Nevada. Established in 1970, the association oversees
property management and community affairs near Lake Tahoe.
Lakeshore Terrace Association sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 25-50422) on May 8,
2025. In its petition, the Debtor reports total assets of
$1,072,688 and total liabilities of $2,710,568.
Honorable Bankruptcy Judge Hilary L. Barnes handles the case.
The Debtors are represented by Kevin A. Darby, Esq. at DARBY LAW.
LAZARUS INDUSTRIES: Hearing to Use Cash Collateral Set for June 2
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Western District of New York is
set to hold a final hearing on June 2 to consider Lazarus
Industries, LLC's bid to use cash collateral.
The company's authority to use cash collateral pursuant to the
court's May 20 order expires on June 2.
The May 20 order granted Tompkins Community Bank and other secured
creditors "rollover" replacement liens on post-petition cash,
accounts receivable, bank accounts and other assets, with the same
validity, extent and priority as their pre-bankruptcy liens.
About Lazarus Industries
Lazarus Industries, LLC is a construction, fabrication, and
manufacturing company based in Buffalo, N.Y.
Lazarus Industries sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. N.Y. Case No. 25-10417) on April 16,
2025, listing up to $1 million in assets and up to $10 million in
liabilities. Frank Lazarus, managing member of Lazarus Industries,
signed the petition.
Judge Carl L. Bucki oversees the case.
Frederick J. Gawronski, Esq., at Colligan Law, LLP, represents the
Debtor as legal counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
LEVY VENTURES: Lender Seeks to Prohibit Cash Collateral Access
--------------------------------------------------------------
U.S. Bank Trust National Association, acting solely as trustee for
the Fidelity & Guaranty Life Mortgage Trust 2018-1, asked the U.S.
Bankruptcy Court for the Southern District of New York to prohibit
Levy Ventures, LLC from using cash collateral and to require the
Debtor to begin adequate protection payments related to specific
real properties.
The Lender argued that the Debtor is bound by promissory notes and
corresponding Deeds of Trust that secure loans with the subject
properties, which include provisions assigning rental income to the
Creditor. The loans are serviced by Fay Loan Servicing, LLC, which
is in the process of filing formal proofs of claim and potential
motions for relief from the automatic stay.
U.S. Bank pointed out that the Debtor filed for Chapter 11
bankruptcy on March 5, 2025, but has neither submitted a plan of
reorganization nor requested court authorization to use cash
collateral, as required by 11 U.S.C. section 363. The Lender
emphasized that it holds a valid security interest in both the
properties and any rental income they may generate, which qualifies
as cash collateral under the Bankruptcy Code. Since the Debtor has
not obtained permission to use this income, any such use would
violate bankruptcy law and could warrant dismissal or conversion of
the case.
Furthermore, the Lender objected to any use of its collateral
without receiving adequate protection. It demanded that the Debtor
start making contractual monthly payments (including escrow for
taxes and insurance), provide an accounting of all income generated
from the properties since the bankruptcy filing, and submit copies
of any rental or lease agreements. The Lender also requested that
any property-generated income be deposited into a separate
debtor-in-possession account to ensure transparency and
compliance.
A court hearing is set for June 5.
About Levy Ventures
Levy Ventures, LLC is a New York-based company engaged in real
estate -related activities.
Levy Ventures sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-22182) on March 5, 2025. In its
petition, the Debtor reported between $10 million and $50 million
in both assets and liabilities.
Judge Sean H. Lane handles the case.
The Debtor is represented by Kevin Nash, Esq., at Goldberg Weprin
Finkel Goldstein, LLP.
Fay Servicing, LLC, acting as the authorized loan servicer for U.S.
Bank Trust National Association (as Trustee for COLT 2023-3), is
represented by Jenelle Arnold, Esq. at Aldridge Pite, LLP.
MALLINCKRODT PLC: Investors Secure Initial $5.5MM Settlement Okay
-----------------------------------------------------------------
Sydney Price of Law360 reports that on May 28, 2025, investors in
pharmaceutical company Mallinckrodt won preliminary approval for a
$5.5 million settlement with two executives and a director,
resolving allegations that they were misled into thinking the
company had exited bankruptcy and would pay $200 million to opioid
claimants.
About Mallinckrodt plc
Mallinckrodt (OTCMKTS: MNKTQ) -- http://www.mallinckrodt.com/-- is
a global business consisting of multiple wholly-owned subsidiaries
that develop, manufacture, market and distribute specialty
pharmaceutical products and therapies. The Company's Specialty
Brands reportable segment's areas of focus include autoimmune and
rare diseases in specialty areas like neurology, rheumatology,
nephrology, pulmonology and ophthalmology; immunotherapy and
neonatal respiratory critical care therapies; analgesics; and
gastrointestinal products. Its Specialty Generics reportable
segment includes specialty generic drugs and active pharmaceutical
ingredients.
On Oct. 12, 2020, Mallinckrodt plc and certain of its affiliates
sought Chapter 11 protection in Delaware (Bankr. D. Del. Lead Case
No. 20-12522) to seek approval of a restructuring that would reduce
total debt by $1.3 billion and resolve opioid-related claims
against them. Mallinckrodt in mid-June 2022 successfully completed
its reorganization process, emerged from Chapter 11 and completed
the Irish Examinership proceedings.
Mallinckrodt Plc said in a regulatory filing in early June 2023
that it was considering a second bankruptcy filing and other
options after its lenders raised concerns over an upcoming $200
million payment related to opioid-related litigation.
Mallinckrodt plc and certain of its affiliates again sought Chapter
11 protection (Bankr. D. Del. Lead Case No. 23-11258) on Aug. 28,
2023. Mallinckrodt disclosed $5,106,900,000 in assets and
$3,512,000,000 in liabilities as of June 30, 2023.
Judge John T. Dorsey oversees the new cases.
In the prior Chapter 11 cases, the Debtors tapped Latham & Watkins,
LLP and Richards, Layton & Finger, P.A. as their bankruptcy
counsel; Arthur Cox and Wachtell, Lipton, Rosen & Katz as corporate
and finance counsel; Ropes & Gray, LLP as litigation counsel;
Torys, LLP as CCAA counsel; Guggenheim Securities, LLC as
investment banker; and AlixPartners, LLP, as restructuring
advisor.
In the new Chapter 11 cases, the Debtors tapped Latham & Watkins,
LLP and Richards, Layton & Finger, P.A., as their bankruptcy
counsel; Arthur Cox and Wachtell, Lipton, Rosen & Katz as corporate
and finance counsel; Guggenheim Securities, LLC as investment
banker; and AlixPartners, LLP, as restructuring advisor. Kroll is
the claims agent.
MIKLAR LLC: Case Summary & Five Unsecured Creditors
---------------------------------------------------
Debtor: Miklar, LLC
2616 Carter Ave
Nashville, TN 37206
Business Description: Miklar LLC is a real estate development
company based in Nashville, Tennessee. The
Company owns newly constructed single-family
homes located at 1523 and 1531 E Stewarts
Lane in Nashville, featuring high-end
finishes and modern amenities.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Middle District of Tennessee
Case No.: 25-02225
Judge: Hon. Nancy B King
Debtor's Counsel: Denis Graham "Gray" Waldron, Esq.
DUNHAM HILDEBRAND PAYNE WALDRON, PLLC
9020 Overlook Blvd., Suite 316
Brentwood, TN 37027
Tel: 629-777-6519
Fax: 615 777 3765
Email: gray@dhnashville.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Michael Matthews as member.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KGT4AMY/Miklar_LLC__tnmbke-25-02225__0001.0.pdf?mcid=tGE4TAMA
MIKLAR LLC: Seeks Subchapter V Bankruptcy in Tennessee
------------------------------------------------------
On May 28, 2025, Miklar LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Middle District of Tennessee.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Miklar LLC
Miklar LLC is a Nashville-based real estate development company
with properties in Davidson County.
Miklar LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-02225) on
May 28, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Nancy B. King handles the case.
The Debtors are represented by Denis Graham (Gray) Waldron, Esq. at
Dunham Hildebrand Payne Waldron, PLLC.
MITCHELL ROCK: Gets Court OK to Use Cash Collateral
---------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Alabama
signed a consent order allowing Mitchell Rock, Inc. to use cash
collateral to pay its expenses and providing protection to
Commercial Credit Group Inc.
Mitchell Rock has six equipment loans with Commercial Credit Group
totaling $2,725,954.28 as of the petition date.
As protection, Commercial Credit Group will be granted a
replacement lien on assets similar to its pre-bankruptcy
collateral. This replacement lien will have the same validity,
priority and extent as the lender's pre-bankruptcy lien.
In addition, Commercial Credit Group will receive a monthly payment
of $40,000 by June 1, $50,000 by July 1, and $92,000 on the first
day of each month thereafter until confirmation of its bankruptcy
plan, dismissal of its Chapter 11 case or conversion of the case to
one under Chapter 7.
About Mitchell Rock, Inc.
Mitchell Rock, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ala. Case No. 25-00701-TOM11) on March
7, 2025. In the petition signed by Chad Anthony Mitchell, owner,
the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Tamara O. Mitchell oversees the case.
Frederick M. Garfield, Esq., at Spain & Gillon, LLC, is the
Debtor's legal counsel.
Commercial Credit Group, Inc., as lender, is represented by:
Gabriel J. Quistorff, Esq.
Balch & Bingham, LLP
1901 Sixth Avenue North, Suite 1500
Birmingham, AL 35203
Telephone: (205) 251-8100
Facsimile: (205) 226-8799
gquistorff@balch.com
MOM CA INVESTOR: Investor Demands Property Interests Turnover
-------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that a new lawsuit claims that a
major portfolio of bankrupt real estate in Los Angeles and Laguna
Beach, California, must be turned over under a recent arbitration
award tied to a contentious dispute between joint venture
partners.
Filed Tuesday, May 27, 2025, in the U.S. Bankruptcy Court for the
District of Delaware, the complaint by Mohammad Honarkar seeks to
enforce the arbitration ruling involving MOM CA Investco LLC. The
company and its related bankrupt entities control a Southern
California real estate portfolio worth hundreds of millions of
dollars, including hotels, commercial and residential properties,
and vacation rentals, the report states.
About MOM CA Investor Group LLC
MOM CA Investor Group LLC and its affiliated debtors directly own
and manage a large real estate portfolio throughout Southern
California using a network of special purpose entities.
MOM CA Investor Group LLC and its affiliated debtors filed their
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bankr. D. Del. Lead Case No. 25-10510) on March 17, 2025,
listing $50,000,001 to $100 million in assets and $10,000,001 to
$50 million in liabilities.
Ericka Fredricks Johnson, Esq. at Bayard P.A. represents the Debtor
as counsel.
NATIONAL DENTEX: Blue Owl Marks $134.3 Million 1L Loan at 25% Off
-----------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $134,364,000
loan extended to National Dentex Labs LLC (fka Barracuda Dental LLC
to market at $100,436,000 or 75% of the outstanding amount,
according to OBDC's Form 10-Q for the fiscal year ended March 31,
2025, filed with the U.S. Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Loan to
National Dentex Labs LLC (fka Barracuda Dental LLC). The loan
accrues interest at a rate of 5% per annum. The loan matures on
April 2026.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About National Dentex Labs LLC (fka Barracuda Dental LLC)
National Dentex a nationwide network of dental laboratories working
closely with dentists to provide high-quality dental restorations
and appliances.
NATIONAL DENTEX: Blue Owl Marks $14.5MM 1L Loan at 27% Off
----------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $14,563,000 loan
extended to National Dentex Labs LLC (fka Barracuda Dental LLC to
market at $10,595,000 or 73% of the outstanding amount, according
to OBDC's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Delayed Draw
Term Loan to National Dentex Labs LLC (fka Barracuda Dental LLC).
The loan accrues interest at a rate of 10% payment in kind per
annum. The loan matures on April 2026.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About National Dentex Labs LLC (fka Barracuda Dental
LLC)
National Dentex a nationwide network of dental laboratories working
closely with dentists to provide high-quality dental restorations
and appliances.
NATIONAL DENTEX: Blue Owl Marks $8.4-Mil. 1L Loan at 36% Off
------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $8,468,000 loan
extended to National Dentex Labs LLC (fka Barracuda Dental LLC to
market at $5,436,000 or 64% of the outstanding amount, according to
OBDC's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Revolving Loan
to National Dentex Labs LLC (fka Barracuda Dental LLC). The loan
accrues interest at a rate of 7.00% per annum. The loan matures on
April 2026.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About National Dentex Labs LLC (fka Barracuda Dental LLC)
National Dentex a nationwide network of dental laboratories working
closely with dentists to provide high-quality dental restorations
and appliances.
NBA PROPERTIES: Seeks Chapter 11 Bankruptcy in California
---------------------------------------------------------
On May 27, 2025, NBA Properties Inc. filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the
Debtor reports $6,762,891 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About NBA Properties Inc.
NBA Properties Inc. owns three assets in California -- Pasadena,
Sierra Madre, and Victorville -- including 9.7 acres of vacant land
subdivided into 37 lots. The portfolio is collectively valued at
$7.25 million.
NBA Properties Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14395) on May 27,
2025. In its petition, the Debtor reports total assets of
$7,283,500 and total liabilities of $6,762,891.
Honorable Bankruptcy Judge Sheri Bluebond handles the case.
The Debtors are represented by Thomas B. Ure, Esq. at URE LAW FIRM.
NEW WORLD: Case Summary & 14 Unsecured Creditors
------------------------------------------------
Debtor: New World Contracting, LLC
PO Box 142
Rockwall, TX 75087
Business Description: New World Contracting, LLC is a construction
company specializing in public
infrastructure projects including schools,
parks, historic restorations, highways,
bridges, and hospitals. Based in Texas, it
has worked with government entities such as
the U.S. Army Corps of Engineers and the
Department of Defense. The Company was
founded in 2013 and is woman-owned,
minority-owned, and certified as a
disadvantaged business enterprise.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-31944
Debtor's Counsel: Kevin S. Wiley, Sr.
WILEY LAW GROUP, PLLC
325 N. St. Paul Street, Suite 2250
Dallas, TX 75201
Tel: 214-537-9572
Email: kwiley@wileylawgroup.com
Total Assets: $9,329
Total Liabilities: $1,567,984
The petition was signed by Dorrett Vanderberg as president.
A full-text copy of the petition, which includes a list of the
Debtor's 14 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/B7VI2MQ/New_World_Contracting_LLC__txnbke-25-31944__0001.0.pdf?mcid=tGE4TAMA
NFI GROUP: S&P Assigns 'BB-' Issuer Credit Rating, Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issuer credit rating to NFI
Group Inc. (NFI), a Winnipeg-based bus manufacturer. S&P also
assigned its 'BB-' issue-level rating and '4' recovery rating to
the company's proposed $600 million senior secured second-lien
notes due 2030.
S&P said, "The stable outlook reflects our expectation that the
company will generate adjusted debt to EBITDA of 3.5x in 2025 and
3.0x in 2026, resulting from higher profitability as supply-chain
issues subside and NFI realizes earnings growth from its record
backlog.
"Our rating reflects NFI's solid market position in the niche North
American transit bus market. S&P Global Ratings estimates the
company has about a 40% share of the North American heavy-duty
transit and coach bus market and just under 50% market share in the
U.K. This makes it the leading supplier of transit buses and
motorcoaches to the largest transit operators in both regions. In
recent years, the competitive dynamics in North America have
improved for NFI, because most of its competitors exited the market
or went bankrupt following challenges associated with the COVID-19
pandemic and “Buy America” procurement strategies implemented
by public transit authorities in the U.S. As a result, NFI has a
dominant position in the North American market, with one notable
competitor in the U.S. and one in Canada.
"In our view, the degree of product customization and certain
regulatory constraints add some barriers to entry, which should
enable NFI to defend its market share over the next few years.
Furthermore, the company's $13.7 billion order backlog (composed of
firm and option orders) as of March 30, 2025, provides good revenue
visibility over the next couple of years. These contracts also
typically include price escalators to account for inflation and
progress payments at key production milestones. NFI generates about
20% of total revenue from aftermarket parts and services, which we
consider a relatively stable and higher-margin segment of the
business. NFI leverages its large installed fleet of approximately
100,000 buses to provide parts, and to a lesser extent services, to
strengthen customer relationships.
"We expect leverage will decline well below 4x over the next couple
of years from earnings growth. Although we expect leverage to be
around 5x following the proposed transaction, we assume an earnings
recovery will drive meaningful deleveraging, with adjusted debt to
EBITDA of 3.5x at the end of 2025 and 3.0x in 2026. Order volumes
and EBITDA margins fell significantly in 2020 amid lower demand and
cost inflation stemming from the pandemic, and to a lesser extent
in 2024 because of seat supplier challenges. That said, order
activity recovered, with a backlog of $12.8 billion at the end of
2024 (up from $7.9 billion at year-end 2023 and $5.6 billion at
year-end 2022). We expect adjusted EBITDA to increase to about $360
million in 2026 (almost double what the company generated in 2024)
as recent supply-chain issues subside and the company fulfills its
order backlog. We assume this backlog carries higher margins
compared with legacy contracts owing to price increases that better
reflect cost inflation since the pandemic, zero-emission bus
penetration, improved market share, and more favorable contracting
terms. Furthermore, we assume the company's public net leverage
target of 2.0x-2.5x supports deleveraging.
