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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
Monday, June 9, 2025, Vol. 29, No. 159
Headlines
1 SANDPIPER LLC: Hires Bradford Law Offices as Counsel
22ND CENTURY: Director Anthony Johnson to Resign Effective July 15
22ND CENTURY: Joseph Reda, SEG Opportunity Fund Hold 9.9% Stake
22ND CENTURY: Modifies JGB SPA Terms with Conversion Price Reset
615 N. UPPER BROADWAY: Case Summary & 20 Top Unsecured Creditors
A GRANDE PROMOTION: Court Extends Cash Collateral Access to July 31
ACRISURE LLC: Moody's Rates New $1.6BB First Lien Term Loan 'B2'
ADVANCE TRANSIT: To Sell Darby Township Property to A. Marinelli
ADVANCED SYSTEMS: Hires Law Office of Mark S. Roher as Counsel
ADVANTAGE SOLUTIONS: S&P Alters Outlook to Neg., Affirms 'B' ICR
AKIN MEARS: Court OKs Permanent Seal Licenses Sale to Jeff Newman
ALIGNED MEDICAL: Court Extends Cash Collateral Access to June 30
ANCIOM LLC: Seeks to Hire My Ideal CFO as Accountant
ANNALEE DOLLS: Court Extends Cash Collateral Access to June 30
APPLIED DNA: Six Directors Elected at Annual Meeting
APPLIED POWDERCOAT: Case Summary & 20 Largest Unsecured Creditors
ASCENT RESOURCES: Moody's Rates New Sr. Unsec. Notes Due 2033 'B1'
ASURION LLC: Moody's Rates New $1BB First Lien Term Loan 'Ba3'
ATLANTIC NATURAL: Hires Stone Pigman Walther as Special Counsel
AVONDALE CAPITAL: Maricopa Property Sale to Covenant Int'l OK'd
BABCOCK & WILCOX: Court Rules on Deposition Designation Objections
BALKAN EXPRESS: To Sell Truck Terminal to CanTex Re for $4MM
BEARSVILLE LLC: Hires William S. Gannon PLLC as Counsel
BECKHAM JEWELRY: Hires Rollins Law Firm PLLC as Counsel
BENNY AND MARYS: Case Summary & 17 Unsecured Creditors
BERNARD L. MADOFF: Trustee Secures $498M Recovery from LIF Fund
BRADYIFS HOLDINGS: T. Rowe Marks $918,000 1L Loan at 79% Off
BREWER MACHINE: Hires Harlin Parker Attorneys at Law as Counsel
BROWN & BROWN: Seeks to Hire Haynie & Company as Accountant
BURLINGTON COAT: Moody's Rates New $500MM Secured Term Loan 'Ba1'
CAPSTONE CONSULTING: Court OKs Logan Property Sale
CFMS TEXAS: Seeks Chapter 11 Bankruptcy in Texas
CHESAPEAKE ENERGY: Dismissed from Two Access Midstream Cases
CHG US: Seeks To Sell Restaurant Business at Auction
CIMG INC: Nasdaq Issues New Notice for Delayed 10-Q Filing
CIRCANA GROUP: T. Rowe Marks $1.5 Million 1L Loan at 89% Off
CIRCANA GROUP: T. Rowe Marks $1.5 Million 1L Loan at 89% Off
CLEAN ENERGY: Closes $104K Convertible Note and Stock Sale to Lucas
CLIFFWOOD DEVELOPMENT: Hires Christie's as Real Estate Broker
COGENT COMMUNICATIONS: Moody's Rates New $600MM Secured Notes 'Ba2'
COLONIAL MILLS INC: Court Extends Cash Collateral Access to June 30
CPIF LA ARTS: Hires Cushman & Wakefield as Real Estate Broker
CTF CHICAGO: Court Extends Cash Collateral Access to June 30
D TUR HOTEL: Case Summary & 20 Largest Unsecured Creditors
D&D BUYER: T. Rowe Marks $1.9 Million 1L Loan at 70% Off
D&D BUYER: T. Rowe Marks $4.5 Million 1L Loan at 33% Off
DATAVAULT AI: Michael Fazio Holds 7.8% Equity Stake
DENALI MIDCO: T. Rowe Marks $9.8 Million 1L Loan at 75% Off
DIGITAL ALLY: Swings to $4.3M Net Income in Q1 2025
DOC VENTURES: Gets Court OK to Use Cash Collateral
DOG ROBBER: Case Summary & 20 Largest Unsecured Creditors
DOTDASH MEREDITH: Moody's Rates New Senior Secured Term Loan 'B2'
DRIP MORE: Seeks to Hire Adam Hurst as Broker
ELK CREEK: Unsecured Creditors to be Paid in Full in Plan
ENVELOPE MART: Gets Interim OK to Use Cash Collateral Until June 20
EVERYTHING CREATIVE: Hires Bravo Law APC as Legal Counsel
EVOKE PHARMA: Directors Elected, BDO Retained at Annual Meeting
EXELA TECHNOLOGIES: Wants to Stop IRS from Collecting $6MM Back Tax
FERRELLGAS PARTNERS: S&P Downgrades ICR to 'CCC', Outlook Negative
FINANCE OF AMERICA: Six Directors Elected at Annual Meeting
FIRST BANCORP: Fitch Hikes LongTerm IDR to 'BB+', Outlook Stable
FIRST CLASS: Gets Extension to Access Cash Collateral
FLEXSYS INC: Moody's Appends LD to Caa2-PD Prob. of Default Rating
FR VISION: T. Rowe Marks $5.7 Million 1L Loan at 58% Off
GI APPLE: T. Rowe Marks $1.3 Million 1L Loan at 43% Off
GI APPLE: T. Rowe Marks $1.8 Million 1L Loan at 88% Off
GLASS MANAGEMENT: Court Extends Cash Collateral Access to June 30
GLIDE LOGISTICS: Gets OK to Use Cash Collateral Until July 31
GLOBAL SUPPLIES: Court Extends Cash Collateral Access to July 17
GLOBAL TECHNOLOGIES: H. Wyatt Flippen Named New Board Chair
GOL LINHAS: Gol Investments Buys Co.'s Material Shareholding
GROUPE SOLMAX: Moody's Cuts CFR to 'Caa1', Outlook Stable
HALL LABS: Committee Hires Kirton McConkie as Counsel
HANDLOS FINISHING: U.S. Trustee Unable to Appoint Committee
HEIR'S MEN'S: Class 10 Unsecured Claims to Split $200K in 60 Months
HESS MIDSTREAM: Fitch Affirms 'BB+' LongTerm IDR, Outlook Stable
HIGHTOWER HOLDING: Moody's Affirms 'B3' CFR, Outlook Remains Stable
HORSEY DENISON: Meyers Rodbell Represents Multiple Creditors
I A P CONSTRUCTION: Court Extends Cash Collateral Access to July 10
IGH PROPERTIES: Unsecureds Will Get 2% of Claims over 5 Years
INDEPENDENCE FUEL: To Sell Fueling Station Equipment at Auction
INNOVATE CORP: DBM Global Secures $220M Credit Facility
INTERSTATE WASTE: S&P Alters Outlook to Negative, Affirms 'B' ICR
IQVIA INC: Moody's Gives Ba2 Rating on New Senior Unsecured Notes
J-K.A.B.S TRANSPORTATION: Hires Conway Law Group PC as Counsel
JACKSON COURT: Hires Sullivan Blackburn as Special Counsel
JACKSON HOSPITAL: Loses Bid to Amend Employment Applications
KEEP IT GYPSY: Seeks to Hire Bond Law Office as Counsel
KOSMOS ENERGY: Moody's Cuts CFR to B3 & Alters Outlook to Negative
KPSI INNOVATION: Hires Wenokur Riordan as Bankruptcy Counsel
LAVERNE ELEMENTARY: Moody's Rates 2025A/B School Bonds 'Ba1'
LVF HOLDINGS: Moody's Withdraws 'B3' Corporate Family Rating
M & M BUCKLEY: Court Extends Cash Collateral Access to July 3
MARKUS CORP: Court Extends Cash Collateral Access to June 30
MASS POWER: Gets Interim OK to Use Cash Collateral Until June 18
MATTHEWS INT'L: Moody's Affirms 'B1' CFR, Outlook Stable
MEDLIN EXPEDITED: Claims to be Paid from Ongoing Operations
MID-KANSAS REAL: To Sell Mosley Property to Professional Home
MONARCHY RANCHEROS: Case Summary & 20 Largest Unsecured Creditors
MONTE K. WEEDEN: MK Weeden, et al Can Amend Judgment in EMC Case
MURPHDOG LLC: Case Summary & 20 Largest Unsecured Creditors
NEW LOOK: T. Rowe Marks $1 Million 1L Loan at 32% Off
NEW LOOK: T. Rowe Marks $1.1 Million 1L Loan at 82% Off
NEW LOOK: T. Rowe Marks $548,000 1L Loan at 32% Off
NEW LOOK: T. Rowe Marks $8.2 Million 1L Loan at 32% Off
NO RUST REBAR: Trustee Can Recover $1.21MM Postpetition Transfer
NORTHLAND MANAGEMENT: Shareholder Contribution to Fund Plan
NORTHPOINT DEVELOPMENT: Gets Extension to Access Cash Collateral
NORTHSTARR BUILDERS: Unsecureds to Split $100K over 48 Months
OAKLAND VILLAGE: Gets Court OK to Use Cash Collateral Until June 18
OPEN ARMS: Hires Allen Stovall Neuman & Ashton LLP as Counsel
OPEN THROTTLE: To Sell Liquor License to SORRYCHARLIESCORNER
OPTINOSE INC: Completes Merger With Paratek Pharmaceuticals
PACER PRINT: Court Extends Cash Collateral Access to Jan. 3
PARTNERSHIPS TO UPLIFT: S&P Lowers 2023 Bond LT Rating to 'BB'
PASKEY INCORPORATED: Seeks to Sell Vehicles
PENDY'S RESTAURANT: Hires Rabah Accounting & Tax as Accountant
PENDY'S RESTAURANT: Hires Strobl PLLC as bankruptcy Counsel
PERATON CORP: T. Rowe Marks $17.1 Million 2L Loan at 24% Off
PORT LOUIS: Unsecured Creditors to Get 10 Cents on Dollar in Plan
PORTSMOUTH SQUARE: Elects 5 Directors at Annual Meeting
RE4 GEORGIA: Seeks Subchapter V Bankruptcy in Georgia
RECORDED BOOKS: T. Rowe Marks $1.5 Million 1L Loan at 36% Off
RHDM OIL: Hires Salcedo Law Group as Special Counsel
RICHFIELD NURSING: Case Summary & 20 Largest Unsecured Creditors
RIMKUS CONSULTING: T. Rowe Marks $2.2 Million 1L Loan at 85% Off
ROONEY AND BORDEN: Unsecureds Will Get 2% of Claims in Plan
SAFE & GREEN: Director Shafron Hawkins Resigns
SANDRIDGE ENERGY: Loses Bid to Reopen Ch11 Case, Enforce Plan
SCANROCK OIL: Seeks to Extend Plan Exclusivity to August 4
SCHAFER FISHERIES: Court OKs Fort Madison Property Sale to Chilson
SEASONAL LANDSCAPE: Court Extends Cash Collateral Access to June 30
SKY GARDENS: Hires Alex D. Sirulnik P.A. as Special Counsel
SM MILLER: Claims to be Paid from Future Earnings
SOUTH REGENCY: Belle Vie Fitness Appointed as New Committee Member
STAR RAIL: Gets Extension to Access Cash Collateral
STARCO BRANDS: Production Board Holds 11.7% Class A Common Shares
STEWARD HEALTH: TRACO Contests Patient Ombudsman Legal Fees
STV GROUP: T. Rowe Marks $2.2 Million 1L Loan at 79% Off
SULLIVAN MECHANICAL: Seeks to Sell Office Equipment
SWAIN LANDING: Hires VerStandig Law Firm as Counsel
TAMPA BRASS: Gets Another Extension to Access Cash Collateral
TC SIGNATURE: T. Rowe Marks $14 Million 1L Loan at 19% Off
THG ACQUISITION: T. Rowe Virtually Writes Off $1.6MM 1L Loan
THG ACQUISITION: T. Rowe Virtually Writes Off $3.3MM 1L Loan
TINY FROG: Hires Country Boys as Auctioneer and Appraiser
TR WELDING: Hires Intermountain Tax Services as Bookkeeper
USIC HOLDINGS: T. Rowe Marks $2.5 Million 1L Loan at 79% Off
USIC HOLDINGS: T. Rowe Marks $5.3 Million 1L Loan at 46% Off
V820JACKSON LLC: Gets OK to Use Cash Collateral Until June 25
VELOCITY VEHICLE: S&P Downgrades Issuer Credit Rating to 'B+'
VIASAT INC: Andrew Sukawaty Resigns From Board
VIASAT INC: Inks New Stockholder Deal With WP Triton, 3 Others
VIAVI SOLUTIONS: Moody's Cuts CFR to Ba3 & Alters Outlook to Neg.
VT TOPCO: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
VT TOPCO: Moody's Affirms 'B2' Corp. Family Rating, Outlook Stable
W.D. TOWNLEY: To Sell Henderson Property to Craig's Ranch $383K
WALKER AREA: Gets Interim OK to Use $67,892 in Cash Collateral
WATCO COMPANIES: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
WAYPOINT ROOFING: Gets Interim OK to Use Cash Collateral
WAYPOINT ROOFING: Unsecureds to Get 100 Cents on Dollar in Plan
WILL NOT: To Sell Miami-Dade Properties to Newgard Development
WIN PRODUCTIONS: Court OKs Vehicle Sale in Auction
WW INTERNATIONAL: Galloway Capital Holds 2.87% Stake as of May 22
X-LASER L.L.C.: Case Summary & 20 Largest Unsecured Creditors
YA INTERMEDIATE: T. Rowe Marks $6.1 Million 1L Loan at 90% Off
YA INTERMEDIATE: T. Rowe Virtually Writes Off $2.9MM 1L Loan
YOUNG MEN'S CHRISTIAN: Davis' Appeal of Real Property Sale Tossed
[] HSF Kramer Adds Top Restructuring Lawyers Ortiz, Shaughnessy
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1 SANDPIPER LLC: Hires Bradford Law Offices as Counsel
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1 Sandpiper, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of North Carolina to employ Bradford Law
Offices as counsel to handle its Chapter 11 case.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Mr. Bradford 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:
Danny Bradford, Esq.
Bradford Law Offices
455 Swiftside Drive #106
Cary, NC 27518-7198
Tel: (919) 758-8879
Email: Dbradford@bradford-law.com
About 1 Sandpiper, LLC
1 Sandpiper LLC owns a vacation rental property located at 1
Sandpiper Lane in Marathon, Florida. The property is valued at
$3.65 million.
1 Sandpiper LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-01836) on May 15,
2025. In its petition, the Debtor reports total assets of
$3,822,330 and total liabilities of $8,836,717.
Honorable Bankruptcy Judge Pamela W. Mcafee handles the case.
The Debtors are represented by Danny Bradford, Esq. at PAUL D.
BRADFORD, PLLC.
22ND CENTURY: Director Anthony Johnson to Resign Effective July 15
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22nd Century Group, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that Anthony Johnson, a
Director of the Company, provided written notice to the Company
that he is resigning effective July 15, 2025.
Mr. Johnson's resignation was not due to any conflict or
disagreement with the Company or the Company's operations, policies
or procedures.
About 22nd Century Group
Mocksville, N.C.-based 22nd Century Group, Inc. is a tobacco
products company specializing in the sales and distribution of its
proprietary reduced nicotine tobacco products, which have been
authorized as Modified Risk Tobacco Products by the FDA. The
company also provides contract manufacturing services for
conventional combustible tobacco products for third-party brands.
Buffalo, New York-based Freed Maxick P.C. (F/K/A Freed Maxick CPAs,
P.C.), the Company's auditor since 2011, issued a "going concern"
qualification in its report dated March 20, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024 citing that the Company has incurred significant losses and
negative cash flows from operations since inception and expects to
incur additional losses until such time that it can generate
significant revenue and profit in its tobacco business. This raises
substantial doubt about the Company's ability to continue as a
going concern.
As of December 31, 2024, the Company had $21.7 million in total
assets, $17.7 million in total liabilities, and $4 million in total
stockholders' equity.
22ND CENTURY: Joseph Reda, SEG Opportunity Fund Hold 9.9% Stake
---------------------------------------------------------------
Joseph Reda and SEG Opportunity Fund, LLC, disclosed in a Schedule
13G (Amendment No. 1) filed with the U.S. Securities and Exchange
Commission that as of May 14, 2025, they beneficially owned an
aggregate of 759,590 shares of 22nd Century Group, Inc.'s Common
Stock, $0.00001 par value per share. This ownership includes
358,967 shares with sole voting and dispositive power held by
Joseph Reda and 400,623 shares with shared voting and dispositive
power held by SEG Opportunity Fund, LLC, representing approximately
9.9% of the 7,605,807 shares outstanding as of May 22, 2025.
The Reporting persons may be reached through:
For Joseph Reda:
1324 Manor Circle, Pelham, NY 10803
For SEG Opportunity Fund, LLC:
Joseph Reda, its Manager
135 Sycamore Drive, Roslyn, NY 11576
A full-text copy of Mr. Reda's SEC report is available at:
https://tinyurl.com/4f8bafxu
About 22nd Century Group
Mocksville, N.C.-based 22nd Century Group, Inc. is a tobacco
products company specializing in the sales and distribution of its
proprietary reduced nicotine tobacco products, which have been
authorized as Modified Risk Tobacco Products by the FDA. The
company also provides contract manufacturing services for
conventional combustible tobacco products for third-party brands.
Buffalo, New York-based Freed Maxick P.C. (F/K/A Freed Maxick CPAs,
P.C.), the Company's auditor since 2011, issued a "going concern"
qualification in its report dated March 20, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024 citing that the Company has incurred significant losses and
negative cash flows from operations since inception and expects to
incur additional losses until such time that it can generate
significant revenue and profit in its tobacco business. This raises
substantial doubt about the Company's ability to continue as a
going concern.
As of December 31, 2024, the Company had $21.7 million in total
assets, $17.7 million in total liabilities, and $4 million in total
stockholders' equity.
22ND CENTURY: Modifies JGB SPA Terms with Conversion Price Reset
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22nd Century Group, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
entered into that certain Letter Agreement to modify the terms of
the Securities Purchase Agreement dated March 3, 2023 and
debentures, as amended, with JGB Partners, LP, JGB Capital, LP and
JGB Capital Offshore Ltd. and with JGB Collateral, LLC, as
collateral agent.
Under the terms of the Letter Agreement, subject to obtaining
stockholder approval as described below, the Company will be able
to reset the Conversion Price (as defined in the Debentures)
currently in effect, at the discretion of the Board of Directors
and on a one time basis, to an amount equal to the average of the
daily VWAPs for each of the five consecutive Nasdaq trading days
immediately preceding the date on which the Conversion Price shall
be reset. The reset Conversion Price shall in no event be greater
than the Conversion Price in effect on the date of the Letter
Agreement, which is $6.04. As of May 22, 2025, $3.8M in Debentures
remained outstanding.
The reduction in the Conversion Price will be subject to
stockholder approval. The Company has agreed to seek stockholder
approval for the Conversion Price reset pursuant to applicable
Nasdaq rules no later than August 15, 2025, and to seek stockholder
approval at each stockholder meeting thereafter if approval is not
obtained by then.
A copy of the Letter Agreement is available at
https://tinyurl.com/57n5t4fv
About 22nd Century Group
Mocksville, N.C.-based 22nd Century Group, Inc. is a tobacco
products company specializing in the sales and distribution of its
proprietary reduced nicotine tobacco products, which have been
authorized as Modified Risk Tobacco Products by the FDA. The
company also provides contract manufacturing services for
conventional combustible tobacco products for third-party brands.
Buffalo, New York-based Freed Maxick P.C. (F/K/A Freed Maxick CPAs,
P.C.), the Company's auditor since 2011, issued a "going concern"
qualification in its report dated March 20, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024 citing that the Company has incurred significant losses and
negative cash flows from operations since inception and expects to
incur additional losses until such time that it can generate
significant revenue and profit in its tobacco business. This raises
substantial doubt about the Company's ability to continue as a
going concern.
As of December 31, 2024, the Company had $21.7 million in total
assets, $17.7 million in total liabilities, and $4 million in total
stockholders' equity.
615 N. UPPER BROADWAY: Case Summary & 20 Top Unsecured Creditors
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Debtor: 615 N. Upper Broadway, LLC
23901 Calabasas Rd., Suite 1068
Calabasas, CA 91302
Business Description: 615 N. Upper Broadway is a single-asset real
estate debtor that owns a 20-story office
tower located at 615 North Upper Broadway in
Corpus Christi, Texas. The property serves
as the Debtor's principal asset and is
situated in Nueces County.
Chapter 11 Petition Date: June 5, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-60051
Judge: Hon. Christopher M Lopez
Debtor's Counsel: Leonard Simon, Esq.
PENDERGRAFT & SIMON LLP
2777 Allen Parkway Suite 800
Houston TX 77019
Tel: 713-528-8555
E-mail: lsimon@pendergraftsimon.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Cole Moscatel as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Y7RYJ4Y/615_N_Upper_Broadway_LLC__txsbke-25-60051__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Tara Energy Utility Services $400,000
5251 Westheimer Rd., Suite 1100
Houston, TX, 77056
2. Shell Energy Solutions/ Utility Services $150,000
MP2 Energy LLC
909 FAnnin, Suite 3500
Houston, TX, 77010
3. PJs of Texas at San Antonio Services $20,000
4311 San Pedro Ave., Suite 1842
San Antonio, TX, 78212
4. Armando De Leon Personal $0
c/o Herrman & Herrman PLLC Injury
1201 Third Street Lawsuit
Corpus Christi, TX, 78404
5. Schauer Simank Tenant Lease $0
615 N. Upper Broadway Termination
Suite 700
Corpus Christi, TX, 78401
M Gentry
Phone: 361-884-2800
Email: mgentry@cctxlaw.com
6. Texas State Securities Board Tenant Lease $0
5401 S. Staples Street, Suite 203 Termination
Corpus Christi, TX, 78411
A Cole
Phone: 361-887-1085
Email: acole@ssb.texas.gov
7. Ostarch, Hilmy, McCauley Tenant Lease $0
615 N. Upper Broadway Termination
Suite 800
Corpus Christi, TX, 78401
L Zaragoza
Phone: 361-884-1961
Email: Izaragoza@ohmlegal.net
8. The Kratzig Law Firm Tenant Lease $0
615 N. Upper Broadway Termination
Suite 900
Corpus Christi, TX, 78401
Paul Kratzig
Phone: 361-888-5564
Email: paul@kretzig.com
9. Gulf Coast Gathering Tenant Lease $0
555 N. Carancahua, Suite 620 Termination
Corpus Christi, TX, 78401
Phone: 361-883-3883
Email: gce@gulfcoastenergyinc.com
10. Donnel, Keischnick Tenant Lease $0
801 W. Nolana, Suite 325 Termination
Mcallen, TX, 78504
M Holscher
Phone: 956-618-4477
Email: mhoelscher@dakpc.com
11. Toroso Financial Tenant Lease $0
6537 S. Staples, Suite 125 Termination
Box 446
Corpus Christi, TX, 78413
Phone: 361-238-6527
Email: stefany@torosofinancial.com
12. CLK Architects & Associates Tenant Lease $0
615 N. Upper Broadway Termination
Suite 1250
Corpus Christi, TX, 78401
N Bullard
Phone: 361-884-3295
Email: nsbullard@clkarch.com
13. Rodriguez Law Firm Tenant Lease $0
615 N. Upper Broadway Termination
Suite 1200
Corpus Christi, TX, 78401
Email: ralph@rmrlaw.net
14. Granberry Law Firm Tenant Lease $0
2118 Terrace Bay Drive Termination
Corpus Christi, TX, 78418
Billy Granberry
Phone: 361-881-9643
Email: reception@wjgranberry.com
15. Farmers Insurnace Tenant Lease $0
615 N. Upper Broadway Termination
Suite 1605
Corpus Christi, TX, 78401
Email: csonsel1@gmail.com
16. Hampton Brown & Associates PC Tenant Lease $0
711 N. Caarancahua, Suite 800 Termination
Corpus Christi, TX, 78401-0545
Phone: 361-888-7711
Email: chervi@hamptonbrown.com
17. Husemen & Stewart PLLC Tenant Lease $0
500 N. Water St., Suite 1100 Termination
Corpus Christi, TX, 78401
R Mendez
Phone: 361-883-3563
Email: rmendez@husemanlawfirm.com
18. Insure One Tenant Lease $0
615 N. Upper Broadway Termination
Suite 2020
Corpus Christi, TX, 78401
Andres Montelongo
Phone: 361-947-8162
Email: andres.montelongo@insureone.com
19. B D Production Co. Tenant Lease $0
615 N. Upper Broadway Termination
Suite 1900
Corpus Christi, TX, 7840
Phone: 361-888-4741
20. Greg Knopp PC Tenant Lease $0
711 N. Caarancahua, Suite 408 Termination
Corpus Christi, TX, 78401
Phone: 361-883-8999
A GRANDE PROMOTION: Court Extends Cash Collateral Access to July 31
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A Grande Promotion Company, LLC received another extension from the
U.S. Bankruptcy Court for the District of Arizona to use cash
collateral.
The court's interim order authorized the company to use the cash
collateral of the U.S. Small Business Administration, a secured
creditor, through July 31 or until the company's Chapter 11
reorganization plan is confirmed, whichever comes first.
The company projects total operational expenses of $209,535.83 for
June and $209,535.83 for July.
As protection, SBA was granted a replacement lien on revenues
generated by the company after its Chapter 11 filing to the same
extent and with the same priority and validity as its
pre-bankruptcy lien.
About A Grande Promotion Company
A Grande Promotion Company, LLC, a company in Phoenix, Ariz., filed
Chapter 11 petition (Bankr. D. Ariz. Case No. 24-09458) on Nov. 5,
2024, listing $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Eugene Medrano, a member and manager of A
Grande, signed the petition.
Judge Scott H Gan oversees the case.
The Debtor is represented by Allan D. Newdelman, Esq., at Allan D.
Newdelman, PC.
ACRISURE LLC: Moody's Rates New $1.6BB First Lien Term Loan 'B2'
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Moody's Ratings has affirmed the B3 corporate family rating and
B3-PD probability of default rating of Acrisure, LLC. Moody's also
assigned a B2 rating to Acrisure's new $1.6 billion seven-year
senior secured term loan. Acrisure will use net proceeds of this
offering plus other senior secured debt to refinance its existing
term loan due in 2027, repay outstanding revolving credit
borrowings, add cash to a segregated account to help fund
acquisitions, and for general corporate purposes. Moody's also
affirmed the B2 ratings on Acrisure's existing senior secured bank
credit facilities and notes and the Caa2 ratings on its existing
senior unsecured notes. The company recently upsized its revolving
credit facility to $1.5 billion from $1.25 billion and extended the
maturity to 2030. When the refinancing closes, Moody's will
withdraw the ratings from repaid term loans. The rating outlook for
Acrisure is stable.
RATINGS RATIONALE
Acrisure's ratings reflect its solid market presence in US
insurance brokerage and select international markets, its good mix
of business across property & casualty insurance and employee
benefits, and its improving profitability. Acrisure continues to
reorganize the company into a more integrated platform under a
single brand, aiming to streamline processes and enhance data and
analytics capabilities to support client service and new business
generation.
These strengths are offset by Acrisure's persistently high
financial leverage and limited interest and cash flow coverage. The
company has a long history of acquisitions funded mainly with debt
which heightens execution and integration risk. These acquisitions
also give rise to contingent earnout liabilities that consume a
substantial portion of free cash flow. Acrisure's ownership of FBC
Mortgage, a mortgage origination company, adds refinancing risk as
well as market risk associated with its mortgage servicing rights
assets. Acrisure is also exposed to errors and omissions in the
delivery of products and services, a risk inherent in professional
services.
For the 12 months through March 2025, Acrisure reported $4.6
billion of revenue, up from $4.3 billion in 2024, driven by a
combination of acquisitions and organic growth. Acrisure has slowed
its pace of acquisitions in recent years to focus on integrating
its acquired businesses. The company's EBITDA margin has declined
as a result of its changing business mix along with investments in
technology and process improvements. Acrisure's free cash flow is
gradually improving as the company works through reorganization
charges and as contingent earnout obligations decline with the
slower pace of acquisitions.
Giving effect to the proposed transaction, Moody's estimates that
Acrisure will have a pro forma debt-to-EBITDA ratio of 7.0x- 7.5x
(excluding effects of certain unrestricted subsidiaries), with
(EBITDA - capex) interest coverage of 1.2x-1.5x, and a
free-cash-flow-to-debt ratio in the low single digits. These
metrics incorporate Moody's adjustments for operating leases,
contingent earnout liabilities, changes in a warrant liability, and
run-rate earnings from recent acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade or Acrisure's ratings
include: (i) debt-to-EBITDA ratio below 6.5x, (ii) (EBITDA - capex)
coverage of interest exceeding 2x, (iii) free-cash-flow-to-debt
ratio exceeding 5%.
Factors that could lead to a downgrade of Acrisure's rating
include: (i) debt-to-EBITDA ratio above 7.5x, (ii) (EBITDA - capex)
coverage of interest below 1.2x, (iii) free-cash-flow-to-debt ratio
below 2%, (iv) disruptions to existing or newly acquired
operations.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
Based in Grand Rapids, Michigan, Acrisure ranked among the world's
10 largest insurance brokers based on 2023 revenue according to
Business Insurance. The company owns and manages agencies in 23
countries. Acrisure's clients are mostly small and midsize
businesses as well as individuals and other organizations. For the
12 months through March 2025, Acrisure reported total revenue of
$4.6 billion.
ADVANCE TRANSIT: To Sell Darby Township Property to A. Marinelli
----------------------------------------------------------------
Advance Transit Mix Inc. seeks permission from the U.S. Bankruptcy
Court for the Eastern District of Pennsylvania, to sell real
property, free and clear of liens, interests, and encumbrances.
The Debtor was a ready-mix concrete Pennsylvania corporation with
an initial registered office address of 613 Oak Lane and a
principal place of business address of 607 Oak Lane and Quarry
Street in Glenolden, Pennsylvania 19036. The Debtor is also the
owner of several parcels real property.
Dante J. Panichi Jr., principal of the Debtor, died intestate.
The Estate of Dante J. Panichi Jr. was admitted to probate and Anna
Panichi was appointed the Administratrix of the Estate.
In 2023, the Advance Transit Mix Inc. plant closed the Debtor cased
the operations.
Peter Barsz was appointed Receiver for Advance Transit Mix Inc.
The Debtor wishes to sell certain real personal property used to
support its operation as a ready-mix concrete plant in Darby
Township, Pennsylvania.
The Debtor wants to sell the Property to A. Marinelli & Sons Inc.
or its corporate nominee for the sum of $3,615,000.
The Debtor proposes to distribute the proceeds to closing costs and
the Debtor's lone secured creditor, Heidelberg Materials Northeast
LLC f/k/a Hanson Aggregates Pennsylvania LLC, all tax authority
liens and closing costs with the balance held by the Receiver.
The Debtor believes that the purchase price for the Property is
fair and reasonable in all respects and is in the best interest of
the bankruptcy estate.
About Advance Transit Mix Inc.
Advance Transit Mix Inc. supplies ready-mixed concrete for
construction projects in Glenolden, Pennsylvania. The Company
operates a fleet of trucks for intrastate transport and serves
clients across the region.
Advance Transit Mix Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-12082) on May 27,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Patricia M Mayer handles the case.
The Debtors are represented by Albert A. Ciardi, III, Esq. at
CIARDI CIARDI AND ASTIN.
ADVANCED SYSTEMS: Hires Law Office of Mark S. Roher as Counsel
--------------------------------------------------------------
Advanced Systems Realty, LLC seeks approval fro the U.S. Bankruptcy
Court for the Southern District of Florida to employ The Law Office
of Mark S. Roher, P.A. as counsel.
The firm will provide these services:
a. give advice to the Debtor with respect to its powers and
duties as Debtor-in-Possession and the continued management of its
finances;
b. advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Guidelines and Reporting
Requirements and with the rules of court;
c. prepare motions, pleadings, orders, applications, adversary
proceedings and other legal documentary necessary in the
administration of the case;
d. protect the interest of the Debtor in all matters pending
before the bankruptcy court; and
e. represent the Debtor in negotiation with its creditors in the
preparation of a plan.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Mr. Roher disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Mark S. Roher, Esq.
Law Office of Mark S. Roher, P.A.
1806 N. Flamingo Road, Suite 300
Pembroke Pines, FL 33028
Tel: (954) 353-2200
Email: mroher@markroherlaw.com
About Advanced Systems Realty, LLC
Advanced Systems Realty, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. S.D. Fla. Case No. 25-15435-SMG) on May 15, 2025.
The Debtor hires Mark S. Roher, P.A. as counsel.
ADVANTAGE SOLUTIONS: S&P Alters Outlook to Neg., Affirms 'B' ICR
----------------------------------------------------------------
S&P Global Ratings revised its outlook on U.S.-based Advantage
Solutions Inc. to negative from stable and affirmed its 'B' issuer
credit rating. At the same time, S&P lowered its issue-level rating
on the company's first-lien term loan facility and senior secured
notes to 'B' from 'B+' and revised the recovery rating to '3'
(50%-70%; rounded estimate: 60%) from '2' (70%-90%; rounded
estimate: 70%). The recovery rating revision reflects its
expectation for lower enterprise value (EV) in the event of a
hypothetical default scenario, given the multiple asset sales
Advantage has recently completed.
S&P said, "The negative outlook reflects the potential that we will
lower our rating on the company over the next several quarters if
we believe its operating performance will weaken such that its S&P
Global Ratings-adjusted debt to EBITDA remains above 7x.
"The affirmation reflects our belief Advantage's staffing issues
are temporary and that the winding down of its material
restructuring and reorganization-related costs will offset its
near-term profit headwinds. For the first quarter of fiscal year
2025 (ended March 31, 2025), the company reported a 5% decline in
its organic revenue (excluding pass-through costs). By segment,
Advantage's branded, retailer, and experiential services segments
reported revenue declines of 9%, 3%, and 1%, respectively, due to
certain intentional client exits, client losses, and market
softness. Both the company's retailer and experiential services
segments were also negatively affected by its recent recruitment
struggles, which we believe were due, in part, to its reduced
recruiter headcount, that led to a shortfall of hired staff to meet
certain projects and events. We understand that the company is
working on rectifying this by increasing its recruiter base, as
well as through its recent hiring of a new Chief Workforce
Operations Officer. We assume Advantage will resolve its staffing
issues over the coming quarters and do not believe they have
permanently damaged its competitive position.
"That said, the macroeconomic conditions for the company's key
customers, including large and emerging consumer goods
manufacturers and regional grocery chains, remain weak. We believe
the recent pullback in the discretionary spending of consumer
product companies, as well as retailer inventory de-stocking, will
be near-term headwinds. Therefore, we lowered the assumptions in
our base-case forecast and now anticipate Advantage's S&P Global
Ratings-adjusted leverage will remain elevated for the rating at
about 6.8x as of the end of 2025 (close to our 7.0x downgrade
trigger but down from 7.4x as of the end of 2024). We expect the
company will expand its S&P Global Ratings-adjusted EBITDA by about
7% in 2025, primarily due to its reduced restructuring and
reorganization-related costs of about $70 million (down from about
$120 million in 2024), which will be partially offset by its weaker
organic profits. We assume Advantage's underlying EBITDA (before
restructuring and reorganization expenses) will fall by the high
single-digit percent area in 2025.
"Advantage remains vulnerable to economic downturns and is
potentially exposed to execution risk related to its recent
transformation efforts. While we acknowledge the company's good
competitive position in the sales and marketing services industry,
a deep recession or prolonged inflationary environment could cause
consumer products companies and retailers to reduce their
outsourcing and push back on pricing. We saw this occur across the
industry before the COVID-19 pandemic amid weak center-of-store
demand. We believe the majority of the company's business remains
focused on the center-of-store space. Further, its recent
restructuring efforts remain vulnerable to operational
disruptions--for example, its recent enterprise resource planning
(ERP) implementation led to invoicing delays resulting in a
temporary increase in its day sales outstanding (DSOs)--that could
lead to additional near-term volatility. We also believe that
Advantage's recent staffing problems stemmed from its
reorganization efforts.
"We estimate Advantage will generate a reported free operating cash
flow (FOCF) deficit of about $60 million-$70 million in 2025, which
will improve to an inflow of about $100 million in 2026. We expect
the company's 2025 cash flow will be negatively affected by a $50
million payroll shift in 2025 (which will reverse in early fiscal
year 2026), unfavorable DSOs due to the implementation of its new
ERP system, higher capital expenditure (capex) of about $70 million
related to its IT transformation, and elevated interest expense of
about $145 million. Nevertheless, we believe Advantage maintained
an adequate liquidity position as of March 2025, supported by its
unrestricted cash balances of about $121 million, about $399
million of availability under its $500 million asset-based lending
(ABL) credit facility expiring in 2027 (restricted by the borrowing
base and outstanding letters of credit), and about $50 million of
expected cash proceeds from its July 2024 Jun Group sale.
"We believe Advantage remains committed to achieving its 3.5x net
leverage target. This level compares with the company's net
leverage of 4.2x as of March 31, 2025 (7.1x on an S&P Global
Ratings-adjusted basis because we do not add back restructuring and
reorganization-related costs and do not net its cash against its
debt). Given its recent history of debt repurchases, we expect
Advantage will use its excess cash to deleverage rather than to
finance transformational mergers and acquisitions (M&A) or
shareholder returns."
Industry consolidation presents a near-term challenge for
Advantage. Acosta's acquisition of Crossmark has created a larger
competitor that could potentially outbid Advantage for new and
existing business, given its wider range of capabilities and
greater geographic reach. Further, in contrast to Advantage, which
has been investing for an extended period to enhance its
capabilities, Acosta has been consistently increasing its revenue
and profits. S&P said, "That said, we continue to recognize that
this combination could present Advantage with opportunities to win
new customers due to potential conflicts of interest between
Acosta's and Crossmark's clients, although we are not aware of any
such client wins to date."
S&P said, "The negative outlook reflects the potential that we will
lower our rating on Advantage at any point over the next several
quarters if we believe its operating performance will weaken such
that its S&P Global Ratings-adjusted debt to EBITDA remains above
7x."
S&P could lower its rating on Advantage if its leverage remains
above 7x, which could occur if its profits weaken materially,
potentially due to:
-- Persistent labor cost inflation that it is unable to
successfully pass along or otherwise offset;
-- An inability to attract and retain staff at sufficient levels
to adequately serve its customers;
-- A decline in the usage of outsourced sales and marketing
agencies by consumer product firms, possibly to save money in the
face of significantly higher input costs or reduced consumer
spending;
-- A loss of multiple customers due to intensifying competition,
possibly amid a considerable weakening of center-of-store demand;
and
-- Significant operational disruptions related to Advantage's
technology transformation efforts.
S&P said, "We could also lower the rating if we believe it is
increasingly likely that Advantage will repurchase a substantial
amount of its debt at distressed levels (which we could view as a
selective default). This is possible because the company's term
loan and notes are already trading at distressed levels, and the
potential for further operating performance deterioration."
S&P could revise its outlook on Advantage to stable if S&P believes
it will sustain leverage comfortably below 7x. This could occur
if:
-- It meets the existing customer demand for its services and wins
new business;
-- It resolves its staffing issues;
-- It successfully recovers its higher costs through price
increases without damaging its customer relationships; and
-- It completes its technology modernization efforts without
facing major issues while tapering down its restructuring costs.
AKIN MEARS: Court OKs Permanent Seal Licenses Sale to Jeff Newman
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, has approved Allison D. Byman, Chapter 7 Trustee
of Akin Mears LLP to Houston Texans Permanent Seat Licenses and
Remaining 2025 Season Tickets, free and clear of liens, claims,
interests, and encumbrances.
The Court has authorized the Trustee to sell Houston Texans
Personal Seat Licenses located at NRG Stadium, along with the
remaining 2025 regular season home game tickets associated with
those seats, to Jeff Newman for $52,500.00.
The Trustee is ordered to wire transfer approximately $10,418.96 to
the Houston Texans Ticket Office
to pay for the remaining balance owed for the 2025-26 season
tickets.
The Court also held that the Trustee is authorized to execute any
and all documents necessary to consummate
the above; it is further ordered that the net proceeds shall be
retained by the Chapter 7 Trustee.
About Akin Mears LLP
Akin Mears LLP is a national law firm that handles claims for
injured individuals and families from all 50 states, U.S.
Territories, Canada and other foreign countries.
Akin Mears sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-30358) on January 23, 2025.
Marvin Isgur presides over the case.
Miriam T. Goott of Walker & Patterson PC represents the Debtor as
legal counsel.
ALIGNED MEDICAL: Court Extends Cash Collateral Access to June 30
----------------------------------------------------------------
Aligned Medical Group, P.C. received second interim approval from
the U.S. Bankruptcy Court for the Eastern District of Pennsylvania
to use cash collateral.
The second interim order penned by Judge Patricia Mayer authorized
the interim use of cash collateral for the period from June 1 to 30
to pay the expenses set forth in the budget. Aligned Medical Group
may deviate up to ±10% from budgeted disbursements without
defaulting.
As protection, the U.S. Small Business Administration, the primary
secured creditor, was granted replacement liens on its collateral
to the same extent, validity and priority as its pre-bankruptcy
liens.
Meanwhile, the court ordered Citizens Bank and Ascentium to
undertake all steps necessary to cause the immediate release of the
administrative freeze or hold on Aligned Medical Group's bank
account. It also ordered Citizens Bank to facilitate the immediate
transfer of the funds in the bank account to the
debtor-in-possession account.
The final hearing is set for June 24, with objections due by June
17.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/iKoxS from PacerMonitor.com.
About Aligned Medical Group
Aligned Medical Group, P.C. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11769-pmm) on
May 5, 2025. In the petition signed by Joel Stutzman, D.C.,
president, the Debtor disclosed up to $500,000 in assets and up to
$1 million in liabilities.
Judge Patricia M. Mayer oversees the case.
David B. Smith, Esq., at Smith Kane Holman, LLC, represents the
Debtor as legal counsel.
ANCIOM LLC: Seeks to Hire My Ideal CFO as Accountant
----------------------------------------------------
Anciom, LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Florida to employ My Ideal CFO as accountant.
The firm will assist with the Debtor's projections for its Chapter
11 Plan of Reorganization, assist the Debtor in the preparation and
filing of any required tax returns or amended tax returns, and
provide tax advice to the Debtor.
The firm will be paid at these rates:
Monthly bookkeeping and Office staff services $2,600
Monthly CFO Services $1,265
QuickBooks $235
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Belnap disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
David Belnap
My Ideal CFO
POB 848762
Pembroke Pines, FL 33084
Email: billing@myidealcfo.com
About Anciom, LLC
Anciom, LLC filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14970) on May 1,
2025, listing between $50,001 and $100,000 in assets and between
$500,001 and $1 million in liabilities. Linda Leali, Esq., serves
as Subchapter V trustee.
Judge Peter D. Russin oversees the case.
The Debtor is represented by:
Rachamin Cohen, Esq.
Cohen Legal Services, P.A.
1801 NE 123rd Street, Suite 314
North Miami, FL 33181
Phone: (305) 570-2326
Email: rocky@lawcls.com
ANNALEE DOLLS: Court Extends Cash Collateral Access to June 30
--------------------------------------------------------------
Annalee Dolls, LLC received another extension from the U.S.
Bankruptcy Court for the District of New Hampshire to use cash
collateral.
The interim order penned by Judge Kimberly Bacher authorized the
company to use up to $521,740.80 in cash collateral consistent with
its budget until June 30.
The company projects total operational expenses of $322,238.66 for
June.
As protection for lienholders, Annalee Dolls was ordered to
maintain insurance policies, naming lienholders as mortgagees or
loss payees. The company was also ordered to grant the lienholders
replacement liens, with the same priority as their pre-bankruptcy
liens.
In addition, Customers Bank must receive $76,886.30 by June 15 as
further protection.
The next hearing is scheduled for June 25.
About Annalee Dolls LLC
Annalee Dolls, LLC is an American company known for its handcrafted
felt dolls that embody holiday themes and whimsical charm. Founded
in 1934, the business has become a staple of collectible Americana,
with its headquarters and flagship store located in Meredith, New
Hampshire. The company continues to attract visitors and collectors
with its nostalgic products and scenic gift shop near Lake
Winnipesaukee.
Annalee Dolls sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D.N.H. Case No. 25-10232) on April 11, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Kimberly Bacher handles the case.
The Debtor is represented by:
William S. Gannon, Esq.
William S. Gannon PLLC
Tel: 603-621-0833
bgannon@gannonlawfirm.com
APPLIED DNA: Six Directors Elected at Annual Meeting
----------------------------------------------------
Applied DNA Sciences, Inc. held its 2025 annual meeting of
stockholders during which the following proposals were voted on:
I. To elect six directors to serve until the 2026 annual meeting of
stockholders or until their respective successors are duly elected
and qualified.
a. James A. Hayward
* For: 571,758
* Withheld: 117,757
* Broker Non-Votes: 1,672,764
b. Robert B. Catell
* For: 573,429
* Withheld: 116,086
* Broker Non-Votes: 1,672,764
c. Joseph D. Ceccoli
* For: 573,283
* Withheld: 116,232
* Broker Non-Votes: 1,672,764
d. Yacov A. Shamash
* For: 572,491
* Withheld: 117,024
* Broker Non-Votes: 1,672,764
e. Sanford R. Simon
* For: 572,906
* Withheld: 116,609
* Broker Non-Votes: 1,672,764
f. Elizabeth Schmalz Shaheen
* For: 571,561
* Withheld: 117,954
* Broker Non-Votes: 1,672,764
II. To ratify the appointment of CBIZ CPAs P.C. as the Company's
independent registered public accounting firm for the fiscal year
ending September 30, 2025.
* For: 2,239,750
* Against: 108,014
* Abstain: 14,515
III. To grant the board of directors of the Company discretionary
authority for 12 months to amend the Company's certificate of
incorporation, as amended, to authorize a reverse stock split of
common stock, at a ratio in the range from one-for-five to
one-for-fifty, with such specific ratio to be determined by the
Board following the Annual Meeting.
* For: 1,705,824
* Against: 653,968
* Abstain: 2,487
IV. To approve, in accordance with Nasdaq Listing Rule 5635(d), the
exercisability of certain common stock purchase warrants, and the
issuance of the common stock underlying such warrants, which
warrants were issued in connection with an offering of securities
of the Company that occurred on October 30, 2024.
* For: 552,983
* Against: 131,329
* Abstain: 5,203
* Broker Non-Votes: 1,672,764
V. To approve an amendment to the Company's 2020 Equity Incentive
Plan to increase the number of authorized shares of common stock
reserved for issuance by three million shares.
* For: 478,505
* Against: 208,482
* Abstain: 2,528
* Broker Non-Votes: 1,672,764
VI. To approve, on a non-binding advisory basis, the compensation
of the Company's named executive officers.
* For: 503,155
* Against: 118,913
* Abstain: 67,447
* Broker Non-Votes: 1,672,764
VII. To approve, on a non-binding advisory basis, the frequency of
the stockholder vote on the compensation of the Company's named
executive officers.
* 1 YEAR: 169,379
* 2 YEARS: 33,862
* 3 YEARS: 464,246
* Abstain: 22,028
Each of the foregoing voting results from the Annual Meeting is
final. Based on the foregoing votes, all six of the director
nominees were elected, each of proposals II through VI was approved
and, in light of the non-binding approval on the frequency of the
stockholder vote on the compensation of the Company's named
executive officers, the Company will include a non-binding
stockholder vote on the compensation of its named executive
officers in its proxy materials every three years until its next
required vote on the frequency of stockholder votes on the
compensation of the Company's named executive officers.
About Applied DNA Sciences
Applied DNA Sciences -- adnas.com -- is a biotechnology company
developing technologies to produce and detect deoxyribonucleic acid
("DNA"). Using the polymerase chain reaction ("PCR") to enable both
the production and detection of DNA, the Company currently operates
in three primary business markets: (i) the enzymatic manufacture of
synthetic DNA for use in the production of nucleic acid-based
therapeutics and the development and sale of a proprietary RNA
polymerase ("RNAP") for use in the production of mRNA therapeutics;
(ii) the detection of DNA and RNA in molecular diagnostics and
genetic testing services; and (iii) the manufacture and detection
of DNA for industrial supply chain security services.
Melville, NY-based Marcum LLP, the Company's auditor since 2014,
issued a "going concern" qualification in its report dated Dec. 17,
2024, citing that the Company has incurred significant losses and
needs to raise additional funds to meet its obligations and sustain
its operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
As of December 31, 2024, Applied DNA Sciences had $16 million in
total assets, $3.4 million in total liabilities, and $12.5 in total
equity.
APPLIED POWDERCOAT: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Applied Powdercoat, LLC
Attn: Osei Appiagyei
3101 Camino del Sol
Oxnard, CA 93030
Business Description: Applied Powdercoat, LLC is an Oxnard-based
manufacturing firm specializing in powder
coating, sandblasting, and silkscreening
services. Founded in 1989 and operating
from a state-of-the-art 30,000 sq ft
facility at 3101 Camino del Sol, the Company
serves industrial, aerospace, defense,
custom fabrication, automotive restoration,
and commercial clients throughout Southern
California.
Chapter 11 Petition Date: June 6, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-10762
Judge: Hon. Ronald A Clifford III
Debtor's Counsel: Derrick Talerico, Esq.
WEINTRAUB, ZOLKIN TALERICO & SELTH LLP
11766 Wilshire Blvd Suite 730
Los Angeles, CA 90025
Tel: (424) 500-8552
Email: dtalerico@wztslaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Osei Appiagyei, acting as manager of The
Pella Group, LLC, which serves as the manager of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/P7JASOY/Applied_Powdercoat_LLC__cacbke-25-10762__0001.0.pdf?mcid=tGE4TAMA
ASCENT RESOURCES: Moody's Rates New Sr. Unsec. Notes Due 2033 'B1'
------------------------------------------------------------------
Moody's Ratings assigned a B1 rating to Ascent Resources Utica
Holdings, LLC's (Ascent) proposed backed senior unsecured notes due
2033. Ascent's other ratings, including its Ba3 Corporate Family
Rating, and stable outlook remain unchanged.
Ascent will use the net proceeds from its proposed $500 million
notes due 2033 and revolver borrowings to refinance its $513
million in senior notes due 2028.
Ascent Resources' refinancing transaction proactively extends its
debt maturity profile.
RATINGS RATIONALE
Ascent's senior unsecured notes are rated B1, one notch below the
CFR, reflecting their effective subordination to the secured RBL
revolver.
Ascent's Ba3 CFR reflects the company's large-scale natural gas
production, ample proved reserves and acreage, economies of scale,
a large drilling inventory, conservative financial policies, and
successful operating track record. The company is concentrated in
the Appalachia region, focusing on natural gas production in the
Utica Shale, but also has inventory in the Marcellus Shale. It has
significant firm transportation commitments, providing flow
assurance for its volumes but these could become burdensome if
production decreased. Ascent has a large hedge book which sustains
cash margins and supports cash needs, provides cash flow
visibility, and mitigates risks from natural gas price volatility.
A significant portion of the company's natural gas production for
2025 is hedged and the company has hedges going out for several
years. Moody's expects Ascent to use free cash flow to reduce debt
and to return capital to shareholders within free cash flow.
Moody's expects Ascent to maintain very good liquidity through
mid-2026. Ascent has an RBL revolving credit facility with $2
billion in elected commitments and a $3 billion borrowing base. As
of March 31, 2025, the company had $485 million in borrowings
outstanding on its revolver and $84 million in letters of credit.
As of March 31, 2025, Ascent held $7 million in cash. The revolver
matures in June 2029 and has a springing maturity 91 days prior to
the date that any single series of senior unsecured notes mature if
the outstanding principal is greater than or equal to $350 million.
After refinancing the notes due 2028, the next series of notes with
more than this amount outstanding is Ascent's senior notes due June
2029. The revolver has two financial covenants including a maximum
leverage ratio of 3.5x (net of up to $100 million of cash) and a
minimum current ratio of 1.0x. Moody's expects Ascent to maintain
compliance with these covenants.
