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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
Wednesday, June 11, 2025, Vol. 29, No. 161
Headlines
1291 BRITAIN DR: U.S. Trustee Unable to Appoint Committee
2015 PARK: Taps Colliers International as Real Estate Broker
202-204 OCEAN: Hires Law Office of Alla Kachan PC as Counsel
2045 SW 127TH AVENUE: Taps Mark S. Roher P.A. as Attorney
215 PAPER MILL: U.S. Trustee Unable to Appoint Committee
229 ELM ST: Seeks to Hire Offit Kurman as Bankruptcy Counsel
23ANDME HOLDING: Shareholders Seek Appointment of Equity Committee
3000 SMITH: Claims to be Paid from Property Sale Proceeds
3000 SMITH: Hires PCR Brokerage Houston as Real Estate Broker
3101 SAGE: Seeks to Tap Realm Real Estate Professional as Broker
33 MAKO: Seeks Chapter 11 Bankruptcy in New York
4069 - 4089 MINNESOTA: Trustee Taps B. Riley as Asset Manager
437 88 LLC: Hires Lerner Arnold & Winston as Litigation Counsel
5TH AVENUE: Seeks Chapter 11 Bankruptcy in New York
6 GROUP: Case Summary & 13 Unsecured Creditors
615 N. UPPER BROADWAY: Seeks Chapter 11 Bankruptcy in Texas
A & A TAXI: Case Summary & One Unsecured Creditor
A.T & M.D TRUCKING: Hires Strip Hoppers Leithart as Counsel
ACCELERATE DIAGNOSTICS: Gets Court Ok to Tap $20MM DIP Loan
ADVANCE COMPANIES: Mary Sieling Named Subchapter V Trustee
ADVENT AIR: Frances Smith Named Subchapter V Trustee
AG GROUP: S&P Alters Outlook to Negative, Affirms 'B' ICR
ALFRESCO GROUP: Seeks to Hire Brown Law Firm as Bankruptcy Counsel
ALL ABOUT ENERGY: Rebecca Redwine Grow Named Subchapter V Trustee
AMPLIFYBIO LLC: Hires McDonald Hopkins LLC as Bankruptcy Counsel
AMPLIFYBIO LLC: Seeks to Hire Hutchison PLLC as Corporate Counsel
AMPLIFYBIO LLC: Taps Kasey Rosado of Accordion Partners as CRO
AMPLIFYBIO LLC: U.S. Trustee Appoints Creditors' Committee
ANI ROOF: Section 341(a) Meeting of Creditors on July 7
APPLIED POWDERCOAT: Seeks Subchapter V Bankruptcy in California
AR ACQUISITIONS: Taps Pacific Northwest Property as Broker
ASSOCIATIONS INC: OHA Senior Marks $286,000 1L Loan at 26% Off
ASSOCIATIONS INC: OHA Senior Marks $356,000 1L Loan at 75% Off
ATTLEBORO REALTY: Claims to be Paid from Available Cash & Financing
AVON PRODUCTS: Bankruptcy Court Rejects Insurers' Objections
B.G.P. INC: Seeks to Extend Plan Exclusivity to June 22
BEACH HOUSE: Updates Unsecured Claims Pay; Files Amended Plan
BECKHAM JEWELRY: Seeks to Hire Rollins Law Firm as Attorney
BEDMAR LLC: Case Summary & Seven Unsecured Creditors
BEN FACKLER: Hires Law Offices of Keith Y. Boyd as Counsel
BENITEZ & GALLOWAY: Case Summary & Five Unsecured Creditors
BENNY AND MARYS: Seeks Chapter 11 Bankruptcy in California
BEST CHEER: Taps Goe Forsythe & Hodges LLP as Bankruptcy Counsel
BINGO HOLDINGS I: Fitch Assigns 'B+' First-Time IDR, Outlook Stable
BRADYIFS HOLDINGS: OHA Senior Marks $393,000 1L Loan at 79% Off
BREWER'S LAWN: Case Summary & 10 Unsecured Creditors