"Notwithstanding the relatively strong credit measures we
anticipate over the next few years, our rating on the company also
incorporates our view of potential volatility stemming from
supply-chain challenges, regulatory changes, tariffs, and/or
intensifying competition. The industry faced significant challenges
during the pandemic because of the sharp drop in ridership,
supply-chain disruptions, and cost inflation that led many North
American bus manufacturers (with the exception of NFI and a few
others) to exit the North American market. As demand and
profitability recover, with support from better contracting terms
with customers, we believe NFI is in a stronger competitive
position that should persist over the next few years. That said,
competition could intensify over time and limit earnings growth
beyond 2026.
"In our view, NFI's supply chains carry operating risks that could
lead to earnings volatility. A recent example includes execution
issues at one of its seat suppliers that have slowed earnings
recovery over the past year. Most transit buses are highly
customized, which includes the customer having high autonomy in
choosing NFI's suppliers. This results in many components relying
on few suppliers. Supply-chain challenges could have an outsize
earnings impact on bus manufacturers, as was the case during the
pandemic. We think NFI's efforts to improve its supplier diversity
for key components could contribute to more stable earnings and
cash flow over time.
"The transition to zero-emission buses will likely be a key
tailwind for NFI as they represent about 40% of the company's
backlog in equivalent units. We expect zero-emission buses (ZEBs)
will continue to gain share from internal combustion engine (ICE)
buses over the next few years, which should drive profitable growth
for NFI. Currently, ZEB penetration in the U.S. is about 4%,
providing significant runway for NFI to replace older ICE buses.
Zero-emission buses are generally higher-margin products and
benefit from government programs to fund replacement cycles. We
assume transit operators will adopt them to replace older buses
because they are more cost efficient to operate and more
environmentally friendly, key considerations for many transit
operators and municipalities. Policies from the U.S. administration
could lead to reduced demand for ZEB orders, which is a scenario we
think NFI is well positioned to manage since it offers ICE options
to customers, albeit at lower unit prices.
“Tariffs could contribute to supply-chain disruptions and modest
margin pressure beyond what we have incorporated into our base-case
forecast. We think NFI is much better positioned than other North
American automakers we rate to manage through such a scenario. We
estimate about two-thirds of NFI's transit bus production is fully
built in the U.S. and while the remaining third starts production
in Canada, most of its higher-cost components are installed in the
U.S. Currently, we believe USMCA protections limit NFI's tariff
exposure and the company will continue complying with “Buy
America” requirements, with at least 70% of components and
subcomponents coming from U.S. suppliers. Furthermore, nearly all
NFI's public transit agency contracts include regulatory change
clauses that allow for price adjustments for tariffs (subject to
negotiations). In our view, the company's private coach business
could be more affected by added costs from tariffs, given the
discretionary nature of those products and difficulty in passing on
cost to customers.
"The stable outlook on NFI reflects our expectation that the
company will generate S&P Global Ratings-adjusted EBITDA of more
than $300 million in 2025, resulting from higher profitability as
supply-chain issues subside and successful execution of the
company's $12.8 billion backlog. We expect the company's
performance in 2025 will translate into adjusted debt to EBITDA of
3.5x in 2025 and 3.0x in 2026.
"We could downgrade NFI in the next 12 months if S&P Global
Ratings-adjusted debt to EBITDA is sustained well above 4x. This
could result from operational missteps or supply-chain challenges
that cause the company to underperform our current base-case
forecasts, if the company pursues a more aggressive financial
policy than we currently anticipate, or if new competitive dynamics
result in lower demand for NFI's products.
"We could upgrade NFI if the company sustains adjusted debt to
EBITDA below 3x while supporting good growth prospects and margins.
This could occur if the company maintains a conservative financial
policy while executing on its backlog, with limited supply-chain or
operational issues."
NIKOLA CORP: Creditors Want to Probe Founder Over $100MM Award
--------------------------------------------------------------
Yun Park of Law360 reports that the creditors committee in Nikola
Corp.'s Chapter 11 proceedings has asked a Delaware bankruptcy
court for authorization to investigate the company's founder,
alleging he may be depleting personal assets that should be used to
pay a $100 million arbitration award owed to the debtor.
About Nikola Corp.
Nikola Corporation manufactures commercial vehicles. The Company
provides battery and hydrogen fuel-cell electric vehicles,
drivetrains, components, energy storage systems, fueling station
infrastructure, and other transportation solutions. Nikola serves
customers worldwide.
Nikola Corp. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10258) on February 19, 2025. In
its petition, the Debtor reports estimated assets between $500
million and $1 billion, with liabilities ranging from $1 billion to
$10 billion.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by M. Blake Cleary, Esq. at Potter
Anderson & Corroon LLP.
NOTORIOUS TOPCO: Blue Owl Marks $185.2 Million 1L Loan at 17% Off
-----------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $185,280,000
loan extended to Notorious Topco, LLC (dba Beauty Industry Group)
to market at $153,782,000 or 83% of the outstanding amount,
according to OBDC's Form 10-Q for the fiscal year ended March 31,
2025, filed with the U.S. Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Loan to
Notorious Topco, LLC (dba Beauty Industry Group). The loan accrues
interest at a rate of 4.75% per annum. The loan matures on November
2027.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About Notorious Topco, LLC (dba Beauty Industry Group)
Notorious Topco, LLC (dba Beauty Industry Group) is engaged in the
retail distribution of cosmetics and personal beauty products in
the U.S.
NOTORIOUS TOPCO: Blue Owl Marks $3.9 Million 1L Loan at 64% Off
---------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $3,962,000 loan
extended to Notorious Topco, LLC (dba Beauty Industry Group) to
market at $1,436,000 or 36% of the outstanding amount, according to
OBDC's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Revolving Loan
to Notorious Topco, LLC (dba Beauty Industry Group). The loan
accrues interest at a rate of 4.75% per annum. The loan matures on
May 2027.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About Notorious Topco, LLC (dba Beauty Industry
Group)
Notorious Topco, LLC (dba Beauty Industry Group) is engaged in the
retail distribution of cosmetics and personal beauty products in
the U.S.
O'RYAN RANCHES: Seeks to Hire Lain Faulkner & Co as Accountant
--------------------------------------------------------------
O'Ryan Ranches, LLC and O'Ryan Oregon Ranches, LLC (Oregon Debtors)
seek approval from the U.S. Bankruptcy Court for the Northern
District of Texas to employ Lain, Faulkner & Co., P.C. as their
accountants.
The firm will render these services:
a. serve as accountants and financial advisors for the
Debtors;
b. assist the Debtors and their counsel with matters related
to these Chapter 11 Cases;
c. assist the Debtors with preparation of financial
information pertaining to assets and liabilities of the estates,
cash flows, financial statements, and projections;
d. assist and/or prepare 13-week cash flow budget and variance
reports;
e. assist the Debtors with preparation of any bankruptcy
required reporting; and
f. perform all other financial and accounting services to the
Debtors in connection with these Chapter 11 Cases as may be
required or necessary.
The firm will be paid at these hourly rates:
Directors $440 to $560
Accounting Professionals $235 to $325
IT Professionals $300
Staff Accountants $195 to $275
Clerical and Bookkeepers $95 to $135
D. Brian Crisp, a director of Lain Faulkner & Co., disclosed in a
court filing that his firm is a "disinterested person" as that term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
D. Brian Crisp
Lain, Faulkner & Co., P.C.
400 North St. Paul Street # 600
Dallas, TX 75201
Phone: (214) 720-1929
About Scanrock Oil & Gas
Scanrock Oil & Gas Inc. operates an integrated oil and gas
exploration and production platform.
Scanrock Oil & Gas Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-90001) on February 3,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $50
million and $100 million.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtor is represented by Thomas Daniel Berghman, Esq., at
Munsch Hardt Kopf & Harr PC.
On March 18, 2025, the U.S. Trustee appointed an official committee
of unsecured creditors in these Chapter 11 cases. The committee
tapped Porter Hedges LLP as counsel and Riveron RTS LLC as
financial advisor.
O'RYAN RANCHES: Seeks to Hire Munsch Hardt Kopf as Attorney
-----------------------------------------------------------
O'Ryan Ranches, LLC and O'Ryan Oregon Ranches, LLC (Oregon Debtors)
seek approval from the U.S. Bankruptcy Court for the Northern
District of Texas to employ Munsch Hardt Kopf & Harr, P.C. as their
attorneys.
The firm will render these services:
a. serve as attorneys of record for the Oregon Debtors and to
provide representation and legal advice with respect to the Oregon
Debtors' powers and duties as debtors in possession in the
continued operation of the Oregon Debtors' business;
b. assist the Oregon Debtors in carrying out their duties
under the Bankruptcy Code, including advising the Oregon Debtors of
such duties, their obligations, and their legal rights;
c. take all necessary action to protect and preserve the
Oregon Debtors' estates, including the prosecution of actions on
the Oregon Debtors' behalf, the defense of actions commenced
against the Oregon Debtors, the negotiation of disputes in which
the Oregon Debtors are involved, and the preparation of objection,
as necessary, to relief sough and claims filed against the Oregon
Debtors' estates;
d. consult with the United States Trustee, any statutory
committee that may be formed, and all other creditors and parties
in interest concerning administration of these Chapter 11 Cases;
e. assist in potential sales of the Oregon Debtors' assets;
f. prepare on behalf of the Oregon Debtors all motions,
applications, answers, orders, reports, and other legal papers and
documents to further the Debtors' estates' interests and
objections, and to assist the Oregon Debtors in preparation of
schedules, statements, and reports, and to represent the Oregon
Debtors and their estates at all related hearings and at all
related meetings of creditors, United States Trustee interviews,
and the like;
g. assist the Oregon Debtors in connection with preparing and
refining their chapter 11 plans and disclosures statements, and/or
all related agreements and documents necessary to facilitate an
exit from these Chapter 11 Cases, take appropriate action on behalf
of the Oregon Debtors to obtain confirmation of such plans, and
take such further actions as may be required in connection with the
implementation of such plans;
h. assist the Oregon Debtors in analyzing and appropriately
treating the claims of creditors, including objecting to claims and
trying claim objections;
i. appear before this Court and any appellate courts or other
courts having jurisdiction over any matter associated with these
Chapter 11 Cases; and
j. perform all other legal services and provide all other
legal advice to the Oregon Debtors as may be required or deemed to
be in the interest of their estates in accordance with the Oregon
Debtors' rights and duties as set forth in the Bankruptcy Code.
Munsch Hardt will be paid as follows:
Davor Rukavina, Shareholder $800 per hour
Thomas Berghman, Shareholder $700 per hour
Garrick Smith, Shareholder $580 per hour
Jonathan Petree, Associate $475 per hour
Jacob King, Associate $400 per hour
Heather Valentine, Paralegal $235 per hour
The firm received a total retainer of $95,000 from the Debtors.
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Berghman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Davor Rukavina, Esq.
Thomas D. Berghman, Esq.
Garrick C. Smith, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard St., Ste. 4000
Dallas, TX 75201
Telephone: (214) 855-7500
E-mail: drukavina@munsch.com
E-mail: tberghman@munsch.com
E-mail: gsmith@munsch.com
About Scanrock Oil & Gas
Scanrock Oil & Gas Inc. operates an integrated oil and gas
exploration and production platform.
Scanrock Oil & Gas Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-90001) on February 3,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $50
million and $100 million.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtor is represented by Thomas Daniel Berghman, Esq., at
Munsch Hardt Kopf & Harr PC.
On March 18, 2025, the U.S. Trustee appointed an official committee
of unsecured creditors in these Chapter 11 cases. The committee
tapped Porter Hedges LLP as counsel and Riveron RTS LLC as
financial advisor.
ONEMAIN FINANCE: S&P Rates New $500MM Senior Unsecured Notes 'BB'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue rating to OneMain
Finance Corp. (OMFC)'s proposed $500 million senior unsecured notes
due 2032.
OMFC is a direct, wholly owned subsidiary of OneMain Holdings Inc.
(OneMain). The notes will be guaranteed on an unsecured basis by
OneMain. The company intends to use the net proceeds to redeem a
portion of its outstanding 7.125% senior notes due 2026 ($1.35
billion outstanding as of March 31, 2025).
For the first quarter ended March 31, 2025, OneMain's leverage, as
measured by debt to adjusted total equity, was 5.9x-6.0x, and S&P
expects it will be unchanged pro forma this issuance.
S&P said, "As of March 31, 2025, OneMain's unencumbered assets to
unsecured debt ratio was about 1.07x. Pro forma this transaction,
we expect unencumbered assets to unsecured debt to remain at
1.0x-1.1x, albeit at the mid-to-higher end of the range. If the
company's unsecured debt becomes greater than its unencumbered
assets, we would lower the issue rating by one notch to 'BB-'."
For the quarter ended March 31, 2025, the company's consumer loans
net-charge-off ratio declined to about 7.8% versus 8.6% a year ago.
The ratio of 30-plus days delinquent loans was 5.16%, while for
credit cards it was about 12.7%. As of March 31, 2025, OneMain's
back book (loan originations made prior to credit tightening in
August 2022) had declined to 13% from 16% of receivables at
year-end 2024. The back book contributed 27% to 30-plus-days
delinquency, down from 32% at year-end 2024.
Profitability and delinquencies should stabilize as the tail risk
from 2022 vintages declines, but an expected economic slowdown and
higher-for-longer interest rates could challenge performance for
newer vintages. For 2025, OneMain affirmed its expectation of net
charge-offs at 7.5%-8.0%, versus 8.1% in 2024.
S&P said, "The stable outlook on OneMain indicates our expectation
that in the next 12 months the company will keep its competitive
position in nonprime consumer lending and operate with leverage of
4.5x-6.5x, although our base-case assumption is 5.5x-6.5x. We
expect the company to maintain adequate liquidity, manageable net
charge-offs of about 8%, and its existing funding mix.
"We could lower our ratings over the next 12 months if debt to
adjusted total equity rises above 6.5x or if net charge-offs
substantially rise above our base-case expectation and erode
earnings. We could also lower the ratings if regulatory actions
impede OneMain's business, if the company takes on large
debt-funded initiatives, or if competition increases in the
nonprime consumer lending industry such that risk-adjusted yields
decline and weaken earnings."
An upgrade is unlikely over the next 12 months.
PARAGON MOVING: Gets OK to Use Cash Collateral Until June 10
------------------------------------------------------------
Paragon Moving & Storage, Inc. got the green light from the U.S.
Bankruptcy Court for the District of Minnesota to use cash
collateral.
The interim order penned by Judge William Fisher authorized the
company to use cash collateral until June 10 in line with the
company's projections.
Paragon believes that KLC Financial, Inc. and the U.S. Small
Business Administration are the only creditors with an interest in
their cash collateral given the size of their respective debts.
A UCC report, however, shows that Security Bank Minnesota and
Wheaton Van Lines, Inc. also claim an interest in the cash
collateral, including cash, receivables and inventory. Security
interest was also granted by Paragon to several merchant cash
advance lenders.
As protection, these secured creditors and MCA lenders were granted
replacement liens, with the same validity and priority as their
pre-bankruptcy liens.
A final hearing is scheduled for June 10.
KLC Financial is represented by:
Dennis Dressler, Esq.
Dressler & Peters, LLC
101 W. Grand Ave., Ste. 404
Chicago, IL 60654
Phone: 312-602-7360
Fax: 312-637-9378
ddressler@dresslerpeters.com
Security Bank Minnesota is represented by:
Phillip J. Ashfield, Esq.
Spencer Fane, LLP
100 South Fifth Street, Suite 2500
Minneapolis, MN 55402
Telephone: (612) 268-7000
Facsimile: (612) 268-7001
pashfield@spencerfane.com
About Paragon Moving & Storage Inc.
Paragon Moving & Storage Inc. offers residential, commercial, and
international moving services, along with designer logistics and
storage solutions. Founded in 1989, the company operates a
55,000-square-foot, temperature-controlled warehouse in the Twin
Cities area, providing secure storage for military and civilian
clients. Paragon partners with Wheaton World Wide Moving for
interstate and global relocations.
Paragon sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Minn. Case No. 25-41513) on May 12,
2025. In its petition, the Debtor reported total assets of $267,899
and total liabilities of $1,022,870.
The Debtor is represented by Jeffrey Butwinick, Esq., at Butwinick
Law Office.
PERATON CORP: Blue Owl Marks $60.3MM 2L Loan at 26% Off
-------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $60,393,000 loan
extended to Peraton Corp. to market at $44,957,000 or 74% of the
outstanding amount, according to OBDC's Form 10-Q for the fiscal
year ended March 31, 2025, filed with the U.S. Securities and
Exchange Commission.