The stable outlook reflects Moody's expectations for Ascent to use
a meaningful portion of free cash flow to reduce debt and to
maintain solid credit metrics, with cash flow supported by
significant natural gas hedges.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade include greater than expected
debt reduction below $2 billion; maintenance of production and
replacement of reserves while generating positive free cash flow;
lower leverage and retained cash flow (RCF) to debt sustained above
40%; and managing shareholder returns within cash flow.
Factors that could lead to a downgrade include deteriorating cash
margins or capital returns; RCF/debt below 30%; deterioration of
liquidity; or more aggressive financial policies.
Ascent, headquartered in Oklahoma City, Oklahoma, is a privately
owned independent exploration and production company focused on
natural gas production in the Utica Shale in Ohio. Its shareholders
include The Energy & Minerals Group, First Reserve Corporation, and
Riverstone. During the first quarter of 2025, Ascent produced 2,002
mmcfe/d (16% liquids).
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
ASURION LLC: Moody's Rates New $1BB First Lien Term Loan 'Ba3'
--------------------------------------------------------------
Moody's Ratings has assigned a Ba3 rating to Asurion, LLC's
(Asurion) new $1 billion five-year senior secured first-lien term
loan. Asurion intends to use net proceeds of the offering to
partially refinance the existing senior secured first-lien term
loan maturing December 2026. The rating outlook for Asurion is
unchanged at stable.
RATINGS RATIONALE
Asurion's ratings reflect the company's strong market presence in
mobile device services, including fulfillment, repair and
administration, distributed through wireless carriers in the US,
Japan and other selected international markets. Asurion also has a
smaller but growing presence in extended warranty, service and
replacement subscription plans for consumer electronics and
appliances offered through retailers, other partners and its own
distribution channels, such as its repair shop network and a remote
technician network. In both segments, a growing share of Asurion's
revenue comes from comprehensive technical support bundled with
other product offerings. Asurion has a record of efficient
operations and healthy profit margins.
A key credit challenge for Asurion is its business concentration
among leading wireless carriers, although Asurion regularly
negotiates multiyear contract extensions with the carriers. Another
challenge is foreign exchange risk associated with Asurion's large
Japanese business, which the company hedges through a range of
derivatives that help protect enterprise value but add volatility
to reported earnings.
In the fourth quarter of 2024 and first quarter of 2025, Asurion
successfully extended contracts with some of its largest wireless
carrier partners, including two longer-than-average extensions with
US carriers. Given the renewals come with modest EBITDA and free
cash flow impacts, Moody's expects Asurion's pro-forma
debt-to-EBITDA ratio, (EBITDA – capex) interest coverage, and
free-cash-flow-to-debt ratio to be moderately pressured over the
short term. These metrics incorporate Moody's adjustments for
operating leases, noncontrolling interest expense and foreign
exchange hedging.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Factors that could lead to an upgrade of Asurion's ratings include:
(i) debt-to-EBITDA ratio below 5x; (ii) (EBITDA - capex) coverage
of interest above 3.5x; and (iii) free-cash-flow-to-debt ratio
above 8%.
Factors that could lead to a downgrade of Asurion's ratings
include: (i) debt-to-EBITDA ratio above 6.5x; (ii) (EBITDA - capex)
coverage of interest below 2x; (iii) free-cash-flow-to-debt ratio
below 4%; or (iv) loss of a major carrier relationship.
The principal methodology used in this rating was Insurance Brokers
and Service Companies published in February 2024.
Based in Nashville, Tennessee, Asurion is a global provider of
insurance, repair, replacement, installation and technical support
for mobile devices and other consumer electronics and appliances.
Asurion generated revenue of $9.2 billion for the 12 months through
March 2025.
ATLANTIC NATURAL: Hires Stone Pigman Walther as Special Counsel
---------------------------------------------------------------
Atlantic Natural Foods, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Louisiana to employ Stone Pigman
Walther Wittman L.L.C. as special corporate and transactional
counsel.
The firm will provide legal advice to the Debtor in connection with
the proposed sale of the Debtor or substantially all of its assets
within the context of a Chapter 11 bankruptcy. This includes, but
is not limited to, negotiating, drafting, and executing purchase
agreements and/or associated agreements or documents through and
including the closing of such a transaction or transactions.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Ms. Rieveschl disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
David C. Rieveschl, Esq.
Stone Pigman Walther Wittman L.L.C.
909 Poydras Street, Suite 3150
New Orleans, LA 70112-4041
Tel: (504) 581-3200
About Atlantic Natural Foods, LLC
Atlantic Natural Foods, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-10676) on
April 7, 2025, listing between $10 million and $50 million in
assets and between $1 million and $10 million in liabilities. J.
Douglas Hines, manager, signed the petition.
Judge Meredith S. Grabill oversees the case.
The Debtor tapped Tristan Manthey, Esq., at Fishman Haygood, LLP as
counsel and Malcom M. Dienes LLC as accountant.
AVONDALE CAPITAL: Maricopa Property Sale to Covenant Int'l OK'd
---------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Arizona has approved
Avondale Capital LLC to sell Property in a private sale, free and
clear of liens, interests, and encumbrances.
The Debtor's Property for sale is located at the North of the
Northeast Corner of Eliseo C. Felix, Jr., Way and 9th Street,
Avondale, Maricopa County.
The Debtor owns the vacant Real Property and the sale includes a
parcel of land owned by Regency Capital which is not an asset of
the bankruptcy estate nor subject to any lien as described above
and which combined with the Debtors property has resulted in an
offer over one million dollars.
The Real Property has been marketed by Tyson Breinholt, a licensed
Commercial Real Estate Broker working through his Firm of J&J
Commercial Properties
Inc.
The Debtor wants to sell the Property to Covenant Interest-Avondale
LLC, an Arizona limited liability company, and/or assignee for
$,250,000.
The secured creditors of the Property are: Community Valley Bank,
Maricopa County treasurer, while the unsecured creditor is Narinder
Gill.
The Court ordered that Covenant Interests-Avondale shall purchase
Community Valley Bank's first priority lien secured by the real
property described as: approximately 2.92 acres of vacant land
located on two parcels in the County of Maricopa.
The Proposed Buyer shall provide to the Bank proof of funds in the
amount of $300,000, in the format requested by the Bank, by no
later than 1:00 p.m. (Mountain Standard Time) on June 6, 2025.
The Proposed Buyer shall pay $286,552.53 to the Bank by wire
transfer by no later than the close of business (5:00 p.m. Mountain
Standard Time) on June 12, 2025.
If the Bank does not receive the Funds in full by the Payment
Deadline, the Bank, on June 13, 2025, shall upload an order
dismissing the instant chapter 11 case with a 180-day bar to
refiling
About Avondale Capital LLC
Avondale Capital, LLC filed a voluntary petition for relief under
Chapter 11 of the United States Bankruptcy Code (Bankr. D. Ariz.
Case No. 25-01783), listing under $1 million in both assets and
liabilities.
Judge Daniel P. Collins oversees the case.
Keith M. Knowlton, Esq., at Keith M. Knowlton, LLC serves as the
Debtor's counsel.
BABCOCK & WILCOX: Court Rules on Deposition Designation Objections
------------------------------------------------------------------
Judge Meredith S. Grabill of the United States Bankruptcy Court for
the Eastern District of Louisiana denied The Babcock & Wilcox
Company's sustained in part and overruled in part the evidentiary
objections of The Babcock & Wilcox Co., Philadelphia Energy
Solutions Refining and Marketing LLC and PES Liquidating Trust to
the deposition designations in the adversary proceeding captioned
as THE BABCOCK & WILCOX COMPANY, PLAINTIFF, V. PHILADELPHIA ENERGY
SOLUTIONS REFINING AND MARKETING LLC, PES LIQUIDATING TRUST,
WESTPORT INSURANCE COMPANY, XL INSURANCE AMERICA, INC., ALLIANZ
GLOBAL RISKS US INSURANCE COMPANY, HDI GLOBAL INSURANCE COMPANY,
AND CERTAIN UNDERWRITERS AT LLOYD'S LONDON-SYNDICATE 1221
(NAVIGATORS), ZURICH AMERICAN INSURANCE COMPANY, CERTAIN
UNDERWRITERS AT LLOYD'S SUBSCRIBING TO ENNMG1800181, CERTAIN
UNDERWRITERS AT LLOYD'S SUBSCRIBING TO ENNMG1800281, CERTAIN
UNDERWRITERS AT LLOYD'S SUBSCRIBING TO ENNMG1800282, CERTAIN
UNDERWRITERS AT LLOYD'S SUBSCRIBING TO EN100070-18, DEFENDANTS,
ADV. NO. 21-1014 (Bankr. E.D. La.).
The Court held a trial on April 7, 8, 10, and 11, 2025, to decide
the claims alleged in the adversary proceeding by B&W against the
PES Entities.
Pursuant to the Court's Joint Pretrial Order dated April 4, 2025,
the parties designated excerpts of deposition testimony given by
four witnesses to be offered into evidence in lieu of live
testimony.
Before the Court are the following evidentiary objections to
deposition designations:
(i) the Plaintiff's Objections to Deposition Designation of
Defendants (the "B&W Objection");
(ii) the Defendants' Objections to Plaintiff's Page/Line
Deposition Excerpts and
Memorandum in Support (the "PES Entities Objection");
(iii) B&W's response to the PES Entities Objection; and
(iv) The PES Entities' response to the B&W Objection.
The parties designated excerpts from the following depositions:
(i) June 7, 2023, deposition of Timothy Kocis. Kocis is the
Federal Rule of Civil Procedure 30(b)(6) corporate designee for
Sunoco, LP. He has worked at the company for 24 years and currently
is employed as an environmental engineer. In that role, Kocis
manages health, safety, and environmental risks and has developed
programs to protect workers and ensure regulatory compliance.
(ii) October 7, 2024, deposition of Dominic Giampino (fact witness
for B&W). Giampino was formerly employed by Philadelphia Energy
Solutions ("PES") as a technical manager from 2012 through 2020. In
that position, Giampino was responsible for monitoring operations
of the refinery, developing improvement items, and solving
operating issues. Prior to working with PES, Giampino worked for
Sunoco in various capacities including as a process-design
engineer, technical supervisor, business-planning supervisor, and
process-design supervisor.
(iii) November 22, 2024, deposition of John Sitler (fact witness
for B&W). Sitler has experience with inspections of petrochemical
facilities. He held inspector roles with various companies.
Starting in 1998, he served as an inspection subcontractor for
MISTRAS/QSL, then for Sunoco from 2003 to 2012, and finally for PES
from 2012 until 2020. He is currently employed by Hilco
Redevelopment Partners and works in a management role that is
involved with developing the former PES land where the refinery at
issue was located.
(iv) January 16, 2025, deposition of Brandy Johnson. Johnson is
the Federal Rule of Civil Procedure 30(b)(6) corporate designee for
B&W. Johnson has worked at B&W for over thirty years in a variety
of roles. She previously served as the Vice President of
Engineering and Technology at B&W before being promoted to Chief
Technology Officer.
The B&W Objection and the PES Entities Objection raise the
following evidentiary objections to certain designated excerpts:
(i) lack of personal knowledge or speculation under Federal Rule
of Evidence 602,
(ii) optional completeness under Federal Rule of Evidence 106,
(iii) hearsay under Federal Rule of Evidence 802,
(iv) relevance under Federal Rules of Evidence 401 and 402,
(v) expert opinion testimony prohibited under Federal Rule of
Evidence 701, and
(vi) cumulative testimony.
The Court reviewed Johnson's deposition transcript and none of the
questioning appears to be outside the scope of the Rule 30(b)(6)
deposition notice; indeed, no party asserts otherwise. Therefore,
the Court overrules B&W's general objection and finds that Johnson
was properly designated as B&W's Rule 30(b)(6) corporate
representative for all matters of examination identified in the
Jan. 7, 2025 deposition notice.
The Court orders that the Stipulated Excerpts are admitted into
evidence.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=3b87Bw from PacerMonitor.com.
About Babcock & Wilcox
Headquartered in Akron, Ohio, Babcock & Wilcox Enterprises is a
growing, globally-focused renewable, environmental and thermal
technologies provider with decades of experience providing
diversified energy and emissions control solutions to a broad range
of industrial, electrical utility, municipal and other customers.
B&W's innovative products and services are organized into three
market-facing segments which changed in the third quarter of 2020
as part of the Company's strategic, market-focused organizational
and re-branding initiative to accelerate growth and provide
stakeholders improved visibility into its renewable and
environmental growth platforms.
Babcock & Wilcox reported net losses of $10.30 million in 2020,
$129.04 million in 2019, $724.86 million in 2018, $379.01 million
in 2017, and $115.08 million in 2016. As of Sept. 30, 2021, the
Company had $729.36 million in total assets, $708.96 million in
total liabilities, and $20.40 million in total stockholders'
equity.
The Babcock & Wilcox Company filed for Chapter 11 bankruptcy
(Bankr. E.D. La. Case No. 00-10992) on Feb. 22, 2000, before the
Hon. Judge Jerry A. Brown. A plan was confirmed in the case on
Jan. 18, 2006.
BALKAN EXPRESS: To Sell Truck Terminal to CanTex Re for $4MM
------------------------------------------------------------
Balkan Express, LLC and its affiliate, Balkan Logistics, LLC, seek
permission from the U.S. Bankruptcy Court for the Northern District
of Texas, Fort Worth Division, to sell Truck Terminal, free and
clear of liens, interests, and encumbrances.
The Debtors provide trucking, hauling, and logistics services
principally in Texas and the Western region of the United States.
Information regarding the Debtors’ history and business
operations, capital structure and secured indebtedness, and the
events leading up to the commencement of the Chapter 11 Cases
The Debtors operate their business from a central truck terminal
and office space located at 2560 E Long Ave, Fort Worth, Texas
76137. The Truck Terminal serves as the corporate headquarters for
the Debtors’ operations, and also provides a service and
operational hub for a portion of the Debtors' trucking fleet.
The Debtor has a fee simple ownership interest in the Truck
Terminal, subject to a small number of secured claims.
The Debtor enters into a commercial contract of sale with CanTex Re
Holdings LLC as a Stalking Horse Bidder.
The Debtor proposes to sell the Truck Terminal to CanTex for a
purchase price of $4 million.
As an incentive for the Stalking Horse Bidder to enter into the
Truck Terminal Sale Agreement, the Debtors offered to provide
certain stalking horse protections to the Stalking Horse Bidder.
Specifically, the Debtors offered to provide a break-up fee in the
amount of 5% of the purchase price. The Stalking Horse Bid
Protections do not provide for any expense reimbursement.
To permit the Debtors to solicit higher or otherwise better offers
for the sale of the Truck Terminal, the Debtors propose that any
overbid from any interested party proposing to purchase the Truck
Terminal shall comply with the following overbid requirements.
Each Overbid must be submitted no later than July 18, 2025.
Each Overbid must clearly identify the purchase price to be paid
and specify the aggregate amount of cash and other consideration
being offered.
The Debtors will evaluate Overbids that are timely submitted and
may engage in negotiations with Potential Bidders who submitted
Overbids as the Debtors deem appropriate in the exercise of their
reasonable business judgment, based upon the Debtors' evaluation of
the content of each Overbid.
The Debtors believe that selling the Truck Terminal represents a
reasonable exercise of sound business judgment and is in the best
interests of the Debtors' estates.
The Debtors' proposed real estate broker, Younger Partners Dallas,
LLC, negotiated with the Stalking Horse Bidder and certain other
interested parties.
The Debtors submit that the relief contemplated to sell the Truck
Terminal in a private sale transaction will provide a greater
recovery for the Debtors’ estates than would be provided by any
other available alternative.
About Balkan Express, LLC
Balkan Express LLC is a transportation and logistics company based
in Fort Worth, Texas, offering full truckload and
less-than-truckload freight services across the 48 contiguous U.S.
states. The Company operates a fleet of over 150 trucks and 250
trailers and offers 24/7 dispatch support with GPS tracking.
Balkan Express LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41544) on April 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million.
The Debtor is represented by Joshua N. Eppich, Esq. at BONDS ELLIS
EPPICH SCHAFER JONES LLP.
BEARSVILLE LLC: Hires William S. Gannon PLLC as Counsel
-------------------------------------------------------
Bearsville, LLC seeks approval from the U.S. Bankruptcy Court for
the District of New Hampshire to employ William S. Gannon PLLC as
counsel.
The firm will provide these services:
a. advising the Debtor with respect to its powers and duties as
debtor-in-possession and the continued management and operation of
its businesses and properties;
b. attending meetings and negotiating with representatives of
creditors and other parties in interest, responding to creditor
inquiries, and advising and consulting on the conduct of the case,
including all of the legal and administrative requirements of
operating in Chapter 11;
c. negotiating and preparing on behalf of the Debtor a plan or
plans of reorganization, and all related documents, and prosecuting
the plan or plans through the confirmation process;
d. representing the Debtor in connection with any adversary
proceedings or contested matters or any other action commenced by
or against Debtor to protect and preserve the Debtor's estate;
e. advising the Debtor in connection with any sale of assets;
f. representing and advising the Debtor regarding
post-confirmation operations and consummation of a plan or plans of
reorganization;
g. appearing before this Court, any appellate courts, and the
U.S. Trustee and protecting the interests of the Debtor before such
courts and the U.S. Trustee;
h. preparing necessary motions, applications, answers, orders,
reports, and papers necessary to the administration of the estate;
and
i. performing all other legal services for and providing all
other legal advice to the Debtor that may be necessary and proper
in these proceedings, including, without limitation, services or
legal advice relating to applicable state and federal laws and
securities, labor, commercial, and real estate laws.
The firm will be paid at these rates:
William S. Gannon, Esq. $600 hour
Mari Voisine, Paralegal $120 hour
Jeanne Arquette-Koehler, Paralegal $120 hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Gannon disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
William S. Gannon, Eq.
William S. Gannon PLLC
740 Chestnut Street
Manchester, NH 03104
Tel: (603) 621-0833
Email: bgannon@gannonlawfirm.com
About Bearsville, LLC
Bearsville LLC is a limited liability company.
Bearsville LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.H. Case No. 25-10294) on May 5, 2025.
In its petition, the Debtor reports estimated assets up to $50,000
and estimated liabilities between $1 million and $10 million.
The Debtor is represented byPeter N. Tamposi, Esq. at THE TAMPOSI
LAW GROUP, P.C.
BECKHAM JEWELRY: Hires Rollins Law Firm PLLC as Counsel
-------------------------------------------------------
Beckham Jewelry, LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Mississippi to employ The Rollins Law
Firm, PLLC as counsel to handle its chapter 11 case.
The firm will be paid at these rates:
Thomas C. Rollins, Jr., Esq. $360 per hour
Paralegals $155 per hour
Legal Assistants $100 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Rollins disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Thomas C. Rollins, Jr., Esq.
The Rollins Law Firm, PLLC
P.O. Box 13767
Jackson, MS 39236
Tel: (601) 500-5533
Email: trollins@therollinsfirm.com
About Beckham Jewelry, LLC
Beckham Jewelry, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Miss. Case No. 25-01234-JAW) on May
14, 2025. In the petition signed by Brian Lee Beckham, member, the
Debtor disclosed up to $10 million in assets and up to $500,000 in
liabilities.
Judge Jamie A. Wilson oversees the case.
Thomas C. Rollins, Jr., Esq., at The Rollins Law Firm, PLLC,
represents the Debtor as legal counsel.
BENNY AND MARYS: Case Summary & 17 Unsecured Creditors
------------------------------------------------------
Debtor: Benny and Marys Irvine, LLC
d/b/a Benny and Marys Better Together
18420 Von Karman Avenue, #100
Irvine, CA 92612
Business Description: Benny and Marys Irvine, LLC operates a
full-service restaurant in Irvine,
California. The establishment offers
brunch, dinner, and craft cocktails, with a
menu inspired by global cuisine and
California flavors. Its interior features a
whimsical, maximalist design aimed at
creating a distinctive dining experience.
Chapter 11 Petition Date: June 6, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-14830
Debtor's Counsel: Christopher A. Minier, Esq.
GOLDEN GOODRICH LLP
3070 Bristol Street, Suite 640
Costa Mesa, CA 92626
Email: cminier@go2.law
Total Assets: $1,867,887
Total Liabilities: $2,612,582
The petition was signed by Chad Reinhardt as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's 17 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/567MMNY/Benny_and_Marys_Irvine_LLC__cacbke-25-14830__0001.0.pdf?mcid=tGE4TAMA
BERNARD L. MADOFF: Trustee Secures $498M Recovery from LIF Fund
---------------------------------------------------------------
Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee
for the liquidation of Bernard L. Madoff Investment Securities LLC
(BLMIS), announced a recovery agreement with Luxembourg Investment
Fund and Luxembourg Investment Fund U.S. Equity Plus, as
represented by their Liquidators, Maître Alain Rukavina and Paul
Laplume (collectively, "LIF"). LIF was a Luxembourg investment fund
invested exclusively with BLMIS as UBS (Luxembourg) S.A. beginning
in September 2005. As set forth in the motion filed today in the
United States Bankruptcy Court for the Southern District of New
York seeking approval of the agreement, the settlement resolves
both the SIPA Trustee's claims in the amended complaint and LIF's
customer claim.
Under the terms of the agreement, the SIPA Trustee will receive
$498.3 million for the benefit of the BLMIS Customer Fund. The
payment amount represents 100 percent of the transfers LIF received
from BLMIS. In addition, the Trustee will share 15% of the proceeds
from a lawsuit that LIF commenced in Luxembourg against UBS
relating to Madoff's Ponzi scheme. The approval hearing has been
set for June 25, 2025 at 10:00 a.m. EST.
LIF will receive an allowed customer claim of approximately $758.8
million and a corresponding catch-up distribution based on the
sixteen pro rata interim distributions made to date. At closing,
LIF will fund the $498.3 million settlement payment through a
deduction from the catch-up distribution on the allowed claim and
an assignment of the SIPC advance owed on the allowed claim to the
SIPA Trustee. The SIPA Trustee will pay LIF approximately $45.1
million, consisting of the net balance of the catch-up distribution
due on the allowed claim.
"We congratulate the SIPA Trustee and his team for their success in
reaching this important settlement agreement," said Josephine Wang,
President and Chief Executive Officer of SIPC.
"The settlement with LIF not only resolves our case against a
significant international defendant, but it also has the benefit of
freeing up reserves in the customer fund for distribution to other
Madoff customers with allowed claims who have yet to recover their
principal," Mr. Picard said. "I want to thank David Sheehan and his
legal team for their commitment to achieving this successful
outcome."
"While it's taken extensive negotiations, we are gratified to
achieve a successful resolution while avoiding the time, expense
and uncertainty of international litigation," said David J.
Sheehan, Chief Counsel to the SIPA Trustee.
"It's deeply rewarding to reach this comprehensive and favorable
resolution, recovering the full amount of the claim and the
potential for additional proceeds from the Luxembourg litigation,"
said Oren Warshavsky, counsel to the SIPA Trustee. "This settlement
reflects the strength of our legal position as well as the
unwavering commitment, strategic excellence, and collaborative
spirit of our legal team."
The SIPA Trustee's motion can be found on the United States
Bankruptcy Court's website at http://www.nysb.uscourts.gov/;Bankr.
S.D.N.Y., No. 08-01789 (LGB) / Adv. Pro. No. 09-01364 (LGB). The
motion -- as well as further information on recoveries to date,
other legal proceedings, further settlements, and general
information -- can also be found on the SIPA Trustee's website:
www.madofftrustee.com.
Ms. Wang and Messrs. Picard and Sheehan would like to thank the
Securities Investor Protection Corporation's Michael Post, Kevin H.
Bell, Nathanael Kelley, and Nicholas Hallenbeck, as well as Baker
Hostetler attorneys Mr. Warshavsky, Michelle R. Usitalo, Tatiana
Markel, Geoffrey North, and Gonzalo Zeballos, who assisted with the
work on this matter and settlement.
About Bernard L. Madoff
Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff
orchestrated the largest Ponzi scheme in history, with losses
topping US$50 billion. On Dec. 15, 2008, the Honorable Louis A.
Stanton of the U.S. District Court for the Southern District of New
York granted the application of the Securities Investor Protection
Corporation for a decree adjudicating that the customers of BLMIS
are in need of the protection afforded by the Securities Investor
Protection Act of 1970. The District Court's Protective Order (i)
appointed Irving H. Picard, Esq., as trustee for the liquidation of
BLMIS, (ii) appointed Baker & Hostetler LLP as his counsel, and
(iii) removed the SIPA Liquidation proceeding to the Bankruptcy
Court (Bankr. S.D.N.Y. Adv. Pro. No. 08-01789) (Lifland, J.). Mr.
Picard has retained AlixPartners LLP as claims agent.
On April 13, 2009, former BLMIS clients filed an involuntary
Chapter 7 bankruptcy petition against Bernard Madoff (Bankr.
S.D.N.Y. 09-11893). The petitioning creditors -- Blumenthal &
Associates Florida General Partnership, Martin Rappaport Charitable
Remainder Unitrust, Martin Rappaport, Marc Cherno, and Steven
Morganstern -- assert US$64 million in claims against Mr. Madoff
based on the balances contained in the last statements they got
from BLMIS.
On April 14, 2009, Grant Thornton UK LLP as receiver placed Madoff
Securities International Limited in London under bankruptcy
protection pursuant to Chapter 15 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. 09-16751). The Chapter 15 case was later
transferred to Manhattan. In June 2009, Judge Lifland approved the
consolidation of the Madoff SIPA proceedings and the bankruptcy
case.
Judge Denny Chin of the U.S. District Court for the Southern
District of New York on June 29, 2009, sentenced Mr. Madoff to 150
years of life imprisonment for defrauding investors in United
States v. Madoff, No. 09-CR-213 (S.D.N.Y.).
From recoveries in lawsuits coupled with money advanced by SIPC,
Mr. Picard has commenced distributions to victims. As of Jan. 31,
2021, and since his appointment in December 2008, the SIPA Trustee
has amassed more than $14.413 billion as a result of recoveries and
settlement agreements. These recoveries exceed similar efforts
related to prior Ponzi scheme recoveries, in terms of dollar value
and percentage of stolen funds recovered. Eligible BLMIS customers
have now received almost 70% of their allowed claims, and the SIPA
Trustee is optimistic that this figure will rise as the Trustee
secure more recoveries and distributions in the future.
BRADYIFS HOLDINGS: T. Rowe Marks $918,000 1L Loan at 79% Off
------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$918,000 loan extended to Bradyifs Holdings, LLC to market at
$197,000 or 21% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to Bradyifs Holdings,
LLC. The loan accrues interest at a rate of 9.29% per annum. The
loan matures on October 11, 2029.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Bradyifs Holdings, LLC
BradyIFS stands at the forefront of the foodservice and JanSan
industries, renowned for its excellence in sourcing, management,
and distribution.
BREWER MACHINE: Hires Harlin Parker Attorneys at Law as Counsel
---------------------------------------------------------------
Brewer Machine & Parts, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Kentucky to employ Harlin Parker
Attorneys at Law as counsel.
The firm will provide these services:
a. give legal advice with respect to the Debtor's powers and
duties as debtor in possession in the continued operation of the
estate's business and management of its assets;
b. take all necessary action to protect and preserve the
Debtor's estate, including the prosecution of actions on behalf of
the Debtor, the defense of any actions commenced against the
Debtor, negotiations concerning all litigation which the Debtor is
involved, if any, and objecting to claims filed against the
Debtor's estate;
c. prepare on behalf of the Debtor all necessary motions,
answers, orders, reports, and other legal papers in connection with
the administration of the Debtor's estate herein; and
d. perform any and all other legal services for the Debtor in
connection with the Chapter 11 case and the formulation
implementation of the Debtor's Chapter 11 Plan.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Mr. Chaudoin disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Robert C. Chaudoin, Esq.
Harlin Parker Attorneys at Law
519 E. 10th Street
P.O. Box 390
Bowling Green, KY 42102
Tel: (270) 842-5611
Email: chaudoin@harlinparker.com
About Brewer Machine & Parts, LLC
Brewer Machine & Parts LLC manufactures woodworking and material
handling equipment used in industries such as sawmills, pallet
production, and cooperage. Based in Central City, Kentucky, the
Company serves domestic and international markets including the
U.S., Australia, Uruguay, and Saudi Arabia. Established in 1967, it
offers both new and refurbished machinery.
Brewer Machine & Parts LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Ky.Case No. 25-40336) on May 15,
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 Robert C. Chaudoin, Esq. at HARLIN
PARKER.
BROWN & BROWN: Seeks to Hire Haynie & Company as Accountant
-----------------------------------------------------------
Brown & Brown Resources, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Texas to employ Haynie
& Company as accountant.
The firm will provide these services:
-- reconcile intercompany accounts;
-- review and update fixed asset depreciation schedule and make
necessary adjustments, write-off disposed/obsolete assets;
-- review and reconcile Loan to shareholder account;
-- review and update payroll mapping in QuickBooks;
-- reconcile payroll accounts to quarterly payroll tax return
filings;
-- fix/clean-up stale dated bank reconciliation items;
-- review revenue recognition practices for compliances with tax
and accounting standards; and
-- review all lease commitments for compliance with current tax
and accounting standards;
The firm will be paid at the rates of $165 to $375 per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Boekweg disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
John Boekweg, CPA
Haynie & Company
2702 N. Loop 1604 E., Suite 202
San Antonio, TX 78232
Tel: (210) 979-0054
Email: johnb@hayniecpas.com
About Brown & Brown Resources, Inc.
Brown & Brown Resources, Inc. operating as Home Nursing & Therapy
Services, is a home health care provider specializing in delivering
nursing and therapy services to individuals in need of in-home
care.
Brown & Brown Resources sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Texas Case No. 25-50501) on March
17, 2025, listing $2,128,167 in assets and $3,848,513 in
liabilities. Eduardo J. Guimbarda, president of Brown & Brown
Resources, signed the petition.
Judge Michael M Parker oversees the case.
William R. Davis, Jr., Esq., at Langley & Banack, Inc., represents
the Debtor as legal counsel.
BURLINGTON COAT: Moody's Rates New $500MM Secured Term Loan 'Ba1'
-----------------------------------------------------------------
Moody's Ratings assigned Ba1 rating to Burlington Coat Factory
Warehouse Corp's ("Burlington") new $500 million senior secured
term loan B. All other ratings including the company's Ba1
corporate family rating, Ba1-PD probability of default rating and
speculative grade liquidity rating (SGL) of SGL-1 remain unchanged.
The outlook remains stable.
The company previously used about $415 million in cash to purchase
a new DC and repay maturing convertible notes and the new term loan
proceeds will be used to replenish the company's cash balance and
for general corporate purposes.
RATINGS RATIONALE
Burlington's Ba1 CFR reflects its conservative financial strategy
and very good liquidity. Proforma for the new term loan
transaction the company will have over $850 million of cash.
Moody's expects that Burlington's margins and profitability will
remain healthy over the next 12 months as consumers increasingly
looking for value and continue to trade down as disposable income
remains pressured by overall higher prices on essentials such as
housing and food. Moody's expects Burlington to maintain
debt/EBITDA around 3.3x in the next 12 months with EBITA/interest
at about 3.5x. Burlington's concentration in off-price retail is a
positive as this segment has historically grown faster than other
apparel-related sub-sectors and has performed relatively well
during economic downturns when consumers look for value. The
ongoing uncertain consumer spending and tariff environment remains
a headwind for the company, but Moody's believes that the company's
off-price business model and its favorable inventory sourcing
environment will offset some of these pressures. The company's
improved merchandising initiatives and real estate expansion
through smaller stores are likely to support a sustained
improvement in operating margins. However, the company still has a
relatively weaker competitive position, as it is significantly
smaller with lower operating margins than its largest peers — TJX
and Ross Stores.
The stable outlook reflects Moody's expectations that operating
performance including operating margins and revenue will continue
to improve and that Burlington's new store growth plans will be
successful. The stable outlook also reflects that financial
strategy is expected to remain conservative and liquidity is
expected to remain very good.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
An upgrade in rating would require clearly articulated financial
strategies and a capital structure that will support an investment
grade rating as well as a geographically well diversified store
base. An upgrade will also require continued improvement in
operating performance including EBIT margin and revenues, such that
debt/EBITDA is sustained below 2.5x and EBITA/interest expense is
sustained above 5.0x. A rating upgrade will also require
maintaining strong liquidity.
A rating could be downgraded if overall operating performance
including EBIT margin deteriorates, such that debt/EBITDA is
sustained above 3.75x and EBITA/interest expense is sustained below
3.25x. A rating downgrade could also occur in the event
Burlington's financial strategy was to become more aggressive or
its liquidity profile weakens.
Headquartered in Florence, NJ, Burlington Stores operates a
national chain of off-price retail stores, operating 1,108 stores
as of February 1, 2025, primarily under the Burlington Stores name.
LTM revenues were approximately $10.6 billion as of February 1,
2025.
The principal methodology used in this rating was Retail and
Apparel published in November 2023.
CAPSTONE CONSULTING: Court OKs Logan Property Sale
--------------------------------------------------
The U.S. Bankruptcy Court for the District of Utah has approved
Capstone Consulting LLC to sell Property, free and clear of liens,
interests, and encumbrances.
The Court has authorized the Debtor to sell its Property located at
approximately 1200 East 1400 North, Logan, Utah.
The Court acknowledged that the agreement was negotiated, proposed,
and entered by the Debtor and Alexander Ray Elliott, Kristopher
Egbert, and Ricky Humphreys in good faith, and from arm's length
bargaining positions.
The Court has determined that proper, timely, adequate and
sufficient notice of the motion has been provided and such notice
was reasonable, sufficient, and appropriate under the
circumstances.
The Debtor is authorized and directed to execute and deliver, and
is empowered to perform under, consummate and implement the
Agreement.
About Capstone Consulting LLC
Capstone Consulting LLC is involved in real estate development,
with a focus on residential projects in the Logan, Utah area. The
Company works on subdividing properties, expanding neighborhoods,
and collaborating with other stakeholders to enhance local
communities.
Capstone Consulting LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Utah Case No. 25-20752) on February 18,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Joel T. Marker handles the case.
The Debtor is represented by George B. Hofmann, Esq. at COHNE
KINGHORN, P.C.
CFMS TEXAS: Seeks Chapter 11 Bankruptcy in Texas
------------------------------------------------
On June 2, 2025, CFMS Texas Properties 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 CFMS Texas Properties LLC
CFMS Texas Properties LLC is a single-asset real estate company
whose principal asset is located at 6001 Tension Drive, Fort Worth,
TX 76112.
CFMS Texas Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-42027) on June
2, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated assets between
$100,000 and $500,000.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtors are represented by Joyce W. Lindauer, Esq. at JOYCE W.
LINDAUER ATTORNEY, PLLC.
CHESAPEAKE ENERGY: Dismissed from Two Access Midstream Cases
------------------------------------------------------------
Judge Karoline Mehalchick of the United States District Court for
the Middle District of Pennsylvania dismissed Chesapeake Energy
Corporation, n/k/a Expand Energy Corporation from these actions:
1. JAMES L. BROWN, et al., Plaintiffs, v. ACCESS MIDSTREAM
PARTNERS, L.P., et al., Defendants, Case No. 3:14-cv-00591; and
2. THE SUESSENBACH FAMILY LIMITED PARTNERSHIP, et al.,
Plaintiffs, v. ACCESS MIDSTREAM PARTNERS, L.P., et al., Defendants,
Case No. 3:14-CV-1197
The related cases were filed in 2014 against Defendants Access
Midstream Partners, L.P., Chesapeake, and the Williams Companies,
Inc. by James L. Brown on behalf of himself and all others
similarly situated and the Suessenbach Family Limited Partnership,
James S. Suessenbach, and Gina M. Suessenbach individually and on
behalf of all others similarly situated respectively.
In their operative amended complaint, Brown Plaintiffs also name
Domenic J. Dell'Osso, Jr. as a defendant. Before the Court are two
Motions to Clarify Notices of Partial Dismissal and to Enforce the
Bankruptcy Court Orders by Dismissing Chesapeake Energy Corporation
and Domenic J. Dell'Osso, Jr. with Prejudice filed by Defendants
Chesapeake Energy Corporation and Dell'Osso --- Moving Defendants
--- in the related cases.
Both the Brown Plaintiffs and the Suessenbach Plaintiffs bring
their claims under the Racketeer Influenced and Corrupt
Organizations Act. On June 28, 2020, while the Brown and
Suessenbach matters remained pending, Chesapeake filed for relief
under Chapter 11 of the Bankruptcy Code.
On Jan. 12, 2021, Chesapeake filed the Fifth Amended Joint Chapter
11 Plan of Reorganization.
On April 18, 2024, the Brown Plaintiffs and Suessenbach Plaintiffs
filed identical Motions for Partial Dismissal of Claims Pursuant to
Federal Rule of Civil Procedure 41(a) against Chesapeake. There,
Plaintiffs asserted that Chesapeake's bankruptcy does not affect
claims that arose after the Effective Date of its Chapter 11 Plan
or Reorganization and in no way affects the Brown Plaintiffs'
claims against Dell'Osso. On May 16, 2024, Chesapeake and
Dell'Osso also filed a Motion for Entry of an Order Enforcing the
Confirmation Order and Plan in Bankruptcy Court. Therein, Moving
Defendants argued that the Brown and Suessenbach Plaintiffs' claims
against Chesapeake were discharged and released in their entirety
by the Chapter 11 Plan, and that the Brown Plaintiffs' claims
against Dell'Osso were similarly released in their entirety by the
Chapter 11 Plan. The Bankruptcy Court agreed and on Feb. 3, 2025,
granted Moving Defendants' motion. Regarding the claims against
Dell'Osso, the Bankruptcy Court concluded that Plaintiffs are
barred from litigating claims alleged against Dell'Osso in his
capacity as a Chesapeake officer for pre-Effective Date acts, which
includes the RICO based claims.
On Feb. 10, 2025, the Brown Plaintiffs and Suessenbach Plaintiffs
filed Notices of Partial Dismissal pursuant to Federal Rule of
Civil Procedure 41(a)(2) to dismiss with prejudice all claims
against Chesapeake Energy Corporation and all claims against
Dell'Osso to the extent they are alleged against Dell'Osso in his
capacity as a Chesapeake officer for pre-Effective Date acts. On
Feb. 28, 2025, Moving Defendants filed the instant motions for
clarification, arguing that these notices are procedurally and
substantively improper.
Moving Defendants seek to enforce the Chapter 11 Plan as confirmed
in the Bankruptcy Court's Feb. 3, 2025 Order by dismissing
Chesapeake and Dell'Osso from the both actions.
The parties concur in the dismissal of Chesapeake from each action.
However, they disagree about whether Dell'Osso should be dismissed
from the Brown v. Access matter in his capacity as a director of
Access. The Court agrees with Plaintiffs that, in effect, Moving
Defendants are actually inappropriately seeking dismissal of
potentially viable claims under the guise of a Motion for
Clarification. In support of their position that Dell'Osso should
be wholly dismissed from this action, Moving Defendants assert that
the Bankruptcy Court made clear that there is no viable claim
asserted in the Brown action against Mr. Dell'Osso.
Given the nature of the claims in this case, the Court finds it
difficult to parse out whether Dell'Osso was acting solely for
Chesapeake, Access, or even his own benefit in the allegations
contained in the amended complaint. Nor does it have to do so at
this pre-discovery stage of the litigation, as the Court found, in
2015, that the Brown Plaintiffs' claims were sufficiently pled.
Without the benefit of discovery and the record contemplated by the
Bankruptcy Court, the Court cannot conclude that Dell'Osso never
acted solely in his capacity as a director of Access. Nonetheless,
the Court finds it premature to dismiss Dell'Osso entirely from
this action, and therefore will deny moving Defendants' motion to
the extent that it seeks dismissal of potentially viable claims
against Dell'Osso.
The Court dismissed with prejudice Chesapeake from both the Brown
and Suessenbach cases and Dell'Osso in his capacity as a
representative of Chesapeake in the Brown case, as he is not a
named defendant in the Suessenbach litigation. Moving Defendants'
motion for clarification is granted to the extent it seeks
clarification from the Court as to the status of Dell'Osso as a
Defendant in the Brown matter. The motions are denied to the extent
that they seek Dell'Osso's dismissal from the Brown matter in his
capacity as a director of Access. This denial is without prejudice
to the Court revisiting this issue on summary judgment following a
period of discovery. The outstanding motions to dismiss are also
denied as moot.
A copy of the Court's decision dated May 16, 2025, is available at
https://urlcurt.com/u?l=Fno8yJ from PacerMonitor.com.
About Chesapeake Energy Corp.
Headquartered in Oklahoma City, Chesapeake Energy Corporation's
(NASDAQ: CHK) operations are focused on discovering and responsibly
developing its large and geographically diverse resource base of
unconventional oil and natural gas assets onshore in the United
States.
Chesapeake Energy and its affiliates sought Chapter 11 protection
(Bankr. S.D. Tex. Lead Case No. 20-33233) on June 28, 2020, after
reaching terms of a Chapter 11 plan of reorganization to eliminate
approximately $7 billion of debt.
The Debtors tapped Kirkland & Ellis LLP as legal counsel, Jackson
Walker LLP as co-counsel and conflicts counsel, Alvarez & Marsal as
restructuring advisor, Rothschild & Co and Intrepid Financial
Partners as financial advisors, and Reevemark as communications
advisor. Epiq Global served as the claims agent, maintaining the
page
http://www.chk.com/restructuring-information
Wachtell, Lipton, Rosen & Katz served as legal counsel to
Chesapeake Energy's Board of Directors.
MUFG Union Bank, N.A., the DIP facility agent and exit facilities
agent, has tapped Sidley Austin LLP as legal counsel, RPA Advisors
LLC as financial advisor, and Houlihan Lokey Capital Inc. as
investment banker.
Davis Polk & Wardell LLP and Vinson & Elkins L.L.P. served as legal
counsel to an ad hoc group of first lien last out term loan lenders
while Perella Weinberg Partners and Tudor, Pickering, Holt & Co.
served as the group's investment bankers.
Franklin Advisers, Inc., tapped Akin Gump Strauss Hauer & Feld LLP
as legal counsel, FTI Consulting, Inc. as financial advisor, and
Moelis & Company LLC as investment banker.
On July 9, 2020, the Office of the U.S. Trustee appointed a
committee to represent unsecured creditors in Debtors' Chapter 11
cases. The unsecured creditors' committee tapped Brown Rudnick, LLP
and Norton Rose Fulbright US, LLP as its legal counsel, and
AlixPartners, LLP as its financial advisor.
On July 24, 2020, the bankruptcy watchdog appointed a committee of
royalty owners. The royalty owners' committee is represented by
Forshey & Prostok, LLP.
On February 9, 2021, Chesapeake successfully concluded its
restructuring process and emerged from Chapter 11, satisfying all
conditions precedent under its Plan of Reorganization.
CHG US: Seeks To Sell Restaurant Business at Auction
----------------------------------------------------
CHG US Holdings LLC and its affiliates, seek approval from the U.S.
Bankruptcy Court for the District of Delaware, to sell
substantially all of its Assets in Auction, free and clear of
liens, interest, and encumbrances.
The Debtors operate a chain of vegan restaurants in Florida,
Georgia, California, New York, Illinois, California, the District
of Columbia, and Maryland, and wholly own nondebtor affiliates that
have operations in Toronto, Canada. Founded in 2016, Planta is
known for providing guests with an exceptional dining experience
featuring high quality, seasonal, plant based food and drinks that
show off the power of vegetables.
The Debtors commences chapter 11 cases to initiate an in-court
restructuring strategy through a court-approved bidding and auction
process designed to foster competitive bidding and maximize the
value of the Debtors' estates for the benefit of their
stakeholders.
The Debtors receive approval for the post-petition financing from
Anchorage Illiquid Opportunities Master VI (B), L.P. (DIP Lender)
on an interim basis.
The Debtors believe strongly that a value-maximizing transaction
can be achieved expeditiously through a sale and designed the
Bidding Procedures to maximize the likelihood of competitive
participation in the Sale while maintaining optionality for the
Debtors and their stakeholders.
The Debtors engaged Cassel Salpeter & Co. to act as the Debtors'
investment banker.
The Debtors believe that a prompt sale of the Assets through a
comprehensive Sale
process represents the best option available to maximize value for
all stakeholders.
The Debtors request approval of the sale timeline:
-- Entry of an Order Approving Bid Procedures: June 23, 2025.
-- Stalking Horse Notification Deadline: June 25, 2025 at 4:00 p.m.
(prevailing Eastern Time).
-- Stalking Horse Objection Deadline: June 30, 2025 at 4:00 p.m.
(prevailing Eastern Time).
-- Bid Deadline: July 18, 2025, at 4:00 p.m. (prevailing Eastern
Time).
-- Auction: July 21, 2025, at 10:00 a.m. (prevailing Eastern
Time).
-- Successful Bidder Notice Deadline: By July 22, 2025 at 9:00 a.m.
(prevailing Eastern Time).
-- Successful Bidder Objection Deadline: July 23, 2025 by 12:00
p.m. (prevailing Eastern Time).
-- Sale Hearing: July 25, 2025
-- Sale Closing Deadline: August 5, 2025
The Debtors believe that this timeline allows them sufficient
runway to close the Sale or Sales in compliance with the DIP
Milestones, as the same may be modified by agreement between the
Debtors and the DIP Lender.
In connection with any Stalking Horse Agreement with a Stalking
Horse Bidder, the proposed Bid Procedures permit the Debtors to
provide Bid Protections, which Bid Protections collectively shall
not exceed a total of three percent of the cash Purchase Price
contemplated by the Stalking Horse Agreement.
Having the flexibility to designate a Stalking Horse Bidder and
provide Bid Protections will provide the Debtors with the best
opportunity available under the circumstances to encourage
competition but, at the same time, secure a committed bid that sets
a Purchase Price floor.
The Debtors are also seeking approval of certain procedures to
facilitate the fair and orderly assumption and assignment of the
Assigned Contracts in connection with the Sale.
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.
CIMG INC: Nasdaq Issues New Notice for Delayed 10-Q Filing
----------------------------------------------------------
CIMG Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company received a
notice from NASDAQ indicating that the Company was not in
compliance with Nasdaq Listing Rule 5250(c)(1) because the Company
did not timely file its Quarterly Report on Form 10-Q for the
period ended March 31, 2025 with the Securities and Exchange
Commission. The Quarterly Report Notice has no immediate effect on
the listing of the Company's stock on Nasdaq.
Previously, NASDAQ had granted the Company an exception until June
13, 2025, to file its delinquent Form 10-K for the period ended
September 30, 2024 (the "Initial Delinquent Filing") and July 14,
2025, to file its Form 10-Q for the period ended December 31, 2024.
As a result, any additional NASDAQ exception to allow the Company
to regain compliance with all delinquent filings will be limited to
a maximum of 180 calendar days from the due date of the Initial
Delinquent Filing, or July 14, 2025.
As a result of this additional delinquency of the Form 10-Q for the
period ended March 31, 2025, the Company must submit an update to
its original plan to regain compliance with respect to the filing
requirement.
Due to business and management restructuring, the Company needs
additional time to complete its financial statements, notes to the
financial statements, as well as to have the report reviewed by its
accountants and attorneys. The Company continues to work diligently
to enable the filing of the Form 10-K for the period ended
September 30, 2024, Form 10-Q for the period ended December 31,
2024 and Form 10-Q for the period ended March 31, 2025 with the SEC
as soon as reasonably possible.
About CIMG Inc.
Headquartered in Vista, California, CIMG Inc. (formerly Nuzee,
Inc.) is a digital marketing, sales and distribution company for
various consumer products with focuses on food and beverages.
Dedicated to reshaping the digital marketing and distribution with
technological applications, the Company endeavors to create greater
commercial value for its business partners and therefore enhance
its own enterprise value and shareholders' value of their stake in
the Company. The Company has a professional brand and marketing
management system, which can quickly help partnering enterprises
achieve the connection, management, and operation of marketing
channels domestically and globally.
The Company has had limited revenues, recurring losses and an
accumulated deficit. These items raise substantial doubt as to the
Company's ability to continue as a going concern, according to the
Company's Quarterly Report for the period ended June 30, 2024.
The Company has not yet filed its Form 10-K for the fiscal year
ended Sept. 30, 2023.
CIRCANA GROUP: T. Rowe Marks $1.5 Million 1L Loan at 89% Off
------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$1,507,000 loan extended to Circana Group, L.P. to market at
$169,000 or 11% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to Circana Group,
L.P. The loan accrues interest at a rate of 9.32% per annum. The
loan matures on December 1, 2027.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Circana Group, L.P.
Circana, Inc., formerly known as Information Resources, Inc. and
the NPD Group (previously National Purchase Diary Panel Inc. and
NPD Research Inc.), is an American market research and technology
company headquartered in Chicago.
CIRCANA GROUP: T. Rowe Marks $1.5 Million 1L Loan at 89% Off
------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$1,507,000 loan extended to Circana Group, L.P. to market at
$169,000 or 11% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to Circana Group,
L.P. The loan accrues interest at a rate of 9.32% per annum. The
loan matures on December 1, 2027.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Circana Group, L.P.
Circana is engaged in providing technology, artificial
intelligence, and data to fast-moving consumer packaged goods
companies, durables manufacturers, and retailers seeking to
optimize their businesses.
CLEAN ENERGY: Closes $104K Convertible Note and Stock Sale to Lucas
-------------------------------------------------------------------
Clean Energy Technologies, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
Company entered into a securities purchase agreement with Lucas
Ventures, LLC, an Arizona limited liability company, pursuant to
which the Company sold, and Lucas Ventures purchased:
(i) a convertible promissory note in the original principal
amount of $109,500, and
(ii) 40,000 shares of Company common stock for a purchase price
of $104,000.
On May 19, 2025, the Purchase Price was paid by Lucas Ventures to
the Company, and the Note and Shares were issued to Lucas
Ventures.
The SPA includes customary representations, warranties and
covenants by the Company and customary closing conditions. The Note
matures on August 15, 2025, accrues interest of 8% per annum, and
is convertible into shares of the Company's common stock at the
election of the holder, at or following 90 days after Note funding,
at a conversion price of $0.50; provided, however, that the holder
may not convert the Note to the extent that such conversion would
result in the holder's beneficial ownership of the Company's common
stock being in excess of 4.99% of the Company's issued and
outstanding common stock (or 9.99% if the market capitalization of
the Company falls below $2,500,000).
The foregoing descriptions of the SPA and Note do not purport to be
complete and are qualified in their entirety by reference to the
full text of those agreements, copies of which are filed as
Exhibits 10.1 and 10.2, respectively, to the Report on Form 8-K
available at https://tinyurl.com/ys9wrmum
About Clean Energy
Headquartered in Irvine, California, Clean Energy Technologies,
Inc. -- http://www.cetyinc.com-- develops renewable energy
products and solutions and establishes partnerships in renewable
energy that make environmental and economic sense. The Company's
mission is to be a segment leader in the Zero Emission Revolution
by offering eco-friendly energy solutions, clean energy fuels, and
alternative electric power for small and mid-sized projects in
North America, Europe, and Asia. The Company targets sustainable
energy solutions that are profitable for it, profitable for its
customers, and represent the future of global energy production.
Diamond Bar, California-based TAAD, LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated April 14, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company has an accumulated deficit and negative cash flows from
operations. These factors, among others, raise substantial doubt
about the Company's ability to continue as a going concern.
As of December 31, 2024, the Company had $9,505,480 in total
assets, $6,566,978 in total liabilities, and total stockholders'
equity of $2,938,502.
CLIFFWOOD DEVELOPMENT: Hires Christie's as Real Estate Broker
-------------------------------------------------------------
Cliffwood Development Partners, LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
Christie's RE SoCal as real estate broker.
The firm will market and sell the Debtor's real property located at
306 N. Cliffwood Ave., Los Angeles, California.
The firm will be paid a commission of 2 percent of the gross sale
price.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Cindy Ambuehl
Christie's RE SoCal
433 N Camden Dr
Beverly Hills, CA 90210
Tel: (818) 489-0282
Email: cindy@cindyambuehl.com
About Cliffwood Development Partners, LLC
Cliffwood Development Partners LLC is a Los Angeles-based property
owner and developer involved in a variety of real estate projects,
focusing on development and investment in residential and
commercial properties.