BROADWAY REALTY: Gets OK to Use Cash Collateral Until June 26
CALVIN1 LLC: Seeks to Hire Maxwell Dunn PLC as Bankruptcy Counsel
CAMP LOUEMMA: Seeks to Hire A.Y. Strauss LLC as Legal Counsel
CANVAS SARASOTA: Seeks Chapter 11 Bankruptcy in Florida
CARAWAY TEA: Case Summary & 20 Largest Unsecured Creditors
CARLA'S PASTA: Court Denies Novo Advisors' Motions in Limine
CASH CLOUD: AVT Wins Partial Summary Judgment Bid in McAlary Suit
CELSIUS NETWORK: Court Expunges Mlo's Unsecured Claim
CHAPMAN CBC: Taps Stradling Yocca Carlson as Bankruptcy Counsel
CHARTER SCHOOL: Case Summary & 20 Largest Unsecured Creditors
CHARTER SCHOOL: Seeks Chapter 11 Bankruptcy with Up to $50MM Debt
CHASE INTERMEDIATE: OHA Senior Marks $433,000 1L Loan at 89% Off
CHASE INTERMEDIATE: OHA Senior Marks $8.6M 1L Loan at 30% Off
CHG US: Seeks to Hire Ordinary Course Professionals
CHG US: Seeks to Hire Pashman Stein Walder as Bankruptcy Counsel
CHG US: Seeks to Hire Stretto Inc as Administrative Advisor
CHG US: Seeks to Tap Wen Rittsteuer of Novo Advisors as CRO
CHICAGO SMILES: Gets OK to Use Cash Collateral Until June 20
CHUNGA-JINGA LLC: Taps Diamond Real Inc as Real Estate Broker
COLD SPRING: Committee Taps Kroll Associates as Financial Advisor
COMPAC USA: Hires Genesis Credit Partners as Financial Advisor
CONSOLIDATED BURGER: Affiliate to Sell Restaurants to King Fisher
CTN HOLDINGS: Committee Hires Dundon Advisers as Financial Advisor
CTN HOLDINGS: Committee Taps Gibbons P.C. as Bankruptcy Counsel
CYTOPHIL INC: Taps Schmidt Rupke Tess-Mattner as Special Counsel
D TUR HOTEL: Seeks Chapter 11 Bankruptcy in California
DEDICATION & EVERLASTING: Hires Hahn Fife & Company as Accountant
DEDICATION & EVERLASTING: Trustee Taps Levene Neale as Counsel
DIOCESE OF SAN FRANCISCO: Comm. Taps Colliers as Real Estate Broker
DOG ROBBER: Seeks Chapter 11 Bankruptcy in California
DOVETAIL DEVELOPMENT: To Sell Paulding Property to Julio Yatesto
E.F. MARKETING: Hires Cennamo and Werner as Bankruptcy Counsel
ECI PHARMA: Acute Inc. et al. Adversary Case Stayed Pending Appeal
ECS BRANDS: Seeks to Hire Jacques Seys CPA as Accountant
ELEGANT TENTS: Seeks to Hire Eric Bononi as Accountant
ENVELOPE MART: Patricia Fugee Named Subchapter V Trustee
ESTIATORIO ENT: Stacey Realty Loses Bid to Reopen Chapter 7 Case
EVERBRIDGE HOLDINGS: OHA Senior Marks $1.8M 1L Loan at 61% Off
EXACTECH INC: Committee Taps Dr. Narayan of Anthara as Expert
FLAGSHIP RESORT: Taps Edward Phillips of Getzler Henrich as CCRO
FLAME LLC: Seeks to Hire Law Office Joy Lee Barnhart as Counsel
FMB ENERGY: Seeks to Hire Langley & Banack as Bankruptcy Counsel
FOREST MEADOWS: U.S. Trustee Unable to Appoint Committee
FOSTER AND SCHELL: Seeks to Hire NKW CPA LLC as Accountant
FR VISION: OHA Senior Marks $2.3 Million 1L Loan at 58% Off
FRANCHISE GROUP: Can't Assign American Freight Lease to AF Newco
FRESH ACQUISITIONS: Loses Fraudulent Transfer Summary Judgment Bid
FRESH ACQUISITIONS: Trustee Suit v ABRE Goes to Trial