OBDC is a participant in a Second Loan Senior Secured Loan to
Peraton Corp. The loan accrues interest at a rate of 7.75% per
annum. The loan matures on February 2029.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About Peraton Corp.
Peraton Corp., headquartered in Reston, Virginia, is a provider of
communications networks and systems, enterprise IT and mission
support for federal agencies. The company is owned by Veritas
Capital.
PHYSICIAN PARTNERS: Blue Owl Marks $6.4 Million 1L Loan at 40% Off
------------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $6,411,000 loan
extended to Physician Partners, LLC to market at $3,847,000 or 60%
of the outstanding amount, according to OBDC's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Loan to
Physician Partners, LLC. The loan accrues interest at a rate of 4%
per annum. The loan matures on December 2029.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
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.
PLENTY UNLIMITED: Exits Ch. 11 Bankruptcy, Completes Restructuring
------------------------------------------------------------------
Plenty Unlimited Inc., a pioneering agricultural technology company
specializing in indoor vertical farming, today announced its
successful emergence from Chapter 11 after the United States
Bankruptcy Court for the Southern District of Texas approved its
reorganization plan.
"This marks the start of a new, focused phase for Plenty," said Dan
Malech, Interim CEO. "Our technology has the potential to make
fresh food accessible to all. To accelerate our impact, we are
concentrating on strawberries. We are expanding the growing
capacity at our Richmond farm and exploring opportunities to bring
Plenty's vertical strawberry farming technology to new locations
through farm sales -- a capability unique to our proprietary
technology."
Following a successful first planting cycle that produced some of
the sweetest strawberries available, Plenty is gearing up for its
second strawberry planting at the Richmond farm and plans to resume
construction that will significantly increase the farm’s growing
area.
Throughout the Chapter 11 process, Plenty negotiated resolutions
with its creditors, enabling many to return to Chester, Virginia,
to complete the expansion of the strawberry farm’s growing
facilities.
"We appreciate the strong support from our stakeholders and
partners, whose confidence allowed us to complete this process
swiftly," Malech added.
Interim and exit financing for the restructuring was provided by
One Madison and SoftBank Vision Fund 2, with additional exit
funding from other investors.
"My belief in Plenty's groundbreaking vertical farming platform and
its potential to transform crops like berries has grown stronger
over the years," said Omar Asali, cofounder of One Madison Group.
"As a more focused and efficient company emerging from this
process, Plenty is well-positioned to expand premium strawberry
production with leading industry partners. The company is set to
fill a market gap by supplying locally grown strawberries
year-round, delighting consumers with high-quality produce."
Sidley Austin LLP and Wilson Sonsini Goodrich & Rosati served as
Plenty's legal counsel during the Chapter 11 proceedings. Jefferies
LLC and Uzzi & Lall LLC acted as financial advisors. Davis Polk &
Wardwell LLP and Sullivan & Cromwell LLP represented One Madison
Group and SoftBank Vision Fund 2, respectively.
About Plenty Unlimited Texas
Plenty Unlimited Texas, LLC and its affiliates are an innovative
Agricultural Technology (AgTech) companies with a platform focused
on indoor vertical farming.
Plenty Unlimited Texas and its affiliates filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. S.D. Tex. Lead Case No. 25-90105) on March 23, 2025. At the
time of the filing, the Debtors estimated $100 million to $500
million in both assets and liabilities. The petitions were signed
by Daniel Malech as interim chief executive officer.
Judge Christopher M Lopez handles the cases.
Duston K. McFaul, Esq. at Sidley Austin, LLP represents the Debtors
as legal counsel. The Debtors tapped Jefferies, LLC as investment
banker; Uzzi & Lall as financial and restructuring advisor; and
Stretto, Inc. as claims agent.
On April 8, 2025, the United States Trustee for the Southern
District of Texas for Region 7 appointed an official committee of
unsecured creditors in these Chapter 11 cases. The committee tapped
McDermott Will & Emery LLP as counsel, Sands Anderson PC as special
counsel, and Province LLC as financial advisor.
PS OPERATING: Blue Owl Marks $15.6-MM 1L Loan at 86% Off
--------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $15,697,000 loan
extended to PS Operating Company LLC (fka QC Supply, LLC) to market
at $2,276,000 or 14% of the outstanding amount, according to OBDC's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Loan to PS
Operating Company LLC (fka QC Supply, LLC). The loan accrues
interest at a rate of 6% payment in kind per annum. The loan
matures on December 2026.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About PS Operating Company LLC (fka QC Supply, LLC)
PS Operating Company LLC and PS Op Holdings LLC are both specialty
distributor and solutions provider to the swine and poultry markets
in the U.S.
PS OPERATING: Blue Owl Marks $5.5-Mil. 1L Loan at 88% Off
---------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $5,533,000 loan
extended to PS Operating Company LLC (fka QC Supply, LLC) to market
at $664,000 or 12% of the outstanding amount, according to OBDC's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Revolving Loan
to PS Operating Company LLC (fka QC Supply, LLC). The loan accrues
interest at a rate of 6% per annum. The loan matures on December
2026.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About PS Operating Company LLC (fka QC Supply, LLC)
PS Operating Company LLC and PS Op Holdings LLC are both specialty
distributor and solutions provider to the swine and poultry markets
in the U.S.
RADIX HAWK: Seeks to Hire Tranzon Drigger as Auctioneer/Broker
--------------------------------------------------------------
Radix Hawk Holdings LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to hire Tranzon Drigger as
auctioneer/broker.
The Debtor owns and operates a hotel known as Orlando International
Drive North Hotel, located at 5859 American Way, Orlando, Florida,
near the entrance of Universal Studios Florida. The Debtor
purchased the property in May 2022.
The brokers will market the business and its accompanying assets to
potential buyers for sale.
Tranzon Driggers has agreed to be compensated as follows:
a. Tranzon Driggers shall be paid a commission of 2 percent of
the successful bid, which shall be added to the purchase priced as
a buyer's premium.
b. The 2 percent commission shall be paid 50 percent to
Tranzon Driggers and 50 percent to buyer's agent, if any. If there
is no buyer's agent, that 50 percent shall be retained by the
bankruptcy estate.
c. In the event the stalking horse bidder is the successful
bidder, the buyer's premium shall be reduced to 1 percent of the
purchase price.
Tranzon Driggers does not hold or represent any interest adverse to
Debtor or its estate on any matters for which it is to be engaged,
and is "disinterested," as such term is defined in 11 U.S.C. Sec.
101(14), according to court filings.
The broker can be reached through:
Jon Barber
Tranzon Driggers
101 E. Silver Springs Blvd.
Ocala, FL 34470.
Tel: (877) 374-4437
About Radix Hawk Holdings LLC
Radix Hawk Holdings LLC is a real estate holding company primarily
owning hotel and motel complexes located at 5859 American Way,
Orlando, FL 32819.
Radix Hawk Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01631) on March 24,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge Lori V. Vaughan handles the case.
The Debtor is represented by Craig I. Kelley, Esq. of KELLEY KAPLAN
& ELLER, PLLC.
RED LOBSTER: Court Tosses False Advertising Suit After Ch.11 Ruling
-------------------------------------------------------------------
Shweta Watwe of Bloomberg Law reports that a federal judge has
dismissed a consumer lawsuit against Red Lobster Management LLC,
which alleged the company falsely advertised its seafood as
"sustainable." The dismissal followed a 2024 bankruptcy order that
released the restaurant chain from such claims.
U.S. District Judge John A. Kronstadt of the Central District of
California tossed the proposed class action with prejudice on
Tuesday, May 27, 2025. The consumer claimed Red Lobster misled
patrons by promoting its seafood as sustainable, despite sourcing
from suppliers known for environmentally damaging practices.
About Red Lobster Seafood Co.
Red Lobster Management, LLC, owns and operates 705 Red Lobster
seafood restaurants throughout North America. Red Lobster generates
about $2.4 billion of annual revenue. Red Lobster is owned by
private equity firm Golden Gate Capital. On the Web:
http://www.redlobster.com/
Red Lobster Management and its affiliates sought Chapter 11
protection (Bankr. M.D. Fla. Lead Case No. 24-02486) on May 19,
2024. As part of these filings, Red Lobster has entered into a
stalking horse purchase agreement pursuant to which Red Lobster
will sell its business to an entity formed and controlled by its
existing term lenders.
King & Spalding LLP is lead counsel to the Debtors; Berger
Singerman LLP serves as local counsel; and Blake, Cassel & Graydon,
LLC, represents the Canadian applicants.
Alvarez & Marsal North America, LLC is serving as financial advisor
and providing corporate leadership as Chief Executive and Chief
Restructuring Officers. Jonathan Tibus, a Managing Director at
Alvarez & Marsal, serves as the debtors' CEO.
Hilco Corporate Finance is serving as M&A advisor to Red Lobster.
Keen-Summit is serving as real estate advisor.
The U.S. Trustee for Region 21 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee is represented by Pachulski Stang Ziehl & Jones, LLP.
RED RIVER: 3rd Circuit Pauses Talc Study Libel Case Appeal
----------------------------------------------------------
Carla Baranauckas of Law360 reports that on Wednesday, May 28,
2025, the Third Circuit granted a request by Johnson & Johnson's
talc liability unit to pause briefing in its appeal aiming to
revive a libel lawsuit over a scientific article that linked talcum
powder to mesothelioma.
About J&J Talc Units
LLT Management, LLC (formerly known as LTL Management LLC) was a
subsidiary of Johnson & Johnson that was formed to manage and
defend thousands of talc-related claims and oversee the operations
of Royalty A&M. Royalty A&M owns a portfolio of royalty revenue
streams, including royalty revenue streams based on third-party
sales of LACTAID, MYLANTA/MYLICON and ROGAINE products.
LTL Management first filed a petition for Chapter 11 protection
(Bankr. W.D.N.C. Case No. 21-30589) on Oct. 14, 2021. The case was
transferred to New Jersey (Bankr. D.N.J. Case No. 21-30589) on Nov.
16, 2021. The Hon. Michael B. Kaplan is the case judge. At the time
of the filing, the Debtor was estimated to have $1 billion to $10
billion in both assets and liabilities.
In the 2021 case, LTL Management tapped Jones Day and Rayburn
Cooper & Durham, P.A., as bankruptcy counsel; King & Spalding, LLP
and Shook, Hardy & Bacon LLP as special counsel; McCarter &
English, LLP as litigation consultant; Bates White, LLC as
financial consultant; and AlixPartners, LLP as restructuring
advisor. Epiq Corporate Restructuring, LLC, served as the claims
agent.
On Dec. 24, 2021, the U.S. Trustee for Regions 3 and 9
reconstituted the talc claimants' committee and appointed two
separate committees: (i) the official committee of talc claimants
I, which represents ovarian cancer claimants, and (ii) the official
committee of talc claimants II, which represents mesothelioma
claimants.
The official committee of talc claimants I tapped Genova Burns LLC,
Brown Rudnick LLP, Otterbourg PC and Parkins Lee & Rubio LLP as its
legal counsel. Meanwhile, the official committee of talc claimants
II is represented by the law firms of Cooley LLP, Bailey Glasser
LLP, Waldrep Wall Babcock & Bailey PLLC, Massey & Gail LLP, and
Sherman Silverstein Kohl Rose & Podolsky P.A.
Re-Filing of Chapter 11 Petition
On Jan. 30, 2023, a panel of the Third Circuit issued an opinion
directing this Court to dismiss the 2021 Chapter 11 Case on the
basis that it was not filed in good faith. Although the Third
Circuit panel recognized that the Debtor "inherited massive
liabilities" and faced "thousands" of future claims, it concluded
that the Debtor was not in financial distress before the filing.
On March 22, 2023, the Third Circuit entered an order denying the
Debtor's petition for rehearing. The Third Circuit entered an order
denying LTL's stay motion on March 31, 2023, and, on the dame day,
issued its mandate directing the Bankruptcy Court to dismiss the
2021 Chapter 11 Case.
The Bankruptcy Court entered an order dismissing the 2021 Case on
April 4, 2023.
Johnson & Johnson on April 4, 2023, announced that its subsidiary
LTL Management LLC (LTL) has re-filed for voluntary Chapter 11
bankruptcy protection (Bankr. D.N.J. Case No. 23-12825) to obtain
approval of a reorganization plan that will equitably and
efficiently resolve all claims arising from cosmetic talc
litigation against the Company and its affiliates in North
America.
In the new filing, J&J said it has agreed to contribute up to a
present value of $8.9 billion, payable over 25 years, to resolve
all the current and future talc claims, which is an increase of
$6.9 billion over the $2 billion previously committed in connection
with LTL's initial bankruptcy filing in October 2021. LTL also has
secured commitments from over 60,000 current claimants to support
a global resolution on these terms.
In August 2023, U.S. Bankruptcy Judge Michael Kaplan in Trenton,
New Jersey, ruled that the second bankruptcy case should be
dismissed.
3rd Try
In May 2024, J&J announced its subsidiary LLT Management LLC is
soliciting support for a consensual prepackaged bankruptcy plan to
resolve its talc-related liabilities. Under the terms of the plan,
a trust would be funded with over $5.4 billion in the first three
years and more than $8 billion over the course of 25 years, which
J&J calculates to have a net present value of $6.475 billion. If
the Plan is accepted by at least 75% of voters, a bankruptcy was to
be filed under the case name In re Red River Talc LLC. Epiq
Corporate Restructuring, LLC is serving as balloting and
solicitation agent for LLT.
On Sept. 20, 2024, Red River Talc LLC filed a Chapter 11 bankruptcy
petition (Bankr. S.D. Tex. Case No. 24-90505). Porter Hedges LLP
and Jones Day serve as counsel in the new Chapter 11 case. Epiq is
the claims agent.
Paul Hastings LLP is counsel to the Ad Hoc Committee of Supporting
Counsel. Randi S. Ellis is the proposed prepetition legal
representative of future claimants.
REGIONS PROPERTY: Court Extends Cash Collateral Access to June 18
-----------------------------------------------------------------
Regions Property Management & Construction, Inc. received another
extension from the U.S. Bankruptcy Court for the Southern District
of Florida to use cash collateral.
The order penned by Judge Erik Kimball authorized the company's
interim use of cash collateral to pay its expenses until June 18.
As protection, Flash Funding Services, ERTC Express, LLC and the
U.S. Small Business Administration will receive replacement liens
on post-petition assets from the company's Boynton Beach location,
excluding avoidance action proceeds.
As further protection, SBA will continue to receive a monthly
payment of $1,640. The monthly payment started on May 1.
In case of any diminution in the value of their collateral, the
secured creditors will receive a superpriority administrative
claim.
A final hearing is set for June 18.
About Regions Property Management & Construction
Regions Property Management & Construction, Inc. sought relief
under Subchapter V of Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 25-14015) on April 12, 2025. In its
petition, the Debtor reported between $100,000 and $500,000 in
assets and between $1 million and $10 million in liabilities.
Judge Erik P. Kimball oversees the case.
The Debtor is represented by Brian K. McMahon, Esq.
RELENTLESS HOLDINGS: Seeks to Hire Trustee Realty as Realtor
------------------------------------------------------------
Relentless Holdings Corporation filed an amended application
seeking approval from the U.S. Bankruptcy Court for the Southern
District of Florida to hire Trustee Realty, Inc. as its realtor.
The firm will render these services:
a. market and provide due diligence and coordinate the sale of
the Debtor's real property located at 1011 Rhodes Ave., Delray
Beach, FL 33483;
b. oversee and manage the terms of the sales and marketing of
the real property; and
c. perform all other necessary actions related to the
management, marketing and solicitation of buyers of the Debtor's
real property.
The commission rate for the Broker as the seller's broker is 4.5
percent as provided in the Listing Agreement with the commission to
be split with the buyer's broker as follows: 2 percent to buyer's
broker and 2.5 percent to the Broker. Should there be no buyer's
broker, the broker will reduce the total commission to 3 percent.
Jason Welt, an agent with Trustee Realty Inc., disclosed in the
court filing that his firm does not hold or represent an interest
adverse to the Debtor's estate and is a "disinterested person," as
that term is defined in Bankruptcy Code Sec. 101(14).
The firm can be reached through:
Jason A. Welt
Trustee Realty, Inc.
2200 N Commerce Pkwy Suite# 200
Weston, FL 33326
Phone: (954) 803-0790
About Relentless Holdings Corporation
Relentless Holdings Corporation is a Florida-based single asset
real estate company. The company owns and manages real property
located at 1011 Rhodes Villa Ave, Delray Beach, Fla., while
maintaining its principal place of business in Boca Raton.
Relentless Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13399) on March 28,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Mindy A. Mora handles the case.
The Debtor is represented by Sherri B. Simpson, Esq.