Cliffwood Development Partners LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11786) on
March 1, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtor is represented by:
Gary E. Klausner, Esq.
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2818 La Cienega Ave.
Los Angeles, CA 90034
Tel: (310) 229-1234
Email: GEK@lnbyg.com
COGENT COMMUNICATIONS: Moody's Rates New $600MM Secured Notes 'Ba2'
-------------------------------------------------------------------
Moody's Ratings assigned a Ba2 rating to the proposed $600 million
backed senior secured notes due 2032 of Cogent Communications
Group, LLC (Cogent or Cogent Communications Group), a multinational
Tier 1 internet service provider. Use of proceeds from the senior
secured notes will be used to refinance its existing 3.5% backed
senior secured notes, add cash to the balance sheet for general
corporate purposes, and to pay fees and expenses related to the
transaction. Moody's also affirmed the company's B2 corporate
family rating (CFR), B2-PD probability of default rating (PDR), Ba2
backed senior secured notes rating, and B3 backed senior unsecured
notes ratings. The speculative grade liquidity rating (SGL) remains
unchanged at SGL-2. The outlook is maintained at stable.
The B2 CFR affirmation reflects Moody's expectations that execution
risks from integrating Sprint's wireline assets are substantially
mitigated by T-Mobile USA, Inc.'s (T-Mobile) contractual obligation
payments for IP Transit Services from Cogent. Moody's expects debt
to EBITDA (excluding debt and EBITDA from securitized assets and
adding back Sprint acquisition costs and cash receipts from IP
Transit Services) will decline to the high 5x range in 2025, above
Moody's downgrade consideration of debt to EBITDA sustained above
5.5x. However, Moody's expects that Cogent's recent realization of
$220 million in targeted cost savings from the Sprint wireline
acquisition, ongoing move of substantial numbers of customers to
on-net from off-net, and discontinuation of low-margin non-core
products will contribute to increased profitability over the next
few years. The company also anticipates achieving at least another
$20 million of cost savings through the second quarter of 2026.
Moody's also expects mid-to-high single digit percentage annual
organic revenue growth in 2026 supported by wavelength and data
center capacity driving incremental revenue. However, Moody's
believes wavelength will not significantly contribute to
consolidated revenue for at least the next 12 months (wavelength
only contributed to 2% of consolidated revenue for the LTM period
ended March 31, 2025). As such, Moody's expects revenue growth and
margin expansion will contribute to debt to EBITDA (excluding debt
and EBITDA from securitized assets and adding back Sprint
acquisition costs and cash receipts from IP Transit Services)
declining towards 5x by year-end 2026. Furthermore, Cogent
accelerated its investment in converting legacy Sprint switch sites
into data centers and is exploring monetization options through
sales or long-term leases. Leasing the data centers and/or using
some proceeds of a sale to repay debt would improve the company's
deleveraging path. Nonetheless, if operational missteps or
additional meaningful debt raises contributing to a delayed path of
Cogent reducing financial leverage, a negative action may ensue,
which may include a downgrade of the CFR and/or an outlook change
to negative.
The assigned rating is subject to review of final documentation and
no material change to the size, terms and conditions of the
transaction as advised to us.
RATINGS RATIONALE
Cogent's B2 CFR is constrained by high debt to EBITDA of 6.5x
(excluding debt and EBITDA from securitized assets and adding back
Sprint acquisition costs and cash receipts from IP Transit
Services) as of LTM March 31, 2025 pro forma for the proposed
senior secures notes transaction and IPv4 securitization
transaction completed in April 2025. The rating is also constrained
by Moody's expectations of continued negative free cash flow
generation resulting from Cogent's use of targeted debt leverage to
optimize shareholder returns largely through its dividend policy.
While good liquidity currently offsets some of the risks inherent
in this financial policy, integration risks associated with the
Sprint wireline business, moderate but growing scale and highly
competitive end markets could also pressure the company's future
credit profile absent the balanced approach to this policy that
exists.
The rating is supported by its good liquidity profile, Moody's
expectations for at least mid-single-digit percentage organic
revenue growth in 2026 due to robust internet traffic growth and
expansion of Cogent's products to include wavelength and optical
transport, solid EBITDA growth and margin expansion, a growing and
diversified customer base and a sizable and productive sales force.
The company's low cost structure and targeted niche product sales
approach continue to make it a nimble and formidably persistent
competitor against larger companies burdened with more complex,
higher cost legacy structures.
Cogent's senior secured notes are rated Ba2, three notches above
the B2 CFR reflecting their senior position in the capital
structure and the loss absorption provided by the senior unsecured
notes. The senior secured notes are secured equally and ratably by
continuing first-priority security interests in substantially all
of the tangible and intangible assets of Cogent and its subsidiary
guarantors. The senior secured notes are guaranteed by Cogent's
domestic subsidiaries and secured by a pledge of stock of 100% of
Cogent's US subsidiaries and 65% of the Company's non-US
subsidiaries. In addition, the senior secured notes are guaranteed
on a senior unsecured basis by Cogent Communications Holdings, Inc.
(Cogent Holdings), Cogent's public parent. However, Cogent Holdings
will not be subject to the covenants under the indenture governing
these secured notes as it is not a party to the Indenture and is
not governed by the indenture. Cogent's senior unsecured notes are
rated B3, reflecting their junior position to the senior secured
notes. The securitized debt (not rated) issued by Cogent IPv4 LLC,
a special-purpose, bankruptcy remote, indirect wholly owned
subsidiary of Cogent Infrastructure, LLC, is excluded from Moody's
Loss Given Default for Speculative-Grade Companies Methodology (LGD
Methodology) waterfall.
Cogent's SGL-2 liquidity rating indicates good liquidity. As of
March 31, 2025, cash held on a consolidated basis at Cogent
Holdings totaled $184 million, with the bulk of that cash remaining
at Cogent, the operating entity. Cash balances will improve from
the senior secured notes transaction and the securitization
transaction completed in April 2025. Moody's expects Cogent to
maintain sufficient cash to run the business prudently at all
times. Moody's projects negative free cash flow over the next 12
months, but cash received from the IP Transit Services agreement
will support the maintenance of high cash balances over the next 12
months despite the company's equity stakeholder returns. When
prudent, Moody's believes Cogent will likely supplement its regular
quarterly dividends with share buybacks and/or special dividends.
As of March 31, 2025, Cogent had $22.4 million available for stock
buybacks under its share repurchase program which is authorized
through December 31, 2025. The company repurchased an additional $5
million of shares in April 2025. Cogent does not have a revolving
credit facility, and the company is not subject to financial
maintenance covenants.
The stable outlook is based on Moody's views that while Cogent's
earnings and cash flow from operations will grow, equity
stakeholder returns, in the form of dividends and share buybacks,
will increase in tandem. Although Moody's expects the company to
maintain good liquidity over the next 12 months, its aggressive
equity stakeholder return policy will prevent the company from
generating positive free cash flow for the near future.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could upgrade Cogent's ratings if the company maintains
good liquidity, operating performance improves, debt to EBITDA
(excluding debt and EBITDA from securitized assets and adding back
cash receipts from IP Transit Services) is sustained below 4x and
free cash flow to debt improves to the mid-single digits.
Moody's could downgrade Cogent's ratings if debt to EBITDA
(excluding debt and EBITDA from securitized assets and adding back
cash receipts from IP Transit Services) is sustained above 5.5x or
if liquidity weakens.
Cogent Communications Holdings, Inc. (NASDAQ: CCOI), parent of
Cogent Communications Group, LLC with headquarters in Washington,
DC, is a multinational Tier 1 internet service provider. The
company offers dedicated internet access and data transport over
its fiber optic, IP network to corporate and net-centric customers.
Cogent is among the top five largest carriers of internet traffic
in the world.
The principal methodology used in these ratings was Communications
Infrastructure published in February 2022.
COLONIAL MILLS INC: Court Extends Cash Collateral Access to June 30
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Rhode Island extended
Colonial Mills, Inc.'s authority to use cash collateral until June
30.
The court's order authorized the company's interim use of cash
collateral generated from cash on hand, accounts receivable and
inventory to pay post-petition expenses including payroll and
payroll-related taxes.
As protection, secured creditors including BankRI, the Small
Business Loan Fund Corporation, and Ronile Inc. were granted a
replacement lien on all receivables and cash generated by Colonial
Mills after the bankruptcy filing.
BankRI holds a valid first-priority lien on Colonial Mills' cash,
equipment, inventory, and accounts receivable under a $750,000 loan
agreement (dated March 15, 2017, with amendments) while SBLFC holds
a second and third security interest covering machinery, fixtures,
equipment, accounts receivable, accounts and cash of the company.
Meanwhile, Ronile asserts a lien under a 2023 credit agreement but
its claim is disputed by Colonial Mills and has not been judicially
validated. Ronile consents to being subordinate to BankRI and SBLFC
if its lien is later found valid.
SBLFC is represented by:
Jennifer L. Sylvia, Esq.
Moses Ryan Ltd.
40 Westminster Street, 9th Floor
Providence, RI 02903
Phone: 401-453-3600
Fax: 401-433-3101
jsylvia@marlawri.com
Ronile is represented by:
Patrick J. McDonald IV, Esq.
Roberts, Carroll, Feldstein & Peirce, Inc.
10 Weybosset Street, Suite 800
Providence, RI 02903
Phone: 401-521-7000
Fax: 401-521-1328
pmcdonald@rcfp.com
About Colonial Mills Inc.
Colonial Mills, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. R.I. Case No. Case No. 25-10286) on
April 9, 2025, listing up to $50,000 in assets and between $100,001
and $500,000 in liabilities.
Judge Diane Finkle oversees the case.
Russell D. Raskin, Esq., at Raskin & Berman is the Debtor's legal
counsel.
CPIF LA ARTS: Hires Cushman & Wakefield as Real Estate Broker
-------------------------------------------------------------
CPIF LA Arts District LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Cushman &
Wakefield of California, Inc. as real estate broker.
The firm will market and sell the Debtor's mixed use project
located at 1129 and 1101 East 5th Street, 445-457 South Colyton
Street; and 450-456 South Seaton Street, Los Angeles, CA 90013.
The firm will be paid a commission of 1.50 percent of the sales
price. If a buyer has its own agent, buyer's broker will be owed a
fee equal to 1.5 percent of the sale price.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Mike Condon, Jr.
Cushman & Wakefield of California, Inc.
225 W. Wacker Drive Suite 3000
Chicago, IL 60606
Tel: (213) 629-7379
Email: Condon@cushwake.com
About CPIF LA Arts District LLC
CPIF LA Arts District, LLC is the 100% owner of a mixed-use project
located at 1129 and 1101 East 5th Street, 445-457 South Colyton
Street, and 450-456 South Seaton Street, Los Angeles, Calif. The
property, valued at $22.6 million, spans approximately 45,722
square feet and is improved with a 91,200-square-foot mixed-use
building. It includes nine retail units on the ground floor and 13
apartments/lofts on the second floor.
CPIF sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. C.D. Calif. Case No. 25-12827) on April 7, 2025. In its
petition, the Debtor reported total assets of $22,702,276 and total
liabilities of $9,706,901.
Judge Sheri Bluebond handles the case.
The Debtor is represented by David B. Golubchik, Esq., at Levene
Neale Bender Yoo & Golubchik, LLP.
CTF CHICAGO: Court Extends Cash Collateral Access to June 30
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division extended CTF Chicago, Inc.'s authority to use cash
collateral from May 31 to June 30.
The ninth interim order authorized CTF Chicago to use the cash
collateral of Wintrust Bank, a pre-bankruptcy secured lender, to
pay the expenses set forth in its budget.
The budget shows projected expenses of $128,336 for the interim
period.
Wintrust Bank holds a senior lien on the company's assets valued at
$781,571.93, with a subordinate lien by the U.S. Small Business
Administration.
As protection, Wintrust Bank was granted a replacement lien on
substantially all of the company's assets, including cash
collateral equivalents, cash and accounts receivable, to the same
extent and with the same validity as its pre-bankruptcy lien.
In addition, Wintrust Bank was granted an administrative expense
claim under Section 507(b) of the Bankruptcy Code, subordinate only
to the administrative claim of the Subchapter V trustee.
The next hearing is scheduled for June 25.
About CTF Chicago
CTF Chicago, Inc. operates within a framework that requires
substantial capital and resources. The company is structured to
provide specific services or products, likely in a competitive
market, given its presence in Chicago.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-15580) with up to
$50,000 in assets and up to $10 million in liabilities. Charles
Graff, managing member, signed the petition.
Judge Janet S. Baer oversees the case.
The Debtor is represented by Richard G. Larsen, Esq., at Springer
Larsen, LLC.
Wintrust Bank, as lender, is represented by:
Andrew H. Eres, Esq.
Dickinson Wright PLLC
55 W. Monroe, Suite 1200
Chicago, IL 60603
Tel: 312-377-7891
aeres@dickinson-wright.com
D TUR HOTEL: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: D Tur Hotel LLC
250 Walnut Road
Turlock, CA 95380
Business Description: D Tur Hotel LLC operates a motel property in
Turlock, California.
Chapter 11 Petition Date: June 6, 2025
Court: United States Bankruptcy Court
Eastern District of California
Case No.: 25-90467
Judge: Hon. Christopher D Jaime
Debtor's Counsel: Michael Jay Berger, Esq.
LAW OFFICES OF MICHAEL JAY BERGER
9454 Wilshire Boulevard, 6th Floor
Beverly Hills, CA 90212
Tel: (310) 271-6223
Email: michael.berger@bankruptcypower.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Larry Williams as corporate
representative of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/F3ILFXY/D_Tur_Hotel_LLC__caebke-25-90467__0001.0.pdf?mcid=tGE4TAMA
D&D BUYER: T. Rowe Marks $1.9 Million 1L Loan at 70% Off
--------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$1,974,000 loan extended to D&D Buyer LLC to market at $592,000 or
30% of the outstanding amount, according to T. Rowe's Form 10-Q for
the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to D&D Buyer LLC. The
loan accrues interest at a rate of 10.90% per annum. The loan
matures on October 4, 2028.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About D&D Buyer LLC
D&D Buyer LLC in the operation and management of retail stores.
D&D BUYER: T. Rowe Marks $4.5 Million 1L Loan at 33% Off
--------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$4,598,000 loan extended to D&D Buyer LLC to market at $3,084,000
or 67% of the outstanding amount, according to T. Rowe's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to D&D Buyer LLC. The
loan accrues interest at a rate of 10.89% per annum. The loan
matures on October 4, 2028.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About D&D Buyer LLC
D&D Buyer LLC in the operation and management of retail stores.
DATAVAULT AI: Michael Fazio Holds 7.8% Equity Stake
---------------------------------------------------
Michael A. Fazio, disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of May 20, 2025, he
beneficially owned 6,211,452 shares of Datavault AI Inc.'s Common
Stock, par value $0.0001 per share, representing 7.8% of the shares
outstanding.
Michael A. Fazio may be reached at:
11401 Shoreview Overlook
Austin, TX 78732
A full-text copy of Mr. Fazio's SEC report is available at:
https://tinyurl.com/2p6er5c2
About Datavault AI
Datavault AI Inc. (f/k/a WiSA Technologies, Inc.) --
www.wisatechnologies.com -- develops and markets spatial audio
wireless technology for smart devices and home entertainment
systems. The Company's WiSA Association collaborates with consumer
electronics companies, technology providers, retailers, and
industry partners to promote high-quality spatial audio
experiences. WiSA E is the Company's proprietary technology for
seamless integration across platforms and devices.
San Jose, California-based BPM LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the
Company's recurring losses from operations, a net capital
deficiency, available cash and cash used in operations raise
substantial doubt about its ability to continue as a going
concern.
The Company has incurred net operating losses each year since
inception. As of December 31, 2024, the Company had cash and cash
equivalents of $3.3 million and reported net cash used in
operations of $17.5 million during the year ended December 31,
2024. The Company expects operating losses to continue in the
foreseeable future because of additional costs and expenses related
to research and development activities, plans to expand its product
portfolio, and increase its market share. The Company's ability to
transition to attaining profitable operations is dependent upon
achieving a level of revenues adequate to support its cost
structure.
DENALI MIDCO: T. Rowe Marks $9.8 Million 1L Loan at 75% Off
-----------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$9,833,000 loan extended to Denali Midco 2 LLC to market at
$2,467,000 or 25% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to Denali Midco 2
LLC. The loan accrues interest at a rate of 9.57% per annum. The
loan matures on December 22, 2028.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Denali Midco 2 LLC
Denali Midco 2 LLC, operating under the name Super Star Car Wash,
is a car wash, detail, and lubrication service provider.
DIGITAL ALLY: Swings to $4.3M Net Income in Q1 2025
---------------------------------------------------
Digital Ally, Inc. announced that it filed its Quarterly Report on
Form 10-Q for the three months ended March 31, 2025, with the
Securities and Exchange Commission. The Form 10-Q reflects
significant improvements in gross profit, operating income (loss),
and net income attributable to common stockholders in the first
quarter of 2025 when compared with the prior-year period.
First Quarter Highlights:
* Total revenue decreased 19% to $4.4 million, compared with
total revenue of $5.5 million in the first quarter of 2024.
* Gross profit margin expanded to 35.8% of revenue vs. 27.6%
in prior-year period.
* Selling, general and administrative expenses declined 50.1%
from year-earlier levels.
* The Company reported an operating loss of $974,680, which
represented an improvement of $2,664,354 or 73.2% when compared
with the first quarter of 2024.
* The Company reported non-operating gains of $5,241,762,
which represented an improvement of $5,545,996 when compared with
the first quarter of 2024.
* Net income attributable to common stockholders improved to
$4,263,471, or $1.41 per diluted share, compared with a
year-earlier net loss of ($3,931,020), or ($27.48) per share.
* Total working capital improved to a positive $3,385,051 as
of March 31, 2025, as compared to a deficit of $(19,377,507) as of
December 31, 2024.
* Total stockholders' equity improved to $11,569,375 as of
March 31, 2025, as compared to a deficit of $(9,013,430) as of
December 31, 2024.
"Our first quarter financial results, which included substantial
non-operating gains and losses, clearly reflect the operating
leverage inherent in our business model that has resulted from
substantial decreases in overhead expenses, reduced headcount, and
the focus on our subscription based sales model for our video
solutions segment and the successful restructuring of our law
enforcement products sales organization," stated Stanton E. Ross,
Chief Executive Officer of Digital Ally, Inc. "Improved gross
profit margins and a lower SG&A expense ratio allowed the Company
to achieve a $2,664,354 improvement in operating income when
compared to the similar period in 2024. Our ability to achieve
these gains was particularly impressive in light of the
continuation of a challenging economic environment, which has
negatively impacted state, county and municipal government budgets
that fund the law enforcement agencies that represent our primary
customer base."
"Additionally, we completed a $14.3 million public equity offering
during the first quarter 2025 that significantly improved our
liquidity and resulted in stockholders' equity well in excess of
the minimum $2.5 million equity threshold required for continued
listing on The Nasdaq Capital Market. We continue to work to regain
compliance with the minimum $1.00 bid price requirement for
continued listing on Nasdaq. The Company is committed to regaining
and maintaining compliance with all applicable requirements for
continued listing on Nasdaq."
"We look towards the future with optimism. We anticipate our
entertainment segment will improve its revenues and operating
profits as we approach our June 26-28, 2025, Country Stampede Music
Festival. While we recognize that the market for law enforcement
products remains challenging and highly competitive, the steps
taken by Digital Ally to reduce costs, streamline supply chain
logistics, and incentivize sales efforts have transformed the
Company into a lean organization that is capable of responding
quickly to changes in our industry. The impressive earnings
turnaround that we achieved during the first quarter of 2025 is
very encouraging, and I would like to thank all of our employees,
vendors, management and directors for the dedicated efforts and
hard work that made the achievement of a profitable first quarter
possible. We are highly focused upon the restoration of sustainable
and growing profitability in order to rebuild shareholder value,
and I look forward to reporting upon our results for the balance of
the year," concluded Ross.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/t3cwu6j6
About Digital Ally
Digital Ally Inc. operates across three segments: Video Solutions,
Revenue Cycle Management, and Entertainment. The Video Solutions
unit provides video recording systems, cloud services, and safety
products for law enforcement and commercial clients. The Revenue
Cycle Management segment offers financial and administrative
support services to healthcare providers, helping manage billing
and back-office operations. Its Entertainment division manages
ticket resale through TicketSmarter and produces live events,
including music festivals.
In an auditor's report dated May 2, 2025, RBSM LLP, issued a "going
concern" qualification, noting that the Company has incurred
substantial operating losses and will need additional capital to
continue as a going concern. This raises substantial doubt about
the Company's ability to continue as a going concern.
Digital Ally reported a net loss of $21.72 million for the year
ending Dec. 31, 2024, compared to a net loss of $25.46 million for
the year ending Dec. 31, 2023. As of Dec. 31, 2025, the Company had
$27.74 million in total assets, $36.75 million in total
liabilities, and a total deficit of $9.01 million.
DOC VENTURES: Gets Court OK to Use Cash Collateral
--------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas
granted Doc Ventures, LLC's motion to use the cash collateral of
First Bank of Aspermont.
Doc Ventures was authorized to use cash on hand and future rents
from its residential property in Lubbock, Texas, for post-petition
operating expenses set forth in its budget.
First Bank of Aspermont holds a pre-bankruptcy lien on the property
and rents.
As protection, the bank will be granted replacement liens on rents
and cash proceeds generated after the petition date in case of any
diminution in the value of its collateral.
About Doc Ventures LLC
Doc Ventures, LLC sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. N.D. Tex. Case No. 24-32595) on August
29, 2024, listing $100,001 to $500,000 in both assets and
liabilities.
Judge Stacey G Jernigan presides over the case.
David D. Ritter, Esq. at Ritter Spencer Cheng PLLC represents the
Debtor as counsel.
The First National Bank of Aspermont, as lender, is represented
by:
Ashley N. Pirtle, Esq.
Crenshaw Dupree & Milam, L.L.P.
P.O. Box 64479
Lubbock, TX 79464-4479
(806) 762-5281 Telephone
(806) 762-3510 Facsimile
apirtle@cdmlaw.com
DOG ROBBER: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------
Debtor: Dog Robber Inc.
d/b/a Toast Kitchen and Bar (Brea)
d/b/a Toast Whittier (Little Toast)
d/b/a The Dylan
d/b/a The Benediction
d/b/a Toast Coffee Tea and Juice
d/b/a Toast Restaurant Group
f/d/b/a Mimosas Kitchen and Bar
16435 Whittier Blvd.
Whittier, CA 90603
Business Description: Dog Robber Inc. is a Whittier, California–
based restaurant group founded in 2016 that
operates several brunch and cafe concepts --
including Toast Kitchen & Bar, Toast
Whittier, Toast Coffee Tea and Juice, The
Dylan, and The Benediction -- and was
recognized on the Inc. 5000 list in both
2022 and 2023.
Chapter 11 Petition Date: June 6, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-14827
Judge: Hon. Neil W. Bason
Debtor's Counsel: Richard Sturdevant, Esq.
FINANCIAL RELIEF LAW CENTER, APC
1200 Main St. Ste C
Irvine, CA 92614
Tel: 714-442-3335
Fax: 714-361-5376
E-mail: rich@bwlawcenter.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Chad Reinhardt 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/MJ4QKOY/Dog_Robber_Inc__cacbke-25-14827__0001.0.pdf?mcid=tGE4TAMA
DOTDASH MEREDITH: Moody's Rates New Senior Secured Term Loan 'B2'
-----------------------------------------------------------------
Moody's Ratings assigned a B2 rating to Dotdash Meredith Inc.'s new
senior secured term loan B. All other ratings including the
existing B2 corporate family rating and B2 rating on the secured
credit facility are unchanged.
The outlook is stable.
The net proceeds of the new term loan B will be used to refinance a
portion of the existing term loan B-1 due in December 2028. In May
2025, Dotdash Meredith refinanced the $150 million revolving credit
facility and term loan A-1 and extended the debt maturity to 2030.
Moody's expects the company to refinance the remaining portion of
the term loan B-1 in a timely manner.
RATINGS RATIONALE
Dotdash Meredith Inc.'s B2 CFR reflects the company's decline in
leverage levels (5.2x LTM Q1 2025) driven by strength in the
digital segment, which Moody's expects will be the primary driver
of performance and lead to higher EBITDA margins as the benefits of
the integration of the Meredith brand names onto the digital media
platform continue to improve. While Dotdash Meredith has completed
the rationalization and restructuring of its print magazine assets,
the company remains exposed to secular declines in print
publishing, although print represents a modest portion of overall
EBITDA. There is also exposure to consumer discretionary end
markets and geographic concentration. Additional concerns include
possible declines in website traffic due to rapidly changing
technology and industry standards, new approaches for content
delivery, branding and distribution, and sudden shifts in how
consumers engage with media content over time. Modifications to
Google's and other search engine's algorithms could also negatively
impact Dotdash Meredith's websites placements on search engine
results and weigh on customer traffic.
Dotdash Meredith derives support from its position as a leading
Internet publisher that owns a broad portfolio of well-known
consumer lifestyle media brands and digital media assets. High
intent online customer traffic that relies on first-party data is
also expected to produce greater sales conversions and more
meaningful ROI for advertising clients than traditional marketing
channels. As the benefits of the Meredith's brands and Dotdash's
digital services, including its D/Cipher offering, are realized,
free cash flow (FCF) and profitability will continue to improve in
2025. While the company's parent, IAC, is not a guarantor to the
credit agreement, there is implied support as IAC has historically
provided resources to Dotdash Meredith and maintained sizable
excess internal liquidity.
Over the next 12-18 months, Moody's expects Dotdash Meredith will
maintain very good liquidity supported by $243 million of cash on
the balance sheet as of Q1 2025 and access to an undrawn $150
million revolving credit facility due 2030. Operating cash flow is
likely to continue to expand and drive FCF as a percentage of debt
to the mid to high single digits in 2025. Capital expenditures are
likely to remain in the high teens range. The term loan A has a
mandatory 5% amortization of $17.5 million per annum (stepping up
to 10% amortization in 2028 and 15% amortization in 2029).
The term loan B is covenant lite, but the revolver and term loan A
are subject to a 5.5x Consolidated Net Leverage maintenance
covenant (as defined in the credit agreement) that is operative if
either the revolver is drawn or the term loan A is outstanding.
Moody's expects Dotdash Meredith will maintain significant covenant
headroom over the next twelve months.
Liquidity is also boosted by IAC's substantial financial resources,
which IAC could use to support the company, if needed. IAC had
about $917 million of cash and marketable securities (excluding
cash at Dotdash Meredith) as of Q1 2025.
The credit facilities are rated B2, the same rating as the B2 CFR,
and reflect that secured debt comprises the preponderance of the
company's capital structure. The credit facilities are secured by a
first-priority lien on substantially all tangible as well as
intangible assets and carry upstream guarantees from present and
future direct and indirect wholly-owned material restricted
domestic subsidiaries of the borrower, Dotdash Meredith Inc.
Dotdash Meredith Inc. is a wholly-owned indirect subsidiary of IAC
Group, LLC, which is a direct wholly-owned subsidiary of IAC. The
credit facilities do not benefit from a downstream guarantee from
IAC.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following:
Incremental pari passu debt capacity up to the greater of $448
million and 100% of consolidated EBITDA, plus unlimited amounts
subject to 4x first lien net leverage ratio, plus amounts of
voluntary prepayments. There is an inside maturity sublimit up to
$330 million or 100% of consolidated EBITDA.
The credit agreement is expected to include "blocker" provisions
which prohibit the transfer of material intellectual property to
unrestricted subsidiaries. 100% of available amounts under the
General RP Basket and the IPO RP Basket may be used to make
additional investments.
There are no protective provisions restricting an up-tiering
transaction.
The stable outlook reflects Moody's expectations for relatively
flat revenue performance in 2025 as digital media revenue growth is
offset by continuing secular declines in print publication revenue.
Dotdash Meredith's digital media business, which accounts for the
vast majority of EBITDA, will benefit from first party, high intent
data that is likely to drive higher profitability through 2026.
Moody's expects Dotdash Meredith's leverage levels to decline
modestly to about 5x in 2025 with additional improvement in 2026
from EBITDA growth and from mandatory debt repayment. Operating
performance will also continue to be sensitive to macro-economic
conditions given the company's significant exposure to
discretionary consumer spending.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade could occur if Dotdash Meredith demonstrates continuing
organic revenue growth in line or ahead of the market with
expanding EBITDA margins. Financial leverage would need to approach
4.5x total debt to EBITDA (as calculated by us), with free cash
flow as a percentage of total debt of at least 5% and adherence to
conservative financial policies with respect to potential dividends
paid to the parent. The company would also need to maintain a
strong liquidity position.
The ratings could be downgraded if financial leverage is sustained
above 6.5x total debt to EBITDA (as calculated by us) due to
operating weakness or leveraging transactions, or a weakened
competitive position with a decline in EBITDA margins below 10% for
an extended period. A deterioration in Dotdash Meredith's liquidity
could also lead to negative rating pressure.
With headquarters in New York, NY, Dotdash Meredith Inc. ("Dotdash
Meredith") was formed in 2021 via the combination of IAC Inc.'s
("IAC") digital publishing business, Dotdash Media Inc., and
Meredith Corp.'s print magazine, digital publishing and brand
licensing assets ("MHC") in a transaction valued at approximately
$2.7 billion. The merger created a leading internet property and
consumer media publisher with over 40 leading brands. Dotdash
Meredith is a 100% owned subsidiary of IAC. LTM revenue as of Q1
2025 was $1.8 billion.
The principal methodology used in this rating was Media published
in June 2021.
DRIP MORE: Seeks to Hire Adam Hurst as Broker
---------------------------------------------
Lynda T. Bui, the Trustee for Drip More LLC, seeks approval from
the U.S. Bankruptcy Court for the Central District of California to
employ Adam Hurst, the Debtor's former chief technical officer and
worked for the Debtor for nine years, as broker.
Mr. Hurst will market and sell certain of the Debtor's personal
property assets consisting of various types of machinery, equipment
and storage racks that are currently being stored at SecurCare in
Redlands, California and possibly in Mentone, California, and the
contents of the storage unit located at SecureSpace Self Storage
consisting of unassembled parts related to a clean room that was
not completed at the time of the bankruptcy filing.
He will be paid at a fee equal to 15 percent of the gross sale
proceeds received from the sale of the Assets.
Adam Hurst 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.
About Drip More LLC
Drip More, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-11703) on July 5,
2024, listing up to $500,000 in assets and up to $10 million in
liabilities. Brian Bereber, managing member of Drip More, signed
the petition.
Judge Scott C. Clarkson oversees the case.
The Debtor represented by:
Roksana D. Moradi-Brovia, Esq.
Rhm Law, LLP
Tel: (818) 933-2843
Email: roksana@rhmfirm.com
ELK CREEK: Unsecured Creditors to be Paid in Full in Plan
---------------------------------------------------------
Elk Creek Escape, LLC filed with the U.S. Bankruptcy Court for the
Middle District of Pennsylvania a First Amended Plan of
Reorganization dated May 15, 2025.
The Debtor was incorporated on May 27, 2022 in the Commonwealth of
Pennsylvania by member Connie J. Klick (51%) and Andrew A. Peters
(49%) to acquire approximately 49 acres of real property in
Hillsgrove, P.A.
While the Debtor is strengthening its operations and increasing
income capacity, it is actively pursuing either a sale of the
business or outside investment. The Debtor is also finalizing a gas
lease to provide both upfront funds, and also the possibility of
future royalties, which would provide revenue to support future
operations.
The principals of the Debtor will continue providing financial
support to the Debtor as may be necessary for ongoing site
improvements, business operations, secured debt payments, and
Chapter 11 plan payments until such time as the Debtor's
profitability has stabilized.
Class 6 consists of General Unsecured Creditors. There were no
general unsecured proofs of claim filed. The Debtor's schedules
indicate 3 general unsecured claims: Daniel A. Klingerman
$49,733.85 for contribution for payment of amounts owed to Woodland
Bank; Erie Insurance Group $3,114.00; and Heller's Gas $2,740.89.
Hellers Gas is believed to be paid. As a result, the only creditor
to receive payment in this class is Erie Insurance Group.
The allowed general unsecured claim of Erie Insurance will be paid
on full in monthly payments of $400 per month, with payments to
start immediately after Class 2 claim is paid in full. This class
is impaired.
The Principals of the Debtor will retain their equity positions but
will not receive any distributions in the plan or be entitled to
vote on the plan. The Equity Holders are making additional
substantial contributions to the plan funding from personal income
in order to assist the Debtor in paying the obligations to
Woodlands Bank and Daniel A. Klingerman, as to which the Principals
are also liable to the creditors. The Principals are also assisting
in funding to assist the Debtor in making improvements to the real
property in order to increase the Debtor's future revenue.
The Debtor intends to continue to operate the campground business
subject to a possible sale of the business. The Debtor believes
that the operations of the Debtor will reach a point to be
sufficient to fund payments under the Plan, supplemented as
necessary in the interim by the principals of the Debtor who will
provide financial support until the Debtor achieves the required
level of profitability, and by the funds from the gas lease
deposit.
The principals of the Debtor are also liable on the obligations to
Woodlands Bank and Daniel A. Klingerman.
A full-text copy of the First Amended Plan dated May 15, 2025 is
available at https://urlcurt.com/u?l=lEBVIp from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Lisa M. Doran, Esq.
Doran & Doran, P.C.
69 Public Square
Ste 700 Wilkes-Barre, PA 18701
Tel: (570) 823-9111
About Elk Creek Escape
Elk Creek Escape, LLC is a local campground that provides a variety
of camping amenities, including rustic style cabins and campsite
firepits. The company is based in Hillsgrove, Pa.
Elk Creek Escape filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. M.D. Pa. Case No. 24-02003) on August
14, 2024, with $1 million to $10 million in both assets and
liabilities. Connie J. Klick, member, signed the petition.
Judge Mark J. Conway presides over the case.
Lisa M. Doran, Esq., at Doran & Doran, PC represents the Debtor as
legal counsel.
ENVELOPE MART: Gets Interim OK to Use Cash Collateral Until June 20
-------------------------------------------------------------------
Envelope Mart of Northeast Ohio, Inc. got the green light from the
U.S. Bankruptcy Court for the Northern District of Ohio to use cash
collateral.
The court's order authorized the company's interim use of cash
collateral through June 20 or until the final hearing.
The company's cash collateral consists of substantially all monies
generated from the operation of its businesses. It does not include
proceeds of sales of assets
that are not subject to the liens of secured creditors, including
Huntington National Bank.
Huntington appears to hold the first-priority security interest in
the company's assets based on the record of the Uniform Commercial
Code financing statements.
Huntington was granted a replacement lien and a security interest
in assets acquired by the company after the petition date to
protect against any diminution in the value of the bank's
collateral.
This protection does not extend to certain avoidance actions or
recoveries under Bankruptcy Code Section 506(c).
A final hearing is scheduled for June 11.
About Envelope Mart of Northeast Ohio Inc.
Envelope Mart of Northeast Ohio Inc., doing business as Envelope
Mart Print Group and EM Print Group, is a wholesale printing
company that produces envelopes, sheet printing, and other print
services exclusively for print distributors. Founded in 1975, the
family-owned business operates in Northeast Ohio and handles
high-volume print orders, including stationery management,
instruction sheet programs, and warehousing.
Envelope Mart of Northeast Ohio sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ohio Case No.
25-12125) on May 18, 2025. In its petition, the Debtor reported up
to $50,000 in assets and between $1 million and $10 million in
liabilities.
Judge Suzana Krstevski Koch handles the case.
The Debtor is represented by Michael A. Steel, Esq.
EVERYTHING CREATIVE: Hires Bravo Law APC as Legal Counsel
---------------------------------------------------------
Everything Creative, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of California to employ Bravo Law
APC as counsel to handle its Chapter 11 case.
The firm will be paid at these rates:
John L. Smaha, Esq. $550 per hour
Gustavo E. Bravo, Esq. $400 per hour
The firm received from the Debtor a retainer of $15,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Bravo 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:
Gustavo E. Bravo, Esq.
Bravo Law APC
3990 Old Town Avenue, A-103
San Diego, CA 92110
Tel: (619) 688-1557
Email: gbravo@bravolawapc.com
About Everything Creative, Inc.
Everything Creative, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-01937) on May
12, 2025. In the petition signed by Carol Kaplan, chief executive
officer, the Debtor disclosed up to $1 million in assets and up to
$10 million in liabilities.
Gustavo E. Bravo, Esq., at Bravo Law APC, represents the Debtor as
legal counsel.
EVOKE PHARMA: Directors Elected, BDO Retained at Annual Meeting
---------------------------------------------------------------
Evoke Pharma Inc. held its Annual Meeting solely by means of remote
communication through a live webcast. There were represented at the
Annual Meeting, by proxy, 960,070 shares of the Company's common
stock, par value $0.0001 per share, out of a total number of
1,492,858 shares of Common Stock outstanding and entitled to vote
at the Annual Meeting. The Company's stockholders voted on the
following three proposals at the Annual Meeting, casting their
votes as described below.
The following individuals, who were named as nominees in the
Company's definitive proxy statement relating to the Annual
Meeting, were elected by the Company's stockholders by a plurality
of votes cast to serve a three-year term on the Company's Board of
Directors which will expire at the Company's 2028 annual meeting of
stockholders. Information on the vote relating to the director
standing for election is set forth below:
Proposal 1. – Election of Class III Directors.
a. Mr. Malcolm R. Hill, Pharm.D.
* For: 327,711
* Withheld: 128,684
* Broker Non-Votes: 503,675
b. Ms. Vickie W. Reed
* For: 335,555
* Withheld: 120,840
* Broker Non-Votes: 503,675
Proposal 2. – Ratification of Appointment of BDO USA, P.C.
Proposal 2 was to ratify the appointment of BDO USA, P.C., an
independent registered public accounting firm, as the Company's
independent auditors for the year ending December 31, 2025. The
proposal was approved.
* For: 935,706
* Against: 12,174
* Abstain: 12,190
Proposal 3. – Advisory Vote on Executive Compensation.
Proposal 3 was to approve, on an advisory basis, the compensation
of the Company's named executive officers as disclosed in the
Company's definitive proxy statement. The proposal was approved.
* For: 308,413
* Against: 144,621
* Abstain: 3,361
* Broker Non-Votes: 503,675
Proposal 4. – Frequency of Stockholder Vote on Executive
Compensation.
Proposal 4 was to approve, on an advisory basis, the frequency of
holding future advisory votes on the compensation of the Company's
named executive officers as disclosed in the Company's definitive
proxy statement. The "Three Years" alternative received the highest
number of votes and is the stockholders' recommendation, on an
advisory basis, of the frequency of the stockholder vote on
executive compensation. The Board determined to hold future
advisory votes on executive compensation every three years based
upon the stockholders' recommendation.
* One Year: 207,519
* Two Years: 871
* Three Years: 242,339
* Abstain: 5,666
* Broker Non-Votes: 503,675
About Evoke Pharma
Headquartered in Solana Beach, California, Evoke Pharma Inc. --
www.EvokePharma.com -- is a specialty pharmaceutical company
focused primarily on the development of drugs to treat GI disorders
and diseases. The Company developed, commercialized and markets
GIMOTI, a nasal spray formulation of metoclopramide, for the relief
of symptoms associated with acute and recurrent diabetic
gastroparesis in adults. Diabetic gastroparesis is a GI disorder
affecting millions of patients worldwide, in which the stomach
takes too long to empty its contents resulting in serious GI
symptoms as well as other systemic complications. The gastric delay
caused by gastroparesis can compromise absorption of orally
administered medications. Prior to FDA approval to commercially
market GIMOTI, metoclopramide was only available in oral and
injectable formulations and remains the only drug currently
approved in the United States to treat gastroparesis.
San Diego, California-based BDO USA, P.C., the Company's auditor
since 2014, issued a "going concern" qualification in its report
dated March 13, 2025. The report cited that the Company has
experienced continuous losses and negative operating cash flows
since its inception, anticipates ongoing losses in the foreseeable
future, and Eversana Life Science Services, LLC holds the authority
to end the commercial services agreement for the marketing of
Gimoti. These factors raise substantial doubt about the Company's
ability to continue as a going concern.
As of Dec. 31, 2024, Evoke Pharma had $17.52 million in total
assets, $10.48 million in total liabilities, and $7.04 million in
total stockholders' equity.
EXELA TECHNOLOGIES: Wants to Stop IRS from Collecting $6MM Back Tax
-------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that a bankrupt
Exela Technologies subsidiary is requesting that a judge stop the
IRS from trying to collect $6 million in back taxes, arguing that
the agency's actions are disrupting its Chapter 11 restructuring
process.
In a Thursday, June 5, 2025, filing with the U.S. Bankruptcy Court
for the Southern District of Texas, DocuData Solutions said the IRS
has repeatedly issued levy notices and filed liens against its
property since its March bankruptcy filing -- violating the
automatic stay that protects debtors from collection efforts,
according to Bloomberg Law.
The U.S. Bankruptcy Code prohibits creditors from attempting to
collect debts during bankruptcy without court approval, the report
states.
About Exela Technologies
Headquartered in Irving, Texas, Exela Technologies, Inc. --
http://www.exelatech.com/-- is a business process automation (BPA)
company, leveraging a global footprint and proprietary technology
to provide digital transformation solutions enhancing quality,
productivity, and end-user experience.
Exela Technologies Inc. and several other units sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-90024) on March 3, 2025. In its petition, the Debtor reports
estimated assets between $500 million and $1 billion and
liabilities between $1 billion and $10 billion.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Timothy Alvin Davidson, II, Esq. at
Andrews Kurth LLP.
FERRELLGAS PARTNERS: S&P Downgrades ICR to 'CCC', Outlook Negative
------------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Ferrellgas
Partners L.P. to 'CCC' from 'CCC+'.
S&P said, "We also lowered our issue-level rating on its debt to
'CCC' from 'CCC+'. The '3' recovery rating on the senior unsecured
notes are unchanged, indicating our expectation for meaningful
(50%-70%; rounded estimate: 55%) recovery in the event of a payment
default.
"The negative outlook reflects our expectation that we could lower
our rating further if Ferrellgas cannot refinance the current notes
in the next several months.
"We do not expect Ferrellgas can repay its maturing debt without
refinancing. Ferrellgas' $650 million senior notes are due on April
1, 2026. While we expect EBITDA and FOCF generation will increase
in fiscal 2025 (ending July 31, 2025) because of the colder
weather, we do not forecast the partnership will generate ample
cash to cover its upcoming debt maturity. Additionally, the
partnership's revolving credit facility, undrawn as of Jan. 31,
2025, matures Dec. 31, 2025. Hence, we excluded the available $198
million borrowing capacity as of Jan. 31, 2025, from liquidity
sources. As a result, our assessment of Ferrellgas' liquidity
remains weak.
"Still, we expect Ferrellgas to fund the remaining $75 million
related to the Eddystone litigation settlement within the next 12
months without material increase in leverage. This is possible
because of the expected FOCF growth in 2025, coupled with potential
cash build-up from the restrictions placed on distributions to its
class A and class B unitholders."
The negative outlook reflects the refinancing risk associated with
Ferrellgas' 2026 notes, which are payable on April 1, 2026.
S&P said, "We could lower our ratings on Ferrellgas by the end of
the third quarter if Ferrellgas does not address its current
maturity or if liquidity further deteriorates, which could happen
if the partnership draws on its revolving credit facility.
"We could raise our rating on Ferrellgas by multiple notches if it
successfully refinances its 2026 notes and revolver such that we
expect its liquidity will be adequate for the foreseeable future."
FINANCE OF AMERICA: Six Directors Elected at Annual Meeting
-----------------------------------------------------------
Finance of America Companies Inc. held its Annual Meeting of
Stockholders for the purpose of voting on three proposals, each of
which is described in more detail in the Company's definitive proxy
statement, dated March 27, 2025.
As of the close of business on March 19, 2025, the record date for
the Meeting, there was a total voting power of 24,254,292 votes,
consisting of the following shares entitled to vote at the
Meeting:
(i) 10,711,674 vested shares of Class A Common Stock,
(ii) 425,850 unvested shares of Class A Common Stock, and
(iii) 14 shares of Class B Common Stock, representing the voting
power of 13,116,768 Class A LLC Units of Finance of America Equity
Capital LLC ("FOAEC").
The holders of 20,555,104 votes, or 84.74% of the voting power,
consisting of vested Class A Common Stock, unvested Class A Common
Stock, and Class B Common Stock were present in person or were
represented by valid proxies at the Meeting. The shares of Class B
Common Stock have no economic rights, but entitle each holder,
without regard to the number of shares of Class B Common Stock held
by such holder, to a number of votes that is equal to the aggregate
number of Class A LLC Units of FOAEC held by such holder on all
matters on which shareholders of the Company are entitled to vote
generally.
Proposal 1: Election of Directors
The stockholders elected Brian L. Libman, Norma C. Corio,
Andrew Essex, Cory S. Gardner, Tyson A. Pratcher, and Lance N. West
as directors to serve on the Company's Board for a term expiring at
the Company's 2026 annual meeting of stockholders.
Proposal 2: Advisory Vote on Named Executive Officer Compensation
The stockholders approved, on a non-binding and advisory
basis, the compensation of the named executive officers of the
Company.
Proposal 3: Ratification of Appointment of BDO USA, P.C.
The stockholders ratified the appointment of BDO USA, P.C. as
the Company's independent registered public accounting firm for the
fiscal year ending December 31, 2025.
About Finance of America
Plano, Texas-based Finance of America Companies Inc. is a financial
services holding company. Through its operating subsidiaries, it
operates as a modern retirement solutions platform, providing
customers with access to an innovative range of retirement
offerings centered on the home. In addition, Finance of America
offers capital markets and portfolio management capabilities to
optimize distribution to investors.
* * *
As reported by the Troubled Company Reporter in November 2024,
Fitch Ratings has downgraded the Long-Term Issuer Default Ratings
(IDRs) of Finance of America Companies Inc. and its subsidiaries,
Finance of America Equity Capital LLC and Finance of America
Funding LLC (together, FOA) to 'RD' (Restricted Default) from 'C'.
The action follows the completion of the company's debt
restructuring on Oct. 31, 2024, which Fitch views as a distressed
debt exchange (DDE).
Fitch has also upgraded FOAs IDRs to 'CCC' from 'RD' subsequent to
the DDE.
Fitch has assigned a rating of 'CCC-' with a Recovery Rating of
'RR5′ to Finance of America Funding, LLC's new $196 million
senior secured notes due in 2026 and $147 million convertible
senior secured notes due in 2029 issued as part of the exchange.
Concurrently, Fitch has also downgraded Finance of America Funding
LLC's unsecured debt rating to 'RD' from 'C'/'RR6' and withdrawn
the rating as 98% of the notes were exchanged into the new secured
notes.
FIRST BANCORP: Fitch Hikes LongTerm IDR to 'BB+', Outlook Stable
----------------------------------------------------------------
Fitch Ratings has upgraded First Bancorp's (FBP) Long-Term Issuer
Default Ratings (IDRs) to 'BB+' from 'BB' and its Viability Rating
(VR) to 'bb+' from 'bb'. Fitch has also affirmed the bank's
Short-term IDRs at 'B'. The Rating Outlook is Stable.
Additionally, Fitch has affirmed FirstBank Puerto Rico's
(FirstBank) Long- and Short-Term Issuer Default Ratings (IDR) at
'BB+' and 'B,' respectively. The Rating Outlook is Stable.
Key Rating Drivers
Holding Company Equalized: Fitch equalized FBP's and FirstBank's
ratings based on its reassessment of the holding company's ability
to meet its financial obligations and cover operating expenses.
This decision reflects FBP's higher levels of liquidity at the
holding company level, lower double leverage and the repayment of
its long-term debt.
Improved Conditions Strengthen Operating Environment: Puerto Rico's
economy is recovering, driven by the flow of federal aid,
record-low unemployment, and increased economic activity. Tourism
and manufacturing are expanding, and the population has stabilized
after years of decline. While federal aid and rebuilding efforts
positively impact the economy, the long-term outlook remains
uncertain. Low labor force participation, demographic challenges,
and vulnerability to extreme weather continue to influence Fitch's
assessment of the operating environment. These issues, however,
should not affect the bank's performance over the rating horizon.
Business Profile Supports the Rating: FBP ranks as the
second-largest player across most business sectors in Puerto Rico
and consistently demonstrates financial resilience despite
challenging local economic conditions. However, its limited revenue
diversification makes FBP's business model less robust than its
higher-rated peers both locally and on the mainland, according to
Fitch.
Balanced Risk Profile: Fitch considers FBP's underwriting standards
and risk controls suitable for its current rating level. FBP
maintains greater exposure to unsecured lending compared to
similarly sized mainland peers, which generates higher credit
losses but yields higher risk-adjusted returns. Conversely, the
bank's risk management practices, particularly in handling interest
rate risk, bolster its risk profile. The moderate duration of its
investment portfolio and the limited proportion of held-to-maturity
securities demonstrate this strength.
Asset Quality Stabilizing: Credit metrics continued to normalize
during 2024, with annualized net charge-offs rising to 68 bps as of
1Q25 from 36 bps as of 1Q24, while remaining stable
quarter-over-quarter. Current charge-offs still fall materially
below the pre-COVID level of 90 bps at YE 2019. Most charge-offs
stem from the consumer segment, which now exceeds pre-pandemic
levels but shows signs of stabilization. Fitch anticipates that the
bank's credit metrics will continue to outperform historical
levels, as federal aid and a robust tourism sector in the local
operating environment help mitigate broader economic pressures from
prolonged higher interest rates.
Sustained Profitability with Efficient Business Model: FBP's
profitability remains a ratings strength. The bank's operating
profit to risk-weighted assets ratio was 3% in the first quarter of
2025, maintaining a robust position compared to most U.S. mainland
peers. Furthermore, earnings benefit from a cost-effective business
model, as demonstrated by the bank's efficiency ratio of 51%, which
favorably compares with local and U.S. mid-tier peers. Fitch
expects FBP's operating profit-to-RWA to remain solid for the rest
of 2025, supported by lower deposit costs and further net interest
margin expansion due to higher securities yield.
Solid Capital Levels: FBP's capital ratios are solid and supportive
of the bank's rating, maintained at higher levels compared to most
U.S. mainland banks. The bank's regulatory Common Equity Tier 1
(CET1) ratio rose to 16.6% in 1Q25 from 15.9% in 1Q24, driven by
strong capital formation and an increase in the fair value of AFS
debt securities. Fitch expects capital ratios may decline modestly
from current levels over the next few years through increased
shareholder returns. However, Fitch expects FBP to sustain higher
capital ratios than similarly sized banks in the U.S. due to the
island's relatively weaker operating environment.
Strong Funding Base: Fitch considers FBP's funding profile robust,
with a stable and granular deposit base and competitively lower
deposit costs than mainland peers. In the past year, the bank's
loans grew by 3%, surpassing the 1.7% deposit growth, with the
loan-to-deposit ratio increasing moderately to 75.4% in 1Q25 from
74.5% in 1Q24. Fitch expects this ratio to remain relatively stable
over the rating horizon due to moderate loan demand in Puerto Rico
and elevated public sector deposits. Excluding public sector
collateralized deposits, FBP's loan-to-deposit ratio would be
approximately 91%, marginally higher than the median for U.S.
mainland peers at 84% at 1Q25.
Rating Sensitivities
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
Negative rating action could result from a significant
deterioration in asset quality, particularly a reversion of the net
charge-off ratio above the long-term historical average, or a
sustained decline of the CET1 ratio below the benchmark level for
this operating environment (13%). Rating pressure could also occur
if the bank were to experience volatility or a decline in operating
profitability below 1% of risk-weighted assets over multiple
quarters.
Moreover, the holding company may face negative rating action if it
is unable to maintain adequate liquidity to cover one year of
expenses, which includes interest obligations and operating costs,
subsequent to the potential issuance of long-term debt.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
Positive rating momentum would be contingent on improved
non-interest income contribution and further development of the
bank's franchise without materially increasing its risk appetite.
Additionally, a continued and sustained improvement in asset
quality metrics, along with stabilization in NCOs, would support
positive rating action.