FRONTIERSMEN INC: Taps Hester Baker Krebs as Bankruptcy Counsel
GARRISON INDUSTRIAL: Seeks to Hire H. Kent Aguillard as Counsel
GARRISON INDUSTRIAL: Taps Daryl Schouest as Management Professional
GENERAL MOTORS: Says Data Privacy Suit Defies Ch. 11 Sale Order
GI APPLE: OHA Senior Marks $1.1 Million 1L Loan at 43% Off
GI APPLE: OHA Senior Marks $1.6 Million 1L Loan at 88% Off
GIO LIQUOR: Mark Shapiro Named Subchapter V Trustee
GLOBAL CONCESSIONS: Seeks to Hire Thompson Hine as Special Counsel
GO LAB INC: Gets Court Approval for Debt-for-Equity Plan
GOAK PROPERTIES: U.S. Trustee Unable to Appoint Committee
GOLDNER CAPITAL: Taps Summers Compton Wells as Real Estate Counsel
GOOD EARTH: Christopher Hayes Named Subchapter V Trustee
GRANT ANTIQUES: Andrew Layden Named Subchapter V Trustee
GREATER LIGHT: Amends Several Secured Claims Pay Details
GREENWICH RETAIL: Case Summary & 20 Largest Unsecured Creditors
GRYPHON DEBT: S&P Assigns 'B+' ICR, Outlook Stable
GUNNISON VALLEY: Seeks to Hire Bland Law Office as Special Counsel
HARVEY CEMENT: Seeks to Extend Plan Exclusivity to August 15
HAWAIIAN ELECTRIC: Fitch Hikes LongTerm IDR to B+, Outlook Positive
HEADWAY WORKFORCE: Court Orders Creditors' Committee Appointment
HENDERSON RECOVERY: Case Summary & 19 Unsecured Creditors
HERO BX ALABAMA: Court Appoints Compass Advisory as Receiver
HIAWATHA MANOR: U.S. Trustee Unable to Appoint Committee
HIGH SOURCES: Hires Ford & Semach P.A. as Bankruptcy Counsel
HIGHLAND CAPITAL: SCOTUS Ends Stay in Ex-CEO Bankruptcy Dispute
HOOTERS OF AMERICA: Junior Creditors Object to Reorganization Plan
HOPEMAN BROTHERS: Claimant Taps Reaves PLLC as Local Counsel
INVATECH PHARMA: Taps Spektrum Capital as Investment Banker
J&L LANDSCAPE: Hires Neeleman Law Group P.C. as Legal Counsel
J. PAUL HOLDINGS: Taps Bankruptcy Center of Louisiana as Attorney
JEFFERSON LA BREA: Court Affirms Sale of Real Property
JILL'S OFFICE: Seeks to Hire Parsons Behle as Immigration Counsel
JUNK IT PLUS: Gets Final OK to Use Cash Collateral
KEEP IT GYPSY: Donald Brady Named Subchapter V Trustee
KELLEY CORPORATION: To Sell Conveyor Machine to Burnin' Bush
KIDDE-FENWAL INC: Updates Liquidating Plan Disclosures
KIDZ TYME: Linda Leali Named Subchapter V Trustee
KLE EQUIPMENT: Seeks to Hire Abacus Group LLC as Accountant
KLE EQUIPMENT: Seeks to Hire Kerkman & Dunn as General Counsel
LAVISSANI LLC: Hires McDonald Carano LLP as Bankruptcy Counsel
LEMONS & OLIVES: Seeks to Tap Davidoff Hutcher & Citron as Counsel
LIGADO NETWORKS: Should Decide on Ch.11 Satellite Deal, Says Boeing
LILY616 LLC: Taps William G. Haeberle CPA LLC as Accountant
MAGIC CAR: Case Summary & Four Unsecured Creditors
MAI CAPITAL: OHA Senior Marks $1.6 Million 1L Loan at 61% Off
MAI CAPITAL: OHA Senior Marks $610,000 1L Loan at 61% Off
MAJESTIC OAK: Court OKs Promissory Note Sale to One Boerne Tract
MANE SOURCE: Gets Extension to Access Cash Collateral