RENE'S TRUCKING: Seeks Subchapter V Bankruptcy in Texas
-------------------------------------------------------
On May 5, 2025, Rene's Trucking Inc. filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of Texas
According to court filing, the Debtor reports between $500,000 and
$1 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Rene's Trucking Inc.
Rene's Trucking Inc. is a trucking company based in Humble, Texas.
Rene's Trucking Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-32881) on May 5,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtors are represented by Lloyd A. Lim, Esq. at Kean Miller
LLP.
ROCK N CONCEPTS: Court Extends Cash Collateral Access to June 13
----------------------------------------------------------------
Rock N Concepts, LLC and Lava Cantina The Colony, LLC received
another extension from the U.S. Bankruptcy Court for the Eastern
District of Texas to use cash collateral to pay their expenses.
The fourth interim order extended the companies' authority to use
cash collateral from May 13 to June 13.
Secured lenders Regions Bank and the U.S. Small Business
Administration were granted replacement security interests in, and
liens on, all property (except Chapter 5 causes of action) acquired
by the companies after their bankruptcy filing.
A final hearing is scheduled for June 13.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/1i8sI from PacerMonitor.com.
About Rock N Concepts LLC
Rock N Concepts, LLC and Lava Cantina The Colony, LLC, a live
entertainment venue and restaurant located in The Colony, Texas,
filed Chapter 11 petitions (Bankr. E.D. Texas Lead Case No.
25-40416) on February 18, 2025.
At the time of the filing, both Debtors reported between $1 million
and $10 million in assets and liabilities.
Sarah M. Cox, Esq., at Spector & Cox, PLLC is the Debtor's legal
counsel.
Regions Bank, as secured creditor, is represented by:
Jason T. Rodriguez, Esq.
Higier Allen & Lautin, PC
The Tower at Cityplace
2711 N. Haskell Ave., Suite 2400
Dallas, TX 75204
Telephone: (972) 716-1888
Facsimile: (972) 716-1899
jrodriguez@higierallen.com
ROCKAWAY CONTRACTING: Seeks Subchapter V Bankruptcy in New York
---------------------------------------------------------------
On May 26, 2025, Rockaway Contracting Corp. 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 Rockaway Contracting Corp.
Rockaway Contracting Corp. is a New York-based contracting
company.
Rockaway Contracting Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11167) on
May 265, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
The Debtors are represented by Lawrence Morrison, Esq.
SABAL CONSTRUCTION: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida
granted Sabal Construction Inc. interim approval to use cash
collateral.
The second interim order authorized the company to use cash
collateral for necessary expenses as outlined in the approved
budget. Any expenditure exceeding budgeted amounts by more than 10%
or not listed in the budget requires additional approval.
The budget projects monthly total operating expenses of $15,391.67
for June and July.
As protection, secured creditors including Century Bank of Florida
and the U.S. Small Business Administration were granted
post-petition liens on cash collateral with the same priority and
validity as their pre-bankruptcy liens.
The next hearing is scheduled for June 3.
About Sabal Construction Inc.
Sabal Construction Incorporated is a veteran-owned and operated
construction company based in Tampa, Florida, established in 2013.
The company specializes in luxury custom waterfront homes and light
commercial projects.
Sabal Construction Incorporated sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01450) on
March 31, 2025, with $50,001 to $100,000 in assets and $1,000,001
to $10 million in liabilities. The petition was signed by Galen
Brent Hebert as president.
Judge Catherine Peek Mcewen oversees the case.
The Debtor is represented by:
Jake C. Blanchard, Esq.
Blanchard Law, P.A.
Tel: 727-531-7068
Email: jake@jakeblanchardlaw.com
SAIPRASAD LLC: To Sell Bexar Property in an Auction
---------------------------------------------------
Saiprasad, LLC, d/b/a Lotus Inn (Fireside Inn), seeks approval from
the U.S. Bankruptcy Court for the Western District of Texas, San
Antonio Division, to sell substantially all of its assets, free and
clear of liens, interests, and encumbrances.
The Debtor wants to sell its primary assets, real property improved
by a hotel known as the Fireside Inn located at 1259 Austin
Highway, San Antonio, Bexar County, Texas 78209 and all associated
furniture, fixtures and equipment.
The Debtor's primary secured lender, Shivprem, LLC holds a
first-lien deed of trust on the real property and has filed a proof
of claim asserting loan obligations of $1,263,184.24. The Debtor
scheduled the market value of the real property as $1,500,000.00.
The Debtor has prepared a comprehensive set of procedures for
soliciting bids on the Property. The Bid
Procedures will help ensure an open, competitive, and efficient
sale process and maximize value
for the Debtor's bankruptcy estate.
Key dates proposed under the Bid Procedures, subject to change
based upon the Court's availability for the Sale Hearing, are as
follows:
Marketing period commences -- May 30, 20252
July 7, 2025 at 5:00 pm -- Bid Deadline
July 10, 2025 -- Qualifying Bids determined and bidders
notified
July 15, 2025 Auction – Successful and Backup Bidder
identified
July 21, 2025 -- Deadline to serve Sale Notice
3 Business Days prior to Sale Hearing -- Deadline for all
objections to the Sale
July 31, 2025 or TBD -- Sale Hearing
August 15, 2025 -- Closing Deadline
Interested bidders seeking to conduct due diligence on the Property
should contact the Debtor's broker via telephone or email as
follows:
Joseph H. Sloan III
Keller Williams City View
15510 Vance Jackson Road, Suite 101
San Antonio, TX 78249
Telephone: (210) 849-2175
Email: legal@kwcityview.com
Non-refundable deposit equal to 1% of the offered purchase price.
Provided that more than one Qualified Bid is received, the Debtor
will conduct an Auction as set forth in the Bid Procedures and Bid
Procedures Order.
The Debtor and its Broker will continue soliciting bids for the
Property and will distribute the Bid Procedures to all prospective
bidders upon the Court’s approval.
The Debtor believes that pursuing a Sale is in the best interests
of the estate and creditors and will maximize value for the
Debtor's creditor constituency. The Bid Procedures will enable the
Debtor to conduct an open and competitive bidding process to
determine the highest and best offer for its Property.
About Saiprasad, LLC
Saiprasad, LLC is a hospitality company that owns and operates the
Lotus Inn (Fireside Inn), a budget-friendly motel located in San
Antonio, Texas.
Saiprasad LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Texas Case No. 25-50705) on March
31, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and liabilities.
Judge Craig A. Gargotta handles the case.
The Debtor is represented by Joyce W. Lindauer, Esq., at Joyce W.
Lindauer Attorney, PLLC.
SAKS GLOBAL: Hires Greenhill & Co. Before Debt Talks
----------------------------------------------------
Reshmi Basu and Georgia Hall of Bloomberg News reports that a
minority group of creditors, holding roughly $600 million of Saks
Global Enterprises' $2.2 billion in bonds, has hired Greenhill &
Co. as its financial adviser ahead of potential debt discussions
with the company, according to sources who spoke on condition of
anonymity due to the sensitive nature of the information.
This comes after Saks announced on Thursday, May 29, 2025, that it
had obtained a $300 million first-in, last-out loan facility for
the company and a $50 million secured term loan for certain
subsidiaries, the report states.
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.
SBLA INC: Court Extends Cash Collateral Access to June 18
---------------------------------------------------------
SBLA, Inc. received another extension from the U.S. Bankruptcy
Court for the Southern District of Florida, West Palm Beach
Division, to use cash collateral.
The third interim order authorized the company to use its secured
creditors' cash collateral until June 18 to pay business expenses
in accordance with its budget, with a 10% variance allowed.
As protection, secured creditors were granted replacement liens on
assets acquired by the company after its Chapter 11 filing, except
avoidance actions under Section 542 of the Bankruptcy Code.
The creditors that may have an interest in the company's cash
collateral are 8Fig, Inc.; Libertas Funding, LLC; Fox Funding
Group, LLC; Pinnacle Business Funding LLC; Rocket Capital NY LLC;
Spring Funding; Capytal.com; SellersFi; Corporation Service
Company, C T Corporation System, and Middesk, Inc. as
representatives; and CHTD Company.
The next hearing is scheduled for June 18.
8Fig is represented by:
Eric B. Zwiebel, Esq.
Emanuel & Zwiebel, PLLC
7900 Peters Road
Executive Court at Jacaranda
Building B, Suite 100
Plantation, FL 33324
Phone: (954) 424-2005
Fax: (954) 533-0138
eric.zwiebel@emzwlaw.com
Pinnacle Business Funding is represented by:
Anthony F. Giuliano, Esq.
Giuliano Law, P.C.
445 Broadhollow Road, Ste. 25
Melville, NY 11747
Phone: (516) 792-9800
afg@glpcny.com
About SBLA Inc.
SBLA, Inc. focuses on providing non-invasive, at-home anti-aging
solutions through its innovative "sculpting wands." The Company's
product line includes items like the Neck, Chin & Jawline Sculpting
Wand, Facial Instant Sculpting Wand, and Lip Plump & Sculpt to help
firm, lift, and rejuvenate various areas of the face and body.
Known for its collaboration with Christie Brinkley, SBLA emphasizes
effective, science-backed skincare to offer alternatives to
invasive procedures.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12606) on March 11,
2025. In the petition signed by Leonard Cogan, CFO, the Debtor
disclosed $801,858 in assets and $3,252,917 in liabilities.
Judge Mindy A. Mora oversees the case.
Bradley S. Shraiberg, Esq., at Shraiberg Page PA, represents the
Debtor as legal counsel.
SEAGATE DATA: S&P Rates Proposed Unsecured Exchange Notes 'BB'
--------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '3'
recovery rating to hard disk drive (HDD) maker Seagate Technology
Holdings plc's new unsecured notes, the same ratings we assigned to
its existing unsecured notes.
Seagate is offering to exchange its existing unsecured
notes--excluding its recent offering of 5.875% notes due 2030 and
its exchangeable notes due 2028--issued by Seagate HDD Cayman
(Cayman) for notes on substantially identical terms to be issued by
Seagate Data Storage Technology Pte. Ltd. (SDST), a private company
registered in Singapore and guaranteed by each of Seagate
Technology Holdings plc, Seagate Technology Unlimited Company
(STUC), and Cayman.
After the exchange and the redemption of the 4.875% notes due 2027
with proceeds of the recently offered notes due 2030, all its
senior notes will have the same four obligors mentioned above,
except any existing senior notes that are not tendered and the
exchangeable notes, all of which will keep Seagate Technology
Holdings plc, STUC, and Cayman as obligors. S&O doesn't believe any
holders of instruments that do not include SDST as an obligor are
at a disadvantage because any value must pass through Cayman before
getting to SDST.
The revolving credit facility has the four obligors mentioned above
but also benefits from subsidiary guarantees so S&P treats it as
having priority on the value from those subsidiaries.
SEVEN RIVERS: Court Grants FFB's Motions for Stay Relief
--------------------------------------------------------
The Honorable Bianca M. Rucker of the United States Bankruptcy
Court for the Western District of Arkansas granted First Financial
Bank's motions for relief from the automatic stay in the bankruptcy
case of Seven Rivers Leasing Corporation, Inc.
The issue before the Court is whether FFB is entitled to relief
from stay under 11 U.S.C. Sec. 362(d) regarding the debtor's
interest in two tracts of real property, one referred to as the
"Blue Hangar" and the other as the "Yellow Hangar."
The Blue Hangar and the Yellow Hangar were collateral for a secured
debt owed to FFB pursuant to a note and mortgage dated Oct. 22,
2007.
FFB seeks relief from stay to pursue its state court remedies
against both the Blue and Yellow Hangar.
FFB argues that it is entitled to relief from stay because Seven
Rivers lacks any equitable or legal interest in the property. The
Court agrees.
The Court finds that the debtor lacks a legal or equitable interest
in the Blue Hangar, and therefore, it is not property of the
bankruptcy estate. Because the Court finds that the Blue Hangar is
not property of Seven Rivers' bankruptcy estate, the Court grants
the motion for relief from stay for cause under Sec. 362(d) in this
case.
Regarding the Yellow Hangar, FFB asserts it is entitled to relief
from stay because the debtor did not file this bankruptcy case in
good faith and the Yellow Hangar is not property of the estate.
Regarding FFB's assertion of bad faith, the Court finds that there
was not enough evidence to support such a finding. Regarding FFB's
argument that the Yellow Hangar is not property of the bankruptcy
estate, the Court agrees and finds that the debtor's legal and
equitable interests in the Yellow Hangar were terminated before
Seven Rivers filed its current bankruptcy case.
A copy of the Court's decision dated May 16, 2025, is available at
https://urlcurt.com/u?l=hXuLXb from PacerMonitor.com.
About Seven Rivers Leasing Corporation
Seven Rivers Leasing Corporation, Inc. is primarily engaged in
renting and leasing real estate properties.
Seven Rivers filed Chapter 11 petition (Bankr. W.D. Ark. Case No.
24-72084) on December 15, 2024, listing between $10 million and $50
million in assets and between $500,001 and $1 million in
liabilities. The petition was signed by Brenda Sloan as secretary
and treasurer.
Judge Bianca M. Rucker presides over the case.
The Debtor is represented by:
Stanley V. Bond, Esq.
Bond Law Office
Tel: 479-444-0255
Email: attybond@me.com
SHADE STORE: Blue Owl Marks $2.3 Million 1L Loan at 23% Off
-----------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $2,369,000 loan
extended to The Shade Store, LLC to market at $1,823,000 or 77% of
the outstanding amount, according to OBDC's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Revolving Loan
to The Shade Store, LLC. The loan accrues interest at a rate of 6%
per annum. The loan matures on October 2028.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About The Shade Store, LLC
Shade Store is a home decoration products provider. The Company
offers custom shades, blinds, and drapery, as well as provides
design assistance.
SHIVANI CORP: Seeks to Hire Cox Law Group as Bankruptcy Counsel
---------------------------------------------------------------
Shivani Corp. seeks approval from the U.S. Bankruptcy Court for the
Western District of Virginia to hire Cox Law Group, PLLC as
attorneys.
The firm will render these services:
(a) advise the Debtor regarding its powers and duties in the
continued management and operation of the assets of its respective
estates;
(b) advise and consult on the conduct of the case;
(c) attend meetings and negotiate with representatives of the
Debtor's creditors and other parties in interest;
(d) take all necessary action to protect and preserve the
Debtor's estates;
(e) prepare legal papers;
(f) advise the Debtor in connection with any potential sale of
assets;
(g) appear before the court to represent the interests of the
Debtor's estate before the court;
(h) take any necessary action on behalf of the Debtor to
negotiate, prepare on behalf of the Debtor, and obtain approval of
Chapter 11 plan and documents related thereto; and
(i) perform all other necessary or otherwise beneficial legal
services to the Debtor in connection with prosecution of this
case.
The firm will be paid at these rates:
H. David Cox $450 per hour
Other Attorneys $300 per hour
Paralegals $100 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
H. David Cox, Esq., a member at Cox Law Group, disclosed in a court
filing that the firm is a "disinterested person" as that term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
H. David Cox, Esq.
Cox Law Group, PLLC
900 Lakeside Drive
Lynchburg, VA 24501
Tel: (434) 845-2600
Fax: (434) 845-0727
Email: David@coxlawgroup.com
About Shivani Corp.
Shivani Corp. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Vir. Case No. 25-60511) on April 29,
2025, listing between $1 million and $10 million in both assets and
liabilities.
Judge Paul M. Black oversees the case.
The Debtor is represented by H. David Cox, Esq. at Cox Law Group,
PLLC.
SKIN HEALTH: Seeks Subchapter V Bankruptcy in Michigan
------------------------------------------------------
On May 27, 2025, Skin Health Partners LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
Michigan. According to court filing, the Debtor reports between
$100,000 and $500,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Skin Health Partners LLC
Skin Health Partners LLC operating in the skincare or dermatology
services industry.
Skin Health Partners LLCsought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-31145) on May 27,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000 each.
Honorable Bankruptcy Judge Joel D. Applebaum handles the case.
The Debtors are represented by Robert N. Bassel, Esq. at Robert
Bassel, Attorney at Law.
SOLAR EXCLUSIVE: Court OKs Deal to Use JPMorgan's Cash Collateral
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Nevada approved a
stipulation between Solar Exclusive, LLC and JPMorgan Chase Bank,
N.A., authorizing interim use of cash collateral.
The stipulation allows Solar Exclusive to use the lender's cash
collateral until July 1 or until the occurrence of certain events
resulting in the termination of the company's right to use the
collateral.
As protection, JPMorgan will be granted a replacement lien with the
same priority as its pre-bankruptcy lien and will receive a monthly
payment of not less than $8,000.
JPMorgan holds a security interest in substantially all of the
company's assets based on its $500,000 loan to the company. Solar
Exclusive owed the lender $505,183.79 as of the petition date.
JPMorgan is represented by:
Blakeley E. Griffith, Esq.
Snell & Wilmer, L.L.P.
1700 South Pavilion Center Drive, Suite 700
Las Vegas, NV 89135
Telephone: (702) 784-5200
Facsimile: (702) 784-5252
bgriffith@swlaw.com
About Solar Exclusive LLC
Solar Exclusive, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Nev. Case No.