OTHER DEBT AND ISSUER RATINGS: KEY RATING DRIVERS
FirstBank's long-term deposits are rated one-notch higher than its
Long-Term IDR because U.S. uninsured deposits benefit from
depositor preference. U.S. depositor preference gives deposit
liabilities superior recovery prospects in the event of default.
FirstBank's short-term uninsured deposits' rating is 'F3', in
accordance with Fitch's "Bank Rating Criteria", based on the bank's
long-term deposit rating and Fitch's assessment of its funding and
liquidity profile.
FBP's and FirstBank's Government Support Ratings (GSRs) are 'No
Support' (ns). In Fitch's view, the probability of support is
unlikely.
OTHER DEBT AND ISSUER RATINGS: RATING SENSITIVITIES
FirstBank's long- and short-term deposits' ratings are sensitive to
changes in its Long-Term IDR.
The GSR would be sensitive to any change in U.S. sovereign support,
which Fitch believes is unlikely.
VR ADJUSTMENTS
The Operating Environment score of 'bbb' has been assigned below
the 'aa' category implied score due to the following reason:
regional focus.
The Asset Quality score of 'bb' has been assigned below the implied
score of 'bbb' due to the following reason: concentrations.
ESG Considerations
First Bancorp's ESG Relevance Score for 'Exposure to Environmental
Impacts' is a '3', which is higher than the bank sector default
score of '2' due to the heightened risk of natural disasters in the
bank's primary operating environment of Puerto Rico. While this is
an emerging factor that requires monitoring, an ESG Relevance Score
of '3' implies it is minimally relevant to the rating.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
FirstBank Puerto
Rico LT IDR BB+ Affirmed BB+
ST IDR B Affirmed B
Viability bb+ Affirmed bb+
Government Support ns Affirmed ns
long-term
deposits LT BBB- Affirmed BBB-
short-term
deposits ST F3 Affirmed F3
First BanCorp LT IDR BB+ Upgrade BB
ST IDR B Affirmed B
Viability bb+ Upgrade bb
Government Support ns Affirmed ns
FIRST CLASS: Gets Extension to Access Cash Collateral
-----------------------------------------------------
First Class Moving Systems, Inc. and its affiliates received second
interim approval from the U.S. Bankruptcy Court for the Middle
District of Florida to use cash collateral.
The second interim order penned by Judge Roberta Colton authorized
the companies' interim use of cash collateral to pay their expenses
pending a further hearing on June 16.
The companies project total cash disbursements of $1,353,260 for
June and $1,328,260 for July.
Creditors with a security interest in cash collateral including the
U.S. Small Business Administration, Valley National Bank and De
Lage Landen Financial Services, Inc. will be granted a
post-petition lien on the cash collateral as protection.
As additional protection, the companies were ordered to keep the
secured creditors' collateral insured.
About First Class Moving Systems Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. It has locations in
Tampa, Miami/Fort Lauderdale; Gulfport, Miss.; Orlando, Fla.; and
Bound Brook, N.J.
First Class Moving Systems and its affiliates filed Chapter 11
petitions (Bankr. M.D. Fla. Lead Case No. 25-02243) on April 11,
2025. In its petition, First Class Moving Systems reported between
$1 million and $10 million in both assets and liabilities.
Judge Roberta A. Colton handles the cases.
The Debtors are represented by Scott A. Stichter, Esq., and Amy
Denton Mayer, Esq., at Stichter, Riedel, Blain & Postler, P.A.
Valley National Bank, as secured creditor, is represented by:
Andrew W. Lennox, Esq.
Casey Reeder Lennox, Esq.
Lennox Law, P.A.
P.O. Box 20505
Tampa, FL 33622
Tel: 813-831-3800
Fax: 813-749-9456
alennox@lennoxlaw.com
clennox@lennoxlaw.com
FLEXSYS INC: Moody's Appends LD to Caa2-PD Prob. of Default Rating
------------------------------------------------------------------
Moody's Ratings appended a limited default (/LD) designation to
Flexsys, Inc.'s probability of default rating, revising it to
Caa2-PD/LD from Caa2-PD. This follows the company's new debt
financing and maturity extension transaction of its existing first
lien term loan which is considered a distressed exchange. There is
no change to Flexsys, Inc.'s CFR nor the ratings on the existing
senior secured first lien revolving credit facility and term loan.
The outlook remains negative. The /LD designation appended to the
PDR will be removed in about three business days.
At the same time, Moody's assigned Caa2 corporate family rating
(CFR) and Caa2-PD probability of default rating (PDR) to Flexsys
Holdings, Inc. (Flexsys). Moody's also assigned Caa1 ratings to the
new backed senior secured first lien first out revolving credit
facility and to the new backed senior secured first lien first out
term loan, and assigned a Caa3 rating to the new backed senior
secured first lien second out term loan, issued by Flexsys Cayman
Holdings. Moody's assigned a negative outlook to Flexsys and
Flexsys Cayman Holdings. The ratings of Flexsys, Inc. including the
CFR, PDR, and the existing revolving credit facility and term loan
will be withdrawn with the refinancing of these debts post the
transaction.
RATINGS RATIONALE
On May 28, 2025, Flexsys closed a new debt financing and maturity
extension transaction with its existing lenders and refinanced its
entire debt capital structure. The transaction created different
tranches of new priority debts, including $120 million additional
capital from the existing term loan lenders which bolstered
Flexsys' liquidity and became part of the new first lien first out
term loan. Existing first lien revolver lenders have agreed to a
new first lien and first out revolver with the same $100 million
commitment while all of the existing first lien term loan lenders
have agreed to exchange into the first lien first out and first
lien second out term loans at different discount rates. The
transaction extends the revolver and term loan maturity dates to
2029. Moody's views the transaction as a distressed exchange, which
resulted in a limited default under Moody's definitions.
The Caa2 corporate family rating reflects the improvement in
Flexsys' liquidity and debt maturity after the completed
transactions. While Flexsys' liquidity profile improves with the
transaction, Flexsys' credit profile remains constrained by its
highly leveraged capital structure and ongoing negative free cash
flow. Amid the uncertain macro environment and competitive market
conditions, Moody's expects only limited improvement in Flexsys'
EBITDA driven by improved cost structure while its leverage will
stay above 10.0x and interest coverage ratio below 1.0x over the
next 12 to 18 months.
Flexsys' credit profile is also constrained by the narrow product
profile, customer concentration and significant exposure to one end
market that is experiencing relatively weak demand and price
competition in Asia. On the other hand, the credit profile is
supported by its leading global market position in vulcanizing
agents, a strong reputation for product quality, long term customer
relationships, proprietary products and process technology, and its
global manufacturing capabilities.
Flexsys' liquidity is adequate post-transaction. It has about $110
million of availability, including $27 million of cash on the
balance sheet as well as $83 million available net letters of
credit on its revolving credit facility at transaction close.
Moody's expects the company to draw upon the revolver in the next
12 months as free cash flow is projected to remain negative during
this period. The revolver has a springing first-out net leverage
covenant set at a maximum of 6.75x in FY2025 and FY2026, stepping
down to 6.5x in FY2027, 6.25x in FY2028, and 6.0x in FY 2029,
tested when amounts outstanding at the end of the quarter exceed
35% of the total or $35 million. The company has sufficient
headroom under this covenant with the covenant ratio being 1.9x
post transaction.
The Caa1 rating on the new revolving credit facility and new first
out term loan is one notch above the CFR reflecting their payment
priority claim over the new second out term loan now rated Caa3.
The new first out term loan, revolver, and second out term loan are
secured by substantially all domestic and foreign assets of the
borrower. Subsidiaries in Brazil, Japan, and Malaysia are excluded
from the new guarantor group but have pledged equity shares.
The negative outlook reflects Flexsys' leveraged capital structure,
negative free cash flows, and the challenges to improve its
financial profile to more sustainable levels over the next 12-18
months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Flexsys demonstrates its ability
to improve operational and financial performance on a sustained
basis, reduce its leverage significantly from current level, and
generate consistent positive free cash flow while maintaining
adequate liquidity.
Moody's could downgrade the ratings if Flexsys' operating
performance fails to improve, financial leverage remain elevated
with negative free cash flow for extended period of time, and/or
its liquidity deteriorates.
ESG CONSIDERATIONS
Environmental, social, and governance factors are important factors
influencing Flexsys' credit quality, but not driver of the actions.
Flexsys' Credit Impact Score of CIS-5 indicates that the rating is
lower than it would have been if ESG risks did not exist.
Governance is viewed as weak from a credit standpoint due to
elevated financial leverage and weak cash flow generation. In
addition, weak scores for environmental risks reinforce the
negative ESG impact on the rating. Environmental risks are elevated
due to the level of pollution generated and the toxic, hazardous or
flammable nature of the products used and produced by the company.
Flexsys, Inc., headquartered in Akron, OH, is the only global
manufacturer of vulcanizing agents, antidegradants and stabilizers,
which are critical to the performance of higher performance
passenger car and truck tires. One Rock Capital Partners purchased
the business from Eastman Chemical Company in November 2021. The
Company has annual sales of close to $500 million.
The principal methodology used in these ratings was Chemicals
published in October 2023.
FR VISION: T. Rowe Marks $5.7 Million 1L Loan at 58% Off
--------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$5,705,000 loan extended to FR Vision Holdings, Inc. to market at
$2,399,000 or 42% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to FR Vision
Holdings, Inc. The loan accrues interest at a rate of 9.29% per
annum. The loan matures on January 20, 2031.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About FR Vision Holdings, Inc.
FR Vision Holdings Inc. is engaged in providing investment
solutions and services.
GI APPLE: T. Rowe Marks $1.3 Million 1L Loan at 43% Off
-------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$1,322,000 loan extended to GI Apple Midco LLC to market at
$756,000 or 57% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to GI Apple Midco
LLC. The loan accrues interest at a rate of 11.07% per annum. The
loan matures on April 19, 2029.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About GI Apple Midco LLC
Midcap Financial Investment Corporation is a Maryland corporation
incorporated on February 2, 2004. It is a closed-end, externally
managed, non-diversified management investment company that has
elected to be treated as a business development company under the
Investment Company Act of 1940. Apollo Investment Management, L.P.
is the investment adviser and an affiliate of Apollo Global
Management, Inc. and its consolidated subsidiaries (AGM). Apollo
Investment Administration, LLC, an affiliate of AGM, provides,
among other things, administrative services and facilities for
Midcap.
GI APPLE: T. Rowe Marks $1.8 Million 1L Loan at 88% Off
-------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$1,886,000 loan extended to GI Apple Midco LLC to market at
$224,000 or 12% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to GI Apple Midco
LLC. The loan accrues interest at a rate of 11.07% per annum. The
loan matures on April 19, 2030.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About GI Apple Midco LLC
Midcap Financial Investment Corporation is a Maryland corporation
incorporated on February 2, 2004. It is a closed-end, externally
managed, non-diversified management investment company that has
elected to be treated as a business development company under the
Investment Company Act of 1940. Apollo Investment Management, L.P.
is the investment adviser and an affiliate of Apollo Global
Management, Inc. and its consolidated subsidiaries (AGM). Apollo
Investment Administration, LLC, an affiliate of AGM, provides,
among other things, administrative services and facilities for
Midcap.
GLASS MANAGEMENT: Court Extends Cash Collateral Access to June 30
-----------------------------------------------------------------
Glass Management Services, Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
the cash collateral of Old National Bank.
The court extended the company's authority to use cash collateral
from May 31 to June 30 to pay the expenses set forth in its budget,
plus an amount not to exceed 10% for each line item.
The company projects total operational expenses of $204,995.51.
Old National Bank's interest in the assets will be protected by
replacement liens on post-petition assets, according to the interim
order penned by Judge Janet Baer.
The bank will also be granted a superpriority administrative
expense claim in case of diminution in value of its collateral and
will continue to receive monthly payments of $30,000 from Glass
Management Services, which the bank can automatically debit from
the company's account. The monthly payments started in December
last year.
As further protection, Glass Management Services was ordered to
keep the bank's collateral insured.
The next hearing is scheduled for June 25.
About Glass Management
Glass Management Services, Inc. is a construction contractor based
in Illinois, specializing in glazing services. Established with a
focus on high-profile projects, the company has been involved in
significant developments, including the Obama Presidential Library,
Terminal 5 at O'Hare Airport, and multiple Chicago Public Schools
and CTA transit stations.
Glass Management Services sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-14036) with
$3,029,997 in assets and $11,989,444 in liabilities. Ernest B.
Edwards, president of Glass Management Services, signed the
petition.
Judge Janet S. Baer presides the case.
David P. Leibowitz, Esq., at Leibowitz, Hiltz & Zanzig, LLC is the
Debtor's legal counsel.
Old National Bank, as secured creditor, is represented by:
Adam B. Rome, Esq.
Greiman, Rome, & Griesmeyer, LLC
205 W. Randolph St., Ste. 2300
Chicago, IL 60606
Phone: 312-428-2750
arome@grglegal.com
GLIDE LOGISTICS: Gets OK to Use Cash Collateral Until July 31
-------------------------------------------------------------
Glide Logistics, Inc. received second interim approval from the
U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, to use cash collateral until July 31.
The interim order authorized the company to utilize its cash
collateral to make the following payments to its lenders in June
and July: $4,500 to BMO Bank; $400 to Commercial Credit; $3,000 to
First Citizens; $1,675 to Auxilior; and $400 to Mitsubishi HC
Capital America, Inc.
Glide Logistics may exceed the budgeted amounts by up to 20% for
unexpected contingencies and $2,000 for any other ordinary business
expenses for the two months combined.
As protection, the U.S. Small Business Administration and the other
lenders were granted security interests in the company's
post-petition assets to the extent and priority of their
pre-bankruptcy liens.
Glide Logistics was ordered to keep the equipment that is the
subject of the lenders' liens insured.
The next hearing will be held on July 16.
About Glide Logistics Inc.
Glide Logistics Inc. is a transportation company specializing in
open deck, heavy haul, and oversize freight services across the
United States.
Glide Logistics sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-03258) on
March 2, 2025. In its petition, the Debtor reported total assets of
$1,220,786 and total liabilities of $1,050,846.
Judge Janet S. Baer handles the case.
The Debtor is represented by:
Keevan D. Morgan
Morgan & Bley, Ltd.
Tel: 312-243-0006 ext 29
Email: kmorgan@morganandbleylimited.com
GLOBAL SUPPLIES: Court Extends Cash Collateral Access to July 17
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of New York
approved a third stipulation extending Global Supplies NY Inc.'s
authority to use the cash collateral of its secured lenders.
The parties have agreed to extend the terms of the second interim
order that authorized Global Supplies NY to use cash collateral and
provided protection to secured lenders including Flushing Bank and
Amazon Capital Services.
The terms of the second interim order, including the budget, will
now remain in effect through July 17, the date of the next case
management conference.
About Global Supplies NY
Global Supplies NY, Inc. is a distribution service provider in New
York.
Global Supplies NY filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D. N.Y. Case No. 24-43232) on
August 1, 2024, with $1,115,425 in assets and $3,633,514 in
liabilities. Jolene Wee of JW Infinity Consulting, LLC serves as
Subchapter V trustee.
Judge Elizabeth S. Stong presides over the case.
Rachel S. Blumenfeld, Esq., at the Law Office of Rachel S.
Blumenfeld is the Debtor's bankruptcy counsel.
Flushing Bank can be reached through its counsel:
Frank C. Dell'Amore, Esq.
Jaspan Schlesinger Narendran, LLP
300 Garden City Plaza
Garden City, NY 11530
Tel: 516-393-8289
Fax: 516-393-8282
fdellamore@jaspanllp.com
Amazon Capital Services can be reached through its counsel:
Michael J. Gearin, Esq.
K&L Gates, LLP
925 Fourth Avenue, Suite 2900
Seattle, WA 98104
Phone: +1.206.370.6666
Mike.Gearin@klgates.com
GLOBAL TECHNOLOGIES: H. Wyatt Flippen Named New Board Chair
-----------------------------------------------------------
Global Technologies, Ltd. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Board of
Directors approved the removal of Bruce Brimacombe as Chairman of
the Board, effective immediately. Mr. Brimacombe no longer serves
as a member of the Board of Directors.
The Board appointed H. Wyatt Flippen, current Board Member and
Chief Executive Officer of the Company, as the new Chairman of the
Board, effective immediately.
About Global Technologies
Headquartered in Parsippany, NJ, Global Technologies, Ltd --
http://www.globaltechnologiesltd.info/-- is a multi-operational
company with a strong desire to drive transformative innovation and
sustainable growth across the technology and service sectors,
empowering businesses and communities through advanced, scalable
solutions that enhance connectivity, efficiency, and environmental
stewardship. The Company envisions a future where technology
seamlessly integrates into every aspect of life, improving the
quality of life and the health of the planet. The Company's vision
is to lead the industries it serves with groundbreaking initiatives
that set new standards in innovation, customer experience, and
corporate responsibility, thereby creating enduring value for all
shareholders.
Lagos, Nigeria-based Olayinka Oyebola & Co., the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated Sept. 20, 2024, citing that the Company suffered an
accumulated deficit of $(166,666,296), and a negative working
capital of $(6,304,772). These matters raise substantial doubt
about the Company's ability to continue as a going concern.
As of Dec. 31, 2024, Global Technologies had $8.60 million in total
assets, $6.62 million in total liabilities, and $1.98 million in
total stockholders' equity.
GOL LINHAS: Gol Investments Buys Co.'s Material Shareholding
------------------------------------------------------------
Carolina Pulice of Bloomberg Law reports that Gol Investment is
entirely owned by New GOL Parent (NGP), according to a regulatory
filing. The filing further notes that Abra Group Limited holds
approximately 80.20% of NGP's total and voting share capital,
either directly or indirectly.
"Based on the common and preferred shares held by Gol Investment,
Abra Group holds, directly and/or indirectly, 80.21% of the
company's total common shares," the document states.
Gol is seeking to expand internationally to reduce its dependence
on the Brazilian market following its Chapter 11 filing, Bloomberg
Law reports.
About Gol Linhas
GOL Linhas Aereas Inteligentes S.A. provides scheduled and
non-scheduled air transportation services for passengers and cargo;
and maintenance services for aircraft and components in Brazil and
internationally. The company offers Smiles, a frequent flyer
program to approximately 20.5 million members, allowing clients to
accumulate and redeem miles. It operates a fleet of 146 Boeing 737
aircraft with 674 daily flights. The company was founded in 2000
and is headquartered in Sao Paulo, Brazil.
GOL Linhas Aereas Inteligentes S.A. and its affiliates and its
subsidiaries voluntarily filed for Chapter 11 protection (Bankr.
S.D.N.Y. Lead Case No. 24-10118) on Jan. 25, 2024.
GOL Linhas estimated $1 billion to $10 billion in assets as of the
bankruptcy filing.
The Debtors tapped Milbank LLP as counsel, Seabury Securities LLC
as restructuring advisor, financial advisor and investment banker,
Alixpartners, LLP, as financial advisor, and Hughes Hubbard & Reed
LLP as aviation related counsel. Kroll Restructuring Administration
LLC is the Debtors' claims agent.
GROUPE SOLMAX: Moody's Cuts CFR to 'Caa1', Outlook Stable
---------------------------------------------------------
Moody's Ratings downgraded Groupe Solmax Inc.'s (Solmax) corporate
family rating to Caa1 from B3 and probability of default rating to
Caa1-PD from B3-PD. Moody's also downgraded the senior secured
first lien bank credit facilities, which includes the revolving
credit facility and first lien term loan, to Caa1 from B3. The
outlook remains stable.
"The downgrade reflects Solmax's challenged performance in 2024
including negative cash flows, significant execution risk in the
face of increasing competition, and a lack of visibility towards
improving operations.", said Will Gu, Moody's Ratings analyst. "The
refinancing risk of the May 2026 revolver maturity also
significantly weakens Moody's liquidity views."
RATINGS RATIONALE
The rating action reflects the company's high adjusted gross
leverage of about 7.5x for the last 12 months ending March 2025 and
Moody's expectations that it would remain elevated over the next
12-18 months. The company's credit profile remains stretched,
evidenced by a poor EBITA/Interest Expense ratio of 0.7x, negative
FFO and a free cash flow to debt ratio of negative 5.5% for the
last twelve months ending March, 31 2025.
This comes at a time when Solmax is facing increased competition
across key regions which is adversely impacting volume sales
particularly in the Environmental Infrastructure (EI) segment.
While the company is increasing focus within the higher margin
Civil Infrastructure (CI) segment and the recent facility sale
generated strong proceeds, Moody's believes there is still
significant uncertainty and execution risk surrounding any
improvements in operating performance. In addition, Moody's expects
Solmax's senior secured 1st lien revolving credit facility,
maturing at the end of May 2026, remains current for a period of
time without a refinancing until later in the year significantly
weakening Moody's views of liquidity.
Solmax's rating is constrained by its: (1) elevated debt to EBITDA
at 7.5x and weak EBITA to interest expense at 0.7x as of last
twelve months to March 31, 2025 (LTM Q1 2025) that Moody's expects
will remain weak in 2025; (2) product concentration in the niche
geosynthetic market which is exposed to cyclical public and private
infrastructure and construction spending; (3) relatively small
scale with revenue of around $825 million; and (4) a more difficult
operating environment in their end markets of Asia and AMER due to
heightened competition. While Solmax is exposed to variability in
the prices of raw materials (resin), it is largely mitigated by
pass-through pricing for its products.
The company's rating benefits from: (1) leading market position in
a competitive and highly fragmented industry; (2) a diversified
business model through multiple geosynthetic product types with
good geographical diversification; (3) exposure to numerous end
markets including infrastructure, waste management, mining and
construction that helps offset their inherent cyclicality; and (4)
a diverse customer base with the top 10 customers making up less
than 25% of revenue.
Moody's assessed the governance to be a key driver for the rating
action given the company's need to address its upcoming May 2026
revolver maturity and the weakened liquidity following the debt
coming current. Other governance considerations also include
uncertainty surrounding improving the poor financial leverage and
negative free cash flow as well as a history of underperforming
guidance.
Solmax has weak liquidity through Mar 2026, with sources
approximating $25 million against uses of about $7 million of
mandatory payments payable under the amortizing term loan. Solmax's
liquidity is supported by cash on hand of about $22 million as of
March 2025 and Moody's expectations of break-even free cash flow
for the next 12 months to Mar 2026. The company's $100 million
revolving credit facility expires in May 2026 and although it is
largely available, Moody's have not considered the facility as a
source of liquidity because it is current. Solmax is subject to a
net leverage covenant if the revolver is drawn by more than 35%.
Moody's do not expect the covenant to be applicable in the next
four quarters. Solmax has a moderate ability to generate liquidity
from asset sales as most of its assets are encumbered.
The first-lien pari passu term loan and revolving credit facility
are rated Caa1, the same as the CFR, because they make up the
preponderance of the debt in the capital structure.
The stable outlook reflects Moody's expectations that Solmax
generates stable EBITDA maintaining leverage around 7.0x while the
company works on improving operations. Moody's also expects the
senior secured 1st lien revolving credit facility, maturing at the
end of May 2026, remains current for a period of time while the
company works through refinancing options.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if it successfully refinances its
upcoming maturities, leverage reduces to below 7.5x, its
EBITA/interest coverage increases to over 1.0x and its free cash
flow becomes positive on a sustained basis.
The ratings could be downgraded if Solmax's liquidity weakens
further, the company fails to refinance its revolver maturity, or
if a restructuring resulting in losses occurs. The rating is also
likely to be downgraded if Solmax's Moody's-adjusted EBITA/interest
coverage is sustained below 0.5x and the company continues
generating negative free cash flow for an extended period of time.
Groupe Solmax Inc. is a manufacturer of geosynthetic products that
are large sheets of plastics that provide containment solutions to
the waste management, water management, mining, oil & gas, road
infrastructure, pipeline, and construction industries. The company
is privately owned by Fonds de Solidarité des Travailleurs Du
Québec, CDP Investissements Inc. (wholly owned by Caisse de
dépôt et placement du Québec), and indirectly the founder, with
all three having equal ownership. The company's head office is in
Varennes, Quebec, Canada.
The principal methodology used in these ratings was Manufacturing
published in September 2021.
HALL LABS: Committee Hires Kirton McConkie as Counsel
-----------------------------------------------------
The official committee of unsecured creditors of Hall Labs, LLC
seeks approval from the U.S. Bankruptcy Court for the District of
Utah to employ Kirton McConkie as counsel.
The firm's services include:
a. providing legal advice with respect to the Committee's
rights, powers and duties;
b. preparing on behalf of the Committee of necessary
applications, motions, objections, memoranda, orders, reports, and
other legal papers;
c. appearing in court, in litigation as a party-in-interest of
the Committee;
d. negotiating and evaluating any use of cash collateral,
proposed debtor-in-possession financing, and any other potential
financing alternatives;
e. negotiating of a potential plan of reorganization or
liquidation and matters related thereto;
f. assisting the Committee in analyzing the claims of the
Debtor's creditors and the Debtor's capital structure and in
negotiating with holders of claims and other equity interests;
g. assisting the Committee with its investigation of acts,
conduct, assets, liabilities and financial condition of the Debtor
and of the operation of the Debtor's business;
h. negotiating and formulating the proposed sale of the Debtor's
assets;
i. communicating with the Committee's constituents in
furtherance of its responsibilities; and
j. assisting with the Committee's performance of its duties and
powers under the bankruptcy code.
The firm will be paid at these rates:
Jeremy C. Sink $420 per hour
Ryan Cadwallader $385 per hour
Alyssa Nielsen $330 per hour
Associates $295 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Sink 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:
Jeremy C. Sink, Esq.
Ryan Cadwallader, Esq.
Kirton McConkie
36 South State Street, Suite 1900
Salt Lake City, UT 84111
Tel: (801) 239-3157
Fax: (801) 321-4893
Email: jsink@kmclaw.com
rcadwallader@kmclaw.com
About Hall Labs, LLC
Hall Labs LLC focuses on developing and monetizing intellectual
property across various industries by bringing together scientists
and engineers to solve complex problems. After prototyping and
market validation, Hall Labs licenses its technologies to
newly-formed entities, which then commercialize and further develop
the innovations. The Company generates revenue through the sale of
technologies, patents, and company interests, while its portfolio
companies become self-sustaining and progress toward an exit.
Hall Labs LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Utah Case No. 25-21038) on March 5, 2025. In its
petition, the Debtor reports estimated assets between $100 million
and $500 million and estimated liabilities between $50 million and
$100 million.
Honorable Bankruptcy Judge Joel T. Marker handles the case.
Andres Diaz, Esq., at Diaz & Larsen serves as the Debtor's counsel.
HANDLOS FINISHING: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------------
The U.S. Trustee for Region 12 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 cases of Handlos Finishing, LLC and its affiliates.
About Handlos Finishing
Handlos Finishing, LLC is part of a family-owned pork producer in
Audubon, Iowa, that raises hogs from farrowing through finishing
and provides custom manure-handling services. The vertically
integrated operation also farms grain and feed crops that support
its swine units.
Handlos Finishing and nine affiliates filed Chapter 11 petitions
(Bankr. S.D. Iowa Lead Case No. 25-00669) on April 23, 2025. In its
petition, Handlos Finishing reported assets between $1 million and
$10 million and liabilities between $50 million and $100 million.
Judge Lee M. Jackwig oversees the cases.
The Debtors are represented by Jeffrey D. Goetz, Esq., at
Dickinson, Bradshaw, Fowler & Hagen, P.C.
HEIR'S MEN'S: Class 10 Unsecured Claims to Split $200K in 60 Months
-------------------------------------------------------------------
Heir's Men's Shop Inc. and Jeffrey Heir submitted a First Modified
Joint Plan of Reorganization for Small Business dated May 15,
2025.
The Debtors propose to pay the holders of all allowed
administrative claims in full on the later of (i) the Effective
Date of the Plan; (ii) allowance of the claim(s) of (iii) in
accordance with any agreement between the Debtors and the holder(s)
of the claim(s).
The Debtors propose to pay the allowed priority tax claim of the
Internal Revenue Service (the "IRS") against Heri's Mens Shop in
the amount of $3,584.23, over five years at 8% interest, in monthly
installments of $72.68. They propose to pay the Tax Collector of
Jersey City's Priority tax claim against Heir's Mens Shop and the
Individual Debtors in the amount of $873.33, over five years at 8%
interest, in monthly installments of $17.71. The Debtor propose to
repay the allowed priority claim of the State of NJ Division of
Taxation (the "State of NJ") against Heir's Mens Shop in the amount
of $5,295.80, over five years at 8% interest, in monthly
installments of $107.38.
The Debtors propose to repay the allowed claim of NuBridge
Commercial Lending LLC, which is secured by the mortgage covering
the property located at 525 Westside Avenue, Jersey City, NJ 07304
(the "Property"), over a 60-month period. For the 60-month
repayment term, the Debtors will make monthly interest only
payments in the amount of $7,756.75 to NuBridge and then an
additional $1,000.25 toward the pre-petition arrears due and owing
to same. The Debtors will then repay the balance of any amount due
and owing to NuBridge through the sale or refinance of the Property
by the 60th month.
Jeffrey Heir also proposes to repay the allowed secured claim of TD
Retail Card Services, which is secured by a purchase money security
interest covering a 6-piece dining set over a 60-month period. For
the 60-month repayment term, the Debtors will make monthly payments
in the amount of $64.38 to TD Retail Card Services. Finally, the
Debtors propose to repay the allowed secured claim of the State of
NJ Division of Taxation, which is secured by a state tax lien
covering all of Jeffrey Heir's interest in property. For the
60-month repayment term, the Debtors will make monthly payments in
the amount of $16.70 to the State of NJ Division of Taxation.
The Debtor propose to treat all other allowed claims against the
Individual Debtor, including any claims against Heir's Mens Shop
that are guaranteed by the Individual Debtor, as general unsecured
claims against the Individual Debtor under Bankruptcy Code Sec.
506(a). The Individual Debtor's real and personal property is
covered by the secured claim of NuBridge. Based on the liquidation
value of the Property, the Individual Debtor estimates that there
would be approximately $163,222.41 in equity in the Property which
would be distributed to the unsecured creditors of the Individual
Debtor if the Property was liquidated in a Ch 7.
The Individual Debtor proposes $200,000.00 to the unsecured
creditors over a sixty-month period, approximately $35,000.00 more
than the unsecured creditors would receive if the property was
liquidated in a Ch 7. The Individual Debtor shall make monthly
payments of $2,000 to his unsecured creditors and then will make a
balloon payment of $80,000.00 to the unsecured creditors on or
before the 60th month of the plan by selling or refinancing the
Property. The holders of such claims will share in the fund pro
rata.
Class 10 consists of Allowed General Unsecured Claims Against the
Individual Debtors. Claimants to share pro rata in a total fund of
$200,000.00. Commencing 120 days after the Effective Date, for a
period of 60 months, the Debtors will make the monthly payments in
the amount of $2,000.00 toward the fund for payment of Class 10
Claims. The Debtor will repay the balance due and owing to
unsecured creditor in the amount of $80,000.00 in a balloon payment
on or before the end of the 60th month by selling or refinancing
the Property.
The Debtors propose to distribute the fund to the holders of
allowed Class 10 claims monthly. However, if the monthly payment
due any holder of an allowed Class 10 Claim from the fund is less
than $10.00, the Debtors may elect to distribute the full amount of
the claimant's share of the fund in a single payment.
Heir's Mens Shop will fund the payments toward the unclassified
priority tax claims against it and the payments to Classes 1, 6 and
8 by contributing post-confirmation income realized through its
operations.
The Individual Debtor will fund the payments to the Secured
Creditors in classes 3, 4, 5 and 9 by contributing post
confirmation income realized through his employment.
A full-text copy of the First Modified Joint Plan dated May 15,
2025 is available at https://urlcurt.com/u?l=exidKg from
PacerMonitor.com at no charge.
About Heir's Men's Shop Inc.
Heir's Men's Shop Inc. sells a variety of clothing and footwear
products.
Heir's Men's Shop Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 24-16734) on
July 3, 2024. In the petition filed by Jeffrey Heir, as president,
the Debtor reports total assets of $88,801 and total liabilities o
$2,076,066.
The Honorable Bankruptcy Judge John K. Sherwood oversees the case.
The Debtor is represented by:
Brian G. Hannon, Esq.
NORGAARD OBOYLE HANNON
184 Grand Avenue
Englewood, NJ 07631
Tel: (201) 871-1333
Fax: (201) 871-3161
Email: bhannon@norgaardfirm.com
HESS MIDSTREAM: Fitch Affirms 'BB+' LongTerm IDR, Outlook Stable
----------------------------------------------------------------
Fitch Ratings has affirmed Hess Midstream Operations, LP's (HESM
OpCo) Long-Term Issuer Default Rating (IDR) at 'BB+', following the
recently completed sale of all the remaining ownership share by
Global Infrastructure Partners (GIP) in a secondary public
offering. Fitch has also affirmed the instrument ratings of HESM
OpCo's senior unsecured debt at 'BB+' with a Recovery Rating of
'RR4', and senior secured debt at 'BBB-'/ 'RR1'. The Rating Outlook
is Stable.
GIP's exit gives Hess Corp. (HES; BBB/Positive Watch) controlling
interest of HESM OpCo. Fitch's parent-subsidiary analysis allows
maximum one-notch uplift to HESM OpCo from its Standalone Credit
Profile (SCP). However, the pending Chevron Corp.-HES merger makes
future ownership unclear. Hence, linkage benefits are excluded from
the rating.
HESM OpCo's ratings also reflects its robust cash flow and
disciplined leverage profile. Risks associated with single basin
focus and high customer concentration persist.
Key Rating Drivers
Rating Linkage with Parent: Fitch believes HES now has sufficient
control over HESM OpCo and has applied its Parent-Subsidiary
Linkage (PSL) Criteria. Legal incentives to support are weak,
lacking guarantees or cross-default provisions. Financial
contribution from HESM OpCo to HES is expected to remain low.
Growth potential remains limited as HESM OpCo relies primarily on
HES for revenue with no plans for material external growth. While
HESM OpCo's assets are connected well with HES, offering some
competitive advantage, this combination of factors translate into
low strategic incentives.
Contract structures limit HES' flexibility to sustain production
below certain levels, potentially impacting unit economics and
somewhat offsetting operational synergies due to well-connected
assets. Historically shared management overlap faces an uncertain
future, and both entities offer distinct products and services,
resulting in moderate operational incentives. These factors support
a maximum one-notch rating uplift for HESM OpCo from its SCP.
However, due to ownership and control uncertainties, Fitch has
excluded linkage benefits from the rating.
Geographic and Customer Concentration: HESM OpCo's assets are
concentrated in North Dakota's Bakken and Three Forks shale plays
in the Williston basin (collectively referred as Bakken).
Additionally, HESM OpCo's revenue is almost entirely driven by
volumes from HES, exposing it to North American oil and gas
production shifts that could disproportionately impact the Bakken
region or idiosyncratic factors that may impact HES.
Volumes across HESM OpCo's systems remain strong, demonstrating
robust Bakken production trends. Chevron's acquisition of HES, if
consummated, would strengthen counterparty credit quality somewhat
alleviating customer concentration risks. However, Bakken
operations likely hold less strategic importance for Chevron than
for HES given Chevron's more diverse asset portfolio.
Prudent Financial Strategy: Fitch expects HESM OpCo to maintain
leverage around its stated target of 3.0x, despite the trends in
shareholder returns, which is strong for the rating category. HESM
OpCo's expected healthy FCF generation underscores management's
credible leverage target. Most of the FCF will be used for
shareholder returns via buybacks and dividend increases over the
targeted 5% annual distribution growth. Additionally, debt-funded
share buybacks may continue till leverage trends around the target,
assuming no significant expansion or acquisition opportunities
emerge
Strong Cashflow Generation: Nearly all HESM OpCo's EBITDA is
expected from fee-based long-term minimum volume commitment (MVC)
agreements. These contracts shield against commodity price and
production volatility, ensuring stable and predictable cash flows.
Most MVCs with HES extend through 2033. These contracts are based
on 80% of HES' production nomination, set on a three-year rolling
basis, only adjustable upwards. HES' stable Bakken production in
the near term and higher gas capture targets will drive volume
growth at HESM OpCo.
Robust Contract Structure: Nearly 85% of HESM OpCo's fee-based
contracts have fixed rates, reset in 2024 using 2021-2023 averages
adjusted for 2023 inflation. These rates include annual CPI
escalators capped at 3% and cannot be altered. Cost-of-service
arrangements comprise the remaining 15%, incorporating actual and
forecasted volumes and expenses, with annual fee recalculations,
ensuring contractual return on capital. This applies to water
gathering and terminaling agreements until 2033, and to certain gas
gathering agreements until 2028.
Peer Analysis
Kinetik Holdings, LP (Kinetik; BB+/Stable) is a Permian focused
midstream company with size, scale and business characteristics
comparable to HESM OpCo. Permian is considered the most prolific
hydrocarbon producing region in the U.S. HESM OpCo has a better
contract coverage with a greater proportion of revenues under
long-term MVC contracts. HESM OpCo is also likely maintain lower
leverage than Kinetik.
Kinetik benefits from a diverse customer base, mostly
investment-grade rated issuers. In contrast, HESM OpCo relies on a
single counterparty for all its business. Although HESM OpCo
maintains lower leverage and a stronger cash flow profile, these
are offset by its Bakken focus and single-customer concentration.
DT Midstream Inc. (DTM; BBB-/Stable), a peer comparable to HESM
OpCo, operates midstream assets primarily in the Marcellus and
Utica basins, with a meaningful presence in Haynesville. Similar in
size to HESM OpCo., DTM offers greater geographic diversification
and higher business line diversity through its sizeable pipeline
segment. While DTM also has customer concentration, it remains less
concentrated than HESM OpCo.
Both have highly contracted cash flow profiles, but HESM OpCo has
better contract coverage. Expected leverage is similar for both.
HESM OpCo's regional, business, and customer concentration
outweighs its better cash flow profile.
Key Assumptions
- Fitch's oil and gas price deck;
- Volume throughput across gathering, processing, and terminaling
businesses consistent with MVCs, and Fitch's expectations for HES's
oil and gas production in the Bakken;
- Dividend growth maintained at 5% per year;
- Stable maintenance capital spends consistent with prior years,
and growth capital spend for compression expansion and new well
connects consistent with HES's development plans;
- Sporadic debt funded share buybacks in small increments;
- No meaningful changes to HESM OpCo's governance structure, at
least till after a decision has been made on the Chevron-HES deal,
and future ownership and control of HESM OpCo.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Adverse changes in certain terms in the array of contracts with
HES;
- EBITDA leverage rising above 4.0x on a sustained basis in the
context of HESM OpCo maintaining its current size;
- Negative rating action which leads to multi-notch downgrade at
the parent and or the primary counterparty;
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustained below 3.0x in the context of HESM OpCo
maintaining its current size;
- A significant acquisition that diversifies the company's business
risk, provided leverage stays below 4.5x, although this may vary,
depending on the risk profile of the acquisition.
Liquidity and Debt Structure
HESM OpCo had adequate liquidity as of March 31, 2025. The company
had total liquidity of roughly $898 million, consisting of about $6
million of cash, and $872 million available under the $1 billion
revolver, and $20 million available under its $400 million Term
Loan A facility. The credit facilities mature on July 14, 2027.
HESM OpCo's nearest debt maturity is $800 million 5.875% senior
unsecured notes due 2028.
Financial covenants on the secured credit facility permits a
maximum funded debt/EBITDA ratio of 5.0x (expanding temporarily to
5.5x in the event of certain acquisitions), and a maximum secured
debt/EBITDA of 4.0x, as defined in the credit facility for the
prior four quarters.
HESM OpCo was compliant with all the covenants as of the latest
quarter end, and Fitch expects the company to remain comfortably
within the covenant limits. The liquidity is further bolstered by
expectations of continued strong positive FCF generation.
Issuer Profile
HESM OpCo is a fee-based oil, gas, and water, gathering,
processing, and terminaling (midstream) company with assets located
in the Bakken shale play of North Dakota in the United States.
Summary of Financial Adjustments
Fitch typically calculates midstream energy issuers' leverage by
using EBITDA figure that excludes earnings from equity investments
and adding distributions from equity investments.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
HESM OpCo's ESG Relevance Score for Group Structure has changed
from '4' to '3'. HESM OpCo had a somewhat complex organizational
structure, and exposure to potential financial issues arising
elsewhere in the group. The Group Structure has now been simplified
with GIP's full exit.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Hess Midstream
Operations LP LT IDR BB+ Affirmed BB+
senior
unsecured LT BB+ Affirmed RR4 BB+
senior secured LT BBB- Affirmed RR1 BBB-
HIGHTOWER HOLDING: Moody's Affirms 'B3' CFR, Outlook Remains Stable
-------------------------------------------------------------------
Moody's Ratings affirmed Hightower Holding, LLC's (Hightower) B3
corporate family rating, B2 senior secured first lien bank credit
facility rating and Caa2 senior unsecured debt rating. The outlook
remains stable.
The rating action follows Hightower's announcement of its plan to
raise a $350 million add-on to its existing senior secured term
loan. The proceeds from this transaction will be used to fund the
company's acquisition pipeline and M&A-related expenses, as well as
to pay down the outstanding amounts on its revolving credit
facility.
RATINGS RATIONALE
The ratings affirmation reflects the modest impact of the proposed
transaction on Hightower's debt leverage and coverage metrics.
While Moody's expects the debt-to-EBITDA ratio (including Moody's
standard adjustments) to increase by 0.3x to 7.6x for the twelve
months ending March 31, 2025, it does not change Moody's views on
the company's financial profile.
Although Hightower's recent operating results have been positive,
demonstrated by an improvement in interest coverage to 1.8x for the
twelve months ending March 31, 2025, from 1.6x in fiscal year 2024,
Moody's anticipates that its profitability will still be
constrained by its significant debt burden. That said, Hightower
completed a repricing transaction in February 2025, which Moody's
expects to partly mitigate the cost impact of the additional debt.
The repricing transaction lowered the spread on the company's
floating rate debt coupon to 300 basis points (bps) from 350 bps.
Moody's believes that Hightower's strategic acquisition of NEPC,
LLC enhances its business profile. This acquisition not only
increases the company's size and scale but diversifies its client
base with institutional clients and gives it exposure to the OCIO
market. Additionally, it provides new capabilities in asset
allocation and manager research that could expand Hightower's
offerings to high-net-worth clients, promoting stronger organic
asset growth.
The stable outlook reflects Moody's expectations of solid operating
performance and continued growth, which will support cash flow
generation and potentially improve Hightower's debt coverage
metrics.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Hightower's ratings could be upgraded if there is a sustained
improvement in the company's profitability; or meaningful debt
reduction such that debt-to-EBITDA, based on Moody's standard
adjustments, is sustained below 6.5x.
Conversely, a deterioration in Hightower's interest coverage below
1.5x; or significant deterioration in free cash flow generation
caused by a slowdown in organic growth, client attrition,
underperformance of acquired firms, or persistent declines in broad
financial markets could lead to a downgrade. Furthermore, if
Hightower's debt-to-EBITDA ratio, based on Moody's standard
adjustments, trends consistently above 8.0x, could also result in a
downgrade.
The principal methodology used in these ratings was Securities
Industry Service Providers published in February 2024.
HORSEY DENISON: Meyers Rodbell Represents Multiple Creditors
------------------------------------------------------------
The law firm of Meyers, Rodbell & Rosenbaum, P.A. filed a verified
statement pursuant to Rule 2019 of the Federal Rules of Bankruptcy
Procedure to disclose that in the Chapter 11 cases of Horsey
Denison Landscaping LLC and affiliates, the firm represents the
following creditors:
1. Prince George's County, Maryland
1301 McCormick Drive, Suite 1100
Largo, MD 20774
Statutory First Priority Lien
Fiscal Year 2025
Personal Property Taxes (Est. $38,508.64)
Account No. 2565950
Statutory First Priority Lien
Fiscal Year 2026
Personal Property Taxes (Est. $34,485.34)
Account No. 2565950
Statutory First Priority Lien
Fiscal Year 2026
Personal Property Taxes (Est. $17,320.30)
Account No. 4223665
Statutory First Priority Lien
Fiscal Year 2026
Real Property Taxes (Est. $41.88)
Account No. 2798353
Statutory First Priority Lien
Fiscal Year 2026
Real Property Taxes (Est. $14,370.04)
Account No. 2837532
Statutory First Priority Lien
Fiscal Year 2026
Real Property Taxes (Est. $3,852.52)
Account No. 1208016
Statutory First Priority Lien
Fiscal Year 2026
Real Property Taxes (Est. $4,902.93)
Account No. 1235795
2. Charles County, Maryland
P.O. Box 2607
La Plata, Maryland 20646
Unsecured Claim
Illegal Hydrant Connection
Accounts Receivable (Est. $1,500.00)
Account No. 2024019
Unsecured Claim
Hydrant Meter
Water & Sewer (Est. $1,146.38)
Account No. 36264-83720
Unsecured Claim
Hydrant Meter
Water & Sewer (Est. $351.14)
Account No. 25315-59805
Unsecured Claim
Hydrant Meter
Water & Sewer (Est.$795.35)
Account No. 27046-59805
The law firm can be reached at:
MEYERS, RODBELL & ROSENBAUM, P.A.
Nicole C. Kenworthy, Esq.
6801 Kenilworth Avenue, Suite 400
Riverdale Park, Maryland 20737
(301) 699-5800
Email: bdept@mrrlaw.net
About Horsey Denison Landscaping
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.
I A P CONSTRUCTION: Court Extends Cash Collateral Access to July 10
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I A P Construction, Inc. received fourth interim approval from the
U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division to use cash collateral until July 10.
The company requires access to cash collateral to pay the expenses
set forth in its budget (with 10% variance permitted), which shows
total operational expenses of $65,991.06 for June.
American Community Bank & Trust may have an interest in the
company's assets, including cash collateral.
As protection for the use of its cash collateral, the bank was
granted replacement liens on all post-petition property of I A P,
including cash collateral, to the same extent, validity and
priority as its pre-bankruptcy liens.
I A P's right to use cash collateral will cease upon entry of a
court order directing the cessation of the use of cash collateral
dismissal of its Chapter 11 case; or conversion of the case to one
under Chapter 7.
The next hearing is scheduled for July 9.
About I A P Construction
I A P Construction, Inc. filed Chapter 11 petition (Bankr. N.D.
Ill. Case No. 25-02709) on February 24, 2025, listing up to $1
million in both assets and liabilities. Ian Proce, president of I A
P, signed the petition.
Judge Deborah L. Thorne oversees the case.
David R. Herzog, Esq., represents the Debtor as legal counsel.
IGH PROPERTIES: Unsecureds Will Get 2% of Claims over 5 Years
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IGH Properties, LLC filed with the U.S. Bankruptcy Court for the
Middle District of Alabama a Plan of Reorganization for Small
Business under Subchapter V dated May 14, 2025.
The Debtor is an entity that was organized on or around June 10,
2019, in Fort Benning, Georgia. The Debtor qualified as a Foreign
Limited Liability Company engaging in business in the State of
Alabama on August 3, 2022.
The Debtor is engaged in the business of managing commercial and
residential properties for third parties. The Debtor's primary
address is in Phenix City, Russell County, Alabama. The membership
interests of the Debtor are owned exclusively by Owen Hopper. Mr.
Hopper is employed in a full-time capacity with the Debtor and
manages its daily operations.
The Debtor's financial projections show that it will have projected
disposable income that is sufficient to pay creditors holding
allowed secured and priority unsecured claims while maintaining a
minimal and necessary level of liquidity and/or working capital.
The Plan provides for a 2% distribution to creditors holding
non-priority unsecured claims which is more favorable than the
amount these creditors would receive in a liquidation. The Debtor
will pay the unsecured claims within no more than five years of
confirmation of the Plan and/or as otherwise required by the
Bankruptcy Code.
This Plan, under Chapter 11, Subchapter V, of the Bankruptcy Code
4, proposes paying certain creditors of the Debtor, as provided for
herein, from cash flow from future earnings derived from the rents
and/or the commissions derived from commercial and residential
tenants. The Debtor intends to keep the assets disclosed within its
bankruptcy schedules, excepting only the assets surrendered herein
the Plan, if any. The Debtor does not intend to liquidate or
dispose of any property within this Plan; however, if disposition
or liquidation of property becomes necessary for a successful
reorganization, the Debtor will undertake such necessary
disposition or liquidation in accordance with the terms of this
Plan.
A secured creditor, as applicable, will retain its lien on the
collateral under this Plan, to the extent of the secured value of
the claim, unless there is an express provision herein that states
otherwise. A secured creditor, as applicable, will receive payment
on its secured claim, as set forth in this Plan, out of the
Debtor's future earnings on the terms set forth herein this Plan.
This Plan provides for payment to creditors holding administrative
and priority unsecured claims.
Class 2 consists of Non-priority unsecured creditors. The Claims
within Class 2 shall receive a 2% distribution. The Debtor shall
make five equal annual distributions, with the first distribution
to be made on the anniversary of the Effective Date, and with each
of the four remaining distributions to be made on each subsequent
anniversary of the Effective Date thereafter. The Debtor may make
these payments in advance of the due date without penalty. The
allowed unsecured claims total $138,756.01. The claims within Class
2 are impaired.
The restructuring shall be effective as of the Effective Date, with
payments, if any, to be made as set forth herein. The Debtor shall
be allowed a ten-day grace period within which to remit monthly
payments. The Debtor can satisfy the debt at any time without
penalty or unaccrued interest. Upon payment and receipt of the
final installment or amount specified in this Plan, the unsecured
claims shall be deemed paid and satisfied in full.
Class 3 consists of Equity Interests of the Debtor. The equity
interests in this Class are the membership interests held by Owen
Hopper who retains said interest within this Plan. Mr. Hopper will
remain in the position of management of the Reorganized Debtor.
The Debtor will retain its property (excepting the surrendered
collateral identified herein, if any), subject to the encumbrances
and liens thereon as provided herein, which will allow the Debtor
to operate its business, collect rents and pay its creditors
holding priority, secured and/or unsecured claims from future
earnings and/or rents derived from such operations. As applicable
and necessary, the Debtor submits all or such required amount of
its future earnings or other future income as is necessary to
effectuate the execution of this Plan.
A full-text copy of the Plan of Reorganization dated May 14, 2025
is available at https://urlcurt.com/u?l=abZFv4 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Anthony B. Bush, Esq.
The Bush Law Firm, LLC
Parliament Place Professional Center
3198 Parliament Circle 302
Montgomery, AL 36116
Tel: (334) 263-7733
Fax: (334) 832-4390
Email: anthonybbush@yahoo.com
abush@bushlegalfirm.com
About IGH Properties, LLC
IGH Properties, LLC, is engaged in the business of managing
commercial and residential properties for third parties.
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. M.D. Ala. Case No. 25-80181) on February
13, 2025, listing up to $50,000 in assets and $100,001 to $500,000
in liabilities.
Anthony Brian Bush, Esq., at The Bush Law Firm, LLC, is the
Debtor's counsel.
INDEPENDENCE FUEL: To Sell Fueling Station Equipment at Auction
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Christopher J. Moser, Chapter 7 Trustee of the case of Independence
Fuel Systems LLC, seeks permission from the U.S. Bankruptcy Court
for the Eastern District of Texas, Sherman Division, to sell
Property, free and clear of liens, interests, and encumbrances.
The bankruptcy estate possesses, among other things, equipment used
in the Debtor's operation of its compressed natural gas fueling
station located at 1086 US Highway 59 South, Carthage, Texas 76533
(Carthage Station).
The Trustee hires bonded auctioneer (ECF 33), Rosen Systems, Inc.,
to sell the Equipment through its regular on-line auction and to
compensate Rosen with a 10% buyer’s premium and the reimbursement
of its reasonable expenses.
Rosen proposes to sell the Property through its website at
www.rosensystems.com through an internet auction taking place on
July 9, 2025 at 10 a.m. CST.
The Trustee seeks authority to sell the Equipment free and clear of
all liens, claims and encumbrances.
Following the sale, the Trustee will seek an order authorizing the
payment of any auction fees and expenses of Rosen from the gross
sales proceeds.
The Equipment needs to be sold quickly to vacate the Lease Premises
and return it to Eastern Fuel Properties, LLC (Landlord) for
re-leasing.