MARELLI HOLDINGS: Considers Chapter 11 Bankruptcy Filing
MARRS CONSTRUCTION: Hires Osborn Maledon as Bankruptcy Counsel
MAT TRANSPORT: Claims to be Paid from Sale Proceeds & New Value
MAVENCRUX I: Seeks to Hire Hilco Real Estate as Valuation Witness
MONARCHY RANCHEROS: Seeks Chapter 11 Bankruptcy in New Mexico
MURPHDOG LLC: Seeks Subchapter V Bankruptcy in Georgia
NATIONAL REALTY: Trustee Sues BofA, Other Parties in Ponzi Fallout
NEW HOME: S&P Rates Proposed $300MM Senior Unsecured Notes 'B'
NEW LOOK: OHA Senior Marks $414,000 1L Loan at 32% Off
NEW LOOK: OHA Senior Marks $6.2 Million 1L Loan at 69% Off
NEW LOOK: OHA Senior Marks $795,000 1L Loan at 32% Off
NEW LOOK: OHA Senior Marks $850,000 1L Loan at 87% Off
NEWBURN LAW: Seeks to Hire Wadsworth Garber as Bankruptcy Counsel
NIKOLA CORP: Founder Reaches Deal to Exchange Info With Creditors
NIKOLA CORP: Seeks to Tap Hilco Streambank as Consultant
NORTIA LOGISTICS: Case Summary & Six Unsecured Creditors
NP ELEVATE: Seeks to Hire Olsen Taggart as Bankruptcy Counsel
NUMALE CORP: Trustee Taps Paul Weiss Rifkind as Litigation Counsel
NUMALE CORP: Trustee Taps Rodey Dickason as Local Counsel
OAK AND FORT: Seeks Chapter 15 Bankruptcy Due to Tariffs
OHIO TRANSMISSION: OHA Senior Marks $1.4 Million 1L Loan at 44% Off
OHIO TRANSMISSION: OHA Senior Marks $1Million 1L Loan at 65% Off
PAI HOLDCO: S&P Affirms 'CCC+' Issuer Credit Rating, Outlook Neg.
PARADOX ENTERPRISES: Hires McGuigan & Associates as Appraiser
PARAGON INDUSTRIES: Seeks to Hire D. R. Payne & Associates as CRO
PARTIDA HOLDINGS: Hires Tap Fellers Snider as Bankruptcy Counsel
PAUL LESPOIR: Seeks to Hire Alter & Barbaro as Bankruptcy Counsel
PET RINSE: G. Matt Barberich of B. Riley Named Subchapter V Trustee
PET RINSE: Seeks to Hire Krigel Nugent Moore as Attorney
POLY-WOOD LLC: OHA Senior Marks $1.3 Million 1L Loan at 71% Off
POWIN LLC: Case Summary & 50 Largest Unsecured Creditors
POWIN LLC: Files for Chapter 11, To Form New Entity
PREHIRED LLC: Ex-CEO's Motion for Comfort in Beskrone Suit Denied
PRODUCERS INC: Judgment on Count III in Adversary Case Affirmed
PROSPECT MEDICAL: Hires Keen-Summit Capital as Real Estate Broker
PUNKO ONE: Nathan Smith Named Subchapter V Trustee
PURE AVIATION: U.S. Trustee Unable to Appoint Committee
Q TECHNOLOGY: Seeks to Hire Michael Jay Berger as Legal Counsel
QBD PACKAGING: Seeks to Hire Hester Baker Krebs as Attorney
QT HAU: Seeks to Hire Gordon Feinblatt LLC as Bankruptcy Counsel
R86 LIQUIDATION: Seeks to Hire FGMK LLC as Accountant
REBELLION POINT: Seeks to Hire DesRoches & Company as Accountant
RECORDED BOOKS: OHA Senior Marks $1.1 Million 1L Loan at 36% Off
RHODIUM ENCORE: Stakeholders Want to End Co.'s Bankruptcy Control
RIDGE HOME: Seeks to Tap SPERRY-Insignia CRE as Real Estate Broker
RIMKUS CONSULTING: OHA Senior Marks $867,000 1L Loan at 85% Off
RITE AID: Affirms Commitment to Paying Rent to Objecting Landlords
RITE AID: Taps Kroll Restructuring as Administrative Advisor