25-10950) on February 21, 2025, listing $100,001 to $500,000 in
assets and $1,000,001 to $10 million in liabilities.
Judge August B. Landis presides over the case.
Matthew C. Zirzow, Esq. at Larson and Zirzow, LLC represents the
Debtor as legal counsel.
SPENCER & ASSOCIATES: Taps Bookkeeping & Beyond as Bookkeeper
-------------------------------------------------------------
Spencer & Associates Therapeutic Alliance, PLLC seeks approval from
the U.S. Bankruptcy Court for the Southern District of Texas to
hire Bookkeeping & Beyond, LLC to provide bookkeeping and tax
preparation services.
The bookkeeper's services will be billed on an hourly basis.
Bookkeeping & Beyond is a "disinterested person" within the meaning
of 11 U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Sandra O. Mendrano
Bookkeeping & Beyond, LLC
99 Detering St., Ste 106
Houston, TX 77007
Tel: (832) 234-2542
Email: sandra@bkby.org
About Spencer & Associates Therapeutic Alliance
Spencer & Associates Therapeutic Alliance, PLLC operates an
outpatient mental health clinic.
Spencer & Associates filed Chapter 11 petition (Bankr. S.D. Texas
Case No. 25-31668) on March 28, 2025, listing up to $500,000 in
assets and up to $10 million in liabilities. Regina Spencer, owner
of Spencer & Associates, signed the petition.
Judge Eduardo V. Rodriguez oversees the case.
Robert C Lane, Esq., at the Lane Law Firm, represents the Debtor as
bankruptcy counsel.
SPENCER & ASSOCIATES: Taps Calloway Stinson & Co. as Accountant
---------------------------------------------------------------
Spencer & Associates Therapeutic Alliance, PLLC seeks approval from
the U.S. Bankruptcy Court for the Southern District of Texas to
hire Calloway, Stinson & Co., PC to provide accounting and tax
services.
The firm requires a retainer in the amount of $1,500.
Calloway, Stinson & Co., PC is a "disinterested person" within the
meaning of 11 U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Jean Calloway, CPA
Calloway, Stinson & Co., PC
8554 Katy Fwy # 110
Houston, TX 77024
Telephone: (713) 468-4133
Facsimile: (713) 468-2580
E-mail: csc@callowaystinson.com
About Spencer & Associates Therapeutic Alliance
Spencer & Associates Therapeutic Alliance, PLLC operates an
outpatient mental health clinic.
Spencer & Associates filed Chapter 11 petition (Bankr. S.D. Texas
Case No. 25-31668) on March 28, 2025, listing up to $500,000 in
assets and up to $10 million in liabilities. Regina Spencer, owner
of Spencer & Associates, signed the petition.
Judge Eduardo V. Rodriguez oversees the case.
Robert C Lane, Esq., at the Lane Law Firm, represents the Debtor as
bankruptcy counsel.
SPLENDIDLY BLENDED: Court Extends Cash Collateral Access to June 11
-------------------------------------------------------------------
Splendidly Blended We, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of Louisiana to use cash
collateral.
The second interim order authorized the company to continue using
cash collateral through June 11 and scheduled a final hearing for
June 11.
The deadline for filing objections is on June 4.
About Splendidly Blended We
Splendidly Blended We, LLC owns and operates a bed and breakfast in
New Orleans, La.
Splendidly Blended We sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-10300) on
February 18, 2025, listing up to $100,000 in assets and up to
$500,000 in liabilities. Mia Weber, managing director of Splendidly
Blended We, signed the petition.
Judge Meredith S. Grabill oversees the case.
Ralph Bickham, Esq., at Bickham Law, represents the Debtor as
bankruptcy counsel.
STAR WELLINGTON: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
Star Wellington, LLC received final approval from the U.S.
Bankruptcy Court for the Southern District of Florida to use cash
collateral.
The final order authorized the company to use cash collateral in
accordance with its budget through the effective date of its
Chapter 11 plan of reorganization.
The court on May 23 confirmed the company's reorganization plan.
About Star Wellington
Star Wellington, LLC operates a restaurant that offers a fusion of
Italian flavors and Franco flair. It is based in Wellington, Fla.
Star Wellington filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. S.D. Fla. Case. No. 24-18574) on August
23, 2024, listing $314,093 in assets and $2,443,171 in liabilities.
Soneet Kapila of Kapila Mukamal serves as Subchapter V trustee.
Judge Mindy A. Mora oversees the case.
The Debtor is represented by Dana L. Kaplan, Esq., at Kelley Kaplan
& Eller, PLLC.
STEVEN LAYNE: Seeks Subchapter V Bankruptcy in Arkansas
-------------------------------------------------------
On May 27, 2025, Steven Layne Properties LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District of
Arkansas. According to court filing, the Debtor reports between
$100,000 and $500,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Steven Layne Properties LLC
Steven Layne Properties LLC is a specialty construction contractor
based in Mansfield, Arkansas.
Steven Layne Properties LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D Ark. Case No.
25-70880) on May 27, 2025. In its petition, the Debtor
reports estimated assets and liabilities between $100,000 and
$500,000 each.
Honorable Bankruptcy Judge Bianca M. Rucker handles the case.
The Debtors are represented by Joel G. Hargis, Esq. at Caddell
Reynolds.
STEWARD HEALTH: Wants to Give Discounts to Top Bankruptcy Creditors
-------------------------------------------------------------------
Soma Biswas of The Wall Street Journal reports that Steward Health
Care System is seeking court approval to pay certain high-priority
creditors—such as vendors and taxing authorities -- no more than
50% of what they're owed for goods and services provided during the
company's bankruptcy.
In its proposed Chapter 11 reorganization plan, Steward
acknowledges it doesn't have sufficient funds to meet its full
payment obligations for administrative expenses, which are
typically required to be paid in full under bankruptcy law for
services rendered after a filing.
To address the shortfall, Steward has introduced a "consent
program" offering a total of $12.5 million to cover approximately
$127 million in administrative claims. Creditors who agree to a
discounted repayment could receive up to half of what they're owed,
while those who hold out for full repayment may receive a smaller
share of what remains.
The proposal is facing resistance from creditors and government
officials. The U.S. Trustee has urged the court to convert the case
to Chapter 7 liquidation, warning that continued proceedings will
only drive up legal and advisory fees, which are projected to
exceed $100 million.
Vendors, including Sodexo -- which says it's owed over $4 million
-- and the state of Massachusetts, which claims nearly $20 million
in unpaid taxes, have also opposed the plan. On Monday, May 26,
2025, Steward contested Massachusetts' demand, arguing the taxes
shouldn't qualify as priority administrative claims.
Critics argue that while bankruptcy attorneys and financial
advisers are on track to be paid in full, essential vendors who
kept Steward's operations running during bankruptcy are being
unfairly underpaid.
Similar outcomes have been seen in other major Chapter 11 cases,
where vendors were left with significant losses while professional
fees were fully covered.
In a bid to raise additional funds, Steward's senior
lenders—including Brigade Capital Management and Owl Creek Asset
Management—have agreed to lend the company $125 million to
finance litigation efforts. These lenders, still owed about $248
million, stand to benefit from any legal recoveries.
Steward anticipates securing hundreds of millions of dollars
through lawsuits related to disputed payments from insurers,
property damage, and business interruption at a flood-damaged
Massachusetts hospital. It has also identified potential claims
worth over $1 billion against insiders.
Those not shielded from future litigation include Steward’s
founder and former CEO Ralph de la Torre and his affiliated
companies, which profited from business dealings with the hospital
chain. Cerberus Capital Management, Steward’s former private
equity owner that collected substantial dividends, is also listed
as a potential target.
About Steward Health Care
Steward Health Care System, LLC, owns and operates the largest
private physician-owned for-profit healthcare network in the U.S.
Headquartered in Dallas, Texas, Steward's operations include 31
hospitals in eight states, approximately 400 facility locations,
4,500 primary and specialty care physicians, 3,600 staffed beds,
and nearly 30,000 employees. Steward Health Care provides care to
more than two million patients annually.
Steward and 166 affiliated debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90213) on May 6, 2024. Judge
Christopher M. Lopez oversees the proceeding.
The Debtors tapped Weil, Gotshal & Manges, LLP as bankruptcy
counsel; McDermott Will & Emery as special corporate and regulatory
counsel; AlixPartners, LLP as financial advisor and John Castellano
of AlixPartners as chief restructuring officer. Lazard Freres & Co.
LLC, Leerink Partners LLC, and Cain Brothers, a division of KeyBanc
Capital Markets Inc., provide investment banking services to the
Debtors. Kroll is the claims agent.
Susan N. Goodman has been appointed as patient care ombudsman in
the Debtors' Chapter 11 cases.
STS RENEWABLES: June 13 Chapter 15 Recognition Hearing Set
----------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware scheduled a
hearing on June 13, 2025, at 11:00 a.m., (prevailing Eastern Time)
to consider approval of a verified petition seeking recognition of
the Canadian Proceedings as foreign main proceedings under Chapter
15 of the U.S. Bankruptcy Code filed by the foreign representative
for STS Renewables Ltd. and its debtor-affiliates. Objections to
the approval of the request of the Debtors' foreign representative,
if any, is June 6, 2025, at 4:00 p.m. (prevailing Eastern Time).
Objections must be filed to:
Pachulski Stang Ziehl & Jones LLP
Attn: Steven Golden
Brooke Wilson
919 North Market Street
17th Floor
Wilmington, Delaware 19801
Based in Ontario, Canada, STS Renewables Ltd. --
https://www.stsusgroup.com/services/renewables/ -- provide
full-service turnkey geothermal heating and cooling to large-scale
buildings.
The Company filed for Chapter 15 on May 15, 2025, (U.S. Bankr. D.
Delaware Lead Case No. 25-10884).
Hon. Karen B Owens presides over the Debtors' bankruptcy cases.
STS Renewables Ltd. is the foreign representative. Ontario
Superior Court of Justice (Commercial List), Court File No.
CV-25-00743275-00CL.
Steven W. Golden, Esq., Colin R. Robinson, Esq., and Brooke E.
Wilson, Esq., of Pachulski Stang Ziehl & Jones LLP, is the Foreign
Representative's Counsel.
The Debtors listed both estimated assets and debts at Unknown.
SWEET TRUCKING: Seeks to Use Cash Collateral
---------------------------------------------
Sweet Trucking Co., LLC filed with the U.S. Bankruptcy Court for
the Eastern District of Tennessee, Northern Division, an amended
motion seeking authority to use cash collateral.
Keystone Financials, App Funding Beta, and EBF Holdings (doing
business as Everest Business Funding) assert interests in the cash
collateral.
The Debtor entered into financing agreements with each of these
entities in 2024, granting them security interests in its accounts
receivable, which were perfected by UCC-1 filings.
While the Debtor does not concede the validity or extent of these
interests, it sought court approval to use the receivables in order
to maintain operations. To do so, it proposed to make structured
weekly payments: $600 per week to Keystone, $610.84 per week to App
Funding (for 26 weeks), and $2,276.90 per week to EBF (for six
weeks), with each creditor consenting to this arrangement whether
their interest is ownership or merely a secured claim. App Funding
and EBF have also agreed to a clawback provision, allowing recovery
of any payments if required under bankruptcy law.
The Debtor argued this relief is essential to preserve operations;
pay for fuel, labor, equipment and materials; and maintain revenue
necessary for an effective reorganization.
The Debtor previously received interim approval to use cash
collateral until June 3 to fund business operations based on an
approved budget.
The interim order issued on May 13 directed the Debtor to deposit
weekly into counsel's trust account the following amounts: (i)
Keystone, $600; (ii) App Funding, $1,498.75; and (iii) EBF,
$2,276.90, to be distributed as approved by further order or under
a confirmed Chapter 11 plan.
About Sweet Trucking Co.
Sweet Trucking Co., LLC is a family-owned transportation company
based in Knoxville, Tennessee, specializing in hauling heavy
equipment locally and across state lines. The Company operates a
fleet of trucks, tractors, and trailers and employs a team of
drivers to manage logistics and transport. It provides various
trailer types, including flatbeds, lowbeds, and gooseneck trailers,
serving construction and industrial clients.
Sweet Trucking Co. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bank. E.D. Tenn. Case No. 25-30765) on April 21,
2025, listing $1,293,647 in assets and $1,471,498 in liabilities.
Gary Wayne Sweet, Jr., managing member of Sweet Trucking Co.,
signed the petition.
Judge Suzanne H. Bauknight oversees the case.
Keith Edmiston, Esq., at Clark & Washington, PC represents the
Debtor as legal counsel.
SYNTHEGO CORP: Seeks to Hire Fenwick & West LLP as Special Counsel
------------------------------------------------------------------
Synthego Corporation seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Fenwick & West LLP as special
corporate counsel.
The professional services that Fenwick has rendered and may
continue to render shall include:
(i) corporate governance advice;
(ii) securities law advice, including review of filings with
the SEC;
(iii) potential corporate financings, including DIP loan
arrangements;
(iv) ongoing FINRA investigations;
(v) ongoing derivative litigation;
(vi) general employment advice; and
(vii) intellectual property matters, as needed.
The firm will be paid at these rates:
Partners $1,145 to $2,220 per hour
Counsel/Senior Counsel $1,275 to $1,345 per hour
Associates/Staff Attorneys $660 to $1,270 per hour
Paralegals $225 to $685 per hour
Practice Support Professionals $205 to $820 per hour
The firm has received $809,054.03 from the Debtors for professional
fees and expenses incurred prior to the Petition Date, of which
$138,798.78 were advanced as retainers.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
In accordance with Appendix B-Guidelines for Reviewing Applications
for Compensation and Reimbursement of Expenses Filed under 11
U.S.C. Sec. 330 for Attorneys in Larger Chapter 11 Cases, the
following is provided in response to the request for additional
information:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Response: The firm's billing rates have remained substantially
consistent with the billing rates in the Application, subject to
standard annual adjustments at the beginning of 2024.
Question: Has your client approved your prospective budget and
staffing plan, and, if so for what budget period?
Response: The Debtors and the firm have discussed an
anticipated budget for these Chapter 11 Cases.
Ethan A. Skerry, Esq., a partner at Fenwick & West LLP, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Ethan A. Skerry, Esq.
FENWICK & WEST LLP
555 California Street
San Francisco, CA 94104
Tel: (415) 875-2363
About Synthego Corp.
Synthego Corp. supplier of gene-editing tools to drug developers
and researchers.
Synthego Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10823) on May 5, 2025.
In its petition, the Debtor reports estimated assets between $50
million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by James E O'Neill, Esq. at Pachulski
Stang Ziehl & Jones LLP.
Perceptive Credit Holdings III, LP, as DIP Lender, is represented
by:
Christopher M. Samis, Esq.
Brett M. Haywood, Esq.
Shannon A. Forshay, Esq.
POTTER ANDERSON & CORROON LLP
1313 N. Market Street, 6th Floor
Wilmington, DE 19801
Telephone: (302) 984-6000
Facsimile: (302) 658-1192
Email: csamis@potteranderson.com
bhaywood@potteranderson.com
sforshay@potteranderson.com
-- and --
James A. Newton, Esq.
Miranda K. Russell, Esq.
Ilayna Guevrekian, Esq.
MORRISON & FOERSTER LLP
250 West 55th Street
New York, NY 10019-9601
Telephone: (212) 468-8000
Facsimile: (212) 468-7900
Email: jnewton@mofo.com
mrussell@mofo.com
iguevrekian@mofo.com
SYNTHEGO CORP: Seeks to Hire Raymond James as Investment Banker
---------------------------------------------------------------
Synthego Corporation seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Raymond James & Associates,
Inc. as investment banker.
The firm will render these services:
(i) review and analyze the Debtor's business, operations,
properties, financial condition and Interested Parties,
(ii) evaluate the Debtor's debt capacity, including by advising
the Debtor generally as to available financing and assist in the
determination of an appropriate capital structure, (except in
connection with any debtor-in- possession financing provided by
Perceptive)
(iii) evaluate potential Transaction alternatives and
strategies,
(iv) prepare documentation within its area of expertise that is
required in connection with a Transaction,
(v) identify Interested Parties regarding one or more
particular Transactions,
(vi) contact Interested Parties on behalf of the Debtor and
with prior written consent by the Debtor, which Raymond James,
after consultation with the Debtor's management, believes meet
certain industry, financial, and strategic criteria and assist the
Debtor in negotiating and structuring a Transaction, and
(vii) advise the Debtor as to potential Business Combination
Transactions.
Additionally, Raymond James will, as reasonably requested,
(viii) advise the Debtor on tactics and strategies for
negotiating with holders of the Debtor's debt or other claims of
the Debtor ("Stakeholders"),
(ix) advise the Debtor on the timing, nature and terms of any
new securities, other considerations or other inducements to be
offered to its Stakeholders in connection with any Restructuring
Transaction, and
(x) participate in the Debtor's board of directors meetings as
determined by the Debtor to be appropriate, and, upon request,
provide periodic status reports and advice to the board with
respect to matters falling within the scope of Raymond James's
retention (collectively, items (i) through (x), the "Services").