About Independence Fuel System
Independence Fuel Systems, LLC, owner of gasoline stations in
Texas, sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Texas Case No. 22-60301) on July 14, 2022, with
up to $50,000 in assets and up to $10 million in liabilities.
Charles Neuberger, chairman of the Board of Managers, signed the
petition.
Judge Joshua P. Searcy oversees the case.
Eric A. Liepins, P.C., is the Debtor's bankruptcy counsel. The Law
Office of PJ Putman, P.C. and Valdez Washington, LLP serve as the
Debtor's special counsel.
INNOVATE CORP: DBM Global Secures $220M Credit Facility
-------------------------------------------------------
Innovate Corp. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that DBM Global Inc., a
subsidiary of the Company, and certain other borrowers entered into
an Amended and Restated Credit Agreement with the lenders which are
party thereto from time to time and UMB BANK, n.a., a national
banking association, as Letter of Credit Issuer and as
Administrative Agent.
"We are excited to continue our outstanding relationship with our
banking partners at UMB and this provides us with sufficient
liquidity to support the working capital requirements for our
platform of companies," said Rustin Roach, Chairman and CEO of
DBMG.
"The Credit Facility will provide DBMG with long-term flexibility,"
said Paul Voigt, INNOVATE's interim CEO. "DBMG added over $500
million in new awards to their adjusted backlog last quarter. We
continue to be optimistic for the remainder of the year and this
Credit Facility will help support continued growth."
The Credit Agreement provides DBMG with senior secured debt
financing in an amount up to $220 million in the aggregate,
consisting of:
(i) a senior secured revolving credit facility in an aggregate
principal amount of $135 million and
(ii) a senior secured term loan facility in the amount of $85
million.
The Credit Agreement also contains an accordion feature to increase
the allowable size of the Revolving Facility by an additional $50
million. The Credit Facility will mature on May 20, 2030.
DBMG entered into the Credit Facility in order to fully repay
DBMG's existing debt obligations and provide additional working
capital capacity.
The obligations of the Borrowers under the Credit Agreement are
guaranteed by certain domestic subsidiaries of DBMG. As security
for the Borrowers' obligations under the Credit Agreement,
(i) DBMG and its domestic subsidiaries have granted a first
priority lien on substantially all their tangible and intangible
personal property, including, without limitation, accounts
receivable, equipment and the equity interests of certain of DBMG's
direct and indirect subsidiaries, and
(ii) certain of the domestic subsidiaries of DBMG have granted
a first priority lien on 10 parcels of real estate owned by such
subsidiaries.
Interest on borrowings under the Credit Facility is a rate per
annum equal to the greater of (a) 4.25% per annum, and (b) the rate
per annum set forth based on the following Senior Funded
Indebtedness to EBITDA ratio:
(i) if the Senior Funded Indebtedness to EBITDA Ratio is less
than 1.00 to 1.00, the Term SOFR Rate plus 2.50%;
(ii) if the Senior Funded Indebtedness to EBITDA Ratio is
greater than or equal to 1.00 to 1.00 and less than 1.50 to 1.00,
the Term SOFR Rate plus 2.75%;
(iii) if the Senior Funded Indebtedness to EBITDA Ratio is
greater than or equal to 1.50 to 1.00 and less than 2.00 to 1.00,
the Term SOFR Rate plus 3.00%; and
(iv) if the Senior Funded Indebtedness to EBITDA Ratio is
greater than or equal to 2.00 to 1.00, the Term SOFR Rate plus
3.25%.
The initial interest rate on borrowings under the Credit Facility
shall be set at the Term SOFR Rate plus 3.00%. Unless sooner paid
in full, the outstanding principal balance of borrowings under the
Credit Facility and all accrued but unpaid interest thereon shall
be paid in full on the maturity date of the Credit Facility.
Borrowings under the Credit Facility may be repaid in whole at any
time or in part in the amount of $1 million or a greater amount
that is a multiple of $0.5 million. The Borrowers are required to
make mandatory prepayments on the Credit Facility with proceeds
received from issuances of debt, issuances of equity or receipt of
capital contributions, events of loss and certain dispositions.
The Credit Agreement contains various usual and customary covenants
that limit, among other things, the Borrowers' ability and certain
of its subsidiaries' abilities to incur certain indebtedness, grant
certain liens, merge or consolidate, sell assets, enter into
acquisitions, enter into affiliate transactions, prepay
subordinated debt, make investments and pay dividends. In addition,
the Borrowers are required to maintain the following financial
covenants:
* a Fixed Charge Coverage Ratio at the last day of any fiscal
quarter not to be less than 1.25 to 1.00 for the four fiscal
quarters ending on such day; and
* a Senior Funded Indebtedness to EBITDA Ratio as of the last
day of any fiscal quarter not to be greater than 2.50 to 1.0.
The Credit Agreement also includes customary events of default,
including events of default relating to non-payment of principal or
interest, material inaccuracy of representations and warranties,
default under covenants, bankruptcy and insolvency events,
unsatisfied material judgments, ERISA, loan documents not being
valid, collateral documents failing to create a valid and perfected
first priority security interest, and a change of control. If an
event of default occurs, the Lenders will be able to accelerate the
maturity of the Credit Facility and exercise other rights and
remedies.
Concurrently with DBMG's entry into the Credit Agreement, DBMG
terminated that certain Credit Agreement, dated as of May 27, 2021,
by and among DBM Global Inc., the other Borrowers listed on
Schedule 1.1 thereto, the Lenders, which are party thereto from
time to time and UMB Bank, n.a., a national banking association, as
Letter of Credit Issuer and as Administrative Agent, and amended by
First Amendment to Credit Agreement, dated August 2, 2022, Second
Amendment to Credit Agreement, dated December 12, 2023, and Third
Amendment to Credit Agreement, dated June 28, 2024.
About Innovate
New York-based Innovate Corp. -- innovatecorp.com -- is a
diversified holding company that has a portfolio of subsidiaries in
a variety of operating segments. The Company seeks to grow these
businesses so that they can generate long-term sustainable free
cash flow and attractive returns in order to maximize value for all
stakeholders. As of Dec. 31, 2023, its three operating platforms or
reportable segments, based on management's organization of the
enterprise, are Infrastructure, Life Sciences, and Spectrum, plus
its other segment, which includes businesses that do not meet the
separately reportable segment thresholds.
New York, N.Y.-based BDO USA, P.C., the Company's auditor since
2011, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the fiscal year ended Dec. 31, 2024, citing the Company
has maturities of certain debt obligations that exceed its current
and forecasted cash balances within one year from the date of this
report. These conditions raise substantial doubt about its ability
to continue as a going concern.
* * *
In May 2025, S&P Global Ratings lowered its long-term issuer credit
rating on Innovate Corp. to 'CCC-' from 'CCC' and its issue rating
on the company's senior notes due 2026 to 'CCC' from 'CCC+'. The
recovery rating on the notes remains '2', indicating its
expectation for meaningful (75%) recovery in the event of a
default. The negative outlook reflects S&P Global's view that the
company's liquidity will be under stress in the next six months,
such that sources are unlikely to meet uses absent unforeseen
positive developments.
INTERSTATE WASTE: S&P Alters Outlook to Negative, Affirms 'B' ICR
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S&P Global Ratings revised its outlook on Interstate Waste Services
Inc. (IWS) to negative from stable and affirmed all its ratings,
including the 'B' issuer credit rating and its 'B' issue-level
rating on the senior secured debt issued by its borrowing
subsidiary, The Action Environmental Group Inc. S&P's '3' recovery
rating on the senior secured debt is unchanged.
S&P said, "The negative outlook reflects our expectation that IWS'
S&P Global Ratings-adjusted debt to EBITDA will remain elevated
over the next 12 months. Assuming the proposed transaction closes
as we expect, we assume the company will maintain S&P Global
Ratings-adjusted weighted-average debt to EBITDA in the higher end
of the 6x-7x range."
IWS, a privately held waste services company operating in the
northeastern U.S., announced a proposed $155 million fungible
add-on to its existing first-lien term loan facility, which it will
use to fund near-term acquisitions. The company is also proposing
to upsize its revolver by $25 million to $275 million.
After this transaction, S&P Global Ratings believe IWS' debt
leverage will be stretched at the current rating, which will
provide it with a minimal cushion to absorb any unexpected setbacks
related to the realization of earnings from its growth projects.
The company is planning to issue additional add-on term loans and
expand its existing revolver to fund near-term acquisitions and
support its liquidity. Overall, IWS' pro forma capital structure
will comprise $1,227 million of first-lien term loans (including
$1,072 million in existing term loans and the proposed $155 million
add-on) and an upsized $275 million revolving credit facility. S&P
said, "We expect the company will use the proceeds from the term
loan add-on to finance certain near-term acquisitions. Similar to
its acquisitions in the recent past, we view this transaction as
complementary to IWS' overall business strategy and anticipate the
acquisitions will provide synergies and increased waste
internalization opportunities. We expect the company will close its
targeted acquisitions in the coming months and expect it will
maintain adequate liquidity over the next 12 months."
S&P said, "Following the proposed transaction, we expect IWS' debt
leverage will be stretched for the current rating until it realizes
incremental earnings from its growth projects. We expect the
company's S&P Global Ratings-adjusted debt to EBITDA will be
between 6x and 7x on a weighted-average basis over the next 12
months. We expect IWS' debt to EBITDA will remain elevated for the
rating in 2025 as it raises incremental debt to finance its growth
and infrastructure expansion for the coming years. That said, we
expect the company will significantly reduce its leverage to about
6.5x in 2026 as it realizes incremental earnings from its
acquisitions and gains market share from the roll out of the
Commercial Waste Zones (CWZ) program. IWS generated negative free
operating cash flow (FOCF) in 2024 and we forecast it will generate
another deficit in 2025, primarily due to high start-up and growth
spending. We anticipate the company's FOCF will turn positive in
2026 on higher earnings and reduced capital expenditure (capex)
requirements. In the meantime, we believe IWS will maintain
adequate liquidity. We note that the company's currently elevated
leverage profile and the potential it will undertake additional
debt-funded tuck-in acquisitions over the next 12 months leaves it
with a minimal cushion at the rating for unexpected adversities,
including delays in the implementation of the CWZ program,
challenges in expanding its market share, integration issues with
its acquisitions, or an inability to realize its targeted
synergies. We also note prospects of additional debt-funded
acquisitions given the company's track record of being
acquisitive.
"Our base case forecast incorporates our expectation that IWS will
increase its regional market share in the waste collections
business over the next 24 months because of the implementation of
the CWZ zoning plan in NYC. Under New York City's new CWZ program,
the company was awarded the rights to participate and serve
customers in at least 14 out of 20 zones--each zone features up to
three operators with exclusive rights--plus one containerized (roll
off) zone. After the implementation of the pilot zone in January
2025, we assume the first two zones that IWS will operate launch in
October this year and will be fully implemented as of Dec. 1, 2025.
While the final roll-out schedule for the majority of the zones is
uncertain at this stage, our base case assumes all zones are
implemented over the next two years and that the company benefits
from the increase in its waste collection market share and earnings
from new customers, which will support deleveraging.
"The negative outlook on IWS reflects our expectation its credit
metrics will be stretched for the current rating, including
weighted-average S&P Global Ratings-adjusted debt to EBITDA in the
higher end of the 6x-7x range. We expect the company will generate
negative FOCF in 2025, due to its high start-up and growth
spending, but anticipate it will maintain adequate liquidity over
the next 12 months and generate positive FOCF in 2026. Our base
case scenario assumes some debt-funded acquisition spending beyond
2025 but at a significantly lower level than in 2024 and 2025. We
do not assume any debt-funded shareholder rewards in our base
case."
S&P could consider downgrading IWS in the next year if:
-- Its operating performance deteriorates due to competitive
pressures, operational disruptions, challenges in achieving its
targeted synergies or integrating acquisitions, unexpected delays
and overruns related to the roll out of the CWZ program, or a deep
and prolonged recession;
-- It undertakes additional debt-financed acquisitions or growth
projects or debt-funded shareholder returns such that its
weighted-average S&P Global Ratings-adjusted debt to EBITDA remains
above 7x on a consistent basis with no clear prospects for
recovery; and
-- Its persistently negative FOCF generation strains its liquidity
or pressures its covenant compliance.
S&P could consider revising its outlook on IWS to stable in the
next year if:
-- Its earnings are stronger than expected due to
higher-than-anticipated volumes or EBITDA margins supported by its
continued internalization, integration of planned acquisitions, and
the ramp up of its growth projects;
-- There is increased certainty around achieving positive FOCF in
the next few quarters; and
-- S&P believes its financial policies are supportive of
maintaining S&P Global Ratings-adjusted debt to EBITDA of
consistently below 6.5x on weighted-average basis.
IQVIA INC: Moody's Gives Ba2 Rating on New Senior Unsecured Notes
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Moody's Ratings assigned Ba2 rating to the proposed senior
unsecured notes of IQVIA Inc. ("IQVIA"). There are no changes to
IQVIA's existing ratings, including the Ba1 corporate family
rating, Ba1-PD probability of default rating, Baa3 senior secured
credit facility rating, and SGL-1 Speculative Grade Liquidity
Rating. The outlook remains stable.
IQVIA will use the net proceeds from $2.0 billion notes offering
due 2032 to repay existing borrowings under the company's revolving
credit facility, pay fees and expenses related to the transaction,
with the balance allocated for general corporate purposes.
RATINGS RATIONALE
IQVIA's Ba1 Corporate Family Rating reflects the company's
considerable size, scale, and strong market position as both a
pharmaceutical contract research organization (CRO) and
pharmaceutical data and analytics provider. The rating is also
supported by the company's strong operating cash flow and very good
liquidity. Market dynamics within IQVIA's CRO and data providing
businesses are stable which in Moody's views will be contributing
to relatively low earnings volatility and predictable free cash
flow over the next few years. Despite Moody's expectations that
IQVIA will generate healthy earnings over the intermediate-term,
Moody's believes debt/EBITDA will generally be maintained between
3.5 times and 4.5 times. IQVIA's rating is constrained by its
moderately aggressive financial policies as Moody's expects that
free cash flow will continue to be prioritized for share
repurchases and acquisitions.
The stable rating outlook reflects Moody's expectations that IQVIA
will grow earnings in the mid-single digits over the next 12 to 18
months and that debt/EBITDA will generally be maintained between
3.5 to 4.5 times.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Ratings could be upgraded if IQVIA can deliver revenue growth and
maintain profitability such that adjusted debt to EBITDA is
sustained below 3.5 times. Additionally, the company would need to
maintain a conservative financial policy, including a public
commitment to a financial leverage consistent with an investment
grade rating, to consider an upgrade.
Ratings could be downgraded if IQVIA's operating performance
weakens significantly or if the company executes material
debt-funded acquisition and/or share repurchases that result in
debt to EBITDA sustained above 4.5 times.
IQVIA, headquartered in Durham, North Carolina, is a leading global
provider of outsourced contract research and contract sales
services to pharmaceutical, biotechnology and medical device
companies. The company is also a leading provider of sales and
other market intelligence primarily to the pharmaceutical and
biotech industries. Reported revenues for the fiscal year 2024 were
approximately $15.4 billion.
The principal methodology used in this rating was Business and
Consumer Services published in November 2021.
J-K.A.B.S TRANSPORTATION: Hires Conway Law Group PC as Counsel
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J-K.A.B.S Transportation LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Virginia to employ
Conway Law Group, PC as counsel.
The firm's services include:
(a) advising the Debtor with respect to its powers and duties as
debtor in possession in the continued management and operation of
the assets of their respective estates;
(b) advising and consulting on the conduct of the case,
including all of the legal requirements of operating in Chapter
11;
(c) attending meetings and negotiating with representatives of
Debtor's creditors and other parties in interest;
(d) taking all necessary action to protect and preserve the
Debtor's estates, including prosecuting actions on the Debtor's
behalf, defending any actions commenced against the Debtor, and
representing the Debtor's interests in negotiations concerning all
litigation in which the Debtor is involved, including objections to
claims filed against the Debtor's estate;
(e) preparing all pleadings, including motions, applications,
answers, orders, reports, and papers necessary or otherwise
beneficial to the administration of the Debtor's estate;
(f) advising the Debtor in connection with any potential sale of
assets, as authorized by the Member's resolution dated May 10,
2025;
(g) appearing before the Court to represent the interests of the
Debtor's estate;
(h) taking any necessary action on behalf of the Debtor to
negotiate, prepare on behalf of the Debtor, and obtain approval of
a Chapter 11 plan and documents related thereto; and
(i) performing 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:
Martin C. Conway, Esq. $550 per hour
Attorneys $550 per hour
Paralegals $200 per hour
Prior to the petition date, the firm was paid by the Debtor a
retainer of $7,500.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Conway 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:
Martin C. Conway, Esq.
Conway Law Group, PC
1320 Central Park Blvd., #200
Fredericksburg, VA 22401
Tel: (855) 848-3011
Fax: (575) 385-3334
Email: martin@conwaylegal.com
About J-K.A.B.S Transportation LLC
J-K.A.B.S Transportation LLC, filed a Chapter 11 bankruptcy
petition (Bankr. E.D. Va. Case No. 25-31875-BFK) on May 11, 2025.
The Debtor hires Conway Law Group, PC as counsel.
JACKSON COURT: Hires Sullivan Blackburn as Special Counsel
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Jackson Court City Share Owners Association seeks approval from the
U.S. Bankruptcy Court for the Northern District of California to
employ Sullivan Blackburn & Pratt as special counsel.
The Debtor needs the firm's legal assistance to evaluate potential
claims against its former counsel, Clark Hill, and to report its
conclusions regarding whether prosecution of such claims would be
substantively and economically warranted.
The firm will be paid at these rates:
Christopher D. Sullivan $700 per hour
Stacey L. Pratt $550 per hour
The firm's fee will be capped at $15,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Christopher D. Sullivan, a partner at Sullivan Blackburn & Pratt,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Christopher D. Sullivan, Esq.
Sullivan Blackburn & Pratt
601 Montgomery Street, Suite 1200
San Francisco, CA 94111
Tel: (415) 869-6823
Email: csullivan@sullivanblackburn.com
About Jackson Court City Share Owners Association
Based in San Francisco, Jackson Court City Share Owners Association
operates as a property owners association.
Jackson Court City Share Owners Association sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Cal. Case No.
25-30010) on January 8, 2025. In its petition, the Debtor reported
estimated assets between $1 million and $10 million and estimated
liabilities between $100,000 and $500,000.
Judge Hannah L. Blumenstiel handles the case.
The Debtor tapped Michael St. James, Esq., at St. James Law, PC as
bankruptcy counsel and Bruce M. Boyd, Esq., at Lee, Hong, Degerman,
Kang & Waimey as corporate counsel.
JACKSON HOSPITAL: Loses Bid to Amend Employment Applications
------------------------------------------------------------
Judge Christopher L. Hawkins of the United States Bankruptcy Court
for the Middle District of Alabama denied Jackson Hospital &
Clinic, Inc.'s emergency motion to amend employment applications of
Burr & Forman LLP, Eisner Advisory Group, LLC, Gilpin Givhan, PC,
and Memory Memory & Causby, LLP (the "Professionals").
The Professionals seek to amend their employment applications, such
that the scope of their employment is expanded to include the
potential representation of The Medical Clinic Board of the City of
Montgomery, Alabama in any necessary restructuring efforts.
Bankruptcy Code Section 327(a) states that the court may approve
employment of professionals to represent or assist the trustee in
carrying out the trustee's duties under the Bankruptcy Code. By
virtue of Section 1107(a), the term "trustee" equates to the debtor
in possession.
Judge Hawkins explains, "The Medical Clinic Board is not a debtor
in possession. As such, the Medical Clinic Board is not a party
that the Professionals can be employed to represent. The Medical
Clinic Board has no duties under the Bankruptcy Code for which the
Professionals can offer assistance."
Judge Hawkins says the Court lacks authority to approve or
disapprove the selection of attorneys for non-debtor parties.
Accordingly, it is appropriate for the Court to refrain from
granting the motion.
The Court also finds the Medical Clinic Board possesses an economic
interest that would tend to lessen the value of the bankruptcy
estate or that would create either an actual or potential dispute
in which the estate is a rival claimant. The relationship between
the Medical Clinic Board and the Debtors is not wholly reciprocal
because the Medical Clinic Board is not required to conduct
business solely with the Debtors. Without complete alignment, the
Medical Clinic Board has an economic interest in assets that could
lessen the value of the Debtors' estates.
The Court says it has no reason to doubt the Debtors'
representations that the Medical Clinic Board and the Debtors share
a common mission and common goals, and that their current business
arrangements are mutually beneficial. It also recognizes that the
Debtors' operations are, as a practical matter, intertwined with
the use of the Medical Clinic Board's assets and that a sale of the
combined operations and assets will maximize the value of the
Debtors' estates. The Court cannot, however, find that there is no
risk of adverse interests or a lack of disinterestedness if the
Professionals are the sole advisors to the Medical Clinic Board.
The Court believes the more prudent approach would be for the
Medical Clinic Board to utilize separate counsel to negotiate the
terms of any restructuring and sale involving the Debtors.
The Court concludes that Section 327(a) does not permit an order
authorizing the retention of professionals to represent non-debtor
parties. Even if such authority existed, under Section 105(a) or
otherwise, the Court finds that the Medical Clinic Board has legal
rights that do not completely align with the legal rights and goals
of the Debtors. Thus, a risk exists that the Professionals could
represent an interest adverse to the Medical Clinic Board and that
their impartiality toward the Medical Clinic Board could be
compromised. Accordingly, the motion is denied.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=0KAyuS from PacerMonitor.com.
About Jackson Hospital & Clinic Inc.
Jackson Hospital & Clinic, Inc. is a non-membership, non-profit
corporation based in Alabama. JHC is the direct or indirect parent
company of JHC Pharmacy, LLC, an Alabama limited liability company
that provides pharmacy services to JHC patients. JHC owns 100% of
JHC Pharmacy. Additionally, JHC is a direct or indirect parent
company of certain other entities that have not filed for
bankruptcy.
JHC operates a 344-bed healthcare facility in Montgomery, Ala.,
with a rich history dating back to 1894. Since its official opening
in 1946, JHC has grown into one of the largest hospitals in
Alabama, offering specialized services in cardiac care, cancer
treatment, neurosciences, orthopedics, women's care, and emergency
services. JHC's service area includes 16 counties across central
Alabama.
JHC and JHC Pharmacy filed Chapter 11 petitions (Bankr. M.D. Ala.
Lead Case No. 25-30256) on February 4, 2025. In its petition, JHC
reported between $100 million and $500 million in both assets and
liabilities.
Judge Christopher L. Hawkins handles the cases.
The Debtors are represented by:
Derek F. Meek, Esq.
Marc P. Solomon, Esq.
James P. Roberts, Esq.
Andrew P. Cicero, III, Esq.
Catherine T. Via, Esq.
Burr & Forman, LLP
420 20th Street North, Suite 3400
Birmingham, AL 35203
Tel: (205) 251-3000
Email: dmeek@burr.com
msolomon@burr.com
jroberts@burr.com
acicero@burr.com
cvia@burr.com
KEEP IT GYPSY: Seeks to Hire Bond Law Office as Counsel
-------------------------------------------------------
Keep it Gypsy, Inc. seeks approval from the U.S. Bankruptcy Court
for the Western District of Arkansas to employ Bond Law Office as
counsel to handle its chapter 11 case.
The firm will be paid at these rates:
Attorneys $375 per hour
Associates $250 per hour
Paraprofessionals $125 per hour
Before commencement of the bankruptcy case, the firm received from
the Debtor a retainer of $8,262, and $1,738 filing fee.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Bond 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:
Stanley V. Bond, Esq.
Bond Law Office
PO Box
Fayetteville, AR 72702-1893
Tel: (479) 444-0255
Fax: (479) 235-2827
Email: attybond@me.com
About Keep it Gypsy, Inc.
Keep it Gypsy Inc. is a retailer and wholesaler based in Fort
Smith, Arkansas, that offers handcrafted leather goods, jewelry,
and graphic tees. The Company operates retail locations and
maintains a presence in wholesale markets such as the Dallas World
Trade Center and Atlanta apparel trade shows.
Keep it Gypsy Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Ark. Case No. 25-70837) on
May 15, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Bianca M. Rucker handles the case.
The Debtors are represented by Stanley V. Bond, Esq. at BOND LAW
OFFICE.
KOSMOS ENERGY: Moody's Cuts CFR to B3 & Alters Outlook to Negative
------------------------------------------------------------------
Moody's Ratings has downgraded Kosmos Energy Ltd.'s (Kosmos Energy)
Corporate Family Rating to B3 from B2, Probability of Default
Rating to B3-PD from B2-PD and senior unsecured notes to Caa1 from
B3. The speculative grade liquidity rating is unchanged at SGL-3.
The outlook was changed to negative from stable.
"The downgrade of Kosmos Energy's ratings and the negative outlook
reflect Moody's concerns about rising refinancing risks and
liquidity position of the company, with debt maturities in April
2026 and May 2027, and the springing maturity provision in its
reserve-based facility, as well as its heighten leverage and low
profitability of the GTA project in 2025-26," said Giancarlo Rubio,
Moody's Ratings Vice President.
RATINGS RATIONALE
The B3 CFR reflects heightened financial risks and extended capital
structure, following completion of the $1.5 billion investment in
the Greater Tortue Ahmeyim (GTA) project, that started operations
in Q1 2025. The rating takes into account the company's elevated
leverage in 2025, driven in part by negative free cash flow
contributions from the GTA project in 2025, as well as by lower oil
prices.
Kosmos Energy's debt reached $2.9 billion at March 30, 2025, before
including its asset retirement obligations of $415 million. Moody's
views this amount of debt as high, relative to the production base,
with debt/production reaching $46.9 thousand / boe, compared to
$35.4 thousand /boe maintained by the company in 2022 prior to the
GTA investment. The rating assumes a gradual improvement in the
project's profitability. The project is breakeven at around $60/bbl
Brent oil price, and Moody's expects a gradual improvement in the
breakeven position, as GTA ramps up volumes in 2026.
The company's EBITDA was negatively impacted by the scheduled
shutdown of the Jubilee FPSO in Ghana (Kosmos' largest producing
asset), as well as the scheduled shutdown of the Kodiak field, and
the associated maintenance costs incured in the first quarter 2025.
Consequently, the company's financial leverage measured by debt/
EBITDA increased to 3.5x LTM March 2025. Moody's expects leverage
to remain at similar levels for the rest of 2025 as result of the
less constructive oil price environment. As of March 2025, about
40% of the company's projected oil production was hedged for the
remainder of 2025.
Kosmos Energy's senior unsecured notes are rated Caa1, one notch
below the B3 CFR, given their unsecured claim on the company's
assets, and their structurally subordinated position to the secured
$1.35 billion RBL facility.
Kosmos Energy's financial risks are high given its refinancing
requirements and exposure to commodity price risks. The company's
liquidity is sufficient to fund its operations, but Kosmos Energy
needs to execute on its debt reduction and refinancing plans to
maintain adequate liquidity consistent with its SGL-3 rating. The
company's operating liquidity is supported by $350 million
availability under its reserve based revolver facility (RBL). The
$1.35 billion RBL facility matures in 2029 and has a springing
maturity to the company's senior unsecured notes. The springing
maturity condition is subject to a liquidity test measured at the
time of the borrowing base determination (every April and October).
Kosmos Energy retains options to raise additional liquidity, as its
assets in the Gulf of America and Senegal and Mauritania are
unencumbered.
The negative rating outlook reflects rising refinancing risk and
exposure to commodity price risk, limiting the company's ability to
repay maturing debt from free cash flow generation, pending a
sustained recovery in the oil prices.
ESG CONSIDERATIONS
Moody's revised the ESG Credit Impact Score to CIS-4 from CIS-2,
indicating that the company's ratings are no longer constrained by
the country ceiling of Ghana and are lower than they would have
been if exposure to ESG risks did not exist. This negative impact
is primarily driven by high governance risks associated with
financial strategy and risk management, characterized by Kosmos
Energy's high tolerance for debt and oil price volatility. The
company's exposure to environmental and social risks has lower
impact to date but could have the potential for future negative
credit impact over time.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Kosmos Energy's CFR could be downgraded if the company fails to
address its 2026 and 2027 debt maturities well ahead of the
respective maturities, or if its liquidity weakens. A sustained
decline in production due to operational issues or materially
adverse policy actions from host governments may also lead to the
downgrade of the ratings. The rating on the senior unsecured notes
may be downgraded if the company increases the share of senior
secured debt in its capital structure.
The upgrade of the B3 CFR will require a significant debt reduction
and a sustained improvement in liquidity and refinancing profile of
the company. The successful ramp up of the GTA project, achieving
material free cash flow contribution from the project, and robust
operating performance in Ghana, will be also required to underpin
solid debt coverage metrics with RCF to Debt sustained above 25%,
and EBITDA/ Interest sustained in excess of 3x.
Kosmos Energy Ltd. is a Dallas, Texas based publicly traded
exploration and production company with the main producing assets
offshore West Africa, as well as assets in the US Gulf of America.
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
KPSI INNOVATION: Hires Wenokur Riordan as Bankruptcy Counsel
------------------------------------------------------------
KPSI Innovation, Inc. seeks approval from the U.S. Bankruptcy Court
for the Western District of Washington to employ Wenokur Riordan
PLLC as bankruptcy counsel.
The firm will render these services:
a. take all actions necessary to protect and preserve Debtor's
bankruptcy estate, including the prosecution of any actions on
Debtor's behalf, defense of any action commenced against Debtor,
negotiations concerning litigation in which Debtor is involved,
objections to claims filed against Debtor in this bankruptcy case,
and the compromise or settlement of claims;
b. prepare the necessary applications, motions, memoranda,
responses, complaints, answers, orders, notices, reports and other
papers required from Debtor as Debtor-in-possession in connection
with administration of this case;
c. negotiate with creditors concerning a Chapter 11 plan, to
prepare a Chapter 11 plan and related documents, and to take the
steps necessary to confirm and implement the proposed plan of
reorganization; and
d. provide such other legal advice or services as may be
required in connection with the Chapter 11 cases.
The firm will bill these rates:
Alan Wenokur $550 per hour
Nate Riordan $550 per hour
Faye Rasch $550 per hour
Cat Reny, Associate $475 per hour
The firm received an advance fee deposit of $150,000 from the
Debtor.
Alan Wenokur, Esq., an attorney at Wenokur Riordan, 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:
Alan J. Wenokur, Esq.
Wenokur Riordan PLLC
600 Stewart Street, Suite 1300
Seattle, WA 98101
Telephone: (206) 682-6224
Email: alan@wrlawgroup.com
About KPSI Innovation, Inc.
KPSI Innovation, Inc. is a company specializing in the manufacture
and sale of fire-blocking head-of-wall products. The company offers
a range of fire-rated gasket products designed for use in
construction applications, particularly to prevent the spread of
fire and smoke through structural gaps.
KPSI Innovation sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11068) on April 21,
2025. In its petition, the Debtor reported total assets of
$1,455,439 and total liabilities of $3,883,37.
Judge Timothy W. Dore oversees the case.
The Debtor is represented by Faye C. Rasch, Esq., at Wenokur
Riordan, PLLC.
LAVERNE ELEMENTARY: Moody's Rates 2025A/B School Bonds 'Ba1'
------------------------------------------------------------
Moody's Ratings has assigned an initial Ba1 rating to LaVerne
Elementary Preparatory Academy, CA's $18.3 million Charter School
Lease Revenue Bonds (LaVerne Elementary Preparatory Academy
Project), Series 2025A and $620,000 Charter School Lease Revenue
Bonds (LaVerne Elementary Preparatory Academy Project), Series
2025B (Taxable) issued through the California Public Finance
Authority. The academy has approximately $12 million of debt
outstanding as of fiscal year end (June 30) 2024. The outlook is
stable.
RATINGS RATIONALE
The Ba1 rating reflects the academy's strong academic results and
healthy operating performance. These strengths are balanced by the
academy's small operating scale and above average leverage
following the issuance of new debt. Student demand is solid and is
anchored by superior academic performance compared to both the
local district and the state as well as limited competition within
the academy's service area. Good financial managment and one-time
revenue have resulted in healthy operating performance and boosted
the academy's liquidity to over 400 days cash, a key credit
strength.
Leverage will rise significantly with the issuance of new debt,
pushing pro forma debt to operating revenue to 2.8x and maximum
annual debt service to 18% of fiscal 2024 revenue. The new debt
supports the acquisition of a second campus-formerly a school and
thus free of construction risk-to enable expansion into 7th and 8th
grades. However, the academy faces expansion risk, as enrollment
growth is necessary to generate the revenue needed to support the
higher debt burden.
The school remains in compliance with its current charter contract
with the Hesperia Unified School District, and another renewal is
likely in 2026.
Governance is a key driver of all initial charter school rating
assignments. Governance considerations include financial strategy
and risk management, as well as management credibility and track
record, which are sound as demonstrated by the academy's solid
student demand trends and healthy operating performance.
RATING OUTLOOK
The stable outlook incorporates expectations of continued healthy
operating performance and maintenance of strong liquidity.
Stability is also dependent on the absence of material delays with
opening the second campus and achieving projected enrollment
growth.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Achievement of projected enrollment targets from successfully
opening the academy's second campus
-- Sustained strength in operating performance and reduction in
leverage driven by increasing enrollment that moderates debt on a
per student basis
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Failure to meet enrollment projections either from delays with
opening the new campus or insufficient student demand
-- Increase in financial leverage
-- Material reduction in liquidity below 250 days cash on hand,
currently a key credit strength given the academy's modest
enrollment
PROFILE
LaVerne Elementary Preparatory Academy opened in 2008 and is
lcoated in the High Desert area of San Bernardio County. The
academy offers a classicial education program and currently serves
students in grades TK-6 from a single campus in Hesperia, CA. In
fiscal 2024, the academy reported $10.3 million in operating
revenue and enrolled a total of 537 students.
METHODOLOGY
The principal methodology used in these ratings was US Charter
Schools published in April 2024.
LVF HOLDINGS: Moody's Withdraws 'B3' Corporate Family Rating
------------------------------------------------------------
Moody's Ratings has withdrawn all credit ratings of LVF Holdings
Inc. including the B3 Corporate Family Rating and B3-PD Probability
of Default Rating. Moody's have also withdrawn the B2 ratings on
the senior secured bank credit facility consisting of a senior
secured first lien revolving credit facility expiring in 2030 and a
senior secured first lien term loan due in 2032. Moody's have also
withdrawn the Caa2 rating on the senior secured second lien term
loan due in 2033.
Prior to the withdrawal, the rating outlook was stable.
RATINGS RATIONALE
Moody's have decided to withdraw the rating(s) following a review
of the issuer's request to withdraw its rating(s).
COMPANY PROFILE
Based in Ohio, Lakeview Farms is a US refrigerated foods
manufacturer of desserts, yogurt, salsa, dips, and hummus. Its
portfolio spans both branded and private label products. Lakeview
primarily serves the retail channel, with leading brands such as
noosa, Fresh Cravings, Senor Rico, Rojos, and Raymundo's, among
others. CapVest acquired Lakeview in 2021, and has since grown the
business largely through strategic acquisitions. Including
acquisitions completed to date, pro forma sales for the fiscal year
ended December 31, 2024 are estimated to be approximately $740
million.
M & M BUCKLEY: Court Extends Cash Collateral Access to July 3
-------------------------------------------------------------
M & M Buckley Management Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
cash collateral.
The sixth interim order signed by Judge Janet Baer approved the use
of cash collateral through July 3 to pay the expenses set forth in
the company's budget, with a 10% variance allowed.
The budget projects total operational expenses of $16,815.27 for
June.
Community Loan Servicing, LLC was granted post-petition replacement
liens on the cash collateral and post-petition property of M & M to
the same extent and with the same priority as its pre-bankruptcy
lien.
As additional protection, Community Loan Servicing will receive
payment of $12,500.
M & M was ordered to maintain insurance on its real property,
listing Community Loan Servicing as the lien holder.
The final hearing is scheduled for July 2.
About M & M Buckley Management Inc.
M & M Buckley Management, Inc. is a professional property
management company based in Richton Park, IL. It specializes in
managing residential and commercial properties.
M & M sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-19108) on December
23, 2024, with $1 million to $10 million in both assets and
liabilities. Melvin T. Buckely, Jr., president of M & M, signed the
petition.
Judge Janet S. Baer handles the case.
The Debtor is represented by Gregory K. Stern, Esq., at Gregory K.
Stern, P.C.
Secured creditor Community Loan Servicing is represented by:
Jill Sidorowicz, Esq.
Noonan & Lieberman, Ltd.
33 N. LaSalle Street, Suite 1150
Chicago, IL 60602
Phone: (312) 605-3500
MARKUS CORP: Court Extends Cash Collateral Access to June 30
------------------------------------------------------------
Markus Corp received interim approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to use cash collateral
until June 30, marking the fourth extension since the company's
Chapter 11 filing.
The company needs to use its lenders' cash collateral to pay the
expenses set forth in its budget, which shows total operational
expenses of $24,875 for the interim period.
Markus owes $426,224.08 and $264,476.06 to the U.S. Small Business
Administration and Village Bank & Trust, N.A., respectively. These
creditors have perfected liens on the company's assets, including
cash, bank deposits and accounts receivable, which constitute cash
collateral.
As protection, both lenders were granted a replacement lien on
substantially all of the company's assets to the same extent and
with the same validity as their pre-bankruptcy liens.
The lenders will also be granted an administrative expense claim as
additional protection.
The next hearing is scheduled for June 25.
About Markus Corporation
Markus Corp is an owner and operator of three semi-trucks and hauls
cargo for its client.
Markus filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
25-03310) on March 4, 2025, listing up to $100,000 in assets and up
to $1 million in liabilities. Markus President Marek Kusmierczyk
signed the petition.
Judge Timothy A. Barnes oversees the case.
Arthur Corbin, Esq., at Corbin Law Firm, LLC, represents the Debtor
as bankruptcy counsel.
Secured lender Village Bank & Trust, N.A. is represented by:
Jeffrey S. Burns, Esq.
Markoff Leinberger, LLC
200 S. Wacker Drive, FL 31
Chicago, IL 60606
Tel: (312) 589-7600
jeff@markleinlaw.com
MASS POWER: Gets Interim OK to Use Cash Collateral Until June 18
----------------------------------------------------------------
Mass Power Solutions, LLC got the green light from the U.S.
Bankruptcy Court for the District of Massachusetts to use cash
collateral.
The court's order authorized the company's interim use of cash
collateral until June 18 to pay business expenses in accordance
with its budget.
The budget projects total operational expenses of $11,964 for
June.
Fox Funding, LLC and Elevations Capital, LLC hold liens against the
company's future receivables.
To protect their interests, the secured creditors will be granted
replacement liens on post-petition assets of the company in case of
any decrease in the value of their pre-bankruptcy collateral.
The next hearing is scheduled for June 18.
About Mass Power Solutions LLC
Mass Power Solutions, LLC is an electrical contracting company
specializing in renewable energy solutions, including solar project
design, installation, and management, serving both residential and
commercial clients.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-40234) on March 5,
2025. In the petition signed by Ryan Lane, manager, the Debtor
disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Judge Elizabeth D. Katz oversees the case.
John O. Desmond, Esq., represents the Debtor as legal counsel.
MATTHEWS INT'L: Moody's Affirms 'B1' CFR, Outlook Stable
--------------------------------------------------------
Moody's Ratings affirmed Matthews International Corporation's
(Matthews) B1 corporate family rating and B1-PD probability of
default rating. At the same time, Moody's affirmed the B3 rating on
the $300 million senior secured second lien notes due 2027. Moody's
also changed Matthews' speculative grade liquidity (SGL) rating
from SGL-2 to SGL-3. The outlook remains stable. Matthews is a
designer, manufacturer and marketer of memorialization products and
industrial automation solutions.
The rating actions reflect Moody's expectations that Matthews' will
continue to reduce financial leverage and generate modest, but
positive, free cash flow. Moody's considers the majority stake sale
of the SGK Brand segment, which specializes in branding and
packaging, as credit positive. The transaction simplifies Matthews'
business structure, enabling a focus on the stable, higher-margin
Memorialization segment and the expected recovery in its Industrial
segment, driven by unique energy storage solutions. Additionally,
the sale decreases Matthews' exposure to European currency
fluctuations and economic uncertainty. Moreover, Matthews will use
proceeds from the SGK stake sale to repay the outstanding revolver.
The company will retain a 40% minority ownership stake. Despite the
reduced business diversification from the divestiture, Moody's
anticipates the company will improve its financial leverage toward
4x and its EBITDA margin above 10% over the next 12 to 18 months.
RATINGS RATIONALE
Matthews' B1 CFR is constrained by recent declines in revenue and
profitability, mainly in its Industrial Technologies Segment, and
high financial leverage. Moody's expects debt-to-EBITDA to improve
from 5.8x to 4.5x as the company uses proceeds from the SGK
sell-off to repay its outstanding revolver over the next 12 to 18
months. In 2025, Moody's also anticipates reduced sales in the
Memorialization and Industrial Technologies segments, as price
increases will not fully counteract declining demand. However,
following a recent arbitration win against Tesla, Inc.'s (Baa3
stable), Matthews can sell its unique dry battery electrode (DBE)
technology to customers beyond Tesla, with expected growth in the
energy storage business in 2026. Delivery delays, due to Tesla
installation readiness, along with high costs related to the SGK
transaction, have pressured Matthews' working capital and cash
flow, resulting in a cash flow deficit for the twelve months ended
March 31, 2025, which weakens the company's liquidity profile.
All financial metrics cited reflect Moody's standard adjustments.
Matthews' credit profile is supported by its leading position in
the memorialization segment, where demand for caskets and funeral
products remains stable despite declining unit volumes. This
segment accounted for 47% of revenue - or 68% pro forma for the SGK
sell-off - for the 12-month period ended March 31, 2025, delivering
high margins and predictable cash flow that support growth. The
company is also well-positioned to benefit from the industry's
gradual shift from traditional burials to cremation. Additionally,
the potential long-term growth in the Industrial Technologies
segment, particularly in energy storage solutions, is a credit
positive amid rising demand for electric vehicle and renewable
energy systems.
The B3 rating on the $300 million senior secured second-lien notes
due 2027 is two notches below the B1 CFR, reflecting its junior
position in the capital structure in relation to the company's
first-lien secured debt, which includes a $750 million revolving
credit facility (unrated) due 2029.
Matthews' SGL-3 rating reflects Moody's expectations that the
company will maintain an adequate liquidity profile over the next
12 to 15 months. Liquidity is supported by $40 million of cash on
hand as of March 31, 2025, and approximately $250 million of
available capacity under its $750 million revolving credit facility
due 2029 (unrated), which is expected to increase to around $400
million after the SGK transaction. Additionally, Moody's expects
free cash flow/debt to be in the low single-digit percentage range
in 2025 and 2026. As of March 31, 2025, the company had a cash flow
deficit, with a negative free cash flow/debt of 3.5%, which Moody's
expects will improve. The company has a significant amount of
working capital tied up in the energy storage business, which could
be released as more equipment is delivered by the end of fiscal
2025, thus improving the company's operating cash flow. The
company's revolving credit facility is primarily employed for
seasonal working capital needs and discretionary purposes. Under
the terms of the revolving credit facility, Matthews is required to
maintain a net leverage ratio (as defined in the agreement) of less
than or equal to 4.5x and an interest coverage ratio of greater
than or equal to 3.0x. Upon a permitted acquisition, Matthews may
elect a temporary leverage increase on a one-time basis, subject to
a net leverage ratio of up to 5.0x and a secured net leverage of up
to 4.0x for the subsequent four quarters. Moody's expects the
company to be in and maintain compliance with all covenants.
Matthews' senior secured second lien notes mature in October 2027,
before the revolving credit facility expires. Consequently, due to
a springing feature, the maturity of the revolving credit facility
will effectively advance to 90 days prior to the notes' due date.
In addition, Matthews, through Matthews Receivables Funding
Corporation, LLC (Matthews RFC), regularly sells its trade
receivables up to $125 million to a financial institution for an
equivalent cash amount under a Receivables Purchase Agreement
(RPA), set to expire in March 2026. As of March 31, 2025, there was
approximately $25.9 million available under this agreement.
Furthermore, Matthews, through its U.K. subsidiary, utilizes
non-recourse receivable factoring arrangements with third-party
financial institutions to assist in managing working capital. As of
March 31, 2025, there was approximately $16 million available
through these arrangements.
The stable outlook reflects Moody's expectations of revenue
recovery in fiscal 2026, alongside limited free cash flow
generation over the next 12 to 15 months. Moody's anticipates that
debt/EBITDA will decrease to around 4.0x, with free cash flow/debt
in the low single-digit percentage range. Moody's forecasts EBITDA
margin of around 14% (pro forma for the SGK sell-off) and an
interest coverage ratio, calculated as EBITA/interest expense, of
at least 2x over the same period.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Matthews demonstrates sustained
revenue growth and profit margin expansion, while maintaining
debt/EBITDA below 4.5x. A ratings upgrade would also require good
liquidity and free cash flow/debt approaching the high single-digit
range or higher.
The ratings could be downgraded if Matthews experiences a
significant contraction in revenue or profitability, if free cash
flow generation does not improve beyond break-even levels, or if
liquidity deteriorates. Additionally, the ratings could be
downgraded if the company adopts more aggressive financial policies
that result in a debt/EBITDA ratio sustained above 5.5x.
The principal methodology used in these ratings was Manufacturing
published in September 2021.
Matthews (NASDAQ: MATW), headquartered in Pittsburgh, PA,
manufacturer, and marketer of memorialization products, and
industrial automation solutions. In May 2025, the company closed on
it divestiture of SGK Brand Solutions. Moody's expects Matthews to
generate revenue of around $1.2 billion in fiscal 2025.
MEDLIN EXPEDITED: Claims to be Paid from Ongoing Operations
-----------------------------------------------------------
Medlin Expedited + Leasing, LLC filed with the U.S. Bankruptcy
Court for the Eastern District of Tennessee a Plan of
Reorganization.
The Debtor is a Tennessee Limited Liability Company. Susan Medlin
is the Chief Manager and runs the day-to-day operations of the
Debtor. The Debtor is in the freight hauling business.
All of the Debtor's are financed with 3 entities: Daimler, BMO and
Ally. The truck financed with Ally will be surrendered and one of
the 3 trucks financed with BMO will be surrendered. All of the
truck (6) financed with Daimler will be retained, as will 2 of the
3 trucks financed with BMO. All retained trucks will be paid in
full under the plan, but the interest rate and payment schedule
will be modified.
Based upon revenue generated from the first two weeks of May, 2025,
the Debtor believes it will have sufficient income to fund this
plan. In addition to revenue increase, the Debtor should have
savings of approximately $1,500 per month with Load 1 paying for
tolls and Pre-Pass charges.
The final Plan payment is expected to be paid on March 31, 2031.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from business operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at less than 5 cents on the dollar. This Plan also provides for the
payment of administrative and priority claims, but the only
priority claims is a small tax debt owed to the State of Tennessee
in the amount of $342.77, which will be paid in full upon
confirmation.
Class 3 consists of Non-priority unsecured creditors. All unsecured
creditors will be paid on a pro-rata basis for 5 years once yearly
with the first such payment to be made on March 31, 2026.
The allowed unsecured claims total $758,688.24.
The Debtor's owner, Susan Medlin, will not receive anything for her
loans to the Debtor unless all other unsecured creditors are paid
in full, but will retain her ownership.
The plan will be funded by the ongoing business operations of the
Debtor. The Debtor believes that its cash flow ill enable it to
fund the payments required by the plan.
Counsel to the Debtor:
Thomas H. Dickenson, Esq.
Hodges, Doughty & Carson, PLLC
P.O. Box 869
Knoxville, TN 37901
Tel: (865) 292-2243
About Medlin Expedited + Leasing
Medlin Expedited + Leasing, LLC operates in the general freight
trucking industry.
Medlin Expedited + Leasing sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Tenn. Case No.
24-32009) on November 14, 2024, with total assets of $895,225 and
total liabilities of $1,607,849. Susan Medlin, chief manager,
signed the petition.
Judge Suzanne H. Bauknight handles the case.
The Debtor is represented by Thomas H. Dickenson, Esq., at Hodges,
Doughty & Carson, PLLC.
MID-KANSAS REAL: To Sell Mosley Property to Professional Home
-------------------------------------------------------------
Mid-Kansas Real Estate Holdings, LC seeks permission from the U.S.
Bankruptcy Court for the District of Kansas, to sell Property, free
and clear of liens, interest, and encumbrances.
The Debtor owned 9 separate pieces of real estate in and around the
Wichita area. The Debtor generates income by leasing all or
portions of that real estate to both residential and commercial
tenants in exchange for monthly payments of rent.
One of the pieces of real estate owned by the Debtor was legally
described as follows: Lot 5, Block 5, Orchard Park Lake Estates
Addition, Wichita, Sedgwick County, Kansas; and and commonly
referred to as 5345 S. Mosley Street, Wichita, Kansas 6721 (Mosley
Property).
The Mosley Property is single-family home that MKREH leased to
residential tenants.
The Debtor intends to sell all its right, title, and interest, free
and clear of liens, encumbrances, and other claimed interests in
the Mosley Property to Professional Home Management, LLC or its
designee.
The Debtor proposes to sell and Buyer agree to purchase the Mosley
Property which includes the real property, the improvements
thereon, and all mechanical, electrical heating, ventilating,
air-conditioning systems, equipment, lighting, plumbing equipment,
and fixtures with the purchase price of $125,000.00.
All property taxes due on the Mosley Property through closing shall
be prorated for the calendar year on the basis of taxes levied or
for the prior year, special Assessments will be paid out of the
Debtor's proceeds, and the closing costs will be split evenly.
The Buyer is not purchasing all the assets of the Debtor's
bankruptcy estate.
The Mosley Property is currently leased and the Buyer is purchasing
any lease. Debtor assumed all lease contracts it maintained with
tenants upon the confirmation of its plan.
The Mosley Property will be sold to Buyer for cash or cash
equivalent. The Mosley Property will be sold in
its present condition with no express or implied warranties and
Buyers will accept the Mosley Property in its present condition, as
is.
About Mid-Kansas Real Estate Holdings, LC
Mid-Kansas Real Estate Holdings, LC is a lessor of real estate in
Wichita, Kansas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 23-10709) on July 19,
2023, with $1 million to $10 million in both assets and
liabilities. Rickey E. Hodge Jr., manager, signed the petition.
Judge Mitchell L. Herren oversees the case.
Nicholas R. Grillot, Esq., at Hinkle Law Firm LLC, represents the
Debtor as bankruptcy counsel.
MONARCHY RANCHEROS: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Monarchy Rancheros de Santa Fe, LLC
c/o Daniel Galvan
736 Old Las Vegas Hwy
Santa Fe, NM 87505
Business Description: Monarchy Rancheros de Santa Fe, LLC owns and
operates Rancheros de Santa Fe RV Park and
Resort, an RV park and lodging facility near
Santa Fe, New Mexico. The property features
full hookups, short- and long-term rentals,
and amenities including a seasonal pool,
hiking trails, and a renovated retail store.
Located 11 miles from downtown Santa Fe, it
offers guests access to the city's cultural
attractions in a quiet desert setting.
Chapter 11 Petition Date: June 5, 2025
Court: United States Bankruptcy Court
District of New Mexico
Case No.: 25-10691
Judge: Hon. Robert H. Jacobvitz
Debtor's Counsel: Marcus Sedillo, Esq.
GATTON & ASSOCIATES, P.C.
10400 Academy NE Suite 350
Albuquerque NM 87111
Email: marcus@gattonlaw.com
Total Assets: $5,032,566
Total Liabilities: $3,440,000
Daniel Galvan signed the petition as authorized member.
The debtor submitted a document purporting to list its 20 largest
unsecured creditors, but it was left blank.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2Q2PXOQ/Monarchy_Rancheros_de_Santa_Fe__nmbke-25-10691__0001.0.pdf?mcid=tGE4TAMA
MONTE K. WEEDEN: MK Weeden, et al Can Amend Judgment in EMC Case
----------------------------------------------------------------
Judge Susan P. Watters of the United States District Court for the
District of Montana granted the defendants' motion to amend
judgment in the case captioned as EMPLOYERS MUTUAL CASUALTY
COMPANY, an Iowa corporation Plaintiff, v. MK WEEDEN CONSTRUCTION,
INC., a Montana corporation; MK EQUIPMENT CO., LLC, a Montana
limited liability company; WEEDEN CONSTRUCTION, LLC, a Montana
limited liability company; MONTE K. WEEDEN, individually, and JULIE
A. WEEDEN, individually Defendants, Case No. 24-cv-00112-SPW (D.
Mont.).