ROCK STAR: OHA Senior Marks $420,000 1L Loan at 86% Off
ROCKET COMPANIES: Moody's Assigns 'Ba1' CFR, Outlook Stable
SANTIS & ARGENTA: Seeks to Hire Van Horn Law Group as Counsel
SARVER REALTY: Seeks to Hire Newmark Southern Region as Broker
SCHILLER PARK: Seeks to Extend Plan Exclusivity to September 30
SCV GRAPHIC: Seeks to Hire Keck Legal LLC as Bankruptcy Counsel
SHARP DEVELOPERS: Section 341(a) Meeting of Creditors on July 8
SHOREVIEW HOLDING: U.S. Trustee Unable to Appoint Committee
SITIO ROYALTIES: Fitch Puts 'B+' LongTerm IDR on Watch Positive
SITIO ROYALTIES: Moody's Puts 'B1' CFR on Review for Upgrade
SLM MILLEDGEVILLE: Bank Seeks to Submit Update by June 18
SOLO REAL ESTATE: Seeks to Hire Herrin Law PLLC as Legal Counsel
STEEL FABRICATORS: Plan Exclusivity Period Extended to July 21
STICKY'S HOLDINGS: Judge Expresses Doubt Over Ch. 11 Plan Changes
STV GROUP: OHA Senior Marks $875,000 1L Loan at 79% Off
SUNCOKE ENERGY: Moody's Affirms 'B1' CFR, Outlook Remains Stable
SUNNOVA ENERGY: Case Summary & 30 Largest Unsecured Creditors
SUNNOVA ENERGY: Faces Dealers Resistance in Chapter 11 Assets Sale
SWAIN LANDING: Angela Shortall of 3Cubed Named Subchapter V Trustee
SYNAPSE FINANCIAL: Trustee Wants Chapter 11 Converted to Chapter 7
SYSOREX GOVERNMENT: Hires Jameson Capital LLC as Auctioneer
TEAM SYSTEMS: Appeals in Fraudulent Transfer Suit Dismissed
TERRA LAKE: Leslie Osborne Appointed as Chapter 11 Trustee
TMK HAWK: S&P Upgrades ICR to 'CCC+' on ABL Maturity Extension
TOHI LLC: Hires Bovarnick and Associates as Replacement Counsel
TOMMY'S BOATS: U.S. Trustee Opposes Chapter 11 Releases
TOMMY'S FORT: Enforcement Motion Against Borisch Granted in Part
TRINITY INTEGRATED: Hires Guidant Law PLC as Bankruptcy Counsel
TRINITY INTEGRATED: James Cross Named Subchapter V Trustee
TRINITY INTEGRATED: Seeks to Hire Barski Law as Bankruptcy Counsel
TRIPLETT FUNERAL: Trustee Hires Carmody MacDonald as Legal Counsel
TRUCK-LITE CO: OHA Senior Marks $1.1 Million 1L Loan at 36% Off
TRUCK-LITE CO: OHA Senior Marks $1.1 Million 1L Loan at 93% Off
TRUCORDIA HOLDCO: S&P Assigns 'B' Long-Term ICR, Outlook Stable
UNITI FIBER: S&P Rates New $600MM Senior Unsecured Notes 'CCC'
USIC HOLDINGS: OHA Senior Marks $1 Million 1L Loan at 46% Off
USIC HOLDINGS: OHA Senior Marks $510,000 1L Loan at 79% Off
VELOCITY ESPORTS: U.S. Trustee Unable to Appoint Committee
VIVA LIBRE: Hires Shioda Langley & Chang as Bankruptcy Counsel
WARNER BROS: S&P Places 'BB+' ICR on CreditWatch Negative
WATCHMEN SECURITY: Taps Barnes & Thornburg LLP as Special Counsel
WCB CONSTRUCTION: Seeks to Hire Gillman Capone LLC as Counsel
WHIRLPOOL CORP: S&P Rates New $1.2BB Senior Unsecured Notes 'BB+'
WILLOUGHBY EQUITIES: Unsecureds' Recovery "Unknown" in Plan
WINDWARD DESIGN: Court OKs Vehicle Sale to David Peace
WOLYNIEC CONSTRUCTION: Hires Hunyady Auction Company as Auctioneer
[] SWEDEN: Strong Access to Capital Cuts Risk for Real Estate Cos.