The firm will be paid at these rates:
(a) Monthly Advisory Fee and Database Expense Amount: On the
date of this Agreement and on the first business day of every month
thereafter commencing on May 1, 2025, the Debtor will pay Raymond
James a non-refundable cash retainer (each a "Monthly Advisory
Fee"), at these fees: the first three (3) Monthly Advisory Fees
shall be $100,000 each; and each Monthly Advisory Fee thereafter
shall be $75,000 each. Additionally, the Debtor will pay Raymond
James a flat expense charge of $1,000 for Raymond James's access to
electronic financial databases pertinent to this engagement, upon
the Debtor's signing of this Agreement. The first four Monthly
Advisory Fees received by Raymond James shall be credited in full
against any future Transaction Fees, including any Alternative
Transaction Fee.
(b) Financing Fees:
(i) If, during the Term or the Tail Period, any Financing
Transaction is agreed upon and subsequently Closes (each and any, a
"Financing Closing"), regardless of when such Financing Closing
occurs, whether on a stand-alone basis or to consummate any other
Transaction, the Debtor will pay Raymond James, immediately at the
Financing Closing (time being 'of the essence') and directly out of
the proceeds thereof, as a cost of such Financing Transaction, a
non-refundable cash transaction fee (the "Financing Fee"), at these
rates:
(A) two percent (2.0%) of the Proceeds of all first
lien senior secured notes and bank debt raised;
(B) three percent (3.0%) of the Proceeds of any second
lien or junior debt capital raised, and
(C) six percent (6.0%) of equity or equity-linked
securities raised;
provided, however, that, to the extent the Financing Transaction
includes an uncommitted accordion or similar credit feature, the
Financing Fee for such accordion or similar feature will be payable
upon the commitment of such credit facility or its funding
irrespective of the date of such commitment or funding.
(c) Restructuring Fee: If, during the Term or the Tail Period,
any Restructuring Transaction is agreed upon and subsequently
Closes, or any amendment to or other changes in the instruments or
terms pursuant to which any Existing Obligations were issued or
entered into becomes effective (as applicable, a "Restructuring
Closing"), regardless of when such Restructuring Closing occurs,
the Debtor will pay Raymond James a non-refundable cash transaction
fee of $1,500,000 (the "Restructuring Fee"), as a cost of such
Restructuring Transaction; provided that the Restructuring Fee
shall be reduced to $750,000 following the Closing of any Business
Combination Transaction. For the avoidance of doubt, the Debtor
will pay the Restructuring Fee to Raymond James upon the earlier of
(i) the Closing of any Restructuring Transaction or (ii) the date
on which any amendment to or other changes in the instruments or
terms pursuant to which any Existing Obligations were issued or
entered into became effective (in each case, time being 'of the
essence').
(d) BCT Fee: If, during the Term or the Tail Period, any
Business Combination Transaction is agreed upon and subsequently
Closes (the "BCT Closing"), regardless of when such BCT Closing
occurs, the Debtor will pay Raymond James immediately and directly
out of the proceeds at the BCT Closing, as a cost of such Business
Combination Transaction, a non-refundable cash transaction fee (the
"BCT Fee"), based upon the Business Combination Transaction Value
in such BCT equal to the greater of (i) $1,500,000 and (ii) 3.0% of
the BCTV, provided that the fee shall be $1,500,000 if Perceptive
is the successful bidder in connection with a sale under Section
363 of the Bankruptcy Code and thereafter acquires the assets of
the Debtor.
(e) Alternative Transaction Fee: Notwithstanding the
foregoing, if in lieu of a Business Combination Transaction, during
the Term or the Tail Period, any Alternative Transaction Closes (an
"Alternative Transaction Closing") or is agreed upon and
subsequently Closes (regardless of when such Alternative
Transaction Closing occurs), Raymond James will be paid a customary
advisory fee for transactions of similar size and nature (but in no
event less than $1,500,000), as mutually agreed upon by the Parties
(the "Alternative Transaction Fee") and any reference to a
"Business Combination Transaction" (or "BCT") in this Agreement
(other than under Section 2(d)) above) will be deemed to refer to
such Alternative Transaction. Should one or more Alternative
Transactions be agreed upon or Close within the Term or the Tail
Period that, together with the previously agreed-upon or Closed
Alternative Transaction, constitutes in the aggregate a Business
Combination Transaction, an additional fee will be payable to the
extent that the BCT Fee is greater than the previously paid
Alternative Transaction Fee, provided, however, that in no event
will the total Alternative Transaction Fees be greater than the
Business Transaction Fee.
(f) Transaction Qualifying Under Multiple Definitions /
Transaction Fees on Multiple Transactions: (i) If a single
Transaction hereunder qualifies as more than one type of
Transaction, then (A) only one Transaction Fee shall be payable in
connection therewith, and (B) such Transaction Fee shall be the
largest of whatever amount is calculated under each of such
Transactions. (ii) Subject to the preceding clause (i) while
limited by the proviso below, if there are multiple, discrete,
separate Transactions hereunder (whether Closed simultaneously or
at different times), a separate Transaction Fee shall be payable in
connection with each separate Transaction regardless of whether it
meets the same definition of any other Transaction being Closed;
provided that the Parties acknowledge that there can be only one
BCT and only one BCT Fee. (iii) For the avoidance of doubt, Raymond
James shall not be entitled to a Transaction Fee for a Transaction
consummated or entered into during the Tail Period if Raymond James
previously has been paid a BCT Fee or a Restructuring Fee.
As disclosed in a court filing, Raymond James & Associates is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Geoffrey Richards
Raymond James & Associates, Inc.
880 Carillon Parkway
St. Petersburg, FL 33716
Tel: (727) 567-1000
About Synthego Corp.
Synthego Corp. supplier of gene-editing tools to drug developers
and researchers.
Synthego Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10823) on May 5, 2025.
In its petition, the Debtor reports estimated assets between $50
million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by James E O'Neill, Esq. at Pachulski
Stang Ziehl & Jones LLP.
Perceptive Credit Holdings III, LP, as DIP Lender, is represented
by:
Christopher M. Samis, Esq.
Brett M. Haywood, Esq.
Shannon A. Forshay, Esq.
POTTER ANDERSON & CORROON LLP
1313 N. Market Street, 6th Floor
Wilmington, DE 19801
Telephone: (302) 984-6000
Facsimile: (302) 658-1192
Email: csamis@potteranderson.com
bhaywood@potteranderson.com
sforshay@potteranderson.com
-- and --
James A. Newton, Esq.
Miranda K. Russell, Esq.
Ilayna Guevrekian, Esq.
MORRISON & FOERSTER LLP
250 West 55th Street
New York, NY 10019-9601
Telephone: (212) 468-8000
Facsimile: (212) 468-7900
Email: jnewton@mofo.com
mrussell@mofo.com
iguevrekian@mofo.com
SYNTHEGO CORP: Taps Allen Soong of Paladin Management as CRO
------------------------------------------------------------
Synthego Corporation seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Paladin Management Group, LLC
and designate Allen Soong as the chief restructuring officer.
The firm will render these services:
a. assist in preparing and updating liquidity projections,
payment prioritization, and vendor rationalization;
b. prepare Schedules of Assets and Liabilities, Statements of
Financial Affairs, Monthly Operating Reports, and other filings
that may be appropriate or required in connection with the Chapter
11 Case;
c. if required, assist in preparing a Key Employee Incentive
Plan or a Key Employee Retention Plan;
d. assist in the administration of the Chapter 11 Case and
assist with any negotiations and other interactions with the
Debtor's stakeholders and their respective advisors in connection
with the Chapter 11 Case;
e. serve as a witness or otherwise as a representative for the
Debtor in connection with the Chapter 11 Case;
f. assist with the preparation of financial forecasts and
reports that may be required by the Debtor's board of directors,
lenders, and stakeholders;
g. assist with strategic communications and negotiations with
the Debtor's lenders, significant vendors, and other stakeholders;
and
h. provide such further advice and support that are conducive
to the above or as the parties otherwise agree.
The current standard hourly rates of Paladin's professionals range
from $450 to $975. The CRO's rate will be $850 per hour.
Allen Soong, managing partner of Paladin Management Group, LLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Allen Soong
Paladin Management Group
633 W. 5th Street, 26th Floor
Los Angeles, CA 90071
Tel: (310) 720-1326
Email: asoong@paladinmgmt.com
About Synthego Corp.
Synthego Corp. supplier of gene-editing tools to drug developers
and researchers.
Synthego Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10823) on May 5, 2025.
In its petition, the Debtor reports estimated assets between $50
million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by James E O'Neill, Esq. at Pachulski
Stang Ziehl & Jones LLP.
Perceptive Credit Holdings III, LP, as DIP Lender, is represented
by:
Christopher M. Samis, Esq.
Brett M. Haywood, Esq.
Shannon A. Forshay, Esq.
POTTER ANDERSON & CORROON LLP
1313 N. Market Street, 6th Floor
Wilmington, DE 19801
Telephone: (302) 984-6000
Facsimile: (302) 658-1192
Email: csamis@potteranderson.com
bhaywood@potteranderson.com
sforshay@potteranderson.com
-- and --
James A. Newton, Esq.
Miranda K. Russell, Esq.
Ilayna Guevrekian, Esq.
MORRISON & FOERSTER LLP
250 West 55th Street
New York, NY 10019-9601
Telephone: (212) 468-8000
Facsimile: (212) 468-7900
Email: jnewton@mofo.com
mrussell@mofo.com
iguevrekian@mofo.com
SYNTHEGO CORP: Taps Epiq Corporate as Administrative Advisor
------------------------------------------------------------
Synthego Corporation seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Epiq Corporate Restructuring,
LLC as administrative advisor.
The firm will render these services:
(a) assist with solicitation, balloting and tabulation of
votes, and prepare any related reports;
(b) prepare an official ballot certification and, if
necessary, testify in support of the ballot tabulation results;
(c) assist with preparing and gathering information for the
Debtors' schedules of assets and liabilities and statements of
financial affairs;
(d) provide a confidential data room, if requested;
(e) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(f) provide such other processing, solicitation, balloting and
other administrative services described in the Engagement
Agreement.
The hourly rates of the firm's professionals are:
IT/Programming $45 - $70
Case Managers $85 - $170
Project Managers/Consultants/Directors $170 - $185
Solicitation Consultant $190
Executive Vice President, Solicitation $190
In addition, the firm will seek reimbursement for out-of-pocket
expenses incurred.
Epiq shall receive a retainer in the amount of $20,000.
Kathryn Tran, a consulting director at Epiq Corporate
Restructuring, disclosed in a court filing that the firm is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Kathryn Tran
Epiq Corporate Restructuring, LLC
777 Third Avenue, 12th Floor
New York, NY 10017
Tel: (714) 394-6998
Email: ktran@epiqglobal.com
About Synthego Corp.
Synthego Corp. supplier of gene-editing tools to drug developers
and researchers.
Synthego Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10823) on May 5, 2025.
In its petition, the Debtor reports estimated assets between $50
million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by James E O'Neill, Esq. at Pachulski
Stang Ziehl & Jones LLP.
Perceptive Credit Holdings III, LP, as DIP Lender, is represented
by:
Christopher M. Samis, Esq.
Brett M. Haywood, Esq.
Shannon A. Forshay, Esq.
POTTER ANDERSON & CORROON LLP
1313 N. Market Street, 6th Floor
Wilmington, DE 19801
Telephone: (302) 984-6000
Facsimile: (302) 658-1192
Email: csamis@potteranderson.com
bhaywood@potteranderson.com
sforshay@potteranderson.com
-- and --
James A. Newton, Esq.
Miranda K. Russell, Esq.
Ilayna Guevrekian, Esq.
MORRISON & FOERSTER LLP
250 West 55th Street
New York, NY 10019-9601
Telephone: (212) 468-8000
Facsimile: (212) 468-7900
Email: jnewton@mofo.com
mrussell@mofo.com
iguevrekian@mofo.com
SYNTHEGO CORP: Taps Pachulski Stang Ziehl & Jones as Counsel
------------------------------------------------------------
Synthego Corporation seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Pachulski Stang Ziehl & Jones
LLP as counsel.
The firm will render these services:
(a) assist, advise, and represent the Debtors in their
consultations with estate constituents regarding the administration
of these Chapter 11 cases;
(b) assist, advise, and represent the Debtors in any manner
relevant to their financing needs, asset dispositions, and leases
and other contractual obligations;
(c) assist, advise, and represent the Debtors in any issues
associated with their acts, conduct, assets, liabilities, and
financial condition;
(d) assist, advise, and represent the Debtors in the
negotiation, formulation, and drafting of any plan of
reorganization and disclosure statement;
(e) assist, advise, and represent the Debtors in the
performance of their duties and the exercise of their powers under
the Bankruptcy Code, the Bankruptcy Rules, and any applicable local
rules and guidelines; and
(f) provide such other necessary advice and services as the
Debtors may require in connection with these Chapter 11 cases.
The firm's counsel will be paid at these hourly rates:
Partners $1,150 to $2,350 per hour
Counsel $1,050 to $1,850 per hour
Associates $725 to $1,225 per hour
Paralegals $595 to $650 per hour
In addition, the firm will seek reimbursement to expenses
incurred.
The firm received payments from the Debtor during the year prior to
the petition date in the amount of $875,000.
The firm provided the following information in response to the
request for additional information set forth in Paragraph D.1 of
the Fee Guidelines.
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No.
Question: Do any of the professionals included in this engagement
vary their rate based on the geographic location of the bankruptcy
case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments or
discounts offered during the 12 months prepetition. If your billing
rates and material financial terms have changed post-petition,
explain the difference and the reasons for the difference.
Response: The material financial terms for the prepetition
engagement remained the same as the engagement was hourly-based.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: The Debtor and the firm have discussed an anticipated
budget for this Case.
Debra Grassgreen, Esq., a partner with the law firm of Pachulski
Stang Ziehl & Jones LLP, disclosed in a court filing that the firm
is a "disinterested person" as the term is defined in Section
101(14) of the Bankruptcy Code.
The firm can be reached through:
Debra I. Grassgreen, Esq.
Maxim B. Litvak, Esq.
Malhar S. Pagay, Esq.
James E. O'Neill, Esq.
PACHULSKI STANG ZIEHL & JONES LLP
919 North Market Street, 17th Floor
P.O. Box 8750
Wilmington, DE 19899-8705
Tel: (302) 652-4100
Fax: (302) 652-4400
Email: dgrassgreen@pszjlaw.com
mlitvak@pszjlaw.com
mpagay@pszjlaw.com
joneill@pszjlaw.com
About Synthego Corp.
Synthego Corp. supplier of gene-editing tools to drug developers
and researchers.
Synthego Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10823) on May 5, 2025.
In its petition, the Debtor reports estimated assets between $50
million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by James E O'Neill, Esq. at Pachulski
Stang Ziehl & Jones LLP.
Perceptive Credit Holdings III, LP, as DIP Lender, is represented
by:
Christopher M. Samis, Esq.
Brett M. Haywood, Esq.
Shannon A. Forshay, Esq.
POTTER ANDERSON & CORROON LLP
1313 N. Market Street, 6th Floor
Wilmington, DE 19801
Telephone: (302) 984-6000
Facsimile: (302) 658-1192
Email: csamis@potteranderson.com
bhaywood@potteranderson.com
sforshay@potteranderson.com
-- and --
James A. Newton, Esq.
Miranda K. Russell, Esq.
Ilayna Guevrekian, Esq.
MORRISON & FOERSTER LLP
250 West 55th Street
New York, NY 10019-9601
Telephone: (212) 468-8000
Facsimile: (212) 468-7900
Email: jnewton@mofo.com
mrussell@mofo.com
iguevrekian@mofo.com
SYSOREX GOVERNMENT: Gov't Contractor Seeks Speedy $2.3MM DIP Loan
-----------------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that Sysorex
Government Services Inc., a technology contractor, has asked a New
York bankruptcy judge to authorize a $2.3 million
debtor-in-possession loan from its accounts receivable lender,
stating the funding is critical to maintaining its contract with
the U.S. Department of Agriculture.
About Sysorex Government Services Inc.
Sysorex Government Services, Inc. is a government IT solutions
provider in Herndon, Va.
Sysorex filed Chapter 11 petition (Bankr. S.D. N.Y. Case No.
25-10920) on May 5, 2025, listing up to $10 million in assets and
up to $50 million in liabilities. A. Zaman Khan, president of
Sysorex, signed the petition.
Judge John P. Mastando III oversees the case.
Ralph E. Preite, Esq., at Cullen and Dykman LLP, represents the
Debtor as legal counsel.