After the Court issued judgment on April 17, 2025, Defendants MK
Weeden Construction, Inc., MK Equipment Co., LLC, Weeden
Construction, LLC, and Julie A. Weeden timely filed a Motion to
Amend Judgment pursuant to Federal Rule of Civil Procedure 59(e).
Plaintiff Employers Mutual Casualty Company opposes the motion.
Plaintiff has agreed to settle with all Defendants except Monte K.
Weeden, individually. Therefore, this Order addresses Judgment as
to all Defendants, except Mr. Weeden. The instant case is stayed as
to Mr. Weeden while his bankruptcy proceedings are pending.
On April 5, 2025, the Court entered an Order and Judgment after the
parties filed a Stipulated Motion for Confession of Judgment. In
the Order and Judgment, the Court granted attorneys' fees and costs
to EMC and required EMC to verify the amount by filing an Unopposed
Motion for Attorneys' Fees and Costs. The Court directed entry of
final judgment as to all claims against Defendants except for Monte
Weeden.
Ultimately, the Court granted the Fees Motion and awarded
attorneys' fees in the amount of $144,968.50 to EMC. Now, the
parties dispute the fees.
Specifically, the Defendants object to $1,991 in fees, which
Defendants allege EMC incurred during Monte Weeden's bankruptcy
proceedings. The Defendants further allege that EMC misrepresented
the Fees Motion as "unopposed" when it was not. The Defendants
state that EMC knew that they were not prepared to consent because
its counsel did not have the time and billing records documenting
the requested attorneys' fees and costs. Thus, Defendants seek to
amend the judgment and reduce attorneys' fees by $1,991. The
Defendants further seek an award of $1,350 for bringing the instant
motion due to EMC's factual misrepresentation to the Court.
EMC disagrees that it "misstyled" the Fees Motion as "unopposed"
because it made the filing pursuant to the parties' Settlement
Agreement and as a courtesy, provided an accurate representation of
the status of conferral between the parties. As to the Defendants'
$1,991 objection, EMC argues it is entitled to those fees pursuant
to the parties' written indemnity agreement, the Settlement
Agreement, and relevant caselaw.
As a threshold matter, the Court finds that EMC did not accurately
represent the parties' stipulation to the Fees Motion when it
titled the Motion "unopposed." Consequently, the final judgment was
based on a manifest error of fact. Further, the misrepresentation
is exacerbated by the fact that EMC's counsel failed to provide
Defendants' counsel with detailed billing descriptions prior to
filing.
Consequently, the Court is compelled to reconsider the attorneys'
fees award due to Defendants' representations that (1) they opposed
the Fees Motion at the time of filing and (2) they did not receive
EMC's billing descriptions before EMC filed the Fees Motion.
Adversary Proceeding
On Nov. 17, 2020, the Defendants, including Mr. Weeden, entered
into a General Application and Agreement of Indemnity with EMC for
surety bonds. On Aug. 22, 2024, EMC filed a Complaint alleging
multiple counts including breach of contract and indemnification
under the GAI. Eventually, EMC agreed to settle with Defendants
while Mr. Weeden, individually, filed for bankruptcy under Chapter
11 of the United States Bankruptcy Code.
On Dec. 23, 2024, EMC brought an Adversary Proceeding in bankruptcy
court against Mr. Weeden, objecting to his debt discharge owed to
EMC. When EMC sought to recover attorneys'
fees from Defendants in this case, EMC included fees incurred from
the Adversary Proceeding against Mr. Weeden.
The Court agrees with the parties that EMC may seek to recover
attorneys' fees under the GAI even though they were incurred during
the Adversary Proceeding. However, the Court must
determine when EMC may seek to recover the attorneys' fees incurred
in the Adversary Proceeding.
The Court agrees with Defendants that attorneys' fees as to the
unsettled Adversary Claim may not be awarded until either EMC or
Mr. Weeden prevails on the claims.
Furthermore, the Court agrees with Defendants that EMC may only
recover "reasonable attorney's fees" pursuant to the GAI and
Montana law.
Therefore, in the interest of awarding reasonable attorneys' fees
to EMC in the instant case against Defendants, EMC may not seek
fees incurred from litigating the Adversary Proceeding. EMC may
eventually choose to seek those fees against Mr. Weeden pursuant to
the GAI, but only if it prevails.
The Defendants request that the Court award them attorney's fees
incurred in bringing the Motion to Amend Judgment. Defendants seek
$1350. The Defendants cite no legal grounds warranting this award
and thus, the Court will not award the fees sought.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=kw9p0o from PacerMonitor.com.
Monte Karl Weeden filed for Chapter 11 bankruptcy protection
(Bankr. D. Mont. Case No. 24-40058) on September 17, 2024, listing
under $1 million in both assets and liabilities. The Debtor is
represented represented by Gary Deschenes, Esq.
MURPHDOG LLC: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: MurphDog LLC
d/b/a Ironmonger Brewing Company
d/b/a Naughty Soda
d/b/a Ironmonger Brewing & Distilling
d/b/a Ironmonger Taproom + Axe Throwing
2111 Bishop Pointe
Marietta, GA 30062
Business Description: MurphDog LLC operates in Marietta, Georgia,
under various trade names including
Ironmonger Brewing Company, Naughty Soda,
Ironmonger Brewing & Distilling, and
Ironmonger Taproom + Axe Throwing. The
Company is engaged in the beverage and
entertainment industry, offering craft
brewing, soda production, and recreational
services.
Chapter 11 Petition Date: June 5, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-56326
Debtor's Counsel: Michael D Robl, Esq.
ROBL & BOWEN LLC
3754 LaVista Road
Suite 250
Tucker, GA 30084
Tel: 404-373-5153
Fax: 404-537-1761
Email: michael@roblgroup.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Doug Bippert as CEO.
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/XMZHODQ/MurphDog_LLC__ganbke-25-56326__0001.0.pdf?mcid=tGE4TAMA
NEW LOOK: T. Rowe Marks $1 Million 1L Loan at 32% Off
-----------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$1,052,000 loan extended to New Look Vision Group, Inc. to market
at $718,000 or 68% of the outstanding amount, according to T.
Rowe's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to New Look Vision
Group, Inc. The loan accrues interest at a rate of 8.48% per annum.
The loan matures on May 26, 2028.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About New Look Vision Group, Inc.
New Look Vision Group Inc. is a Montreal-based, Canadian public
company with its shares listed on the Toronto Stock Exchange. It is
a leading provider of eye care products and services in Eastern
Canada.
NEW LOOK: T. Rowe Marks $1.1 Million 1L Loan at 82% Off
-------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$1,125,000 loan extended to New Look Vision Group, Inc. to market
at $207,000 or 18% of the outstanding amount, according to T.
Rowe's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to New Look Vision
Group, Inc. The loan accrues interest at a rate of 8.5% per annum.
The loan matures on May 26, 2026.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About New Look Vision Group, Inc.
New Look Vision Group Inc. is a Montreal-based, Canadian public
company with its shares listed on the Toronto Stock Exchange. It is
a leading provider of eye care products and services in Eastern
Canada.
NEW LOOK: T. Rowe Marks $548,000 1L Loan at 32% Off
---------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$548,000 loan extended to New Look Vision Group, Inc. to market at
$374,000 or 68% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to New Look Vision
Group, Inc. The loan accrues interest at a rate of 8.48% per annum.
The loan matures on May 26, 2028.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About New Look Vision Group, Inc.
New Look Vision Group Inc. is a Montreal-based, Canadian public
company with its shares listed on the Toronto Stock Exchange. It is
a leading provider of eye care products and services in Eastern
Canada.
NEW LOOK: T. Rowe Marks $8.2 Million 1L Loan at 32% Off
-------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$8,222,000 loan extended to New Look Vision Group, Inc. to market
at $5,629,000 or 68% of the outstanding amount, according to T.
Rowe's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to New Look Vision
Group, Inc. The loan accrues interest at a rate of 8.98% per annum.
The loan matures on May 26, 2028.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About New Look Vision Group, Inc.
New Look Vision Group Inc. is a Montreal-based, Canadian public
company with its shares listed on the Toronto Stock Exchange. It is
a leading provider of eye care products and services in Eastern
Canada.
NO RUST REBAR: Trustee Can Recover $1.21MM Postpetition Transfer
----------------------------------------------------------------
Judge Peter D. Russin of the United States Bankruptcy Court for the
Southern District of Florida granted the summary judgment filed by
Sonya Salkin Slott, Chapter 7 trustee for No Rust Rebar, Inc., in
the adversary proceeding captioned as Sonya Salkin Slott, Chapter 7
Trustee, Plaintiff, v. Don Smith, Defendant, Adv. Proc. No.
23-01082-PDR (Bankr. S.D. Fla.). The defendant's cross-motion for
summary judgment is denied.
No Rust was a Florida corporation formed in 2015. Its business
centered on commercializing a proprietary process for manufacturing
rebar from basalt fiber which was purportedly developed by its
principal, Don Smith. Smith operated No Rust alongside several
other of his closely held entities, including Raw Materials Corp.,
Raw Energy Materials, Inc., Global Energy Sciences, LLC, and Raw,
LLC. These entities, together with No Rust, were referred to
collectively by Smith as "the Family" and shared physical space,
staff, and financial resources.
On March 5, 2021, No Rust filed a voluntary petition for relief
under Subchapter V of Chapter 11 of the Bankruptcy Code. No Rust's
petition identified RAW as No Rust's d/b/a or fictitious name. The
bankruptcy was prompted by protracted litigation involving a
"property dispute" between No Rust and Green Tech Development, LLC
over the real property used by No Rust. From the outset, No Rust's
schedules reflected substantial irregularities, failed to disclose
receivables due from RMC, failed to identify d/b/a accounts, and
failed to accurately report inventory.
Following a contested evidentiary hearing, the Court converted the
case to Chapter 7, citing gross mismanagement, incomplete and
inaccurate schedules, and improper diversion of estate value. The
Chapter 7 Trustee subsequently moved for, and obtained, substantive
consolidation of four affiliated entities that operated under
Smith's common control and were deeply entangled with No Rust in
both form and substance.
The evidence developed during the conversion proceedings revealed
that Smith routinely used the Family entities interchangeably,
transferring funds among them without documentation, placing "No
Rust Rebar, Inc." as a d/b/a on RMC's accounts while also, as
stated, including RAW as a d/b/a of No Rust, and commingling
ownership and assets. As an example, on April 14, 2021, while the
bankruptcy case was pending, RAW entered into a litigation
settlement agreement whereby it sold its 10 million PayMeOn shares
to Basanite, Inc. for $1,212,121.00. RAW had no bank account, so
the proceeds were wired directly to Smith, personally. The Transfer
was never disclosed to the Court, and no Court approval was sought
or obtained.
The Trustee filed this adversary proceeding under 11 U.S.C. Secs.
549 and 550 to recover the unauthorized transfer. The issues now
before the Court lie at the intersection of postpetition transfers,
insider control, and the legal consequences of substantive
consolidation.
Smith does not dispute that the Transfer occurred but challenges
whether the Transfer constituted property of the estate under 11
U.S.C. Sec. 541 such that the Trustee may utilize 11 U.S.C. Sec.
549.
The Trustee has demonstrated, and Defendant has failed to rebut,
that:
(i) the $1,212,121 transfer was a transfer of property of the
estate;
(ii) the Transfer occurred postpetition;
(iii) the Transfer was not authorized under the Bankruptcy Code or
by Court order; and
(iv) the Defendant was the initial transferee, and even assuming
arguendo that he were a subsequent transferee, he does not qualify
for the good-faith defense under Sec. 550(b).
According to the Court, the assets of RAW, including the PayMeOn
shares and the $1,212,121.00 proceeds from their postpetition sale,
were substantively consolidated with the Debtor's, as of the No
Rust Petition Date, and were therefore property of the bankruptcy
estate under 11 U.S.C. Sec. 541 as a matter of law.
The Court finds the record demonstrates without genuine dispute
that Smith, as principal and direct beneficiary, caused the
Transfer and received funds that belonged to the bankruptcy estate
without prior court approval. The Bankruptcy Code does not permit
such postpetition transfers to stand. Accordingly, no genuine
dispute of material fact remains, and the Trustee has met her
burden under Fed. R. Civ. P. 56, made applicable by Fed. R. Bankr.
P. 7056 and is entitled to judgment as a matter of law under 11
U.S.C. Secs. 549 and 550.
The Court orders as follows:
1. The postpetition transfer of $1,212,121.00 to Don Smith is
avoided pursuant to 11 U.S.C. Sec. 549.
2. The Trustee is authorized to recover $1,212,121.00 from Don
Smith pursuant to 11 U.S.C. Sec. 550(a).
A copy of the Court's decision dated May 19, 2025, is available at
https://urlcurt.com/u?l=mTLf7V from PacerMonitor.com.
About No Rust Rebar
No Rust Rebar is a Pompano Beach, Fla.-based company that
manufactures and sells composite reinforcement for concrete.
No Rust Rebar filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No, 21-12188) on
March 5, 2021. Don Smoth, president, signed the petition. At the
time of the filing, the Debtor disclosed $1,763,496 in assets and
$4,378,630 in liabilities. Judge Peter D. Russin oversees the
case. Kevin Christopher Gleason, Esq., at Florida Bankruptcy
Group, LLC, serves as the Debtor's legal counsel.
The case was converted to Chapter 7 in May 2022. Sonya Salkin Slott
is the Chapter 7 trustee.
NORTHLAND MANAGEMENT: Shareholder Contribution to Fund Plan
-----------------------------------------------------------
Northland Management Corp. filed with the U.S. Bankruptcy Court for
the Southern District of Texas a Plan of Reorganization and
Disclosure Statement dated May 15, 2025.
The Debtor is a Texas for profit corporation incorporated on August
10, 2023. Its principal office is located at 1773 Westborough
Drive, Katy, Texas 77449.
The Debtor is a single asset real estate corporation primarily
owned in equal shares by Daniel L. Ritz, Dr. Jason Rose and Hitesh
Juneja who bought the assets and assumed the liabilities of
Northland Missions, Inc.
UME Investments, Inc. is a disputed secured creditor of Debtor by
virtue of the agreement of assumption of liabilities provided by
the Debtor to Northland Missions Inc. UME's claim of perfected
security interest and lien in real property and personal property
is supported by transactions between SOD Holdings, a North Carolina
Limited Liability Company and UME Investments wherein SOD Holdings
pledged a portion of the real estate originally titled to Northland
Missions Inc. The indebtedness to UME Investments, Inc. will be the
subject of a Wisconsin State Court trespass to title suit the
Debtor will bring upon confirmation of Debtor's Plan of
Reorganization.
The Debtor filed bankruptcy after UME sought to foreclosure on the
Debtor's real property. After much discussion among the members of
the corporation and its counsel, Debtor determined that bankruptcy
was the best course of action for Northland and its creditors.
The Debtor intends to reorganize its finances through a combination
of the following: Debtor's shareholder, Dr. Jason Rose, will,
within nine months of the order of confirmation, fund to the
satisfaction of UME Investments, Inc, the assignment of UME's liens
and claims after the resolution of the trespass to try title to be
filed in the Circuit Court, Branch 1, State of Wisconsin. Debtor
will file its suit within 30 days of the entry of the Order of
Confirmation of Debtor's plan.
Class 4A claims. The Debtor has no unsecured debts. Debtor's Claims
Register does not reflect any claims of this class.
Class 4B is comprised of the equity holders of Northland Management
Corp. Each member shall retain ownership equity interest in the
Debtor that existed prior to the Date of Petition subject to the
satisfaction of the indebtedness of the superior classes of
claimants.
The payments, distributions and other treatment provided in respect
to each allowed claim shall be in complete satisfaction, discharge,
and release of all claims that were filed or could have been filed
by any creditor or party in interest that received notice of these
proceedings.
Under the Plan as proposed, Northland Management Corp. shall remain
in possession of its assets and conduct additional business with
existing creditors.
The Debtor will act as the Distribution Agent under this Plan.
A full-text copy of the Plan of Reorganization and Disclosure
Statement dated May 15, 2025 is available at
https://urlcurt.com/u?l=JHj87I from PacerMonitor.com at no charge.
Northland Management Corp. is represented by:
Larry A. Vick
13501 Katy Freeway, Suite 3474
Houston, TX 77079
Tel: (832) 413-3331
Fax: (832) 202-2821
Email: lv@larryvick.com
About Northland Management Corp.
Northland Management Corp. is a single-asset real estate management
company headquartered in Kary, Texas.
Northland Management Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-30226) on
January 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the case.
Larry A. Vick, Esq., at Law Office Of Larry Vick, is the Debtor's
counsel.
NORTHPOINT DEVELOPMENT: Gets Extension to Access Cash Collateral
----------------------------------------------------------------
Northpoint Development Holdings, LLC received another extension
from the U.S. Bankruptcy Court for the Northern District of
Illinois, Eastern Division, to use cash collateral to pay its
operating expenses.
The ninth interim order authorized the company to use cash
collateral until July 1 as outlined in its projected budget, with a
10% variance. Any further use of cash collateral beyond July 1
requires further court approval.
The budget shows projected total operating expenses of $31,800 for
June.
The First National Bank of Ottawa, a secured creditor, was granted
post-petition replacement liens on the company's collateral,
including cash collateral, to protect its interest.
The next hearing is set for June 16.
About Northpoint Development Holdings
Northpoint Development Holdings, LLC is a single asset real estate
debtor (as defined in 11 U.S.C. Section 101(51B)). It is the fee
simple owner of real property located at 1800 North Bloomington
St., Streator, Ill., valued at $6.8 million.
Northpoint filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
24-13265) on September 9, 2024, with total assets of $6,800,000 and
total liabilities of $5,176,241. Keith Weinstein, manager of
Greystone Develpment Holdings, LLC, signed the petition.
Judge Deborah L. Thorne oversees the case.
Gregory K. Stern, Esq., at Gregory K. Stern, P.C. is the Debtor's
legal counsel.
First National Bank of Ottawa is represented by:
Cindy M. Johnson, Esq.
Johnson Legal Group, LLC
140 S. Dearborn St., Ste. 1510
Chicago, IL 60603
Tel: 312-345-1306
Email: Cjohnson@jnlegal.net
NORTHSTARR BUILDERS: Unsecureds to Split $100K over 48 Months
-------------------------------------------------------------
Northstarr Builders, LLC, submitted a Second Amended Plan of
Reorganization dated May 15, 2025.
The Debtor's financial projections show that the Debtor will have
projected disposable income in an amount sufficient to meet the
requirements of this Plan.
The Class 2 secured claim of Ford Motor Credit in the amount of
$25,000 shall be paid $538 per month at 9.5% with the first payment
due 90 days from confirmation. The balance of its claim shall be
treated as a general unsecured claim. FMCC shall retain its lien.
The Class 6 secured claim of Santander in the amount of $5399 shall
bear interest at 10.5% and be paid over a 60-month period in
monthly installments of $141 with the first payment due 90 days
from confirmation. This Class is impaired. This creditor shall
retain its liens.
The Class 7 secured claim of Hyundai Capital American in the amount
of $17,500 shall be paid $377 per month over a five-year period at
10.5% interest with the first payment due 90 days from
confirmation. This creditor shall retain its liens.
Class 8 consists of Allowed Unsecured Creditors. This Class is
impaired. General unsecured claims total $1,062,113. Unsecured
creditors shall share in sum total of $100,000 over the life of the
plan. These funds shall be paid monthly with the first of 48
monthly payments of $2084 due 12 months from confirmation with each
creditor paid on a prorate basis.
A full-text copy of the Second Amended Plan dated May 15, 2025 is
available at https://urlcurt.com/u?l=ubfkRG from PacerMonitor.com
at no charge.
About Northstarr Builders
Northstarr Builders, LLC, sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No. 24-32419) on Dec.
23, 2024, with up to $100,000 in assets and up to $1 million in
liabilities. Marty Johnson, company owner, signed the petition.
Judge Joel D. Applebaum is the Debtor's legal counsel.
The Debtor is represented by:
George E. Jacobs, Esq.
Bankruptcy Law Office
2425 S. Linden Rd., Suite C
Flint, MI 48532
Tel: 810-720-4333
Email: george@bklawoffice.com
OAKLAND VILLAGE: Gets Court OK to Use Cash Collateral Until June 18
-------------------------------------------------------------------
Oakland Village Associates FL, LLC got the green light from the
U.S. Bankruptcy Court for the Middle District of Florida, Orlando,
Division, to use cash collateral.
The court's order authorized the company's interim use of cash
collateral until June 18 for post-petition payroll, Subchapter V
trustee payments, and operational expenses set forth in its
budget.
Secured creditors including Wilmington Trust, Pjeter Lulaj, and
Javier DelHoyo will be granted replacement liens on post-petition
cash collateral, to the same extent and with the same validity and
priority as their pre-bankruptcy liens.
As additional protection to secured creditors, Oakland was ordered
to keep its property insured.
The next hearing is scheduled for June 18.
About Oakland Village Associates FL LLC
Oakland Village Associates FL LLC is a real estate company based in
Orlando, Florida.
Oakland Village Associates FL LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02805) on
May 5, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Lori V. Vaughan handles the case.
The Debtors are represented by Justin M. Luna, Esq., at Latham Luna
Eden & Beaudine, LLP.
Wilmington Trust, N.A., as lender, is represented by:
Ryan C. Reinert, Esq.
Bridget M. Dennis, Esq.
Shutts & Bowen, LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, FL 33607
Telephone: (813) 229-8900
Email: bdennis@shutts.com
rreinert@shutts.com
OPEN ARMS: Hires Allen Stovall Neuman & Ashton LLP as Counsel
-------------------------------------------------------------
Open Arms Health Systems LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Ohio to employ Allen
Stovall Neuman & Ashton LLP as substitute counsel.
The firm's services include:
a. advising the Debtor with respect to its rights, powers, and
duties as debtor in possession and as under any confirmed plan in
this Case;
b. advising and assisting the Debtor in preparing all
necessary applications, motions, answers, orders, reports,
schedules and other legal documents required in connection with the
continuing administration of this Case;
c. attending meetings and negotiating with representatives of
creditors and other parties in interest;
d. taking all necessary actions to continue to protect and
preserve the Debtor's bankruptcy estate, including, without
limitation, prosecuting any actions on the Debtor's behalf and
defending any actions commenced against the Debtor;
e. advising the Debtor concerning, and assisting in the
negotiation and documentation of, the refinancing or sale of
assets, debt and lease restructuring, executory contract and
unexpired lease assumptions or rejections, and related
transactions;
f. assisting the Debtor in formulating, negotiating, and
obtaining confirmation of a plan of reorganization and preparing
other related documents;
g. counseling and representing the Debtor regarding actions it
might take to collect and recover property for the benefit of its
estate; and
h. performing other legal services for and on behalf of the
Debtor as may be necessary or appropriate.
The firm will be paid at these rates:
Thomas R. Allen, Partner $525 per hour
Richard K. Stovall, Partner $490 per hour
Jim Coutinho, Partner $410 per hour
David Whittaker, Of Counsel $400 per hour
Andrew D. Rebholz, Associate $275 per hour
Other Attorneys Various Up to $275 per hour
Lindsey Corl (Legal Assistant) $100 per hour
Hannah Kittle (Legal Assistant) $185 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Richard K. Stovall, Esq., a partner at Allen Stovall Neuman &
Ashton 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:
Richard K. Stovall, Esq.
Allen Stovall Neuman & Ashton LLP
10 West Broad Street, Suite 2400
Columbus, OH 43215
Tel: (614) 221-8500
Fax: (614) 221-5988
Email: stovall@asnalaw.com
About Open Arms Health Systems
Open Arms Health Systems, LLC -- https://www.oaohio.com -- is a
health care business (as defined in 11 U.S.C. Sec. 101(27A)).
Open Arms Health Systems sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Ohio. Case No.
24-54305) on October 25, 2024, with $500,000 to $1 million in
assets and $1 million to $10 million in liabilities. Christopher W.
Allison, a member of Open Arms Health Systems, signed the
petition.
Judge Mina Nami Khorrami oversees the case.
The Debtor is represented by:
David M. Whittaker, Esq.
Isaac Wiles
Tel: (614) 340-7431
Email: dwhittaker@isaacwiles.com
OPEN THROTTLE: To Sell Liquor License to SORRYCHARLIESCORNER
------------------------------------------------------------
Open Throttle Inc. seeks approval from the U.S. Bankruptcy Court
for the Middle District of Florida, Orlando Division, to sell
liquor license, free and clear of liens, interests and
encumbrances.
The Debtor seeks to sell 4 COP liquor license BEV7403477 and wants
to sell it to SORRYCHARLIESCORNER LLC for $385,000.00.
Liquor Loan Management Inc. assisted the Debtor in identifying the
Buyer and negotiating the Purchase Agreement on behalf of the
Debtor.
The Purchase Agreement provides for a $20,000.00 brokerage
commission to be shared equally by the parties' respective brokers,
which equates to a 5.19% brokerage commission, due to the Broker
and buyer's broker, Liquor License Professionals LLC.
The Debtor has obtained a lien search from the Florida Division of
Alcoholic Beverages and Tobacco, which indicates that the Liquor
License is encumbered by the secured claim of Timothy Sowder, as
Trustee of the TMS Revocable Trust.
On April 9, 2025, the Debtor and Sowder entered into a written
Settlement Agreement. Under the Sowder Settlement, Sowder agreed
that total payoff amount for the TMS Trust lien is $263,800.00,
plus per diem interest ($86.67/day) through the date on which the
Liquor License is sold and transferred to a buyer.
The Debtor is not aware of any specific priority claims of the
Internal Revenue Service or Florida Department of Revenue.
The Debtor does not believe any other party in interest has a
claim, lien, encumbrance, or interest in the Liquor License.
The Debtor asserts that it does not use the Liquor License in any
operations, and it does not have any future use for the Liquor
License. Retaining the license would provide no continuing benefit
to the estate, while the Debtor would continue to incur unnecessary
administrative costs and further liability for per diem interest
under the Sowder Settlement.
The Debtor believes that the proposed sale price is at or above
market value, and the proceeds from the sale will contribute
directly to funding the Debtor's Chapter 11 plan.
About Open Throttle Inc.
Open Throttle Inc., which is engaged in the retail of beverages,
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. M.D. Fl. Case No. 6:25-bk-03433-LVV) on June 4, 2025.
Judge Lori V. Vaughan presides over the case.
Erik Johanson at Erik Johanson PLLC represents the Debtor as legal
counsel.
OPTINOSE INC: Completes Merger With Paratek Pharmaceuticals
-----------------------------------------------------------
OptiNose, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company completed the
previously announced merger of Orca Merger Sub, Inc. ("Merger
Sub"), a Delaware corporation and a wholly owned subsidiary of
Paratek Pharmaceuticals, Inc., a Delaware corporation ("Parent"),
with and into the Company, with the Company continuing as the
surviving corporation and a wholly owned subsidiary of Parent.
The Merger was effected pursuant to the Agreement and Plan of
Merger, dated as of March 19, 2025, by and among Parent, Merger
Sub, and the Company, as previously disclosed by the Company on
March 20, 2025, in a Current Report on Form 8-K filed by the
Company with the Securities and Exchange Commission.
Merger Agreement:
On the Closing Date, pursuant to and in accordance with the Merger
Agreement, Merger Sub merged with and into the Company, with the
Company surviving the Merger as a wholly owned subsidiary of
Parent.
Upon the closing of the Merger, each outstanding share of the
Company's common stock, par value $0.001 per share (other than any
shares held by the Company (including held in the Company's
treasury), Parent, Merger Sub or any other wholly owned subsidiary
of Parent or the Company (which shares were canceled) and any
shares with respect to which appraisal rights are properly
exercised and perfected and not effectively withdrawn under
Delaware law), was automatically converted into the right to
receive:
(i) $9.00 in cash, without interest and
(ii) one contractual contingent value right representing the
right to receive up to two contingent cash payments, subject to the
terms and conditions set forth in the CVR Agreement.
On May 21, 2025, Parent and Equiniti Trust Company, LLC entered
into the Contingent Value Rights Agreement in the form attached as
Annex I to the Merger Agreement, governing the terms of the CVRs to
be received by the Company's stockholders. The CVRs are not
transferable except under certain limited circumstances, are not
evidenced by a certificate or other instrument and are not
registered or listed for trading. The CVRs do not have any voting
or dividend rights and do not represent any equity or ownership
interest in the Company, Parent, Merger Sub or any of their
affiliates.
Each CVR represents the right to receive a cash payment of:
(i) $1.00 per CVR, payable upon achievement of Net Sales (as
defined in the CVR Agreement) of the Company's product XHANCE in
the United States in any calendar year equal to or in excess of
$150 million during the period beginning on the Closing Date and
ending on December 31, 2028 and
(ii) $4.00 per CVR, payable upon achievement of Net Sales of
the Company's product XHANCE in the United States in any calendar
year equal to or in excess of $225 million during the period
beginning on the Closing Date and ending on December 31, 2029.
There can be no assurance that either of the milestones will be
achieved during the relevant period, and that the resulting
milestone payments will occur.
In addition, at the effective time of the Merger, each employee
stock option to purchase shares of Company common stock that was
outstanding and unexercised as of immediately prior to the
Effective Time vested and was cancelled, with the holder thereof
becoming entitled to receive, with respect to each share of Company
common stock underlying such Company Option,
(i) an amount in cash, without interest, equal to the excess,
if any, of
(A) the Cash Consideration over
(B) the exercise price per share of Company common stock
of such Company Option and
(ii) one CVR, subject to and in accordance with the terms and
conditions of the CVR Agreement, in each case, subject to
applicable withholding taxes.
Notwithstanding the foregoing, if the exercise price per share of
Company common stock of such Company Option was equal to or greater
than the sum of the Cash Consideration and the maximum CVR Payment
Amount (as defined in the Merger Agreement) payable pursuant to the
CVR, such Company Option was cancelled without any cash payment,
CVR or other consideration being made in respect thereof, and if
the exercise price per share of Company common stock of such
Company Option was equal to or greater than the Cash Consideration,
but less than the sum of the Cash Consideration and the maximum CVR
Payment Amount payable pursuant to the CVR, such Company Option was
cancelled and converted into the right to receive one CVR, subject
to and in accordance with the terms and conditions of the CVR
Agreement, for each share of Company common stock underlying such
option (where the amount payable pursuant to the CVR Agreement, if
any, shall be reduced by the amount by which the exercise price per
share of Company common stock of such Company Option exceeds the
Cash Consideration).
At the Effective Time, each Company restricted stock unit that was
outstanding and vested as of immediately prior to the Effective
Time (after giving effect to any vesting acceleration in connection
with the Effective Time) was cancelled, with the holder thereof
becoming entitled to receive, with respect to each share of Company
common stock underlying such Vested Company RSU,
(i) an amount in cash, without interest, equal to the Cash
Consideration, and
(ii) one CVR, subject to and in accordance with the terms and
conditions of the CVR Agreement, in each case, subject to
applicable withholding taxes.
At the Effective Time, each Company restricted stock unit that was
outstanding as of immediately prior to the Effective Time and that
was not a Vested Company RSU was canceled, with the holder thereof
becoming contingently entitled to receive, with respect to each
share of Company common stock underlying such Unvested Company
RSU,
(i) an amount in cash, without interest, equal to the Cash
Consideration, and
(ii) one CVR, subject to and in accordance with the terms and
conditions of the CVR Agreement, in each case, subject to
applicable withholding taxes. Such consideration will vest and
become payable, if at all, at the same time as the Unvested Company
RSU would have vested and been payable pursuant to its terms and
will otherwise remain subject to the same terms and conditions as
were applicable to the underlying Unvested Company RSU immediately
prior to the Effective Time.
At the Effective Time, each Pharmakon Warrant outstanding
immediately prior to the Effective Time was cancelled for no
consideration. At the Effective Time, each outstanding 2022 Warrant
and Pre-Funded Warrant (each as defined the Merger Agreement)
became exercisable for the Merger Consideration, less the warrant's
exercise price, that the holder of such warrant would have received
if such 2022 Warrant or Pre-Funded Warrant had been exercised in
full into shares of Company common stock immediately prior to the
Effective Time by paying the exercise price in respect thereof in
cash immediately prior to the Effective Time; provided that, each
holder of a 2022 Warrant may elect, in accordance with the terms of
the 2022 Warrants, in lieu of the Merger Consideration for any 2022
Warrant, for the Surviving Corporation to purchase such 2022
Warrant for the Black Scholes Value (as defined in such 2022
Warrant) of such 2022 Warrant.
Finally, each purchase right issued pursuant to the Company's 2017
Employee Stock Purchase Plan was fully exercised on the earlier of
the scheduled purchase date of the current offering period
thereunder and the date that is seven business days prior to the
Effective Time (with any participant payroll deductions not applied
to the purchase of shares of Company common stock returned to the
participant), and no later than immediately prior to the Effective
Time, the Company ESPP was terminated.
Notice of Delisting or Failure to
Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
In connection with the consummation of the Merger, on May 21, 2025,
the Company notified the NASDAQ Stock Market LLC that the Merger
had occurred and requested that Nasdaq:
(a) suspend trading of the Company common stock and
(b) file with the SEC an application on Form 25 to delist and
deregister the Company common stock under Section 12(b) of the
Securities Exchange Act of 1934, as amended.
The delisting of the Company common stock from Nasdaq will be
effective 10 days after the filing of the Form 25. Following the
effectiveness of such Form 25, the Company intends to file with the
SEC a certification on Form 15 requesting the termination of
registration of the Company common stock under Section 12(g) of the
Exchange Act and the suspension of the Company's reporting
obligations under Sections 13 and 15(d) of the Exchange Act with
respect to the Company common stock. Trading of the Company common
stock on the Nasdaq was halted prior to the opening of trading on
the Closing Date.
Material Modification to Rights of Security Holders.
As a result of the Merger, each share of Company common stock that
was issued and outstanding immediately prior to the Effective Time
was converted, at the Effective Time, into the right to receive the
Merger Consideration. Accordingly, at the Effective Time, the
holders of such shares of Company common stock ceased to have any
rights as stockholders of the Company, other than the right to
receive the Merger Consideration.
As a result of the consummation of the Merger, a change of control
of the Company occurred on the Closing Date and the Company became
a wholly owned subsidiary of Parent.
Additionally, at the Effective Time, each of Eric Bednarski, Kyle
Dempsey, R. John Fletcher, Wilhelmus Groenhuysen, Sandra L. Helton,
Tomas J. Heyman and Ramy Mahmoud, representing all of the members
of the board of directors of the Company immediately prior to the
Effective Time, resigned as a director of the Company. At the
Effective Time and pursuant to the terms of the Merger Agreement,
Evan Loh became the sole director of the Company.
Furthermore, upon the consummation of the Merger, each of Ramy
Mahmoud, Terry Kohler, Michael Marino, and Paul Spence ceased to be
an executive officer of the Company as of the Effective Time. At
the Effective Time, Evan Loh, Adam Woodrow, Randall Brenner,
Christopher Bostrom, Jonathan Light and Karen McGrath became the
officers of the Surviving Corporation.
About OptiNose, Inc.
OptiNose, Inc. -- www.optinose.com -- is a specialty pharmaceutical
company based in Yardley, Pennsylvania, focused on developing and
commercializing products for patients treated by ear, nose and
throat (ENT) and allergy specialists. The Company's first product,
XHANCE (fluticasone propionate) nasal spray, utilizes its
proprietary Exhalation Delivery System (EDS) to treat chronic
rhinosinusitis, including cases with and without nasal polyps.
XHANCE delivers medication to deeper, hard-to-reach areas of the
nasal passages, offering a potential improvement over conventional
intranasal steroids. Optinose also aims for XHANCE to become a
standard maintenance therapy following sinus surgery to enhance
patient outcomes.
Philadelphia. Pa.-based Ernst & Young LLP, the Company's auditor
since 2016, issued a "going concern" qualification in its report
dated Mar. 26, 2025, attached in the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has suffered recurring losses from operations, has a working
capital deficiency and expects to not be in compliance with certain
debt covenants, and has stated that substantial doubt exists about
the Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $128.8 million in total
assets, $169.1 million in total liabilities, and a total
stockholders' deficit of $40.4 million.
PACER PRINT: Court Extends Cash Collateral Access to Jan. 3
-----------------------------------------------------------
Pacer Print received another extension from the U.S. Bankruptcy
Court for the Central District of California, Northern Division, to
use cash collateral.
The interim order authorized the company to use cash collateral
from June 7 until Jan. 3 next year for operational expenses set
forth in its budget, with variances of 15% for expenses over $2,000
and 20% for expenses under $2,000.
The company requires the use of cash collateral to order products,
deliver orders and pay employees, rent and other expenses.
As protection, the U.S. Small Business Administration and other
secured creditors were granted replacement liens on post-petition
property of the estate to the same extent and with the same
validity and priority as their pre-bankruptcy liens.
As further protection, SBA will receive a monthly payment of $1,289
starting this month.
The next hearing is set for Dec. 10.
About Pacer Print
Pacer Print, a company in Simi Valley, Calif., provides custom
packaging and commercial printing services.
Pacer Print filed Chapter 11 petition (Bankr. C.D. Calif. Case No.
25-10187) on February 18, 2025, with up to $10 million in both
assets and liabilities. Peter Varady, managing agent, signed the
petition.
Judge Ronald A. Clifford III oversees the case.
Steven R. Fox, Esq., at the Fox Law Corporation, Inc., represents
the Debtor as bankruptcy counsel.
PARTNERSHIPS TO UPLIFT: S&P Lowers 2023 Bond LT Rating to 'BB'
--------------------------------------------------------------
S&P Global Ratings lowered its long-term rating on the California
School Finance Authority's series 2023 (tax-exempt) charter school
refunding revenue bonds, issued for Partnerships to Uplift
Communities (PUC) Schools, to 'BB' from 'BB+'.
The outlook is stable.
The lower rating reflects material pressure on PUC's financial
performance in fiscal 2024, following the expiration of
pandemic-related relief funding, which translated into a
significant variance from budgeted expectations and spenddown of
reserves, as well as S&P's expectations that financial performance
and liquidity will remain weaker in fiscal 2025 and fiscal 2026 for
similar reasons.
S&P Global Sustainable1 data show that Los Angeles County, relative
to other locations nationally, faces elevated exposure to seismic
activity and wildfire risks. S&P said, "In our view, based on PUC's
locations, the elevated exposure to seismic risk could pose future
challenges to the school's existing infrastructure, which could
become material to our view of creditworthiness. However, we
believe this risk is partially mitigated by strong state building
codes. Although the region is exposed to elevated wildfire risks,
we believe this is mitigated by PUC's urban location and diverse
footprint. Consequently, we consider the physical risk exposure as
neutral in our credit rating analysis."
S&P said, "In our view, PUC faces elevated social capital risk when
compared with peers given that its operations are in Los Angeles
County and remain pressured, with a sizable projected decline in
school-aged population due to outmigration and other demographic
trends. For PUC, this risk is somewhat mitigated by a long
reputation in the community and robust programming, although based
on recent enrollment declines, in our view, demographic pressures
could limit enrollment potential in the near term."
S&P views governance as neutral in its credit rating analysis.
S&P said, “The stable outlook reflects our expectation that PUC
will implement changes necessary to bring financial performance in
line with rating expectations in fiscal 2026 sustaining coverage
and liquidity at levels at least commensurate with the current
rating. We also anticipate enrollment levels will stabilize near
4,200 over the outlook period and management will successfully
navigate the upcoming charter renewals. We do not anticipate
additional debt within the one-year outlook period.
"We could lower the rating during the outlook period if enrollment
declines persist such that operations remain pressured and
lease-adjusted maximum annual debt service (MADS) coverage does not
return to levels commensurate with the rating, or liquidity falls
to levels no longer consistent with the rating.
"Although not expected at present, we could consider a positive
rating action if PUC can generate a trend of stronger operating
results producing MADS coverage at levels commensurate with a
higher rating, sustained liquidity growth, and enrollment
stabilization."
PASKEY INCORPORATED: Seeks to Sell Vehicles
-------------------------------------------
Paskey Incorporated seeks permission from the U.S. Bankruptcy Court
for the Southern District of Texas, Houston, Texas, to sell
vehicles, free and clear of liens, interests, and encumbrances.
The Debtor is a Texas corporation formed in 2007 and operates as a
general contractor, providing excavation and site preparation
services for real estate development and various municipal service
providers.
The Debtor's last work was performed on the Elyson contract in
March, 2025. Operations were concluded in March. Thus, the Debtor
no longer requires the Vehicles for its operations. Nevertheless,
the Debtor still owns, inter alia, the following three Vehicles:
a. 2019 Ford F250 4x4 Crew Cab LWB SRW VIN #1FT7W2B60KED46632
(market value $14,000.00);
b. 2017 Ford F250 4X4 Crew Cab SWB SRW VIN #1FT7W2BT5HEC95935
(market value $22,000.00); and
c. 2018 Cadillac Escalade VIN #1GYS3JK7JR303604 (market value
$30,000.00).
The Debtor was previously authorized by the Court to sell the 2019
Ford F250 for the sum of $17,000, but the Debtor was unable to find
a buyer willing to purchase the Vehicle for that amount. As such,
the Debtor is now seeking authority to sell the 2019 Ford F250 for
$14,000, an amount that the Debtor believes more closely reflects
the market value of the Vehicle considering its age, condition, and
mileage.
The Debtor is requesting approval of the Court to sell the Vehicles
to complete its wind down of operations, to satisfy any obligations
secured by each Vehicle, and to divest assets in anticipation of
the resolution of this bankruptcy proceeding.
The proceeds from the sales of the Vehicles are expected to yield
the highest and best offers for the Vehicles and raise cash to pay
lienholders of the Vehicles and other creditors.
In particular, the Debtor has Offers in hand for each of the
Vehicles, with estimated gross sales proceeds of $66,000 and total
lien amounts on the Vehicles of $37,420, leaving net sale proceeds
after liens of approximately $28,580.
The Debtor believes that the proceeds from the sales of the
Vehicles are expected to yield the highest and best offers for the
Vehicles and raise cash to pay lienholders of the Vehicles and
other creditors in accordance with a chapter 11 plan to be filed by
the Debtor.
About Paskey Incorporated
Paskey Incorporated is a general contractor in La Porte, Texas.
Paskey Incorporated sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 24-90433) on July 28,
2024. In the petition filed by Curtis W. Paskey, as president, the
Debtor reports estimated assets and liabilities between $1 million
and $10 million each.
The Honorable Bankruptcy Judge Alfredo R. Perez oversees the case.
The Debtor is represented by Bennett G. Fisher, Esq. at LEWIS
BRISBOIS BISGAARD & SMITH.
PENDY'S RESTAURANT: Hires Rabah Accounting & Tax as Accountant
--------------------------------------------------------------
Pendy's Restaurant Group, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Michigan to employ
Rabah Accounting & Tax Services, Inc. as accountant.
The firm will provide these services:
(a) advise the Debtor with respect to its accounting and
financial responsibilities and duties as debtor in possession in
the continued management and operation of the business;
(b) advise and consult with the Debtor regarding tax matters;
and
(c) perform all necessary accounting and tax preparation
services and provide all other necessary services and to the Debtor
in connection with this Chapter 11, Subchapter V case.
The firm will be paid at the rates of $100 to $300 per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Rabah-Khalil 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:
Maha Rabah-Khalil
Rabah Accounting & Tax Services, Inc.
31500 W 13 Mile Rd #118
Farmington Hills, MI 48334
Tel: (248) 538-1294
About Pendy's Restaurant Group, LLC
Pendy's Restaurant Group, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-43017) on
March 26, 2025, listing between $100,001 and $500,000 in both
assets and liabilities.
Judge Paul R. Hage oversees the case.
Lynn M. Brimer, Esq., at Strobl PLLC represents the Debtor as legal
counsel.
PENDY'S RESTAURANT: Hires Strobl PLLC as bankruptcy Counsel
-----------------------------------------------------------
Pendy's Restaurant Group, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Michigan to employ
Strobl PLLC as bankruptcy counsel.
The firm will render these services:
(a) represent the Debtor before the Bankruptcy Court;
(b) advise the Debtor with respect to its power and duties in
the continued management and operation of its business;
(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 estate;
(e) prepare on behalf of the Debtor all legal papers necessary
to the administration of the estate;
(f) negotiate and prepare on the Debtor's behalf a plan of
reorganization, and all related agreements and/or documents, and
take any necessary action on behalf of it to obtain confirmation of
such plan;
(g) represent the Debtor in connection with obtaining
post-petition financing, in the event financing becomes necessary
during the pendency of this proceedings;
(h) advise the Debtor in connection with any potential sale of
assets, restructuring or recapitalization;
(i) appear before this court, any appellate courts, taxing
authorities and the United States Trustee, regulatory agencies of
the State of Michigan and protect the interests of the Debtor's
estates before such courts, agencies, and the United States
Trustee; and
(j) perform all other necessary legal services and all other
necessary legal advice to the Debtor in connection with this
Chapter 11, Subchapter V case.
The firm will be paid at these rates:
Lynn Brimer, Attorney $550 per hour
Pamela Ritter, Shareholder $450 per hour
Associates $185 - $350 per hour
Paralegal $125 - $140 per hour
In addition, the firm will seek reimbursement for out-of-pocket
expenses incurred.
The Debtor owes the firm $1,554.27 for legal services rendered and
costs incurred prior to the Petition Date. The firm intends to
petition the Court for payment of the outstanding amounts with its
first fee application.
Ms. Brimer 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:
Lynn Brimer, Esq.
Strobl, PLLC
33 Bloomfield Hills Pkway., Ste. 125
Bloomfield Hills, MI 48304
Tel: (248) 540-2300
Fax: (248) 205-2786
Email: lbrimer@strobllaw.com
About Pendy's Restaurant Group, LLC
Pendy's Restaurant Group, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-43017) on
March 26, 2025, listing between $100,001 and $500,000 in both
assets and liabilities.
Judge Paul R. Hage oversees the case.
Lynn M. Brimer, Esq., at Strobl PLLC represents the Debtor as legal
counsel.
PERATON CORP: T. Rowe Marks $17.1 Million 2L Loan at 24% Off
------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$17,160,000 loan extended to Peraton Corp. to market at $13,031,000
or 76% of the outstanding amount, according to T. Rowe's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
T. Rowe is a participant in a Second Lien Loan to Peraton Corp. The
loan accrues interest at a rate of 12.18% per annum. The loan
matures on February 1, 2029.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
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.
PORT LOUIS: Unsecured Creditors to Get 10 Cents on Dollar in Plan
-----------------------------------------------------------------
Port Louis Owners Association, Inc., filed with the U.S. Bankruptcy
Court for the Eastern District of Louisiana a Plan of
Reorganization for Small Business dated May 15, 2025.
The Debtor is a non-profit corporation. Since June 17, 1988, the
Debtor has been in the business of being a homeowners association
for a town-home community consisting of 52 town-homes.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $25,666.00.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 10 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 3 consists of Non-priority unsecured creditors. Class 3 is
Impaired and allowed to vote on the Plan. Claim 9 by Steve Conley
for $3000.00 is undisputed. Will be paid in full 90 days after the
effective date of this Plan.
Class 4 consists of General Unsecured Claim Disputed. Class 4 is
Unimpaired and not allowed to vote on the Plan. Claim 2 by Gary
Loyd for personal injury, pending lift of stay to pursue in State
Court 22nd JDC No. 2019-15508. The claim will be considered paid in
full by whatever if any proceeds are paid by the Debtor's Insurance
carrier.
Class 5 consists of General Unsecured Claims Disputed. Class 5 is
Unimpaired and not allowed to Vote for the Plan. Claim 4 by Matthew
Weisensee, Claim5 by Gary Loyd, and Claim 6 by Justin Mayet, all
have suits for damages filed against Debtor & Debtor's insurer in
22nd JDC. The claims will be considered paid in full by whatever if
any proceeds are paid by the Debtor's Insurance carrier.
Class 6 consists of General Unsecured Claims Disputed. Class 6
claims are unimpaired and not allowed to vote on the Plan. Claim 3
is Kathryn Watts, Claim 8 is Charles E McKnight & the Estate of
Janet McKnight, and Claim 10 is Carol Diebold. These claims will
not be paid until the date on which such claim is allowed by a
final non appealable Order of this Court on the objections to said
claims and Debtor may have an offset to any claim upheld.
The Debtor is a non-profit corporation and the continued management
of the Debtor includes a board of directors (who are not paid)and
the adoption of the amended Convents and by-laws, which will be
finalized before the Plan is sent out. The cause of this bankruptcy
has been that the original convents were for a development that
never came to completion and were drafted for condominiums not the
Townhomes that are in the development. This has led to confusion
and lawsuits against the Debtor.
It is anticipated that the Debtor will fund its plan payments from
dues income and contingently from funds recovered from pursuing
outstanding accounts receivable.
A full-text copy of the Plan of Reorganization dated May 15, 2025
is available at https://urlcurt.com/u?l=4g31YC from
PacerMonitor.com at no charge.
The firm can be reached at:
Renee L. Achee, Esq.
Achee Law Firm
200 Mariners Plaza Dr, Suite 201
Mandeville, LA 70448
Telephone: (985) 674-0033
Email: Rlaw641@aol.com
About Port Louis Owners Association, Inc.
Port Louis Owners Association Inc. is dedicated to fostering a
sense of belonging and unity among homeowners in this vibrant
community.
Port Louis Owners Association sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 24-12511) on
December 26, 2024. In its petition, the Debtor reported assets of
$100,000 to $500,000 and liabilities of up to $50,000.
Judge Meredith S. Grabill handles the case.
The Debtor tapped Renee L. Achee, Esq., at Achee Law Firm, LLC as
bankruptcy counsel and Anthony S. Maska, Esq., as special counsel.
PORTSMOUTH SQUARE: Elects 5 Directors at Annual Meeting
-------------------------------------------------------
Portsmouth Square, Inc. held its Fiscal 2024 Annual Meeting of
Shareholders. The final voting results are as follows:
Proposal 1. Election of Directors:
a. John V. Winfield
* For: 591,925
* Against: 2,410
* Abstain: 276
* Broker Non-Votes: 31,339
b. William J. Nance
* For: 591,599
* Against: 2,410
* Abstain: 602
* Broker Non-Votes: 31,339
c. Yvonne L. Murphy
* For: 591,599
* Against: 2,410
* Abstain: 602
* Broker Non-Votes: 31,339
d. Steve Grunwald
* For: 591,730
* Against: 2,410
* Abstain: 471
* Broker Non-Votes: 31,339
e. John C. Love
* For: 591,674
* Against: 2,410
* Abstain: 527
* Broker Non-Votes: 31,339
Proposal 2. Ratification of the Appointment of WithumSmith+Brown as
the Company's Independent Registered Public Accounting Firm for the
fiscal year ending June 30, 2025:
* Votes For: 623,118
* Against: 1
* Abstain: 2,831
* Broker Non-Votes: -
About Portsmouth Square
Headquartered in Los Angeles, California, Portsmouth Square, Inc.,
is a California corporation, incorporated on July 6, 1967, for the
purpose of acquiring a hotel property in San Francisco, California
through a California limited partnership, Justice Investors Limited
Partnership. As of June 30, 2024, approximately 75.7% of the
outstanding common stock of Portsmouth was owned by The InterGroup
Corporation, a public company (NASDAQ: INTG). As of June 30, 2024,
the Company's Chairman of the Board and Chief Executive Officer,
John V. Winfield, owns approximately 2.5% of the outstanding common
shares of the Company. Mr. Winfield also serves as the President,
Chairman of the Board and Chief Executive Officer of InterGroup and
owns approximately 69.4% of the outstanding common shares of
InterGroup as of June 30, 2024.
East Brunswick, N.J.-based WithumSmith+Brown, PC, the Company's
auditor since 2022, issued a "going concern" qualification in its
report dated Sept. 30, 2024, citing that the outstanding balance as
of June 30, 2024 of the hotel's mortgage notes payable consists of
a senior mortgage loan and mezzanine loan totaling $100,783,000,
net of debt issuance costs amounting to $679,000. Both loans
matured on Jan. 1, 2024, and were subsequently extended to Jan. 1,
2025 through forbearance agreements. In addition, the Company has
recurring losses and has an accumulated deficit of $117,102,000.
These factors and the Company's ability to successfully refinance
the debt on favorable terms in the current lending environment
raise substantial doubt about the Company's ability to continue as
a going concern for one year after the financial statement issuance
date.
As of Dec. 31, 2024, Portsmouth Square had $39.65 million in total
assets, $160.56 million in total liabilities, and a total
shareholders' deficit of $120.92 million.
RE4 GEORGIA: Seeks Subchapter V Bankruptcy in Georgia
-----------------------------------------------------
On June 2, 2025, RE4 Georgia LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Northern District of Georgia.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About RE4 Georgia LLC
RE4 Georgia LLC leases residential, commercial, and self-storage
properties, operating primarily as a property lessor in the real
estate sector.
RE4 Georgia LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Case No. 25-56171) on June 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
The Debtors are represented by William Rountree, Esq. at ROUNTREE,
LEITMAN, KLEIN & GEER, LLC.
RECORDED BOOKS: T. Rowe Marks $1.5 Million 1L Loan at 36% Off
-------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$1,557,000 loan extended to Recorded Books Inc. to market at
$1,001,000 or 64% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to Recorded Books
Inc. The loan accrues interest at a rate of 10.07% per annum. The
loan matures on June 15, 2028.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Recorded Books Inc.
Recorded Books, Inc -- RBMedia -- is a digital audiobook and
related spoken word content producer and a provider of digital
content distribution through its recently acquired OverDrive
business.
RHDM OIL: Hires Salcedo Law Group as Special Counsel
----------------------------------------------------
RHDM Oil, Inc. seeks approval from the U.S. Bankruptcy Court for
the Central District of California to employ Salcedo Law Group, a
Professional Law Corporation as special counsel.
The Debtor needs the firm's legal assistance in connection with the
case of Hosam Saad Abdel Monem v. RHD Oil, Inc., et. al., LASC Case
No. 21CMCV00048, filed in the Los Angeles Superior Court; and RHDM
Oil, Inc., et al., v. Mohammed Ehteshan Ansari, et al., LASC Case
No. 21CMCV00048, filed in the Los Angeles Superior Court.
The firm will be paid at the rate of $425 per hour, and a retainer
of $5,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Salcedo disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Matthew J. Salcedo, Esq.
Salcedo Law Group,
a Professional Law Corporation
28690 Morning Dew Way
Yorba Linda, CA 92887
Tel: (714) 833-0125
Email: malcedo@salcedolawgroup.com
About RHDM Oil, Inc.
RHDM Oil Inc., operating as Rosecrans Norwalk 76, a gas station
located at 12030 Rosecrans Ave. in Norwalk, California.
RHDM Oil Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. C.D. Cal., Case No. 25-11337) on February 21, 2025. In
its petition, the Debtor reports estimated assets between $50,000
and $100,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Neil W. Bason handles the case.
The Debtor is represented by Andrew S. Bisom, Esq. at Bisom Law
Group.
RICHFIELD NURSING: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Five affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Richfield Nursing and Rehabilitation LLC 25-01599
631 Main Street
Richfield, PA 17086
Milford Nursing and Rehabilitation LLC 25-01601
264 Route 6 & 209
Milford, PA 18337
Rolling Hills Nursing and Rehabilitation LLC 25-01602
17350 Old Turnpike Road
Millmont, PA 17845
Scenery Hill Nursing and Rehabilitation LLC 25-01603
680 Lions Health Camp Road
Indiana, PA 15701
Darway Nursing Care Center LLC 25-01604
5865 PA Route 154
Forksville, PA 18616
Business Description: The Debtors are operators of skilled nursing
and rehabilitation centers across
Pennsylvania. Each location provides a
range of services, including short-term
rehabilitation, long-term care, and therapy.
Chapter 11 Petition Date: June 4, 2025
Court: United States Bankruptcy Court
Middle District of Pennsylvania
Judge: Hon. Henry W Van Eck
Debtors' Counsel: Robert E. Chernicoff, Esq.
CUNNINGHAM, CHERNICOFF & WARSHAWSKY PC
2320 N. Second St.
Harrisburg, PA 17110
Tel: (717) 238-6570
Each Debtor's
Estimated Assets: $1 million to $10 million
Each Debtor's
Estimated Liabilities: $1 million to $10 million
The petitions were signed by Charles Light as member.
The lists of the Debtors' 20 Largest unsecured creditors are
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/RZMVRLI/Richfield_Nursing_and_Rehabilitation__pambke-25-01599__0003.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/VNAUSGA/Milford_Nursing_and_Rehabilitation__pambke-25-01601__0003.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/W4T3UTY/Rolling_Hills_Nursing_and_Rehabilitation__pambke-25-01602__0003.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/XWSC3XY/Scenery_Hill_Nursing_and_Rehabilitation__pambke-25-01603__0003.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/UNDQHNQ/Darway_Nursing_Care_Center_LLC__pambke-25-01604__0003.0.pdf?mcid=tGE4TAMA
Full-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RKLPHQQ/Richfield_Nursing_and_Rehabilitation__pambke-25-01599__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/VEHW6UQ/Milford_Nursing_and_Rehabilitation__pambke-25-01601__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/WMDQ6AI/Rolling_Hills_Nursing_and_Rehabilitation__pambke-25-01602__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/XGGONYA/Scenery_Hill_Nursing_and_Rehabilitation__pambke-25-01603__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/X5IPK7A/Darway_Nursing_Care_Center_LLC__pambke-25-01604__0001.0.pdf?mcid=tGE4TAMA
RIMKUS CONSULTING: T. Rowe Marks $2.2 Million 1L Loan at 85% Off
----------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$2,236,000 loan extended to Rimkus Consulting Group Inc. to market
at $345,000 or 15% of the outstanding amount, according to T.
Rowe's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to Rimkus Consulting
Group Inc. The loan accrues interest at a rate of 9.55% per annum.
The loan matures on April 1, 2031.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Rimkus Consulting Group Inc.
Rimkus Consulting Group, Inc., now simply known as Rimkus, is
engaged in engineering and technical consulting.
ROONEY AND BORDEN: Unsecureds Will Get 2% of Claims in Plan
-----------------------------------------------------------
Rooney and Borden Jewellers, Inc., filed with the U.S. Bankruptcy
Court for the Central District of California a Plan of
Reorganization for Small Business dated May 15, 2025.
The Debtor is a corporation. Since 1976, the Debtor has been in the
business of retain jewelry sale.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $7612.47. The final Plan
payment is expected to be paid on July 1, 2030.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 2 cents on the dollar. This Plan also provides for
the payment of administrative and priority claims.
Class 3 consists of General Unsecured Claims:
* General unsecured claim of River Capital Partners, LLC in
the amount of $85,210.79 to receive 2% of allowed claim. The claim
of Readycap Lending, LLC exhausts the value of the security for
this obligation. Basis for this claim is the security agreement,
loan agreement and UCC-1 Financing Statement filed September 26,
2024.
* General unsecured of Funding Metrics, LLC in the amount of
$126,292.78 to receive 2% of allowed claim. The claim of Readycap
Lending, LLC exhausts the value of the security for this
obligation. Basis for this claim is the security agreement, loan
agreement and UCC-1 Financing Statement filed October 22, 2024.
* General unsecured claim of the American Express National
Bank, AENB in the amount of $22,764.65. To receive payment of 2% of
allowed claim.
* General unsecured claim of the American Express National
Bank, AENB in the amount of $6,330.00. To receive payment of 2% of
allowed claim.
* General unsecured claim of the U.S. Bank, NA, d/b/a Elan
Financial Services in the amount of $8,732.47. To receive payment
2% of allowed claim.
* General unsecured claim of JP Morgan Chase Bank s/b/m/t
Chase Bank, USA, N.A. in the amount of $162,504.29. To receive
payment 2% of allowed claim.
* General unsecured claim of Intuit Financing in the amount of
$111,652.85. To receive payment 2% of allowed claim.
* General unsecured claim of Capital One, NA in the amount of
$19,704.57. To receive payment of 2% of allowed claim.
* General unsecured claim of Square Financial Services in the
amount of $124,634.82. To receive payment of 2% of allowed claim.
* General unsecured claim of ODK Capital LLC in the amount of
$190,942.67. To receive payment of 2% of allowed claim.
* General unsecured claim of Velocity Capital Group LLC in the
amount of $90,428.12. To receive payment of 2% of allowed claim.
* General unsecured claim of LG Capital in the amount of
$73,712.00 To receive payment of 2% of allowed claim.
Class 4 consists of Equity security holders of the Debtor. Minh
Chau is 100% shareholder in the Debtor. Minh Chau will retain his
ownership interest in the Debtor.
Minh Chau, sole shareholder and CEO of the Debtor, will continue to
serve in those capacities as well as a director. The Debtor will
establish a cash reserve by setting aside $500.00 each month, above
the Plan payments, to deal with any unforeseen issues. The Plan
will be funded from current and future monthly income of the
Debtor.
A full-text copy of the Plan of Reorganization dated May 15, 2025
is available https://urlcurt.com/u?l=6ejl3X from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Julie Villalobos, Esq.
Larry Fieselman, Esq.
Oak Tree Law
3355 Cerritos Ave
Los Alamitos, CA 90720
Telephone: (562) 321-9101
Facsimile: (800) 976-4187
Email: Julie@oaktreelaw.com
larry@oaktreelaw.com
About Rooney and Borden Jewellers
Rooney and Borden Jewellers, Inc., owns and operates a jewelry
store in Southern California offering fine jewelry and watches.
Rooney and Borden Jewellers, Inc. d/b/a McCarty's Jewelry in Long
Beach, CA, sought relief under Chapter 11 of the Bankruptcy Code
filed its voluntary petition for Chapter 11 protection (Bankr. C.D.
Cal. Case No. 24-20640) on December 31, 2024, listing $321,428 in
assets and $1,445,343 in liabilities. Minh Chau as owner, signed
the petition.
Judge Julia W Brand oversees the case.
OAKTREE LAW serves as the Debtor's legal counsel.
SAFE & GREEN: Director Shafron Hawkins Resigns
----------------------------------------------
Safe & Green Holdings Corp. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that Shafron
Hawkins, a member of the Board of Directors, notified the Company
of his decision to resign from his position as a member of the
Board and as a member of the following Board committees: the Audit
Committee; the Compensation Committee; and the Nominating,
Environmental, Social and Corporate Governance Committee. The
resignation was not related to any disagreement with the Company on
any matter relating to its operations, policies or practices.
The Board appointed Samarth Verma as a director of the Company to
fill the vacancy created by Shafron Hawkins' resignation. Mr. Verma
will serve until the date of the Company's 2025 Annual Meeting of
Shareholders and until his successor is duly elected and
qualified.
As a non-employee director, Mr. Verma will participate in the
Company's previously disclosed non-employee director compensation
program, which for 2025 consists of:
(i) an annual cash retainer of $80,000 which is paid in
quarterly installments and
(ii) an annual equity grant of restrict stock units under the
Company's Stock Incentive Plan with a grant date value of
approximately $80,000 that will vest quarterly over two years,
subject to continued service as a director through such date.
In connection with his appointment, Mr. Verma will receive a
pro-rata portion of each to reflect the fact that he was appointed
in May of 2025. Mr. Verma has been appointed as a member of the
Audit Committee and the Compensation Committee, and has been
appointed as the chair of the Nominating, Environmental, Social and
Corporate Governance Committee.
Samarth Verma, age 46, was appointed as a director of the Company
on May 21, 2025. Mr. Verma currently serves as Co-Founder and
Chairman of the Board of FansXR, where he has led the global
product development and launch of immersive, real-time media
broadcasting technologies. FansXR delivers live, fan-controlled
broadcasts in 2D, 360, and animated environments for entertainment
and sports gamification. Its platform leverages extended reality,
augmented data overlays, and artificial intelligence to enhance
digital streaming and asset creation, while integrating features
such as betting, interactive data, and optimized hardware
performance. Mr. Verma is a proven technology innovator and
entrepreneur with a diverse background spanning immersive media,
advanced mathematics, and corporate development across a range of
sectors including hospitality, gaming, energy, and real estate. Mr.
Verma's background originated in research, and it encompasses the
vast field of mathematics. At the age of nine, he published his
first research paper in The Abstract of the American Mathematics
Society's Conjectures in Number Theory. He became a member of the
Wisconsin Space Grant Consortium and worked on a NASA grant project
as a student research associate. Mr. Verma attended the University
of Wisconsin, Madison.
There are no family relationships between Mr. Verma and any of the
Company's directors or executive officers. In addition, as set
forth above, Mr. Verma is not a party to any transaction, or series
of transactions, required to be disclosed pursuant to Item 404(a)
of Regulation S-K.
About Safe & Green
Safe & Green Holdings Corp. is a modular solutions company
headquartered in Miami, Florida. The company specializes in the
development, design, and fabrication of modular structures,
focusing on safe and green solutions across various industries.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated Mar. 31, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has incurred net losses since its inception, negative working
capital, and negative cash flows from operations, which raises
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, the Company had $6,071,524 in total assets,
$18,531,832 in total liabilities, and a total stockholders' deficit
of $12,460,308.
SANDRIDGE ENERGY: Loses Bid to Reopen Ch11 Case, Enforce Plan
-------------------------------------------------------------
Judge Marvin Isgur of the United States Bankruptcy Court for the
Southern District of Texas denied SandRidge Energy, Inc.'s motions
to reopen its Chapter 11 bankruptcy case and enforce the plan.
Prior to filing bankruptcy, SandRidge and several of its officers
were named as defendants in two federal securities class action
lawsuits. The lawsuits were stayed when SandRidge filed bankruptcy
in 2016. Following plan confirmation, the lawsuits resumed against
the officers. They also resumed against SandRidge as a nominal
defendant.
The lawsuits resulted in a $17 million settlement with the former
officers. The settlement amount was paid by D&O insurance
policies.
Following payment of the $17 million, the Insurers sued SandRidge.
The lawsuit, filed as a subrogee of two of the former officers,
seeks to enforce the officers' indemnity rights against SandRidge.
SandRidge argues that its indemnity obligations to the two officers
were discharged in its Chapter 11 plan.
Through the motions, SandRidge argues that the Insurer Subrogation
Claim violates the plan and confirmation order because the claim is
disallowed and canceled under the plan, and therefore there is good
cause to reopen the bankruptcy case and enforce the plan and
confirmation order. SandRidge seeks an order declaring that the
Insurer Subrogation Claim is barred by the plan and confirmation
order and directing the Insurers to dismiss the claim with
prejudice.
SandRidge's Chapter 11 plan assumed the Indemnification Obligations
and D&O Policies pursuant to Sec. 365 of the Bankruptcy Code. The
parties dispute whether the plan's assumptions obligate SandRidge
to pay the post-effective date indemnification costs of James D.
Bennett and Matthew K. Grubb covered by the Insurers pursuant to
the subrogation rights contained in the policies.
The Court finds that because SandRidge's D&O policies and indemnity
obligations were assumed in its Chapter 11 plan, they were not
discharged.
Judge Isgur holds, "SandRidge's D&O Policies and Indemnification
Obligations toward Bennett and Grubb were assumed under the plan.
They are post-petition obligations of SandRidge. This order
overrules SandRidge's defenses that the Indemnification Obligations
were canceled, released, terminated or discharged by the plan.
SandRidge retains all other defenses. The assertion of the Insurer
Subrogation Claim does not violate the plan. There is no cause to
reopen this bankruptcy case. SandRidge's motions are denied."
A copy of the Court's decision dated May 23, 2025, is available at
https://urlcurt.com/u?l=XTYEGg
About SandRidge Energy, Inc.
SandRidge Energy, Inc. -- http://www.sandridgeenergy.com/-- is an
oil and natural gas exploration and production company
headquartered in Oklahoma City, Oklahoma, with its principal focus
on developing high-return, growth-oriented projects in the U.S.
Mid-Continent and Niobrara Shale.
SandRidge Energy, Inc. and 24 of its subsidiaries each filed a
voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr.
S.D. Tex. Lead Case No. 16-32488) on May 16, 2016. The petitions
were signed by Julian M. Bott as chief financial officer.
The Debtors have hired Kirkland & Ellis LLP as general bankruptcy
counsel, Zack A. Clement PLLC as local counsel, Houlihan Lokey
Capital, Inc. as financial advisor, Alvarez & Marsal Holdings, LLC,
as restructuring advisor and Prime Clerk LLC as claims and noticing
agent.
The cases are assigned to Judge David R Jones.
The Office of the U.S. Trustee has appointed five creditors of
SandRidge Energy, Inc., to serve on the official committee of
unsecured creditors. The Official Committee is represented by
Charles R. Gibbs, Esq., Daniel H. Golden, Esq., Abid Qureshi, Esq.,
and Brad M. Kahn, Esq., at Akin Gump Strauss Hauer & Feld LLP.
An Ad Hoc Committee of Shareholders is represented by Susan C.
Mathews, Esq., Lori Ann Hood, Esq., and Sunil "Neil" Gupta, Esq.,
at Baker, Donelson, Bearman, Caldwell & Berkowitz.
Counsel to the First Lien Credit Agreement Agent are Andrew V.
Tenzer, Esq., Leslie A. Plaskon, Esq., and Michael Comerford, Esq.,
at Paul Hastings LLP.
Counsel to the Ad Hoc Group of Consenting Unsecured Creditors are
Joseph H. Smolinsky, Esq., and Daniel N. Griffiths, Esq., at Weil
Gotshal & Manges LLP.
Counsel to the Ad Hoc Group of Consenting Second Lien Creditors are
Damian S. Schaible, Esq., and Eli V. Vonnegut, Esq., at Davis Polk
& Wardwell, LLP.
* * *
SandRidge Energy on Oct. 4, 2016, disclosed that it has emerged
from Chapter 11, having satisfied all the necessary provisions of
its Plan of Reorganization. SandRidge also received approval to
relist on the New York Stock Exchange in conjunction with its
emergence and resumed trading of newly issued common stock on
October 4, 2016, under the ticker symbol "SD".
The Bankruptcy Court on Sept. 9, 2016, entered an order confirming
the Joint Chapter 11 Plan of Reorganization, which will eliminate
$3.7 billion in pre-petition funded indebtedness.
SCANROCK OIL: Seeks to Extend Plan Exclusivity to August 4
----------------------------------------------------------
Scanrock Oil & Gas, Inc., and its affiliates asked the U.S.
Bankruptcy Court for the Northern District of Texas to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to August 4 and October 3, 2025, respectively.
Here, these factors warrant the requested extension of exclusivity
for the following reasons:
* The Cases are complex chapter 11 cases pending on the
Court's mega docket and involve enhanced complexity and
difficulty;
* The Debtors have timely filed a Plan and Disclosure
Statement but require additional time to permit good-faith, arm's
length negotiations with stakeholders;
* The Debtors have made positive progress towards reaching a
confirmable plan of reorganization, including by timely filing the
Plan and Disclosure Statement;
* The Debtors are paying their ordinary course expenses as
they come due and have remained substantially current on all post
petition obligations;
* The Debtors have demonstrated reasonable prospects for an
effective reorganization by timely filing the Plan and Disclosure
Statement and by welcoming negotiations with creditors and
stakeholders;
* The Debtors are currently negotiating with the Committee,
creditors, and stakeholders regarding the Plan and Disclosure
Statement;
* The Debtors are not seeking this extension to pressure
creditors, but rather seek this extension to be able to propose and
confirm a plan that will provide a larger dividend to creditors
than liquidation;
* There are several unresolved contingencies in the Chapter 11
Cases.
Counsel to the Oil and Gas Debtors and the Oregon Debtors:
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
Counsel to O'Ryan Ranches, Ltd.:
Hudson M. Jobe, Esq.
Jobe Law PLLC
6060 North Central Expressway, Suite 500
Dallas, Texas 75206
Tel: (214) 807-0563
Email: hjobe@jobelawpllc.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 Feb. 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. The committee retained Porter Hedges LLP
as counsel and Riveron RTS LLC as financial advisor.
SCHAFER FISHERIES: Court OKs Fort Madison Property Sale to Chilson
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Western Division, has agreed Schafer Fisheries Inc. to sell
Property located at 2617 240th Street, Fort Madison, Iowa, free and
clear of liens, interest, and encumbrances.
The Court has authorized the Debtor to sell the Property and
deliver its deed and other conveyance documents to Chilson
Investment, or its nominee, free and clear of all liens, claims,
and encumbrances.
The Debtor as Seller is authorized to make all payments of costs,
deposits and prorations required
to clear title by the terms of the Contract.
The net proceeds of the sale will be delivered to the Debtor's
first secured creditor, Newtek Small Business Finance, LLC in
accordance with the Interim Order.
About Schafer Fisheries Inc.
Schafer Fisheries Inc. is a seafood processor and distributor in
Fulton, Ill.
Schafer Fisheries filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-80824) on June
20, 2024, listing between $100,001 and $500,000 in assets and
between $1 million and $10 million in liabilities. Jennifer Schank
of Fuhrman & Dodge, S.C. serves as Subchapter V trustee.
Judge Thomas M. Lynch oversees the case.
Schafer Fisheries tapped The Golding Law Offices PC and Leibowitz,
Hiltz & Zanzig, LLC as bankruptcy counsel, and Philip Firrek as
consultant.
The Debtor is represented by Richard N. Golding, Esq., at Law
Offices Of Richard N. Golding, P.C.
SEASONAL LANDSCAPE: Court Extends Cash Collateral Access to June 30
-------------------------------------------------------------------
Seasonal Landscape Solutions, Inc. received another extension from
the U.S. Bankruptcy Court for the Northern District of Illinois to
use cash collateral.
The 13th interim order authorized the company to use cash
collateral in accordance with its budget, which projects total
operational expenses of $420,575 from June 1 to 30.
The company is not allowed to make any payments or distributions
other than the itemized projected disbursements set forth in the
budget without the prior written consent of its pre-bankruptcy
secured lender.
BMO Harris Bank holds a senior lien on the company's assets
totaling at least $495,000, with a subordinate lien by the U.S.
Small Business Administration.
As protection, BMO Harris Bank was granted a replacement lien on
substantially all of the company's assets, including cash
collateral equivalents, cash and accounts receivable, to the same
extent and with the same validity as its pre-bankruptcy lien.
In addition, BMO Harris Bank was granted an administrative expense
claim under Section 507(b) of the Bankruptcy Code.
The next hearing is scheduled for June 25.
About Seasonal Landscape Solutions
Seasonal Landscape Solutions, Inc. is a company in Algonquin, Ill.,
which specializes in residential design-build landscaping.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-08880) on June 17,
2024, with $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Ira Bodenstein serves as Subchapter V
trustee.
Judge Janet S. Baer presides over the case.
The Debtor is represented by Richard G. Larsen, Esq., at Springer
Larsen Greene, LLC.
SKY GARDENS: Hires Alex D. Sirulnik P.A. as Special Counsel
-----------------------------------------------------------
Sky Gardens Residences, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ Alex D.
Sirulnik, P.A. as special counsel.
The Debtor needs the firm's legal assistance in connection with
finalizing and negotiating transactional documents, the closing of
the sale of the Debtor's land comprising 37,281 square feet, or .86
acres, located at 16300 NE 19th Avenue, North Miami Beach, Florida
33162.
The firm will be paid at $500 per hour.
Alex D. Sirulnik, Esq., a partner at Alex D. Sirulnik, P.A.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Alex D. Sirulnik, Esq.
Alex D. Sirulnik, P.A.
2199 Ponce De Leon Blvd., Suite 301
Coral Gables, FL 33134
Tel: (305) 443-7211
Email: ads@sirulniklaw.com
About Sky Gardens Residences, LLC
Sky Gardens Residences LLC is a single asset real estate debtor, as
defined in 11 U.S.C. Section 101(51B).
Sky Gardens Residences LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-11136) on
January 31, 2025. In its petition, the Debtor reports estimated
assets between $10 million and $50 million and estimated
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
Michael D. Seese, Esq., at Seese, PA represents the Debtor as
counsel.
SM MILLER: Claims to be Paid from Future Earnings
-------------------------------------------------
SM Miller Enterprises, Inc. filed with the U.S. Bankruptcy Court
for the Northern District of Texas an Original Subchapter V Plan
dated May 14, 2025.
The Debtor is a line-haul trucking company that provides services
to Federal Express Corporation and Southern Aviation Transport,
Inc. through various trucking contracts. The Debtor performs
dedicated runs as well as "wild-card" runs.
Scott A. Miller, the president of the Debtor, formed the Debtor in
February of 2019. The Debtor is a C-corporation that is wholly
owned by Scott A. Miller, the Debtor's president, and his wife in
equal undivided interests.
The Debtor experienced a decrease in revenue due to a nationwide
decrease in ground shipping business. The Debtor's decrease in
revenue caused it to default on its obligations to its secured
lenders, and truck lessor, which necessitated the filing of the
Bankruptcy Case.
The Plan proposes to pay Creditors from the Debtor's future
income.
Class 11 consists of the general Unsecured Creditors as well as the
deficiency claims of the Secured Creditors, if any. Except to the
extent that a Holder of an Allowed Unsecured Claim and the Debtor
or the Reorganized Debtor, as applicable, agree to less favorable
treatment of its Allowed Unsecured Claim, each Holder of an Allowed
Unsecured Claim shall receive, in full and complete satisfaction,
settlement, discharge, and release of, and in exchange for, its
Allowed Unsecured Claim, its Pro Rata share of the Reorganized
Debtor's projected Disposable Income for the Repayment Period.
Class 11 is impaired under the Plan.
Class 12 consists of Equity Interests: Under section 1191 of the
Bankruptcy Code, the Debtor's equity holders shall be unaffected by
the Plan. Accordingly, Class 12 is unimpaired under the Plan, and
therefore deemed to accept the Plan.
The Reorganized Debtor will continue to operate with the primary
purpose of conducting its business.
On the Effective Date, and automatically, without need for further
order, document, or instrument, all property of the Debtor and the
Estate shall vest in the Reorganized Debtor free and clear of all
liens, claims, interests, and encumbrances, except to the extent
any such lien, claim, interest, or encumbrance is preserved under
this Plan.
The Debtor anticipates that all distributions made under the Plan
will be funded from future earnings, which will not be less than
100% of the Debtor's Projected Disposable Income for the Repayment
Period.
A full-text copy of the Subchapter V Plan dated May 14, 2025 is
available at https://urlcurt.com/u?l=7VHD8K from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Thomas D. Berghman, Esq.
Jacob J. King, Esq.
Munsch Hardt Kopf & Harr, PC
500 N. Akard St., Suite 4000
Dallas, TX 75201
Telephone: (214) 855-7500
Email: tberghman@munsch.com
Email: jking@munsch.com
About SM Miller Enterprises Inc.
SM Miller Enterprises Inc. is a contract line-haul dry freight
provider based in Dallas, Texas.
SM Miller Enterprises filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. N.D. Texas Case No. 25-30527) on
February 13, 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 Stacey G. Jernigan handles the case.
The Debtor is represented by Jacob King, Esq. at Munsch Hardt Kopf
& Harr, P.C.
SOUTH REGENCY: Belle Vie Fitness Appointed as New Committee Member
------------------------------------------------------------------
The U.S. Trustee for Region 20 appointed Belle Vie Fitness, LLC as
additional member of the official committee of unsecured creditors
in the Chapter 11 case of South Regency Shops, LLC.
The committee is now composed of:
1. Block & Co., Inc.
Richard D. Morehouse, Director- Operations
605 W. 47th Street, Suite 200
Kansas City, MO 64112
(816) 763-6000
rmorehouse@blockandco.com
2. Belle Vie Fitness, LLC
Vicky Sparks, Manager
3805 SW Clarion Park Drive
Topeka, KS 66610
(913) 219-5394
vicky.sparks@etffitness.com
3. John L. Lentell, JD, MBA, LLC
John L. Lentell, Member
10975 Benson Drive, Suite 370
Overland Park, KS 66210
(913) 400-2032
jlentell@lentell-lawoffice.com
4. Stephen P. Maslan
8011 Paseo Blvd., Suite 201
Kansas City, MO 64131
(816) 547-8243
smaslan1950@gmail.com
About South Regency Shops
South Regency Shops, LLC owns a shopping center situated at 9296
Metcalf Avenue in Overland Park, Kan., with an estimated current
value of $810,000.
South Regency Shops filed Chapter 11 petition (Bankr. D. Kan. Case
No. 25-20140) on February 10, 2025, listing total assets of
$817,347 and total liabilities of $2,578,359.
Judge Dale L. Somers handles the case.
The Debtor is represented by Colin Gotham, Esq., at Evans &
Mullinix, P.A.
The U.S. Trustee for Region 20 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
STAR RAIL: Gets Extension to Access Cash Collateral
---------------------------------------------------
Starr Rail, LLC received another extension from the U.S. Bankruptcy
Court for the Northern District of Texas, Fort Worth Division, to
use cash collateral.
The order penned by Judge Mark Mullin authorized the company's
interim use of cash collateral from May 27 until the entry of a
subsequent order.
The company's 30-day budget projects total operational expenses of
$53,730.
As protection, secured lenders will be granted replacement liens on
all of the company's equipment, inventory and accounts whether such
property was acquired before or after the petition date.
The cash collateral in question is claimed by several secured
lenders, including Ark-Tex Regional Development Company, First
National Bank of Hughes Springs, and the U.S. Small Business
Administration, which assert liens on the company's equipment,
accounts, and inventory, totaling over $1.6 million based on filed
UCC-1 statements.
The next hearing is set for June 12.
About Starr Rail LLC
Starr Rail, LLC operates as a rail logistics and transloading
provider. Founded in 2018, the company focuses on first- and
last-mile rail solutions, offering services such as transloading,
storage, and bulk material packaging. Its operations accommodate a
range of freight, including lumber, steel, aluminum, aggregates,
plastic pellets, diesel, and propane.
Starr Rail sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Texas Case No. 25-41307) on April 11, 2025. In
its petition, the Debtor reported total assets of $2,763,979 and
total liabilities of $2,476,623.
Judge Mark X. Mullin handles the case.
The Debtor is represented by Robert T. DeMarco, Esq., at DeMarco
Mitchell, PLLC.
STARCO BRANDS: Production Board Holds 11.7% Class A Common Shares
-----------------------------------------------------------------
The Production Board, LLC disclosed in a Schedule 13G (Amendment
No. 1) filed with the U.S. Securities and Exchange Commission that
as of May 20, 2025, it beneficially owned 91,447,397 shares of
Starco Brands, Inc.'s Class A Common Stock, representing
approximately 11.7% of the 784,192,034 shares of Class A Common
Stock outstanding as of May 20, as reported in the Company's
quarterly report on Form 10-Q filed with the Securities and
Exchange Commission on May 20, 2025.
The Production Board may be reached through:
David Friedberg, Chief Executive Officer
548 Market Street, San Francisco, CA 94104
Tel: 415-854-7074
A full-text copy of The Production Board's SEC report is available
at:
https://tinyurl.com/2c8wepn3
About Starco Brands
Santa Monica, Calif.-based Starco Brands, Inc. (OTCQB: STCB) --
starcobrands.com -- invents consumer products with
behavior-changing technologies that spark excitement. Starco Brands
identifies whitespaces across consumer product categories. Starco
Brands publicly trades on the OTCQB stock exchange so that retail
investors can invest in STCB alongside accredited individuals and
institutions.
Irvine, Calif.-based Macias, Gini, and O'Connell LLP, the Company's
auditor since 2022, issued a "going concern" qualification in its
report dated April 18, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has a working capital deficit of approximately
$10M and an accumulated deficit of approximately $81 million at
December 31, 2024, including the impact of its net loss of
approximately $17 million for the year ended December 31, 2024. The
Company's ability to raise additional capital through the future
issuances of common stock and/or debt financing is unknown. The
obtainment of additional financing and the successful development
of the Company's contemplated plan of operations, to the attainment
of profitable operations are necessary for the Company to continue
operations.
STEWARD HEALTH: TRACO Contests Patient Ombudsman Legal Fees
-----------------------------------------------------------
Randi Love of Bloomberg Law reports that TRACO International Group,
the insurance affiliate of Steward Health Care System LLC, has
objected to the court-appointed patient care ombudsman's
professional fees, deeming some of them excessive.
In a filing on Thursday, June 5, 2025, with the U.S. Bankruptcy
Court for the Southern District of Texas, TRACO claimed that
Steward is administratively insolvent and asked the court to reject
more than $1.6 million in fees requested by the ombudsman’s
adviser, SAK Healthcare, and the law firm Greenberg Traurig LLP.
TRACO has been engaged in litigation with Steward since December,
seeking to recover upwards of $170 million in assets it asserts are
not part of the health care system's bankruptcy estate.
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.
STV GROUP: T. Rowe Marks $2.2 Million 1L Loan at 79% Off
--------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$2,279,000 loan extended to STV Group, Inc. to market at $477,000
or 21% of the outstanding amount, according to T. Rowe's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to STV Group, Inc.
The loan accrues interest at a rate of 11.5% per annum. The loan
matures on March 20, 2030.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About STV Group, Inc.
Headquartered in New York, NY, STV Group, Incorporated is a
consulting, engineering, architectural, planning, environmental,
and construction management services company. The company's
segments include Transportation & Infrastructure, Building &
Facilities, and Construction/Program Management. The company is
majority owned by Pritzker Family Business Interests ("PFBI"), and
advised by The Pritzker Organization, LLC ("TPO"), a merchant bank
for the business interests of the Pritzker Family.
SULLIVAN MECHANICAL: Seeks to Sell Office Equipment
---------------------------------------------------
Sullivan Mechanical Contractors Inc. seeks permission from the U.S.
Bankruptcy Court for the Western District of Virginia, Harrisonburg
Division, to sell Equipment, free and clear of liens, interests,
and encumbrances.
Richard C. Maxwell, Esquire has been appointed as the Chapter 11
Subchapter V trustee of the case.
Sullivan Mechanical, first established in Virginia in 1946, is a
storied Shenandoah Valley commercial mechanical contractor, having
served Western and Central Virginia for almost eight decades.
Always a family run business, Malcom Sullivan, Jr, the present
Chairman of the Board, with the aid of other family members,
currently manages the hands-on operation with the additional
assistance of dedicated employees. Having begun humbly in a small,
unheated garage, Sullivan Mechanical now operates from its
state-of-the-art facilities in Shenandoah, Virginia.
While Sullivan Mechanical has had a storied career with a stellar
reputation and lengthy track record in its industry, it found its
business plummeting downward due to issues directly related to the
UVA Brandon Dorm Project (Gaston House & Ramazani House), in which
it provided services under a contract with the construction
manager, Barton Malow Builders, LLC (Barton Malow).
As a result, after considering available options, the Debtor,
determined to seek Subchapter V bankruptcy protection in an effort
to stop the continued spiral downward and provide a platform
whereby it could assess completion of a few of its remaining jobs
and orderly liquidate its assets for the benefit of all of its
stakeholders.
Northeast Bank asserts claim of the various Equipment,
Miscellaneous Office Items, and Additional Equipment.
To better facilitate sales and therefore recovery for creditors,
the Debtor desires sale procedures for the Miscellaneous Job Items
and Miscellaneous Office Items. Unfortunately, these items have
varying conditions that impact each value. While the Debtor will
seek to obtain at least 40% of retail value for each item, the
Debtor in the exercise of its business judgment maintains that it
is in the best interest of the Estate to allow sales for values of
at least 20% of retail value to each item.
The Debtor maintains that it is in the best interest of the Estate
to sell the Additional Equipment, Miscellaneous Job Items, and
Miscellaneous Office Items.
The Debtor will be prepared to allow access to view the Additional
Equipment, Miscellaneous Job Items, and Miscellaneous Office Items
(along with the Equipment) as early as the week of June 23, 2025.
The Debtor has discussed the sale of items with the Subchapter V
Trustee who supports the Debtor being able to sell the items for a
period of time before engaging an auctioneer or similar entity to
assist with a more formal process. The Debtor has committed to
proceed to such a process on or before July 31, 2025, to the extent
items remain after such date with no clear path for future sale.
About Sullivan Mechanical Contractors Inc.
Sullivan Mechanical Contractors Inc. was first established in
Virginia in 1946 and a family-owned commercial mechanical
contractor, having served Western and Central Virginia for almost
eight decades. It is a well-respected and in demand mechanical
contractor focusing on sheet metal specialties, air conditioning,
plumbing, and heating services. As of late, its services have been
concentrated on the construction of medical and educational
institutions, with numerous at the collegiate level and including
many on the grounds of the University of Virginia.
Sullivan sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. W.D. Va. Case No. 25-50126) on March 6, 2025, listing
between $1 million and $10 million in both assets and liabilities.
Judge Rebecca Connelly oversees the case.
Paula Steinhilber Beran of Tavenner & Beran, PLC represents the
Debtor as legal counsel.
SWAIN LANDING: Hires VerStandig Law Firm as Counsel
---------------------------------------------------
Swain Landing LaPlata JC, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Columbia to employ The
VerStandig Law Firm, LLC d/b/a The Belmont Firm.
The firm will provide these services:
a. prepare and file all necessary pleadings, motions, and other
court papers, on behalf of the Debtor;
b. negotiate with creditors, equity holders, and other
interested parties;
c. represent the Debtor in any adversary proceedings, contested
matters, and other proceedings before this Honorable Court;
d. prepare a chapter 11 plan on behalf of the Debtor; and
e. tend to such other and further matters as are necessary and
appropriate in the prism of this case.
The firm will be paid at these rates:
Attorneys $500 per hour
Associates $250 per hour
Paralegals $100 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Verstanding 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:
Maurice B. VerStandig, Esq.
The Belmont Firm
1050 Connecticut Avenue, NW Suite 500
Washington, DC 20036
Tel: (202) 991-1101
Email: mac@dcbankruptcy.com
About Swain Landing LaPlata JC, LLC
Swain Landing LaPlata JC LLC operates as a land subdivider and
developer and holds an interest in the property at 10524 La Plata
Road, La Plata, Maryland, valued at $1.3 million. The Company has
lost this singular real estate asset due to rescission but believes
it may be able to avoid the rescission through rights under Chapter
5 of Title 11 of the U.S. Bankruptcy Code. If successful, Swain
Landing aims to develop the property and use the proceeds to pay
creditors.
Swain Landing LaPlata JC LLCsought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.C. Case No.
25-00184) on May 15, 2025. In its petition, the Debtor reports
total assets of $1,299,500 and total liabilities of $1,785,000.
Honorable Bankruptcy Judge Elizabeth L. Gunn handles the case.
The Debtors are represented by Maurice Verstandig, Esq. at THE
BELMONT FIRM.
TAMPA BRASS: Gets Another Extension to Access Cash Collateral
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Tampa Brass and Aluminum Corporation received interim approval from
the U.S. Bankruptcy Court for the Middle District of Florida to use
cash collateral until June 30, marking the seventh extension since
the company's Chapter 11 filing.
The seventh interim order authorized the company to pay the
expenses set forth in its budget from the cash collateral and grant
its secured creditors a post-petition lien on the cash collateral
to the same extent and with the same validity and priority as their
pre-bankruptcy liens.
The next hearing is set June 30.
About Tampa Brass and Aluminum Corporation
Tampa Brass and Aluminum Corporation --
https://tampabrass.com/about/ -- is a supplier of cast machined
parts for the commercial and defense industries. The company is
based in Tampa, Fla.
Tampa Brass and Aluminum filed Chapter 11 petition (Bankr. M.D.
Fla. Case No. 25-00105) on January 9, 2025. In its petition, the
Debtor reported between $1 million and $10 million in assets and
between $10 million and $50 million in liabilities.
Judge Roberta A. Colton oversees the case.
Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, P.A.
is the Debtor's legal counsel.
The U.S. Trustee for Region 21 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
TC SIGNATURE: T. Rowe Marks $14 Million 1L Loan at 19% Off
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T. Rowe Price OHA Select Private Credit Fund has marked its
$14,013,000 loan extended to TC Signature Holdings, LLC to market
at $11,351,000 or 81% of the outstanding amount, according to T.
Rowe's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to TC Signature
Holdings, LLC. The loan accrues interest at a rate of 14.06% per
annum. The loan matures on May 4, 2028.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About TC Signature Holdings, LLC
TC Holdings, LLC operates and manages retail stores in the U.S.
THG ACQUISITION: T. Rowe Virtually Writes Off $1.6MM 1L Loan
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T. Rowe Price OHA Select Private Credit Fund has marked its
$1,671,000 loan extended to THG Acquisition, LLC to market at
$68,000 or 4% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to THG Acquisition,
LLC. The loan accrues interest at a rate of 9.07% per annum. The
loan matures on October 31, 2031.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About THG Acquisition, LLC
THG Acquisition, LLC is a provider of a global technology platform
specialising in taking brands direct to consumers.
THG ACQUISITION: T. Rowe Virtually Writes Off $3.3MM 1L Loan
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T. Rowe Price OHA Select Private Credit Fund has marked its
$3,341,000 loan extended to THG Acquisition, LLC to market at
$42,000 or 1% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to THG Acquisition,
LLC. The loan accrues interest at a rate of 9.07% per annum. The
loan matures on October 31, 2031.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About THG Acquisition, LLC
THG Acquisition, LLC is a provider of a global technology platform
specialising in taking brands direct to consumers.
TINY FROG: Hires Country Boys as Auctioneer and Appraiser
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Tiny Frog, Inc. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Carolina to employ Country Boys Auction &
Realty, Inc. as auctioneer and appraiser.
The firm's services include:
a) preparing and conducting inventory of the Debtor's personal
property; and
b) appraising the Debtor's personal property and opining
regarding the likely auction value of the Debtor's property, such
value to be used by the Debtor in formulating a plan of
reorganization and supporting confirmation of the same.
The firm will be paid at these fees:
-- 20% of first $20,000;
-- 10% of next $50,000;
-- 8% of the balance.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Mike Gurkins
Country Boys Auction & Realty, Inc.
1211 W. 5th Street
Washington, NC 27889
Tel: (252) 946-6007
Fax: (252) 946-0460
About Tiny Frog, Inc.
Tiny Frog, Inc. operates multiple franchise locations of Hwy 55
Burger Shakes & Fries, a fast-casual dining chain specializing in
burgers, shakes, and fries, under franchise agreements with The
Little Mint, Inc.
Tiny Frog filed Chapter 11 petition (Bankr. E.D. N.C. Case No.
25-01081) on March 25, 2025, listing up to $50,000 in assets and up
to $10 million in liabilities. Alexis Ramos, president of Tiny
Frog, signed the petition.
Judge Joseph N. Callaway oversees the case.
David F. Mills, Esq., at Narron Wenzel, P.A., represents the Debtor
as legal counsel.
TR WELDING: Hires Intermountain Tax Services as Bookkeeper
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TR Welding, Inc. seeks approval from the U.S. Bankruptcy Court for
the District of Idaho to employ Laurel Schmidt of Intermountain Tax
Services Inc. as bookkeeper.
The firm will render monthly reconciliation reports if needed, and
tax preparation services.
The firm charges a flat rate of $1,200 for corporate tax
preparation and $50 per hour for bookkeeping services.
Mr. Schmidt 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:
Laurel Schmidt
Intermountain Tax Services Inc.
204 N. Greenwood Shoshone, ID 83352
Tel: (208) 886-9886
Email: id.taxes@gmail.com
About TR Welding, Inc.
TR Welding, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Idaho Case No. 25-40224-NGH) on April
11, 2025. In the petition signed by Todd Robinson, owner, the
Debtor disclosed up to $1 million in both assets and liabilities.
Judge Noah G. Hillen oversees the case.
Patrick J. Geile, Esq., at Foley Freeman, PLLC, represents the
Debtor as legal counsel.
D.L. Evans Bank, as secured creditor, is represented by:
Holly Roark, Esq.
Roark Law Offices
950 W. Bannock St. Ste. 1100
Boise, ID 83702
Phone: (208) 536-3638
Fax: (310) 553-2601
holly@roarklawboise.com
USIC HOLDINGS: T. Rowe Marks $2.5 Million 1L Loan at 79% Off
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T. Rowe Price OHA Select Private Credit Fund has marked its
$2,548,000 loan extended to USIC Holdings Inc. to market at
$536,000 or 21% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to USIC Holdings Inc.
The loan accrues interest at a rate of 9.81% per annum. The loan
matures on September 10, 2031.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About USIC Holdings Inc.
Headquartered in Indianapolis, Indiana, USIC is a leading provider
of outsourced infrastructure locating and marking services to
telephone, electric, natural gas, cable, fiber optic and water
utilities in the US. The company operates in 48 states in the U.S.
and one province in Canada. The company is privately owned by
private equity fund Partners Group and an investor group led by
Kohlberg & Company.
USIC HOLDINGS: T. Rowe Marks $5.3 Million 1L Loan at 46% Off
------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$5,365,000 loan extended to USIC Holdings Inc. to market at
$2,885,000 or 54% of the outstanding amount, according to T. Rowe's
Form 10-Q for the fiscal year ended March 31, 2025, filed with the
U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to USIC Holdings Inc.
The loan accrues interest at a rate of 9.56% per annum. The loan
matures on September 10, 2031.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About USIC Holdings Inc.
Headquartered in Indianapolis, Indiana, USIC is a leading provider
of outsourced infrastructure locating and marking services to
telephone, electric, natural gas, cable, fiber optic and water
utilities in the US. The company operates in 48 states in the U.S.
and one province in Canada. The company is privately owned by
private equity fund Partners Group and an investor group led by
Kohlberg & Company.
V820JACKSON LLC: Gets OK to Use Cash Collateral Until June 25
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The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division issued an interim order allowing V820JACKSON, LLC
to use the cash collateral of Huntington National Bank.
The interim order authorized the company to use its secured
creditor's cash collateral until June 25 to pay the expenses set
forth in its budget.
The budget projects total operational expenses of $209,073.17 for
June.
As protection, Huntington was granted replacement liens on the
company's personal property and proceeds, with the same validity,
priority, and extent as its pre-bankruptcy liens. It will also
receive an administrative claim in case of any diminution in the
value of its collateral.
As further protection, V820JACKSON was ordered to keep the bank's
collateral insured.
A final hearing is scheduled for June 25.
Huntington is represented by:
Andrew H. Eres, Esq.
Dickinson Wright PLLC
55 W. Monroe, Suite 1200
Chicago, IL 60603
Telephone: 312-641-0060
aeres@dickinson-wright.com
About V820Jackson LLC
V820Jackson, LLC is classified as a single-asset real estate debtor
under the definition set forth in Section 101(51B) of the U.S.
Bankruptcy Code.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-07228) on May 12,
2025. In the petition signed by Andrew P. Vaccaro, manager, the
Debtor disclosed up to $10 million in assets and up to $50 million
in liabilities.
Judge Michael B .Slade oversees the case.
Ariel Weissberg, Esq., at Weissberg and Associates, Ltd.,
represents the Debtor as legal counsel.
VELOCITY VEHICLE: S&P Downgrades Issuer Credit Rating to 'B+'
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S&P Global Ratings lowered its issuer credit rating on Velocity
Vehicle Group LLC to 'B+' from 'BB-'.
S&P said, "At the same time, we also lowered our issue-level rating
on the senior unsecured debt to 'B+' from 'BB-'. Our '4' recovery
rating on the company's senior unsecured is unchanged, indicating
our expectation of average (30%-50%; rounded estimate: 40%)
recovery in the event of a payment default.
"The stable outlook indicates that we expect leverage will remain
below 6x over the next 12 months as changes at its non-U.S.
operations drive slightly improved profitability."
The downgrade reflects weaker credit metrics due to softer industry
dynamics and execution missteps primarily at its non-US operations.
The ongoing freight recession continued to weigh on the company's
U.S. operating performance. Furthermore, supplier issues and
execution missteps resulted in weaker Australia and Canada
performance. The company's sales grew 8.8% in 2024, primarily from
acquisitions completed in late 2023, offset by a decline in new
truck sales. However, fiscal 2024 adjusted EBITDA margins declined
to 6.6% from 6.9% a year ago. This was due to higher floorplan
interest expense, lower profits in non-U.S. markets, and leasing
and rental (L&R) weakness. The company also made four acquisitions
throughout 2024, which adding more debt to the capital structure.
S&P said, "This led to an adjusted leverage position of 6.4x at
year-end 2024. Looking ahead, we believe the freight market will
remain soft throughout 2025, which will affect sales expansion and
profitability growth. We now expect leverage of 5.8x in 2025
compared with our initial expectation that the company could
deleverage to 5x or below by 2025."
S&P said, "We forecast minimal margin improvement due to soft
industry conditions and ongoing operational challenges in
international markets. We expect low-single-digits sales growth in
2025, primarily driven by benefits from acquired businesses in
2024, growth in parts and service, and improvements in
international dealerships. The ongoing freight recession will make
the operating environment challenging, particularly for new truck
sales. Furthermore, tariffs will weigh on overall trucking and
freight activity, which we believe will also affect new truck
demand. We forecast EBITDA margins to improve to 6.9% in 2025 from
6.6% in 2024 driven by improvements across Canadian and Australian
operations, sustained P&S earnings, and new acquisitions.
"Within Canada, the company is in the process of realigning its
cost structure to softer demand levels. We expect the realignment
to be completed in the back half of the year. In Australia, the
company experienced supply chain issues and is currently carrying
excess levels of inventory. We expect the inventory position to
normalize later this year, though the company will incur higher
floorplan expenses in the meantime. We anticipate these actions to
yield some savings, though there is some execution risk and it will
take time for savings to be fully realized.
"Given the weaker forecast profitability growth, the company's
deleveraging timeline will be extended. Furthermore, the potential
for a steeper sales recovery now seems unlikely given a potential
pullback in EPA and CARB regulations. We expect this will reduce a
prebuy of new trucks due to stringent emissions standards. Given
these factors, we now anticipate the company's leverage position to
be above 5x over our forecast horizon. Still, more relaxed
emissions standards will further delay the electrification of
commercial vehicles. This will benefit the company's business
longer term as parts and service opportunities are expected to be
more limited on electrified vehicles.
"We now expect the company to be more acquisitive as the company
has demonstrated a greater tolerance for acquisitions despite
weaker industry dynamics, company profitability, and stretched
credit metrics. The company made four debt-funded acquisitions in
2024 even as the freight recovery timeline continued to lengthen.
We had initially expected the company to deleverage to around 5x by
the end of 2025. However, given the pushout in metrics improvement
and financial policy decisions, we now believe the company is
comfortable maintaining leverage above 5x over the longer term. We
believe the company will remain opportunistically acquisitive given
its track record of inorganic expansion.
"In particular, we expect the company to continue focusing on
targets that increase its economies of scale within existing core
markets in the southwest U.S., southeast U.S., northwest Mexico,
and Australia. We also believe the company could look to add new
markets capable of forming regional platforms and targets with
opportunities for operational improvements. We would expect the
company to maintain leverage of below 6x over the longer term
inclusive of debt funded acquisitions.
"We expect the company to maintain leverage of below 6x and FOCF to
debt of above 3% over the next 12 months."
S&P could lower the ratings on the company if it believe leverage
would be sustained above 6x or FOCF to debt below 3% over the
longer term. This could happen if:
-- The company's operating performance materially deteriorates
beyond S&P's base case due to a combination of worsening
macroeconomic conditions, a further prolonging of the freight
recession, and significant operational execution missteps; or
-- The company's financial policy becomes even more aggressive
through greater debt-funded acquisitions or shareholder returns.
S&P could raise the ratings on the company if it believes leverage
would be sustained below 5x and FOCF to debt above 5% over the
longer-term. This could happen if:
-- The macroeconomic environment significantly improves and the
company is successful in turning around its non-U.S. operations
such that margins expand materially beyond our base case; and
-- S&P believed the company would commit to a more conservative
financial policy even through potential future distributions and
also through committing to fewer debt-financed acquisitions.
VIASAT INC: Andrew Sukawaty Resigns From Board
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Viasat, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that Andrew Sukawaty tendered
his resignation from the Board and all applicable Board committees,
effective immediately.
Mr. Sukawaty indicated that his decision to resign from the Board
was not the result of any disagreement with Viasat on any matter
relating to its operations, policies or practices. Viasat expressed
its gratitude to Mr. Sukawaty for his service as a director.
About Viasat Inc.