T14-15 LLC: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------
Debtor: T14-15, LLC
5237 Isleworth County Club Drive
Windermere, FL 34786
Case No.: 25-03231
Business Description: T14-15, LLC qualifies as a single asset real
estate entity under 11 U.S.C. Section
101(51B), holding a special warranty deed
for two vacant commercial parcels -- Parcel
ID 20-22-28-0000-00-015 and Parcel B ID 20-
22-28-0000-00-082 -- located on Maine Street
in Ocoee, Florida 34761. The properties are
situated within a commercial development
zone, and the Debtor values its interest in
the land at $11.25 million.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Judge: Hon. Lori V Vaughan
Debtor's Counsel: Jonathan M. Sykes, Esq.
NARDELLA & NARDELLA, PLLC
135 W. Central Blvd
Suite 300
Orlando, FL 32801
Tel: 407-966-2680
Email: jsykes@nardellalaw.com
Total Assets: $11,250,000
Total Liabilities: $7,633,560
The petition was signed by David Townsend as CEO.
The Debtor has confirmed in the petition that there are no
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7K6D45A/T14-15_LLC__flmbke-25-03231__0001.0.pdf?mcid=tGE4TAMA
TEAK DECK: Amends JP Morgan Secured Claim Pay Details
-----------------------------------------------------
Teak Deck Company submitted a First Amended Subchapter V Plan dated
May 7, 2025.
Founded in 1996 by Juha Tuomela, the Debtor's business started
marine woodworking projects from cabinetry to general woodworking.
Class I consists of the claim of JP Morgan Chase Bank NA. JP
Morgqan made a loan to the Debtor in the amount of $150,000. This
was after a secured lien filing by the Small Business
Administration ("SBA") which agreed to subordinate its lien. Ergo,
Chase is the first position and sole secured creditor in this case.
The outstanding balance on the Chase loan as of the date of filing
was $151,651.14. The value of its collateral interests is in
dispute; however, the Debtor has agreed to a secured claim of
$130,000 to be amortized over 108 months bearing simple interest at
the rate of 6% representing payments of $1,560.75 per month to be
paid monthly commencing on the first day of the month following the
effective date.
The remaining balance of the Chase loan, in the sum of $21,651.14
will be treated as an unsecured claim. Past paid or due adequate
protection payments during the pendency of the case, but prior to
the effective date of the Plan, will not reduce the value of
principal amount of the secured claim. All terms of the loan
documents between the Debtor and Chase shall remain in full force
and effect unless expressly modified under this Class 1 treatment.
Like in the prior iteration of the Plan, unsecured claims in Class
IV are estimated to be approximately $616,000, but is subject to
change as the various claims objections pending in this case are
adjudicated. Unsecured creditors shall be paid an unsecured
dividend and shall receive a collective dividend of $750 per month
but to be distribute quarterly, for a period of 20 calendar
quarters, and commencing with first payment on the first day of the
first calendar quarter following the effective date of the plan.
The dividend shall be pro-rated such that each unsecured creditor
shall be paid in proportion that each creditor's allowed claim
amount is to the total amount of allowed unsecured claims. Based on
the total proposed dividend, and the anticipated collective body of
allowed claims, the unsecured creditors will be receiving an
estimated dividend of approximately 7.31%.
A full-text copy of the First Amended Subchapter V Plan dated May
7, 2025 is available at https://urlcurt.com/u?l=sXZqtS from
PacerMonitor.com at no charge.
About Teak Deck Co.
Teak Deck Co. sells retail deck products and installs teak
decking.
Teak Deck filed a Chapter 11 petition (Bankr. S.D. Fla. Case No.
25-10818) on Jan. 27, 2025, listing between $50,001 and $100,000 in
assets and between $1 million and $10 million in liabilities. Carol
Fox of GlassRatner serves as Subchapter V trustee.
Judge Mindy A. Mora presides over the case.
Julianne R. Frank, Esq., is the Debtor's legal counsel.
TECHNO TOY: Hires Farsad Law Office as General Bankruptcy Counsel
-----------------------------------------------------------------
Techno Toy Tuning LLC seeks to hire the U.S. Bankruptcy Court for
the Eastern District of California to hire Farsad Law Office, P.C.
as general bankruptcy counsel.
The firm's services include:
a. advising the Debtor with respect to the powers and duties
as Debtor-in-Possession in the continued operation of the business
and management of the Debtor's property;
b. taking necessary action to avoid any liens against the
Debtor's property, if needed;
c. assisting, advising and representing the Debtor in
consultations with creditors regarding the administration of this
case, including the creditors holding liens on the property;
d. advising and taking any action to stay foreclosure
proceedings against any of Debtor's property, specifically the
Property discussed above;
e. preparing on behalf of the applicants as
Debtor-in-possession necessary applications, answers, orders,
reports and other legal papers
f. preparing on behalf of the applicants as
Debtor-in-possession a disclosure statement, a plan of
reorganization, and representing the Debtor at any hearing to
approve the disclosure statement and to confirm the plan of
reorganization;
g. assisting, advising and representing the Debtor in any
manner relevant to a review of any contractual obligations, and
asset collection and dispositions;
h. preparing documents relating to the disposition of assets;
i. advising the Debtor on finance and finance-related matters
and transactions and matters relating to the sale of the Debtor's
assets;
j. assisting, advising and representing the Debtor in any
issues associated with the acts, conduct, assets, liabilities and
financial condition of the Debtor, and any other matters relevant
to this case or to the formulation of plan(s) of reorganization;
k. assisting, advising and representing the Debtor in the
negotiation, formulation, preparation and submission of any plan(s)
or reorganization and disclosure statement(s);
l. providing other necessary advice and services as the Debtor
may require in connection with this case, including advising and
assisting the Debtor with respect to resolving disputes with any
creditor that may arise.
m. preparing status conference statements, and appearing at
all court hearings as necessary, including status conference
hearings before the court; and
n. obtaining the necessary approval from the Court for
Approval of Disclosure Statement and soliciting ballots as
necessary for plan confirmation.
The firm will be paid at these rates:
Arasto Farsad $400 per hour
Nancy Weng $400 per hour
Paralegals $100 per hour
The firm will be paid a retainer in the amount of $25,000, plus the
Chapter 11 filing fee of $1,738.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Arasto Farsad, Esq., a partner at Farsad Law Office, P.C.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Arasto Farsad, Esq.
Nancy Weng, Esq.
Farsad Law Office, P.C.
1625 The Alameda, Suite 525
San Jose CA 95126
Tel: (408) 641-9966
Fax: (408) 866-7334
Email: farsadlaw1@gmail.com
About Techno Toy Tuning LLC
Techno Toy Tuning LLC designs and manufactures performance parts
for vintage and classic cars, specializing in modifications for
brands such as Toyota, Datsun/Nissan, Mazda, Mitsubishi, Lotus,
BMW, Chevrolet, and Ford. Founded by a pair of automotive
enthusiasts, the Company initially began with a custom short shift
kit for an AE86 Corolla, which led to the creation of the brand.
Over time, Techno Toy Tuning's products have evolved through
customer feedback, with many parts developed in response to
requests from dedicated car enthusiasts working on rare or obscure
vehicles.
Techno Toy Tuning LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-22317)
on May 10, 2025. In its petition, the Debtor reports total assets
of $398,243 and total liabilities of $2,538,539.
Honorable Bankruptcy Judge Christopher M. Klein handles the case.
The Debtors are represented by Arasto Farsad, Esq. at FARSAD LAW
OFFICE, P.C.
TLC MEDICAL: Court Extends Cash Collateral Access to Aug. 12
------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida
issued its seventh interim order allowing TLC Medical Group, Inc.
to continue using cash collateral.
The seventh interim order signed by Judge Mindy Mora approved the
use of cash collateral to pay the company's expenses for the period
from May 15 to Aug. 12 in accordance with its budget. The budget
shows $68,822.52 in total expenses.
TLC is prohibited from using cash collateral for purposes outside
of the approved budget.
As protection, secured creditors will be granted replacement liens
on TLC's assets in case of any diminution in the value of their
collateral.
The next hearing is scheduled for Aug. 12.
About TLC Medical Group Inc.
TLC Medical Group, Inc. provides diagnosis and treatment of heart
and circulatory disorders. It is based in Port St. Lucie, Fla.
TLC sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 24-21588) on November 4, 2024, with
total assets of $1,905,679 and total liabilities of $2,093,600.
Anthony Lewis, president of TLC, signed the petition.
Judge Mindy A. Mora handles the case.
The Debtor is represented by Susan D. Lasky, Esq.
TREESAP FARMS: Gets Court Okay to Get Chapter 11 Liquidation Votes
------------------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that on
Wednesday, a Texas bankruptcy judge granted landscape plant grower
TreeSap Farms permission to seek creditor approval for its Chapter
11 liquidation plan, following the recent $88 million cash sale of
its assets to an entity controlled by its CEO.
About Treesap Farms
TreeSap Farms LLC is a leading supplier of trees and plants to home
improvement retailers.
TreeSap Farms LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90021) on February
24, 2025. In its petition, the Debtor disclosed estimated assets
and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor tapped McKool Smith, Esq., as counsel and Donlin, Recano
& Company, LLC as claims, noticing and solicitation agent.
TRIPLE-G-GUNITE: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Triple-G-Gunite, Inc.
DBA Triple G Gunite Inc
DBA Triple G Gunite
DBA Triple-G-Gunite
DBA TripleGGunite
9307 Elder Creek Road
Sacramento, CA 95829
Case No.: 25-22625
Business Description: Triple-G-Gunite, Inc. specializes in gunite
application, providing custom concrete
solutions for residential, commercial, and
industrial projects in Sacramento and
surrounding areas. The Company offers
services including pool and spa
construction, erosion control, and
structural foundations, using shotcrete and
advanced techniques. It partners with
homeowners, contractors, and developers to
deliver durable and tailored concrete
structures.
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Eastern District of California
Judge: Hon. Christopher M Klein
Debtor's Counsel: Gabriel E. Liberman, Esq.
LAW OFFICES OF GABRIEL LIBERMAN, APC
1545 River Park Drive., Ste 530
Sacramento, CA 95815
Tel: 916-485-1111
Email: attorney@4851111.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Christopher D. Gunn as secretary.
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/U4JPLNY/Triple-G-Gunite_Inc__caebke-25-22625__0001.0.pdf?mcid=tGE4TAMA
TRIPLETT FUNERAL: Court OKs Limited Use of Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Missouri,
Northern Division issued its second interim order authorizing
Triplett Funeral Homes, LLC limited use of cash collateral.
The second interim order allowed Edwin Wilson, the receiver
appointed in Triplett's Chapter 11 case by the Circuit Court of
Clark County, Missouri, to continue making payments on behalf of
the company until a Chapter 11 trustee is appointed in the case.
The order temporarily modified the automatic stay under Section 362
of the Bankruptcy Code to allow the payments.
About Triplett Funeral Homes
Triplett Funeral Homes, LLC, a company in Kahoka, Mo., is a locally
owned and operated funeral service provider dedicated to offering
compassionate services and personalized care to families during
their time of need.
Triplett Funeral Homes sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Miss. Case No. 25-20049) on March 27,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Kathy A. Surratt-States oversees the case.
The Debtor is represented by Fredrich J. Cruse, Esq., at Cruse
Chaney-Faughn.
TROLLMAN ENTERPRISES: To Sell Fenton Property to Seven Lakes
------------------------------------------------------------
Trollman Enterprises LLC seeks permission from the U.S. Bankruptcy
Court for the Eastern District of Michigan, Southern Division, to
sell Assets, free and clear of claims, interests, and encumbrances.
The Debtor's real property is located at 1005 Hartland Road,
Fenton, Michigan.
A related entity, Seven Lakes Enterprises LLC, owns all of the
personal property at the Hardland Road location and operates a gas
statin and convenience store at the location.
The Debtor and the related entity enter into a purchase agreement
for the sale of the Property with the total price of $685,000.
Real Property $650,000
Personal Property $335,000
Dort Financila Credit Union is the lienholder on both the real
estate owned by the Debtor and the personal property owned by the
related entity to secure its loan balance of approximately
$400,000.
The Debtor believes that the sale of the Asset to the Purchaser
will enable the Debtor to obtain the highest and best offer for the
Asset and is in the best interests of the Debtor, its estate, and
creditors.
About Trollman Enterprises LLC
Trollman Enterprises LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mich. Case No. 24-32448) on December
30, 2024. In its petition, the Debtor reports estimated assets
between $500,000 and $1 million and estimated liabilities between
$100,000 and $500,000.
Honorable Bankruptcy Judge Joel D. Applebaum handles the case.
The Debtor is represented by George E. Jacobs, Esq., at Bankruptcy
Law Offices.
UMA ENTERPRISES: Public Sale Auction Set for May 28
---------------------------------------------------
TTGA SBIC Pioneer Fund I LLP, as administrative agent, collateral
agent and lender to UMA Enterprises Holdings Inc. and UMA
Enterprises Inc. ("borrower") intends to sell, or cause to be sold
at a public sale the assets of the borrower on May 28, 2025, at
10:00 a.m. Eastern at the offices of Vorys, Sater, Seymour and
Pease LLP, 200 Public Square 1400, Cleveland, Ohio 44114, or via
videoconference or telephonically.
The sale is subject to a bid procedures.
The prospective bidders must enter into a confidentiality agreement
prior to receiving any due diligence materials or the bid
procedures or participating and bidding at the sale.
Potential bidders must contact Candlewood Partners, attn: Glenn C.
Pollack at gcp@candlewoodpartners.com, or Natan D. Milgrom at
ndm@candlewoodpartners.com for confidentiality agreement, the
bidding procedures and access to due diligence materials.
UNITED TALENT: S&P Rates $1.18BB First-Lien Facilities 'B+'
-----------------------------------------------------------
S&P Global Ratings assigned its 'B+' rating to United Talent Agency
LLC's (UTA) proposed $1.18 billion first-lien term facilities
comprising a $927.5 million term loan (due 2032) and a $255 million
revolving credit facility (due 2030). UTA plans to use the proceeds
to repay its existing term loan ($927.5 outstanding as of March 31,
2025) and revolving credit facility ($25 million outstanding as of
March 31, 2025).
S&P said, "Our 'B+' issuer credit rating and stable outlook on UTA
are unaffected. The transaction extends the maturities on the
company's revolving credit facility and term loan by five and seven
years, respectively. The transaction also included amendments to
increase the maximum consolidated senior secured net leverage ratio
covenant to 7.0x (compared with 4.5x previously) and increased the
testing threshold to 40% (from 35% previously). We view the
refinancing transaction as credit neutral based on the total amount
of debt outstanding remaining unchanged."
Post-strike recovery in production volumes have been slower than
forecasted over the last 12 months, which has largely impacted all
talent agencies including UTA. S&P said, "However, the pace of
production has been steadily increasing since the second half of
2024, which has contributed to UTA's sequentially stronger
operating performance that we expect will continue for the
remainder of 2025." In addition, the company's sports and digital
talent segments reported strong growth in the first quarter of
2025, with sports benefitting from recent acquisitions (i.e., ROOF
in June 2024) as well as higher signing bonus commissions for
football player contracts compared with the prior-year period, with
continued strong demand for brand deals across new talent signees
and as new podcast deals drive growth in its creators talent
segment.
S&P said, "Given the slower recovery and the partial-year impact of
the ROOF acquisition in 2024, we anticipate UTA's S&P Global
Ratings-adjusted leverage will remain elevated at about 7.0x as of
March 31, 2025. However, we expect leverage will decline to the
5.0x area over the next 12 months, primarily driven by organic
revenue and EBITDA growth and the full year benefit of ROOF. The
first half of 2025 will also benefit from easier year-over-year
comparisons due to a higher volume of productions, while the full
year will continue to see positive contributions from growth in
creators and sports segments."
Issue Ratings - Recovery Analysis
Key analytical factors
-- S&P's simulated default scenario contemplates a default in 2029
due to a protracted economic downturn that reduces media spending
across UTA's client base, leading to reduced commissions and
revenue, as well as a loss of multiple talent agents and their
clients, who leave UTA to join competing firms.
-- S&P expects UTA's lenders would pursue a reorganization in the
event of a default given the company's position as the
third-largest U.S. talent agency and its recurring revenue
generated from past contracts.
-- UTA's pro forma capital structure will consist of a $255
million revolving credit facility (due in 2030) and a $927.5
million first-lien term loan (due in 2032).
-- The credit facility benefits from the guarantee of the borrower
and all its material subsidiaries. It is secured by a first lien on
all tangible and intangible assets of UTA and material
subsidiaries, including the stock of all subsidiaries.
-- Other default assumptions include an 85% draw on the revolving
credit facility, LIBOR is 2.5%, and all debt amounts include six
months of prepetition interest.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $115 million
-- Implied enterprise value multiple: 6.5x
Simplified waterfall
-- Net enterprise value: $708 million
-- Senior secured debt claims: $1.15 billion
--Recovery expectations: 50%-70% (rounded estimate: 60%)
All debt amounts include six months of prepetition interest.