Headquartered in Carlsbad, California, Viasat, Inc. operates a
consumer satellite broadband internet business, an in-flight
connectivity business, and provides satellite and related
communications, networking systems, and services to government and
commercial customers. Inmarsat operates a satellite communications
network using L-band, Ka-band, and S-band spectrum and provides
voice and data services to customers on land, at sea, and in the
air.
As of December 31, 2024, Viasat had $15.6 billion in total assets,
$10.8 billion in total liabilities, and $4.8 billion in total
equity.
* * *
Egan-Jones Ratings Company on November 5, 2024, maintained its
'CCC+' foreign currency and local currency senior unsecured ratings
on debt issued by Viasat, Inc.
VIASAT INC: Inks New Stockholder Deal With WP Triton, 3 Others
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Viasat, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company entered into a
separate new stockholder agreement with Triton LuxTopHolding SARL
("Apax"), CPP Investment Board Private Holdings (4) Inc., Ontario
Teachers' Pension Plan Board and WP Triton Co-Invest, L.P. ("former
sellers"), which agreement supersede and replace the former
stockholders agreement.
Under each New Stockholder Agreement, so long as WP beneficially
owns at least 3% of the total outstanding Common Shares and each of
Apax, CPP and OTPP, respectively, beneficially owns at least 1% of
the total outstanding Common Shares, each of WP, Apax, CPP and
OTPP, as applicable, agrees to vote its Common Shares, subject to
certain exceptions relating to significant corporate transactions,
in accordance with the recommendations of the board of directors of
Viasat. In addition, the New Stockholder Agreements impose certain
transfer restrictions with respect to the Common Shares
beneficially owned by each of WP, Apax, CPP and OTPP, as well as
customary standstill limitations.
As previously reported, on May 30, 2023, the Company purchased all
of the issued and outstanding shares of Connect Topco Limited, a
private company limited by shares and incorporated in Guernsey,
pursuant to a Share Purchase Agreement, dated as of November 8,
2021, by and among Viasat, the shareholders of Inmarsat and the
other parties thereto in exchange for:
(i) cash consideration equal to $550.7 million, subject to
adjustments, and
(ii) approximately 46.36 million unregistered shares of common
stock, par value $0.0001 per share, of Viasat, upon the terms and
subject to the conditions set forth therein (the "Acquisition").
In connection with the Acquisition, simultaneously with the
execution and delivery of the Purchase Agreement on November 8,
2021, Viasat and the former sellers entered into a Stockholders
Agreement with respect to their holdings of Common Shares (the
"Former Stockholders Agreement").
As contemplated by the New Stockholder Agreements, the Former
Stockholders Agreement was terminated. The Former Stockholders
Agreement provided, among other things, that the Former Sellers had
the right to appoint up to two directors to the Board based on
their percentage holdings of Common Shares. In connection with the
termination of the Former Stockholders Agreement, the Former
Sellers no longer have such right.
The foregoing description of the New Stockholder Agreements does
not purport to be complete and is qualified in its entirety by
reference to the full text of the New Stockholder Agreements, which
are filed as Exhibits to the Current Report on Form 8-K available
at https://tinyurl.com/2s3ybsu8
About Viasat Inc.
Headquartered in Carlsbad, California, Viasat, Inc. operates a
consumer satellite broadband internet business, an in-flight
connectivity business, and provides satellite and related
communications, networking systems, and services to government and
commercial customers. Inmarsat operates a satellite communications
network using L-band, Ka-band, and S-band spectrum and provides
voice and data services to customers on land, at sea, and in the
air.
As of December 31, 2024, Viasat had $15.6 billion in total assets,
$10.8 billion in total liabilities, and $4.8 billion in total
equity.
* * *
Egan-Jones Ratings Company on November 5, 2024, maintained its
'CCC+' foreign currency and local currency senior unsecured ratings
on debt issued by Viasat, Inc.
VIAVI SOLUTIONS: Moody's Cuts CFR to Ba3 & Alters Outlook to Neg.
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Moody's Ratings has downgraded Viavi Solutions Inc.'s (Viavi)
corporate family rating to Ba3 from Ba2, probability of default
rating to Ba3-PD from Ba2-PD, and senior unsecured notes to B1 from
Ba2. Moody's also assigned a Ba1 rating to company's new senior
secured term loan B. The company's speculative grade liquidity
(SGL) rating was downgraded to SGL-2 from SGL-1. The outlook
changed to negative from ratings under review.
This action concludes the review for downgrade initiated on March
6, 2025, following the company's announced acquisition of Spirent
Communications plc's (Spirent) High-Speed Ethernet and Network
Security Business.
Viavi intends to use the net proceeds of the proposed $600 million
term loan B to finance the acquisition of Spirent Communications
plc's (Spirent) High-Speed Ethernet and Network Security Business
and replenish cash used to fund the $150 million acquisition of
Inertial Labs in January 2025. The Spirent acquisition is expected
to close by the end of July 2025, subject to regulatory approvals
in certain jurisdictions and other customary closing conditions.
"The downgrade of the CFR to Ba3 and negative outlook reflects
Viavi's very high leverage and willingness to make debt funded
acquisitions amid an improving, but still challenging operating
environment," says Justin Remsen, Moody's Ratings' Vice President.
"Gross leverage pro forma for the transaction including stock
compensation as an expense is over 8x. While Moody's expects end
markets to improve, there is a level of uncertainty in terms of the
timing and degree of recovery. Moody's base case assumes leverage
will decline toward the low 6x range by fiscal year ending June
2027, still high for the rating category," added Remsen.
RATINGS RATIONALE
The Ba3 CFR reflects Viavi's track record of free cash flow (FCF)
generation, solid, though declining profitability and limited
capital intensity. Viavi has a strong market position in certain
niche market segments, such as pigments used in anti-counterfeit
features in currency notes and optical filters used for 3D sensing
in smartphones. Moody's believes that the 3D sensing market
provides an important secular growth driver as 3D sensing becomes
more widely available across smartphones and other use cases. The
acquisition of Spirent's High-Speed Ethernet and Network Security
Business also enhances Viavi's Ethernet testing solutions,
advancing its software, hardware, and protocol knowledge across
network layers.
Viavi's revenue scale is small, and the underlying businesses are
narrowly focused, which can lead to revenue volatility,
particularly since Viavi derives a sizable portion of revenue from
cyclical end markets.
Revenues have been volatile over the past 18 months, especially in
network enablement where a slowdown in 5G deployments and lower
network maintenance led to a significant contraction starting in
2023. The trend began to turn in fiscal year 2025, bolstered by
improved demand from service providers, with an emphasis on fiber
monitoring systems. In addition, the 3D sensing filter and field
test instruments segments are exposed to larger adjacent
competitors in the broader market, such as Coherent Corp. and AMS
AG in 3D sensing modules and Keysight Technologies Inc in
electronic test measurement instruments and software.
The SGL-2 rating reflects Viavi's good liquidity, which is
supported by consistent FCF and a large cash balance. Moody's
expects that Viavi will produce annual FCF of at least $50 million
and maintain at least $400 million of cash on the balance sheet.
Given the FCF generation and large cash balance, the ABL Revolver
which will be resized from $300M to $200M and extended to mature 5
years from the close of Term Loan B will likely remain undrawn. The
company has a $250 million near term convertible note maturity in
March 2026.
The $600 million senior secured term loan B is rated Ba1, two
notches above the CFR, reflecting its seniority to $400 million in
unsecured notes and $250 million of convertible notes, but junior
to the company's extended and downsized $200 million ABL Revolver
(unrated). The senior unsecured notes are rated B1 reflecting the
junior rank to the ABL revolver and new senior secured term loan.
Instrument ratings assume that the company will refinance the
convertible note due March 2026 with unsecured debt.
The negative outlook reflects Moody's expectations that revenues
will increase in the low single digit percentage range over the
next 12 to 18 months. Moody's estimates leverage will decline from
over 8x to the low 6x range in fiscal year 2027, driven by
increased profitability and debt repayment.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Viavi's ratings could be upgraded if the company demonstrates
organic revenue growth above the mid-single digit percent level,
FCF to debt above 15%, and debt to EBITDA is sustained below 5.0x.
Viavi's ratings could be downgraded if the company is not on track
to reduce debt to EBITDA toward 6x (or 5x adding back stock based
compensation) in the next 12 to 18 months, FCF to debt is below the
high single digits percentages, or there is a deterioration of
liquidity.
Viavi Solutions Inc., based in Chandler, Arizona, makes network
test, monitoring, and assurance instruments and software for
communications services providers, enterprises, network equipment
manufacturers, and the aerospace industry. Viavi also makes
pigments used in currency notes to reduce counterfeiting risk and
makes optical filters primarily used in 3D sensing modules for
smartphones.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following:
Incremental pari passu debt capacity up to the greater of $245
million and 100% of LTM Consolidated EBITDA, plus unlimited amounts
subject to the greater of 3.0x First Lien Leverage Ratio and
leverage neutral incurrence. There is an inside maturity sublimit
up to the greater of $122.5 million and 50% of LTM Consolidated
EBITDA, plus incremental debt incurred with reallocated amounts
from the general debt basket. A "blocker" provision restricts the
transfer of material intellectual property to unrestricted
subsidiaries. The credit agreement is expected to provide some
limitations on up-tiering transactions, requiring affected lender
consent for amendments that subordinate or have the effect of
subordinating the debt or liens unless such lenders can ratably
participate in such priming debt.
The principal methodology used in these ratings was Diversified
Technology published in February 2022.
VT TOPCO: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
--------------------------------------------------------
Fitch Ratings has affirmed VT Topco, Inc.'s (Veritext; d/b/a as
Veritext Legal Solutions) Long-Term Issuer Default Rating (IDR) at
'B' as well as its first-lien senior secured debt at 'B+' with a
Recovery Rating of 'RR3' following the proposed add-on to its
existing term loan. The Rating Outlook is Stable.
Veritext plans to raise a $350 million incremental term loan,
fungible with its existing loan, to fund a shareholder dividend.
Fitch has anticipated this dividend recapitalization, which is
manageable at the current rating given the company's leveraging
headroom and deleveraging capacity.
Veritext's IDR reflects its scale and leading position in the
niche, fragmented court reporting industry, its ability to grow
revenue organically and through acquisitions, and its diversified
customer base. With private equity ownership focusing on expansion
and ROE optimization rather than debt reduction, leverage is
expected to remain near historical levels, in the 5.0x-6.0x range.
Key Rating Drivers
Limited Expected Deleveraging: Fitch assumes that Veritext will
prioritize shareholder returns over material deleveraging. Fitch
expects the announced dividend recapitalization for $350 million to
increase leverage to 5.8x. Fitch forecasts leverage in the low
range of 5.0x-5.5x by YE 2026, compared with 4.9x in 2024 and 5.5x
in 2023 pro forma for acquisitions, highlighting the company's
sound deleveraging capacity.
Well Positioned in Fragmented Industry: Veritext's scale as the
largest court reporting company and its national presence, brand
recognition, technology capabilities and breadth of services,
relative to thousands of local competitors, should position it well
to continue to consolidate its highly fragmented market. Although
barriers to entry are low, scale and technology capabilities should
provide benefits for servicing customers.
Good Client Retention and Diversification: The company displays
solid client retention, which it estimates at a 95% rate, and has
contributed to consistent organic growth. Pricing risk is low and
mitigated due to court reporting services representing a small
percentage of overall litigation costs. A broadly diverse customer
base should minimize idiosyncratic risks associated to a single
customer and result in low revenue volatility. Service contracts
are not widely used in the industry.
M&A Risk Manageable: The company's acquisition strategy focuses on
expanding market presence through targeted, small-scale deals,
generating single-digit million-dollar revenues on average, that
integrate into or expand Veritext's geographic footprint. These
acquisitions are primarily funded organically. Fitch anticipates
that free cash flow will continue to support inorganic investments,
with any leveraging pressure more likely stemming from shareholder
returns.
Positive Pre-Dividend Free Cash Flow: The company generates solid
free cash flow (FCF), which should be sufficient to fund its
inorganic growth strategy of tuck-in acquisitions. Fitch projects
Veritext's pre-dividend FCF margin to average in the double digits
through 2027. Underlying these assumptions is capex intensity of
about 3.0% of net revenue, with most of it attributed to product
development.
Peer Analysis
Veritext is the largest court reporting company in terms of revenue
and one of a handful competing at the national level. It has a
large and diversified customer base with no major customer
concentration. Financial metrics of national peers are unknown as
they are private. Veritext's revenue scale is lower when compared
with the median of a subset of business services and technology
companies rated by Fitch in the 'B' category, while its EBITDA is
close to in line as Veritext is more profitable. Leverage against
this subset is broadly in line at around 5.5x.
The industry stability of court reporting industry is similar to
accounting services. Compared with Eisner Advisory Group
(B/Stable), which is an accounting firm that is also private
equity-owned, Veritext has a roll-up strategy expected to be funded
mostly through FCF. Both are expected to sustain EBITDA leverage in
the 5x to 6x range. Accounting firm CohnReznick (B/Stable) is
smaller than Veritext, but more conservatively capitalized.
Key Assumptions
- Revenue increases in the low double digits as a result of organic
growth and acquisitions;
- Adjusted EBITDA margins in the 33%-34% range;
- About USD75 million a year continues to be spent in
acquisitions;
- Capex of about 3.0% of net revenue a year;
- Excess cash flow after acquisitions returned to shareholders.
Recovery Analysis
- The recovery analysis assumes that Veritext would be recognized
as a going concern in bankruptcy rather than liquidated;
- Fitch assumed a 10% administrative claim;
- Fitch also assumed the revolving facility to be fully drawn.
Going Concern Approach
- Bankruptcy could occur if Veritext faced some combination of
intense competitive price pressure, cost pressures or change in mix
that reduces margins to a point that it becomes difficult for the
company to service its obligations and continue to execute its
business plan. In such a scenario, Fitch assumes Veritext's going
concern EBITDA would fall to around USD250 million;
- The going concern EBITDA estimate reflects Fitch's view of a
sustainable, post-reorganization EBITDA level upon which Fitch
bases the enterprise valuation;
- An enterprise value multiple of 5.5x EBITDA is applied to the
going concern EBITDA to calculate a post-reorganization enterprise
value. The choice of this multiple considers industry M&A
transactions, transactions and trading multiples of comparable
industries and historical bankruptcy case study exit multiples for
companies in the telecommunications, media and technology sector
where business services companies such as Veritext reside;
- The recovery analysis results in a 'B+'/'RR3' issue and recovery
ratings for Veritext's secured debt.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Expectations of EBITDA leverage sustaining above 6.0x due to
operational underperformance or capital allocation policy;
- EBITDA/interest coverage sustaining below 2x;
- (Cash flow from operations [CFO]-capex)/debt sustaining below
5%;
- Sustained EBITDA margins below 30%;
- Erosion in revenue retention rates resulting in revenue decline.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Sustaining EBITDA leverage solidly below 5.0x;
- (CFO-capex)/debt sustaining near 7.5%;
- Sufficient financial flexibility for Veritext to pursue strategic
actions without a major deviation in credit metrics.
Liquidity and Debt Structure
The company's liquidity is supported by expectations of positive
pre-dividend FCF, which should be more than sufficient to fund the
company's tuck-in acquisition strategy. Veritext faces no large
debt maturities until 2030. As of March 31, 2025, the company had
$125 million available under its senior secured revolver and held
some cash on its balance sheet.
The company's debt consists of USD928 million in a senior secured
term loan B due 2030 amortizing at 1% a year, $500 million of
senior secured notes due 2030 and the untapped senior secured
revolver maturing in 2028. (CFO-capex)/debt was 6.2% in 2024 and is
forecast to decline slightly in 2025, before returning to levels
above 6% in 2026. Interest coverage was 2.4x in 2023 and is
projected to remain at or above 2.0x over through 2027.
Issuer Profile
Veritext operates as a court reporting firm providing transcripts
of testimony from depositions, arbitrations and other events
principally to the legal profession throughout the U.S. and
Canada.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
VT Topco, Inc. LT IDR B Affirmed B
senior secured LT B+ Affirmed RR3 B+
VT TOPCO: Moody's Affirms 'B2' Corp. Family Rating, Outlook Stable
------------------------------------------------------------------
Moody's Ratings affirmed VT Topco, Inc.'s (Veritext) B2 corporate
family rating and B2-PD probability of default rating.
Additionally, Moody's affirmed the senior secured first lien bank
credit facilities (consisting of a $928 million term loan due 2030,
and a $125 million revolving credit facility expiring 2028) and
$500 million senior secured first lien notes due 2030 at B2.
Veritext intends to upsize the senior secured term loan B by $350
million to $1,283 million. The outlook is stable. Veritext is the
largest deposition and litigation support solutions provider to the
US and Canadian legal industry.
Proceeds from the proposed incremental term loan, along with cash,
will be used to fund a $350 million shareholder distribution, as
well as related transaction fees and expenses.
"Although debt/EBITDA leverage will be high following the announced
debt funded distribution, the ratings affirmation reflects Moody's
expectations that Veritext will produce strong revenue growth with
EBITDA margins of over 30% during the next 12 to 18 months, which
will drive the company's debt/EBITDA leverage back to a level more
consistent with the B2 rating," said Brian Cassidy, Moody's Ratings
Analyst. Cassidy continued: "However, Moody's views Veritext's debt
funded distribution as an example of aggressive financial
strategies and a negative credit development, given the increase in
debt that weakens the company's credit metrics."
RATINGS RATIONALE
The B2 CFR reflects Veritext's high debt/EBITDA leverage of over
6.0x (after Moody's standard adjustments and pro forma for the
proposed transaction) as of March 31, 2025. Veritext has a high
interest expense burden that limits free cash flow generation and
an acquisitive growth strategy that may result in incremental debt
borrowings. The ratings also reflect the company's modest, albeit
growing, scale and narrow service scope as a provider of deposition
and Alternative Dispute Resolution (ADR) services in the fragmented
legal services industry with revenue of $847 million for the twelve
months ended March 31, 2025. Veritext recently expanded into the
ADR business and offers access to an additional revenue stream and
opportunity in a new market estimated to be over $10 billion in
size. The company has an aggressive financial policy as evidenced
by its acquisitive appetite and previous debt funded dividends to
its private equity owners. However, Veritext has been prudent in
financing M&A through excess cash while deleveraging over time, as
well as balanced in returning cash to shareholders.
The credit profile benefits from the company's leading position as
a deposition and litigation support solutions provider in the US
and Canada. Support is also provided by its solid and market
leading remote technology platform as well as its ongoing
investments in AI and tech enabled services that are driving client
satisfaction, competitive advantage, and profit margins. The
company sustains high customer retention rates and has a diverse
customer base. Veritext generates strong operating margins and
positive cash flows with a largely variable cost structure and a
good liquidity profile. The legal services market tends to be
fairly resilient to economic cycles. Moody's expects that Veritext
would be able to maintain growth if GDP growth slowed in the US.
Since Veritext's debt capital structure consists of only senior
secured first lien debt, the term loans, notes, and revolver are
rated B2, the same as the company's B2 CFR.
The company's very good liquidity profile is underpinned by its
healthy cash balances, steady free cash flow generation and full
availability of its revolving credit facility. Moody's expects
annual free cash flow generation of at least $100 million and
approach 5% of debt during the next 12 to 15 months. After the
proposed transactions close, Moody's expects the company will have
roughly $40 million of balance sheet cash and the $125 million
revolver will remain undrawn and fully available. The revolving
credit facility, which expires in 2028, contains a springing
maximum first lien net leverage ratio, tested quarterly when
revolver usage is 35% or more. Moody's expects the company to have
a healthy cushion if tested.
The stable outlook reflects Moody's expectations that Veritext will
continue to produce organic annual revenue growth between 3% - 5%
and EBITDA margins of over 30%, bringing debt/EBITDA down towards
5.5x during the next 12 to 18 months. Moody's also expects the
company to maintain a very good liquidity profile with low revolver
usage and strong free cash flow generation.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if debt/EBITDA leverage decreased and
was sustained below 5x while producing strong organic revenue
growth and profitability margins. Maintaining a strong liquidity
profile, with FCF/debt approaching the high single digit percentage
range, along with a commitment from management to operate under a
more conservative financial policy would also be required for an
upgrade.
The ratings could be downgraded if there is a deterioration in
organic revenue growth or profitability margins, leading
debt/EBITDA to be sustained above 6x. The ratings could also be
downgraded if the company's liquidity position and cash flow
profile became weaker or if its aggressive acquisition strategy
began to result in operational disruptions.
Veritext, headquartered in Livingston, NJ, is owned by CVC Capital
Partners, Leonard Green & Partners and GIC, with CVC being the
majority shareholder. The company generated $847 million in revenue
for the twelve months ended March 31, 2025.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
W.D. TOWNLEY: To Sell Henderson Property to Craig's Ranch $383K
---------------------------------------------------------------
W.D. Townley Lumber Co., Inc., d/b/a/ Townley Lumber Co. (Townley)
and affiliates, Townley Pallet Manufacturing, LLC (TPM) and TLC
Transportation, L.L.C. (TLC), seek approval from the U.S.
Bankruptcy Court for the Northern District of Texas, Fort Worth
Division, to sell Property, free and clear of liens, interests, and
encumbrances.
The Debtors are headquartered in Henderson, Texas where they
conduct their lumber milling operations. Townley Lumber mills
lumber for construction of pallets. TPM owns the real property upon
which milling operations are conducted. TLC Transportation hauls
pallets by the truckload to customer locations.
Townley Lumber is owed by Billy Joe Townley and his daughter,
Aleigh Townley, and owns one hundred percent of TPM which in turn
owns one hundred percent of TLC.
Included among the assets of the TLC bankruptcy estate are
semi-trucks and trailers used to haul custom pallets crafted by
Townley Lumber.
Debtors have identified and isolated approximately $100,000.00 of
monthly expenses associated with the maintenance of the pallet
transportation fleet.
In order to eliminate this cash drain on the Debtor's resources,
the Debtors have considered an array of alternatives and arrived at
the conclusion the transportation operations conducted by TLC
should be outsourced to a third-party. With this change of business
model, the Assets will no longer be essential to the Debtor's
business.
Debtors have located a purchaser for the Assets which has an
affiliated trucking company which has agreed to provide freight
transportation services to Townley Lumber on a priority basis.
Purchaser Craig's Ranch LLC has agreed to purchase the Assets for
the sum of $383,315.10 and TLC has agreed to finance the purchase
over a period of 60 months with interest at the rate of 6.5% per
annum.
HMS Equip LLC, an affiliate of Purchaser, has agreed to provide
freight transportation services to Townley Lumber on a priority
basis at rates which are locked in for a period of five years.
Debtors believe the consideration proposed to be paid by Purchaser
represents the fair market value of the Assets. Further, the
transportation services proposed to be provided by Carrier makes
the transaction even more compelling.
The losses of approximately $100,000.00 experienced monthly by the
Debtors make outsourcing of the transportation function imperative.
With the agreements reached with Purchaser and Carrier, TLC will
receive the value of the Assets and Townley Lumber will continue to
ship its custom-made pallets to customers in a timely manner.
About W.D. Townley Lumber Co., Inc.
W.D. Townley and Son Lumber Company Inc. and affiliates operate a
lumber milling business. Townley Lumber processes lumber used for
pallet construction. TPM owns the property where the milling
operations take place. TLC Transportation transports pallets in
truckloads to customer locations.
W.D. Townley and Son Lumber Company Inc. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Lead Case
No. 25-41053) on March 26, 2025. In its petition, the Debtor
reports estimated assets and liabilities between $1 million and $10
million each.
Honorable Bankruptcy Judge Edward L. Morris handles the case.
The Debtor is represented by Joseph Fredrick Postnikoff, Esq. at
ROCHELLE McCULLOGH, LLP.
WALKER AREA: Gets Interim OK to Use $67,892 in Cash Collateral
--------------------------------------------------------------
Walker Area Community Center, Inc. got the green light from the
U.S. Bankruptcy Court for the District of Minnesota to use cash
collateral through July 29.
The order penned by Judge William Fisher authorized the interim use
of up to $67,892 in cash, including potential cash collateral of
First National Bank North, East Otter Tail Telephone Company
(Arvig), and the U.S. Small Business Administration.
As protection, the pre-bankruptcy lenders will be granted
replacement liens on assets acquired by Walker after the petition
date, with the same priority and extent as their pre-bankruptcy
liens.
About Walker Area Community Center Inc.
Walker Area Community Center Inc. operates a community facility in
Walker, Minnesota, located at 105 Tower Ave E. The light industrial
property includes a gym, exercise space, seasonal ice arena, locker
rooms, meeting rooms, and offices. It supports activities for the
Boys & Girls Club, Rotary meetings, hockey and curling leagues, as
well as year-round basketball, pickleball, and fitness programs. As
of Nov. 18, 2024, the property was appraised at $1.25 million based
on comparable sales.
Walker Area Community Center Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Minn. Case No. 25-50310) on May
2, 2025. In its petition, the Debtor reported total assets of
$1,409,049 and total liabilities of $1,956,152.
Judge William J. Fisher handles the case.
The Debtor is represented by Steven R. Kinsella, Esq., at
Fredrickson & Byron, P.A.
WATCO COMPANIES: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
---------------------------------------------------------------
Fitch Ratings has affirmed Watco Companies, LLC's Long-Term Issuer
Default Rating (IDR) at 'B' and its senior unsecured debt at 'B+'
with a Recovery Rating of 'RR3'. The Rating Outlook is Stable.
Watco's rating reflects its well-established network of
transportation assets, diversified market exposure and integral
role in the North American industrial supply chain supporting
through-the-cycle cash flows. Its rail and port assets provide
cost-advantaged transport to lower-cost, bulk producers, mainly
linked to non-discretionary commodities.
Terminal assets have customer- and site-specific capabilities that
reduce substitution risk and heighten switching costs. Cash flow
risks are mitigated by considerable contractual coverage with
cost-linked provisions and repricing opportunities. The operational
and cash flow risk profiles align with or exceed 'BB' category
characteristics.
Fitch's rating case forecasts EBITDA leverage in the mid-7x-8x
range, including preferred shares, and EBITDA coverage and
FFO-fixed-charge coverage in the 3x and low-2x range, respectively,
consistent with 'B' rating tolerances.
Key Rating Drivers
Leverage Sub-8x; Coverage Above 3x: Fitch forecasts EBITDA
leverage, including preferred shares, to decline to the mid-7x-8x
range following the upsize to Watco's unsecured notes in 2024 and
the acquisition of Great Lakes Central Railroad (pending regulatory
approval) expected in mid-2025. Watco has historically funded most
of its growth through equity raises, and the evolution of its
leverage profile will depend on its future funding mix. The low
burden of cash distributions from the preferred share structure
results in forecast EBITDA interest coverage and FFO fixed-charge
coverage in the 3x and low-2x range, respectively.
Management has demonstrated a commitment to manage funded
debt-to-EBITDA, excluding preferred shares, in the 3.5x-4.5x range,
and expects discretionary capex to continue to be funded with a
combination of common and preferred equity.
Short-Line Rail Freight Resilience: Rail freight transportation has
proven essential to the economy's supply chains and, as a result,
has historically shown resilience to economic cycles, which are
influenced by industrial, commodity and consumer markets. Rail is
the most cost-effective transport mode with continuous national
reach, and short-line rails are a critical link in the first and
last mile of the rail freight network.
Watco's stability is underpinned by its established portfolio of
diverse, non-replicable rail assets. Short-line railroads provide
more bespoke services to customers to ensure that rail is an
efficient option for shippers, further supporting its core role in
the supply chain. Stability in this sector is supported by
management's strategic focus on lower-cost producers and the
average customer relationship tenure of 30+ years, including
service prior to Watco ownership.
Debt-Like Preferred Shares: The preferred shares structure contains
debt-like features, including maturity and coupon characteristics,
under Fitch's "Corporate Hybrids Treatment and Notching Criteria,"
which increases Fitch-calculated leverage metrics. Fitch recognizes
that the preferred shares provide flexibility to defer cash
dividends in a stressed scenario and benefit recovery for secured
and unsecured debt. Watco has a history of incorporating series of
preferred shares within its capital structure, and its financial
profile could strengthen if existing shares are replaced with
equity-like securities.
Contracts Moderate Margin Risks: Watco's Port & Terminal segment
has moderated through-the-cycle margin and cash flow variability
due to its contract mix, cost-linked terms, and ties to low-cost
supply sources, which help shield against fluctuations in commodity
price-linked volumes. More than half of EBITDA in this area is from
fixed/minimum volume contracts with an average length of nine
years, providing a stable revenue base. Watco enters contracts that
limit volume risk when investing in site-specific infrastructure to
support a return on invested capital. It is not directly exposed to
commodity price risk but can be affected by the economics in
certain geographies.
Positive Discretionary FCF: Fitch forecasts mildly positive FCF,
excluding growth capex and associated grants, with excess cash
allocated toward capital reinvestment and measured dividends. Cash
flow is supported by the unique operational capabilities and
efficiency-oriented services at the company's terminals that
enhance pricing and increase switching costs, as well as Watco's
resilient rail pricing structure. Fitch recognizes the size and
timing of growth investment relative to revenue can result in
prolonged periods of negative FCF. However, the approach to risk
management, including returns-based investment decisions and
contractual terms, is favorable.
Diversification Mitigates Cyclicality: Watco is highly diversified
across markets and customers, mitigating the impact of
idiosyncratic risks on cash flow. Individual markets are exposed to
cyclicality from industrial production and changes in commodity
flows across geographies in which it operates; however, cash flows
have proven resilient through macroeconomic shocks due to strategic
diversification. Short-line rails do not carry intermodal freight,
which is subject to competition from trucking and discretionary
consumer demand. Fitch believes Watco's diverse transportation
network is well-positioned to maintain operational and cash flow
stability through economic cycles.
Peer Analysis
Fitch compares Watco to NA Transportation Hold Co. LLC (d/b/a:
Patriot Rail; B+/Stable), another a short-line rail operator, as
both companies benefit from the defensibility of their asset
network leading to a favorable through-the-cycle cash flow profile.
Watco's rail operations are larger and consequently more
diversified than Patriot's; however, it derives a larger portion of
earnings from non-rail operations which can be comparatively more
variable.
Watco's credit metrics include preferred shares which Fitch treats
as 100% debt under its criteria. Watco's EBITDA leverage is
expected to trend in the high-7x to 8x range, and its FFO coverage
and EBITDA coverage are forecast in the low-2x and 3x range,
respectively. Patriot's leverage in the mid-5x range and its EBITDA
coverage around 2.5x are stronger than Watco's metrics, leading to
the one-notch differential.
Fitch also compares Watco to truck-based transportation and
environmental services peers Forward Air (B/Negative) and Waste Pro
USA, Inc. (B+/Stable). Watco's rail, port and terminal
transportation services have advantages over trucking due to high
barriers to entry afforded by its expansive asset network and lower
cost base relative to truck operators. Waste Pro's collection model
also has lower barriers to entry, but its multiyear contracts with
customers are a relative strength. Forward Air is expected to
operate with leverage between 4x and 5x at the 'B' rating level,
and Waste Pro in the high-4x range at 'B+'.
Key Assumptions
- Organic revenue growth is forecast in the low-to-mid-single-digit
range, driven by a mix of yield improvements, low-single-digit
growth in volumes, and in-progress network expansion;
- EBITDA margin is forecast to remain in the high teens, supported
by continued pricing improvements and contract renegotiations at
main sites;
- Preferred and common equity cash distributions held at historical
rates;
- Gross maintenance capex (before grants or subsidies) at about
9%-10% of revenue through the forecast, and expansionary capex
expected to remain opportunistic;
- SOFR rates assumed at 4.3% in 2025, stabilizing around 3.7%
thereafter.
Recovery Analysis
The Recovery Rating assumes that Watco would be reorganized as a
going concern in a bankruptcy scenario rather than liquidated. A
10% administrative claim on the enterprise value is assumed.
The going concern EBITDA estimate reflects Fitch's view of a
sustainable, post-reorganization EBITDA level on which Fitch bases
the enterprise valuation. The going concern EBITDA estimate of $225
million reflects a hypothetical scenario in which the business
faces a material, sustained decline in demand at one or more of its
subsectors/markets or a severe downturn in North American
industrial production.
An enterprise valuation multiple of 7x is applied to the going
concern EBITDA to calculate post-reorganization enterprise value.
This multiple considers Watco's through-the-cycle cash flow profile
derived from its diversified geographic and end-market mix,
advantaged asset network, and strong position in the North American
industrial supply chain. It also considers valuation multiples for
comparable rail and terminal assets.
The secured credit facility receives priority above the unsecured
notes in the distribution of value in the recovery waterfall. Fitch
has excluded the remaining 2027 notes not redeemed as part of the
2024 tender offer from the recovery waterfall. The outstanding 2027
notes are expected to be redeemed on the par call date, per the
initial use of proceeds. The Recovery Rating analysis results in a
'B+'/'RR3' recovery for the unsecured notes.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA interest coverage sustained below 2x;
- Heightened liquidity risk indicated by sustained revolver
availability below 25% or a shift toward payment-in-kind-only
distributions;
- Fitch-defined EBITDA leverage sustained above 8.5x, including a
material change in funding strategy;
- A shift in the funding mix toward secured or unsecured debt could
impact the recovery on unsecured notes.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch-defined EBITDA leverage sustained below 6.5x, including a
material change in funding strategy or capital structure mix;
- EBITDA interest coverage or FFO fixed-charge coverage sustained
above 2.5x;
- Stronger liquidity position, including at least 75% available on
the revolver.
Liquidity and Debt Structure
Watco has adequate liquidity as of 1Q25, consisting of $400 million
available on the revolver ($185 million net available based on
leverage) and $5 million cash on hand. The revolver matures in
August 2029, followed by the 2027 and 2032 senior unsecured notes;
there are no material maturities before the revolver.
Issuer Profile
Watco provides a diverse set of transportation and supply chain
services across North America and Australia. The company owns and
operates over 7,000 miles of short-line railroad and 78 terminals
and ports.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Watco Companies, LLC LT IDR B Affirmed B
senior unsecured LT B+ Affirmed RR3 B+
WAYPOINT ROOFING: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division issued an interim order allowing Waypoint Roofing
& Construction, Inc. to use cash collateral.
The interim order signed by Judge Tiffany Geyer authorized the
company to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee for
quarterly fees; the expenses set forth in the budget, plus an
amount not to exceed 10% for each line item; and additional amounts
expressly approved in writing by secured creditor, the U.S. Small
Business Administration.
As protection, secured creditors including Samson MCA, LLC, Fox
Funding Group, LLC, and QFS Capital were granted post-petition
replacement liens with the same validity, priority, and extent to
their pre-bankruptcy liens.
As further protection, Waypoint was ordered to keep its property
insured as required under its agreements with secured creditors.
The next hearing is scheduled for Aug. 7.
About Waypoint Roofing & Construction
Waypoint Roofing & Construction Inc. filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-00874) on February 14, 2025.
Judge Tiffany P. Geyer presides over the case.
Michael Faro, Esq., at Faro & Crowder, PA represents the Debtor as
legal counsel.
WAYPOINT ROOFING: Unsecureds to Get 100 Cents on Dollar in Plan
---------------------------------------------------------------
Waypoint Roofing & Construction Inc., filed with the U.S.
Bankruptcy Court for the Middle District of Florida a Plan of
Reorganization for Small Business dated May 15, 2025.
The Debtor is a Florida corporation organized effective December
10, 2021. Debtor is a roofing contractor providing residential and
commercial services.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $968,439.60. The final
Plan payment is expected to be paid on September 15, 2030 if
confirmed under 1191(a), September 15, 2028 if confirmed under
1191(b).
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 100 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 7 consists of All non-priority unsecured claims. Class 7
includes Claim 5 ($21,632.48) and Claim 6 ($2,040.00), and it is
anticipated that Debtor will file a claim for ABC Supply Co. Inc.
in the amount of $218,659.49, for a class total of $242,331.97. If
confirmed under 1191(a) Debtor will make 59 payments of $4,038.87
and a final payment of $4,038.64, divided pro rata among the
members of the class.
If confirmed under 1191(b) Debtor will dedicate its disposable
monthly income for a period of three years from the Effective Date.
While Debtor's financial projections anticipate that these claims
could be paid in full in that time, post-petition revenues have not
met expectations. Debtor anticipates an increase in revenues, and
roofing is historically slow until the rainy season starts.
Class 8 consists of Equity interests of Michael Brandon Cogdill and
April L. Elrod in the Debtor. The equity interests of Michael
Brandon Cogdill and April L. Elrod will be unimpaired.
Class 9 consists of Equity interests of Antonion Hernandez-Tablas.
Antonio Hernandez-Tablas will surrender his equity interests in the
Debtor and any claims he has or may have against the Debtor in
exchange for the Debtor releasing any claims it may have against
him and resolving debts guaranteed by him.
The Debtor intends to implement the Plan by retaining the property
of the estate and continuing to operate. Debtor does not intend to
sell off any raw materials or equipment in order to fund the Plan.
Debtor anticipates that on the Effective date of the Plan Debtor
will have sufficient funds to pay the administrative expenses,
priority/secured tax claim of the Brevard County Tax Collector
(Claim 2), and the allowed secured claims of QFS Capital, LLC
(Claim 7) and Fox Funding Group, LLC (Claim 8).
A full-text copy of the Plan of Reorganization dated May 15, 2025
is available at https://urlcurt.com/u?l=jo3i6q from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Michael Faro, Esq.
Faro & Crowder, PA
700 N. Wickham Rd, Suite 205
Melbourne, FL 32935
Phone: (321) 784-8158
Email: mfaro@farolaw.com
About Waypoint Roofing & Construction
Waypoint Roofing & Construction Inc. filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-00874) on February 14, 2025.
Judge Tiffany P. Geyer presides over the case.
Michael Faro, Esq., at Faro & Crowder, PA, is the Debtor's legal
counsel.
WILL NOT: To Sell Miami-Dade Properties to Newgard Development
--------------------------------------------------------------
Will Not Sell, LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida, Miami Division, to sell real
properties, free and clear of liens, interests, and encumbrances.
The Debtor owns several real properties that are located in
Miami-Dade County, Florida.
The Debtor enters into a contract with buyer, Newgard Development
Group, to purchase the property for the sum of $7,000,000.00.
The first and only mortgagee JJS Capital Group's final judgment
entered on November 14, 2024 for $2,810,617.10 and mortgage shall
be satisfied in full at closing through a proper payoff quote
provided by Creditor good through the close of escrow.
The Debtor proposes to sell the Properties in an efficient and
organized manner to maximize the value and benefit to creditors of
the Debtor's estate. The Debtor believes that it can maximize such
value through the sale.
About Will Not Sell LLC
Will Not Sell LLC is a limited liability company.
Will Not Sell LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-10198) on January 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Robert A. Mark oversees the case.
Sagre Law Firm, P.A. represents the Debtor as counsel.
WIN PRODUCTIONS: Court OKs Vehicle Sale in Auction
--------------------------------------------------
The U.S. Bankruptcy Court for the Central District of Illinois, has
approved Win Productions LLC to sell Property, free and clear of
liens, interests and encumbrances.
The Court has authorized the Debtor to proceed with the sale of any
remaining personal property by marketing and online auction to be
conducted by Thomas Walsh of Aumann Auctions to commence on May 14,
2025 and be concluded by June 9, 2025 at 5:00 pm CST at the
following website: www.aumannauction.com.
Such Personal Property include but are not limited to the
following:
2002 Chevy Silverado 2500 VIN ending in 1552
2003 GMC Kodiak 6500 Truck - Flatbed VIN ending in 0099
2007 Chevy Silverado 3500 pickup - flatbed VIN ending in 5033
2014 GMC Sierra 1500 VIN ending in 9422
2014 GMC Sierra 1500 VIN ending in 5715
2015 Western Start 4900FA semi tractor VIN ending in 3161
2012 Volvo VNL670 semi tractor VIN ending in 4625
2001 Volvo VIN ending in 7013
2012 Wilson PS50CL 411P livestock trailer VIN ending in 2008
2010 Wilson PSADL 400P livestock semi trailer VIN ending in 8873
2010 PSADL 400P livestock semi trailer VIN ending in 9105
2014 Wilson PS50CL 411P livestock semi trailer VIN ending in 4225
2013 Wilson PS50 CL 411P livestock semi trailer VIN ending in 2592
2007 Wilson PSADL 4009 2 deck livestock trailer VIN ending in 3127
1998 Great Dane Van semi trailer VIN ending in 5704
1998 Gooseneck Trailer VIN ending in 9232
2013 Wilson semi trailer VIN ending in 1991
2013 Wilson semi trailer VIN ending in 0254
1977 Fruehalf Tank Tanker VIN ending in 8101
1995 Transcraft semi trailer VIN ending in 8292
2015 New Holland T8.410
2015 New Holland T7.230 Loader Duals
Manure Pump, Farm star JD 6090H
Manure Pump
LWT inc hose reel
Hydro Engineering hose reel HCT068
Manure Injector applicator
30ft Lagoon Agitator
John Deere SkidSteer 240
Bucket
Forks
John Deere 2040 Loader Tractor
Trailerman Car trailer 18ft
zScag zero Turn Mower
John Deere Zero Turn Mower Z85OA
Cub Cadet Mower LTX1050
The sale of the Personal Property free and clear of any interest,
claims, liens and encumbrances.
The Debtor is further authorized to execute any and all documents
necessary to sell and transfer the Personal Property.
About Win Productions LLC
Win Productions, LLC, filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No.
24-70901) on Nov. 9, 2024, listing $1 million to $10 million in
assets and $10 million to $50 million in liabilities. The petition
was signed by Wyatt Bradshaw as authorized manager.
Judge Mary P. Gorman presides over the case.
Jeana K. Reinbold, Esq., at Sgro, Hanrahan, Durr, Rabin & Reinbold,
LLP, is the Debtor's counsel.
WW INTERNATIONAL: Galloway Capital Holds 2.87% Stake as of May 22
-----------------------------------------------------------------
Galloway Capital Partners, LLC and Bruce Galloway disclosed in a
Schedule 13D (Amendment No. 2) filed with the U.S. Securities and
Exchange Commission that as of May 22, 2025, they beneficially
owned 2,999,000 shares of WW International, Inc.'s Common Stock,
$0.01 par value per share, representing 2.87% of the class.
Galloway Capital Partners, LLC acquired 2,999,000 shares of Common
Stock in open market purchases from June 2024 through April 2025.
The aggregate purchase price for the shares of Common Stock is
approximately $.445 per share. Such shares of Common Stock were
purchased with investment capital of Galloway Capital Partners, LLC
and Mr. Galloway.
Galloway Capital may be reached through:
Bruce Galloway, Managing Member
Galloway Capital Partners, LLC
650 NE 2nd Avenue, 3007,
Miami, FL, 33132
Tel: (917) 405-4591
A full-text copy of Galloway Capital's SEC report is available at:
https://tinyurl.com/3reknrd5
About WW International Inc.
WW International, Inc. provides weight control programs. It offers
subscriptions for commitment plans that give their clients access
to meetings and online subscriptions and give their members
guidance and access to a supportive community to help enable them
for healthy habits.
WW International filed Chapter 11 petition (Bankr. D. Del. Case No.
25-10829) on May 6, 2025. In the petition signed by Felicia
DellaFortuna, chief financial officer, the Debtor disclosed between
$1 billion and $10 billion in both assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor is represented by Christin Cho, Esq. and Simon Franzini,
Esq., at Dovel & Luner, LLP.
X-LASER L.L.C.: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: X-Laser, L.L.C.
Monumental CNC
9115H Whiskey Bottom Road
Laurel, MD 20723
Business Description: X-Laser designs and supplies laser light
show systems and related support services
for a range of users, from mobile DJs to
major entertainment companies like Disney.
Since 2007, the Company has offered touring-
grade and entry-level laser projectors,
including versatile models like the
LaserCube and specialty series such as
Aurora, along with advanced products like
the Radiator and Ether Dream 4. X-Laser
also provides training and resources to help
clients enhance their live production
setups.
Chapter 11 Petition Date: June 7, 2025
Court: United States Bankruptcy Court
District of Maryland
Case No.: 25-15178
Judge: Hon. David E Rice
Debtor's Counsel: Brett Weiss, Esq.
THE WEISS LAW GROUP
8843 Greenbelt Road 299
Greenbelt MD 20770
Tel: (301) 924-4400
Email: brett@BankruptcyLawMaryland.com
Total Assets: $257,408
Total Liabilities: $3,293,527
The petition was signed by Adam Raugh as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/O4EIY2Y/X-Laser_LLC__mdbke-25-15178__0001.0.pdf?mcid=tGE4TAMA
YA INTERMEDIATE: T. Rowe Marks $6.1 Million 1L Loan at 90% Off
--------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$6,110,000 loan extended to Ya Intermediate Holdings II, LLC to
market at $588,000 or 10% of the outstanding amount, according to
T. Rowe's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to Ya Intermediate
Holdings II, LLC. The loan accrues interest at a rate of 9.3% per
annum. The loan matures on October 1, 2031.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Ya Intermediate Holdings II, LLC
YA Intermediate Holdings II, LLC is a holding company that is both
a holding company of a smaller group and a subsidiary of a larger
corporation. It's part of the YA Group which is a global leader in
strategic consulting. YA Group has been acquired by THL Partners.
YA INTERMEDIATE: T. Rowe Virtually Writes Off $2.9MM 1L Loan
------------------------------------------------------------
T. Rowe Price OHA Select Private Credit Fund has marked its
$2,933,000 loan extended to Ya Intermediate Holdings II, LLC to
market at $117,000 or 4% of the outstanding amount, according to T.
Rowe's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
T. Rowe is a participant in a First Lien Loan to Ya Intermediate
Holdings II, LLC. The loan accrues interest at a rate of 9.32% per
annum. The loan matures on October 1, 2031.
T. Rowe Price OHA Select Private Credit Fund was initially formed
on December 16, 2021 as a Delaware limited liability company and
subsequently converted into a Delaware statutory trust on March 2,
2022. OHA Private Credit Advisors, LLC is the investment adviser of
the Company. The Company invests primarily in directly originated
and customized private financing solutions, including loans and
other debt securities with a strong focus on senior secured lending
to larger companies. The Company primarily targets investments in
first lien loans, unitranche loans, second lien loans and other
corporate secured debt. The Company may also invest in equity
interests such as common stock, preferred stock, warrants or
options, which generally would be obtained as part of providing a
broader financing solution.
T. Rowe is led by Eric Muller as Chief Executive Officer; and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
T. Rowe Price OHA Select Private Credit Fund
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Ya Intermediate Holdings II, LLC
YA Intermediate Holdings II, LLC is a holding company that is both
a holding company of a smaller group and a subsidiary of a larger
corporation. It's part of the YA Group which is a global leader in
strategic consulting. YA Group has been acquired by THL Partners.
YOUNG MEN'S CHRISTIAN: Davis' Appeal of Real Property Sale Tossed
-----------------------------------------------------------------
Judge Liles C. Burke of the United States District Court for the
Northern District of Alabama granted the motion of Young Men's
Christian Association of Metropolitan Huntsville, Alabama to
dismiss the appeal styled ALLEN DAVIS, Appellant, vs. THE YOUNG
MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN HUNTSVILLE, ALABAMA,
Appellee, Case No.: 5:25-CV-00054-LCB (N.D. Ala.).
On Aug. 23, 2024, the Appellee filed a voluntary petition for
relief under Chapter 11 of the Bankruptcy Code. As a part of that
proceeding, the Bankruptcy Court granted the Appellee's motion to
sell a certain piece of real property at auction. On Jan. 3, 2025,
the Appellee sold the property at auction to an individual named
Shannon Provence. The Bankruptcy Court approved the sale on Jan. 7,
2025, and the parties closed the next day. On Jan. 8, 2025, the
Appellant, Allen Davis, filed a pro se notice of appeal to this
Court. Mr. Davis was an unsuccessful bidder at the auction. The
record reflects that, since Mr. Davis filed his notice of appeal,
he has taken no further action in this case. Accordingly, the
Appellee has moved to dismiss the appeal.
While the Court is required to liberally construe the pleadings of
a pro se litigant, Mr. Davis's pro se status does not excuse him
from his duty to abide by procedural rules.
The Court is not persuaded that, under the facts of this case, Mr.
Davis acted with due care to comply with the applicable rules.
Given Mr. Davis's complete failure to comply with multiple
deadlines in this case, the Court concludes that he has
demonstrated either negligence or indifference, or both. Therefore,
this appeal is dismissed.
A copy of the Court's decision dated May 22, 2025, is available at
https://urlcurt.com/u?l=oT0fkG from PacerMonitor.com.
About The Young Men's Christian Association
The Young Men's Christian Association of Metropolitan Huntsville,
Alabama is a non-profit organization that offers programs to
support the needs of a growing and diverse communities including
childcare, health & fitness, teen programs and community programs.
YMCA filed Chapter 11 petition (Bankr. N.D. Ala. Case No, 24-81638)
on August 23, 2024, with $10 million to $50 million in both assets
and liabilities. Jeff Collen, interim chief executive officer of
YMCA, signed the petition.
Judge Clifton R Jessup Jr. presides over the case.
Kevin D. Heard, Esq., at Heard, Ary & Dauro, LLC, is the Debtor's
legal counsel.
[] HSF Kramer Adds Top Restructuring Lawyers Ortiz, Shaughnessy
---------------------------------------------------------------
Herbert Smith Freehills Kramer announced on June 4, 2025, that
leading restructuring attorneys Kyle J. Ortiz and Brian F.
Shaughnessy have joined the firm as partners in its Bankruptcy and
Restructuring Group. Ortiz and Shaughnessy advise debtors,
creditors, and other parties in interest in complex restructurings
both in and out of court.
On June 1, 2025, Kramer Levin officially combined with Herbert
Smith Freehills to become Herbert Smith Freehills Kramer, known as
HSF Kramer.
Ortiz has represented debtors and creditors in some of the largest
and most complex chapter 11 cases of the past fifteen years
including Eletson Holdings, LATAM Airlines, Greensill Capital,
Pacific Drilling, Westinghouse, SunEdison, American Airlines, and
Lehman Brothers. He has also represented investors and other
creditors in complex restructuring matters, including cross-border
restructurings.
An experienced trial lawyer, Shaughnessy has nearly two decades of
experience in complex business disputes involving bankruptcy,
securities and contract issues, as well as regulatory and corporate
governance matters, among others.
"We are delighted to welcome Brian and Kyle as the first new hires
of HSF Kramer," said Justin D'Agostino, Global CEO of Herbert Smith
Freehills Kramer. "Kyle is a widely-respected and dynamic adviser.
Their addition enhances the pre-eminence and depth of our
restructuring team and fits squarely into our strategic plan."
"Kyle and Brian's deep experience in high-stakes restructurings and
distressed situations will be instrumental in helping clients
navigate an uncertain economic landscape," said Amy Caton and Ken
Eckstein, HSF Kramer's Heads of Bankruptcy and Restructuring, US.
"Their insight, creativity, and commercial acumen are a perfect fit
for our solutions-driven group."
Paul Schoeman, executive partner of the U.S. region for Herbert
Smith Freehills Kramer, said: "I'm thrilled that Kyle and Brian are
joining our premier bankruptcy and restructuring practice. Their
arrival underscores the commitment that we at HSF Kramer have to
building on our strengths and attracting top-level talent in key
markets."
Ortiz added, "I have consistently enjoyed working with and across
from Kramer Levin's world-class restructuring team. I'm incredibly
excited to join this team and to take advantage of the global reach
and industry expertise that the HSF Kramer platform now has to
offer."
Ortiz received his J.D. from The University of Chicago Law School
and his B.A. from Northern Michigan University.
Shaughnessy earned his J.D. from Georgetown University Law Center
and his B.A., cum laude, from Harvard College.
About Herbert Smith Freehills Kramer
Herbert Smith Freehills Kramer (HSF Kramer) was formed in June 2025
through the transformational combination of Herbert Smith Freehills
and Kramer Levin, creating a world-leading global law firm. With
over 6,000 people including c.2,700 lawyers and spanning 26
offices, HSF Kramer provides comprehensive legal services across
every major region of the world. Uniquely positioned to help
clients achieve ambitious objectives, HSF Kramer delivers
exceptional results in complex transactions and high-stakes
disputes.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
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public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
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equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
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Monthly Operating Reports are summarized in every Saturday edition
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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.
*********
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