V850JACKSON LLC: Gets Interim Approval to Use Cash Collateral
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division granted V850Jackson, LLC interim authorization to
use cash collateral.
The interim order authorized the company to use Huntington National
Bank's cash collateral to pay its operating expenses consistent
with its budget.
As protection, Huntington will receive post-petition liens on the
company's personal property and proceeds, with the same priority
and validity as its pre-bankruptcy liens.
The bank will also be granted an administrative claim under Section
507 for any decrease in value of its collateral during the pendency
of V850Jackson's Chapter 11 case.
The next hearing is scheduled for June 4.
About V850Jackson LLC
V850Jackson, LLC is engaged in real estate investment and
development. The company focuses on acquiring, managing, and
leasing commercial properties such as office buildings and retail
spaces.
V850Jackson sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 25-06934) on May 5, 2025. In its
petition, the Debtor reported estimated assets between $1 million
and $10 million and estimated liabilities between $10 million and
$50 million.
Judge Janet S. Baer handles the case.
The Debtor is represented by Ariel Weissberg, Esq., at Weissberg
and Associates, Ltd.
VACATION OWNERSHIP: Court OKs Deal to Use Cash Collateral
---------------------------------------------------------
The U.S. Bankruptcy Court for the District of Arizona approved a
stipulation authorizing Vacation Ownership Consultants, LLC to use
the cash collateral of CAN Capital, Inc.
The stipulation allows Vacation Ownership Consultants to use the
secured creditor's cash collateral through the confirmation of a
Chapter 11 plan in accordance with its budget.
As protection, CAN Capital will receive a replacement lien on
revenues generated by Vacation Ownership Consultants after the
petition date.
Under the stipulation, Vacation Ownership Consultants and CAN
Capital agreed on the treatment of the secured creditor's claims in
the yet to be filed Chapter 11 plan of reorganization.
Under the plan, CAN Capital will have an allowed secured claim of
$43,103.76, with an annual interest rate of 7%, and a general
unsecured claim of $41,071.68.
As of the petition date, Vacation Ownership Consultants owed
$84,175.44 under the 2021 Business Loan Agreement it entered into
with WebBank, through its servicer CAN Capital.
About Vacation Ownership Consultants
Vacation Ownership Consultants, LLC filed Chapter 11 bankruptcy
petition (Bankr. D. Ariz. Case No. 25-02295) on March 19, 2025,
listing up to $50,000 in assets and between $500,001 and $1 million
in liabilities.
Judge Brenda K. Martin oversees the case.
The Debtor tapped Allan D. NewDelman, P.C. as legal counsel.
WALKER EDISON: Blue Owl Marks $36.8 Million 1L Loan at 83% Off
--------------------------------------------------------------
Blue Owl Capital Corporation (OBDC) has marked its $71,678,000 loan
extended to Walker Edison Furniture Company LLC to market at
$12,192,000 or 17% of the outstanding amount, according to OBDC's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
OBDC is a participant in a First Loan Senior Secured Revolving Loan
to Walker Edison Furniture Company LLC. The loan accrues interest
at a rate of 6.75% per annum. The loan matures on March 2027.
OBDC is a Maryland corporation formed on October 15, 2015. The
Company's investment objective is to generate current income and to
a lesser extent, capital appreciation by targeting investment
opportunities with favorable risk-adjusted returns. The Company's
investment strategy focuses on primarily originating and making
loans to, and making debt and equity investments in, U.S.
middle-market companies. The Company invests in senior secured or
unsecured loans, subordinated loans or mezzanine loans and, to a
lesser extent, equity and equity-related securities including
warrants, preferred stock and similar forms of senior equity, which
may or may not be convertible into a portfolio company's common
equity.
OBDC is led by Craig W. Packer as Chief Executive Officer and
Director, and Jonathan Lamm as Chief Operating Officer and Chief
Financial Officer.
The Company can be reach through:
Craig W. Packer
Blue Owl Capital Corporation
399 Park Avenue,
New York, NY 10022
Telephone: (212) 419-3000
About Walker Edison Furniture Company LLC
Walker Edison Furniture Company LLC sells furniture online. The
Company offers coffee desks, side tables, bunk and metal beds, home
decor, seating, and other related products.
WAVE ASIAN: Seeks to Hire BransonLaw PLLC as Bankruptcy Counsel
---------------------------------------------------------------
Wave Asian Bistro, LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to hire BransonLaw, PLLC
as counsel.
The firm will render these services:
(a) prosecute and defend any causes of action on behalf of the
Debtor; prepare, on behalf of the Debtor, all necessary legal
papers;
(b) assist in the formulation of a plan of reorganization;
and
(c) provide all other services of a legal nature.
The firm's attorneys and paralegals will be paid at their hourly
rates between $500 to $200 plus out-of-pocket expenses.
BransonLaw received an advance fee of $4,015 for post-petition
services from the Debtor.
Jeffrey Ainsworth, Esq., an attorney at BransonLaw, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jeffrey Ainsworth, Esq.
JACOB D. FLENTKE, Esq.
Flentke Legal Consulting, PLLC, Of Counsel
BransonLaw, PLLC
1501 E. Concord Street
Orlando, FL 32803
Telephone: (407) 894-6834
Email: jeff@bransonlaw.com
jacob@flentkelegal.com
About Wave Asian Bistro
Wave Asian Bistro, LLC filed Chapter 11 petition (Bankr. M.D. Fla.
Case No. 25-02112) on April 11, 2025, listing up to $50,000 in
assets and between $500,001 and $1 million in liabilities.
Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by Jeffrey Ainsworth, Esq. at Bransonlaw,
PLLC.
WAVE SUSHI: Seeks to Hire BransonLaw PLLC as Bankruptcy Counsel
---------------------------------------------------------------
Wave Sushi Maitland, LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to hire BransonLaw, PLLC
as counsel.
The professional services the firm is to render include:
a. prosecute and defend any causes of action on behalf of the
Debtor; prepare, on behalf of the Debtor, all necessary
applications, motions, reports and other legal papers;
b. assist in the formulation of a plan of reorganization;
c. provide all other services of a legal nature.
The firm's attorneys and paralegals will be paid at their hourly
rates between $500 to $200 plus out-of-pocket expenses.
The firm also received an advance fee of $6,758 for post-petition
services from the Debtor.
Jeffrey Ainsworth, Esq., an attorney at BransonLaw, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jeffrey Ainsworth, Esq.
BransonLaw, PLLC
1501 E. Concord Street
Orlando, FL 32803
Telephone: (407) 894-6834
Email: jeff@bransonlaw.com
About Wave Sushi Maitland
Wave Sushi Maitland, LLC filed Chapter 11 petition (Bankr. M.D.
Fla. Case No. 25-02113) on April 11, 2025, listing up to $50,000
in assets and between $500,001 and $1 million in liabilities.
Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by Jeffrey Ainsworth, Esq. at Bransonlaw,
PLLC.
WELCOME GROUP: Seeks to Use Cash Collateral Until Sept. 15
----------------------------------------------------------
Welcome Group 2, LLC and affiliates asked the U.S. Bankruptcy Court
for the Southern District of Ohio, Eastern Division at Columbus for
authority to continue using the cash collateral of RSS WFCM2019-C50
– OH WG2, LLC through Sept. 15.
The court previously approved interim and final orders allowing use
of cash collateral to fund operations, with adequate protection
payments made to the Secured Lender and the U.S. Small Business
Administration. The Debtors have complied with all prior orders and
payments.
The Debtors said continued access to cash collateral is essential
for maintaining operations, paying necessary expenses, and
preserving jobs.
The Debtors proposed a revised budget for the upcoming period,
ensuring adequate protection to the Secured Lender through payments
and replacement liens.
A copy of the motion is available at https://urlcurt.com/u?l=0oRZk6
from PacerMonitor.com.
About Welcome Group 2
Welcome Group 2, LLC, Hilliard Hotels, LLC and Dayton Hotels, LLC
own hotels and are headquartered at 5955 E. Dublin Granville Road,
New Albany, Ohio. Hilliard Hotels owns the Hampton Inn-Sidney, a
Hilton property.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ohio Lead Case No. 23-53043) on Sept.
1, 2023. Judge Mina Nami Khorrami oversees the cases.
At the time of the filing, Welcome Group 2 and Dayton Hotels
disclosed up to $10 million in assets and liabilities while
Hilliard Hotels disclosed between $10,000,001 and $50 million in
assets and liabilities.
Denis E. Blasius, Esq., at Thomsen Law Group, LLC, represents the
Debtors as legal counsel.
Secured lender RSS WFCM2019-C50 - OH WG2, LLC, is represented by
Tami Hart Kirby, Esq., and Walter Reynolds, Esq., at Porter Wright
Morris & Arthur, LLP.
WEST COUNSELING: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
West Counseling, PLLC got the green light from the U.S. Bankruptcy
Court for the Western District of North Carolina, Charlotte
Division, to use cash collateral.
At the hearing held on May 22, the court granted the Debtor's
motion to use cash collateral on an interim basis and set a further
hearing on the motion for June 24.
The Debtor needs access to cash collateral to meet ongoing
operating expenses and avoid business shutdown. It intends to use
the funds according to a formal budget, allowing for a 10% variance
per line item.
The Debtor offered adequate protection to secured creditors by
providing replacement liens on post-petition assets. These
creditors, identified through UCC filings, include the Carolina
Small Business Development Fund, the U.S. Small Business
Administration, and Corporation Service Company. The Debtor's bank,
Truist, is believed not to hold a secured claim.
About West Counseling PLLC
West Counseling, PLLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. N.C. Case No. 25-30504) on May
18, 2025. In the petition signed by Andrew West, chief executive
officer, the Debtor disclosed up to $100,000 in assets and up to
$500,000 in liabilities.
Judge Ashley Austin Edwards oversees the case.
John C. Woodman, Esq., at Essex Richards PA, represents the Debtor
as legal counsel.
WEST RIVER: Case Summary & Seven Unsecured Creditors
----------------------------------------------------
Debtor: West River House, LLC
1193 Lone Star Dr
New Braunfels, TX 78130-2938
Case No.: 25-51153
Business Description: West River House, LLC qualifies as a single-
asset real estate debtor under the
definition provided in 11 U.S.C. Section
101(51B).
Chapter 11 Petition Date: May 28, 2025
Court: United States Bankruptcy Court
Western District of Texas
Judge: Hon. Michael M Parker
Debtor's Counsel: David Cain, Esq.
LAW OFFICE OF DAVID T CAIN
8626 Tesoro Drive Suite 811
San Antonio TX 78217
Email: caindt@swbell.net
Total Assets: $0
Total Liabilities: $2,271,454
William Feick signed the petition as president.
A full-text copy of the petition, which includes a list of the
Debtor's seven unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CRW74JQ/West_River_House_LLC__txwbke-25-51153__0001.0.pdf?mcid=tGE4TAMA
[] Allen Underwood II Joins Barclay Damon's Bankruptcy Practice
---------------------------------------------------------------
Allen Underwood II has joined Barclay Damon as a partner in the
firm's Restructuring, Bankruptcy & Creditors' Rights, Commercial
Litigation & Complex Trials, and Corporate Practice Areas, based in
the New York City office.
With over two decades of experience, Mr. Underwood brings extensive
skills in representing corporate creditors, debtors, trustees, and
committees in complex federal bankruptcy proceedings and state law
debtor-creditor matters. His practice also encompasses strategic
corporate representation, commercial litigation, and transactional
matters, with a client base ranging from manufacturers and
financial institutions to municipalities and service providers.
"Allen's reputation for creative problem-solving, his commanding
knowledge of bankruptcy law, and his business-minded approach to
litigation and restructuring make him a tremendous asset to our
clients and to our team," said Jeff Dove, co-leader of Barclay
Damon's Business Services Practice Group.
"I'm excited to join Barclay Damon because of the firm's strong
platform, collaborative culture, and commitment to delivering
practical solutions to clients," Mr. Underwood said. "My practice
aligns seamlessly with the firm's multidisciplinary approach to
restructuring and litigation, and I look forward to helping clients
navigate complex financial and commercial challenges across
industries."
Throughout his career, Mr. Underwood has been counsel in numerous
high-stakes health care, insurance, and manufacturing-related
bankruptcies and commercial disputes. He has advised clients in a
wide range of industries on matters involving preference and
fraudulent transfers, fiduciary litigation, reclamation claims, and
complex contractual negotiations, including international equipment
supply agreements and transactions involving government entities.
Barclay Damon attorneys team across offices and practices to
provide customized, targeted solutions grounded in industry
knowledge and a deep understanding of our clients' businesses.
With approximately 300 attorneys, Barclay Damon --
https://www.barclaydamon.com -- is a regional law firm that
operates from a strategic platform of offices in Albany, Boston,
Buffalo, New Haven, New York City, Rochester, Syracuse, Washington
DC, and Toronto. The firm serves clients across the country and,
for some practices, provides US legal services around the globe.
[^] BOOK REVIEW: The Heroic Enterprise
--------------------------------------
The Heroic Enterprise: Business and the Common Good
Author: John Hood
Publisher: Beard Books (reprint of book published by The Free
Press/Division of Simon and Schuster in 1996).
Paperback: 266 pages
List Price: $34.95
Order your copy at https://bit.ly/3awLUV3
Hood writes as a counterbalance to ideas that business should be
expected to contribute to the common good along the lines of
charities, say, or public health. He writes too against the highly
partisan, pernicious perspective that business activity is
antisocial and disruptive which at times gains some degree of
credibility.
Critiques of business have been around as long as commerce and
business have been around. These come usually from religious or
political zealots seeking dictatorial hold over all significant
kinds of human activity and enterprise. In this work, Hood aims to
counterbalance latter-day versions of such critiques arising in
American society. The counterculture, antiestablishment 1960s was
a time when such critiques were particularly strong. They have
moderated since, yet remain a persistent chorus which influences
politics and imagery and public affairs of business.
Hood does not aim to stifle or eliminate debate about the effects
of business on society or how business should engage in business.
What he aims for is dismissing once and for all myopic and almost
utopian conceptions about business and related erroneous purposes
and values of it. Such conceptions are worrisome to
businesspersons not because they believe they have any foundation,
but because they waste resources and energy in having to
continually correct them so business can function properly. And to
the extent such myopic conceptions are believed or entertained by
the public, they hamper the public and politicians in working out
policies by which the greatest benefits of business can be reaped
by society.
The author clarifies the place and role of business by contrasting
business with other parts of society. A standard, self-evident
tenet of sociologists going back to the time of Plato is that
society is made up of different parts fulfilling different roles
for the varied needs of society and so that a society will function
smoothly and survive. Business is distinguished from government
and philanthropy. "Businesses exist to make and sell things,
whereas by contrast "governments exist to take and protect things
[and] charities exist to give things away." The social
responsibility for each category of institution is inherent in its
purposes and activities. For example, businesses alone cannot
solve environmental problems. Whatever problems which can be
attached to business are related to government policies and
business's operations to satisfy consumer interests. Hence,
business alone cannot solve environmental problems, and should not
be expected to. Critics requiring that business solve
environmental problems without similarly requiring changes in
government policies and consumer interests are shortsightedly and
unreasonably tarnishing business while not making any relevant or
productive arguments for dealing with environmental problems.
In elucidating business's proper place in and contributions to
society, Hood is not unmindful that some businesses fail to fulfill
their role in good faith and beneficially. But instead of
criticizing business fundamentally, he proffers questions critics
can ask before targeting particular businesses. Two of these are
"Are corporations obtaining their profits through force or fraud?"
and "Are corporations putting investments at their disposal to the
most economically productive use?" Hood's perspective in support
of business against unfair and irrelevant criticisms is based on
the acknowledgment that business is operating productively, for the
common good, and is open to cooperative activities with other parts
of society in trying to resolve common problems.
"The Heroic Enterprise" is not an argument for business -- for as a
fundamental aspect of any society, business does not need an
argument to justify it. The book mostly takes the approach of
reviewing why business is necessary and therefore must be
naturally, easily accepted -- namely, because of the manifold
benefits business provides for society and because it along with
good government and respectable morals has been a primary engine
for the betterment of human life.
John Hood has much experience in the media and communication as a
syndicated columnist, TV commentator, and radio host. Author of
seven nonfiction books on subjects as business, advertising, public
policy, and political history, and many articles for national
publications such as the Wall Street Journal, Hood is President of
the John William Pope Foundation, a Raleigh, N.C.-based grantmaker
that supports public policy organizations, educational
institutions, arts and cultural programs, and humanitarian relief
in North Carolina and beyond. Hood also serves on the board of the
John Locke Foundation, the state policy think tank he helped found
in 1989 and led as its president for more than two decades. He
teaches at Duke University's Sanford School of Public Policy.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
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the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
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public debt and equity securities about which we report.
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insolvent balance sheets whose shares trade higher than $3 per
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Each Friday's edition of the TCR includes a review about a book of
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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
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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.
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*** End of Transmission ***