*********
1291 BRITAIN DR: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------------
The U.S. Trustee for Region 21 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of 1291 Britain Dr PCPRE, LLC.
About 1291 Britain Dr PCPRE
1291 Britain Dr PCPRE, LLC, operating as Britain Village
Apartments, is a residential complex located at 1291 Britain Drive
in Lawrenceville, Ga. The property offers two-and three-bedroom
units with standard amenities and is managed by Premier Living US.
1291 Britain Dr PCPRE sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-54940) on May 5, 2025.
In its petition, the Debtor reported estimated assets between $10
million and $50 million and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Ashley Reynolds Ray, Esq., at
Scroggins, Williamson & Ray, P.C.
2015 PARK: Taps Colliers International as Real Estate Broker
------------------------------------------------------------
2015 Park Street LP filed an emergency application seeking approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to hire Colliers International Houston, Inc. dba Colliers as its
real estate broker.
The firm will market and sell the Debtor's apartment complex
located at 4040 Schanen Blvd Corpus Christi, TX 78413.
The broker shall receive a commission for any sale that closes, or
any other transfer of $150,000. If a cooperating broker is
involved, the commission increased by $75,000 to a total of
$225,000.
As disclosed in the court filings, Colliers International is a
"disinterested" person, as defined in section 101(14) of the
Bankruptcy Code, and that Broker does not have any connections with
or any interest adverse to the Debtor, its creditors, or any other
party in interest, or their respective attorneys and accountants.
The firm can be reached through:
Zarathustra (Zar) Haro
Colliers International Houston, Inc.
dba Colliers
1233 West Loop South, Suite 900
Houston, TX 77027
About 2015 Park Street LP
2015 Park Street LP owns and operates a park in Corpus Christi,
Texas offering a picturesque setting close to Corpus Christi Bay
and the scenic Oso Beach Municipal Golf Course. The Park also
offers a range of rental options to suit diverse lifestyles.
2015 Park Street LP sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 24-20183) on July 1,
2024. In the petition filed by Clyde Nazareth, as president of
General Partner, the Debtor reports estimated assets between $10
million and $50 million and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Nathaniel Peter Holzer, Esq.
202-204 OCEAN: Hires Law Office of Alla Kachan PC as Counsel
------------------------------------------------------------
202-204 Ocean Ave Holdings LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of New York to hire Law
Office of Alla Kachan, PC as counsel.
The firm will provide these services:
(a) assist the Debtor in administering this Chapter 11 case;
(b) make such motions or take such action as may be
appropriate or necessary under the Bankruptcy Code;
(c) represent Debtor in prosecuting adversary proceedings to
collect assets of the estate and such other actions as it deems
appropriate;
(d) take such steps as may be necessary for the Debtor to
marshal and protect the estate's assets;
(e) negotiate with the Debtor's creditor in formulating a plan
of reorganization in this case;
(f) draft and prosecute the confirmation of the Debtor's plan
of reorganization in this case; and
(g) render such additional services as the Debtor may require
in this case.
The firm will be paid at these rates:
Attorney $475 per hour
Clerks/Paraprofessionals $250 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received an initial retainer in the amount of $18,000.
Alla Kachan, Esq., an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Alla Kachan, Esq.
Law Offices of Alla Kachan, PC
2799 Coey Island Avenue, Suite 202
Brooklyn, NY 11235
Telephone: (718) 513-3145
About 202-204 Ocean Ave Holdings LLC
202-204 Ocean Ave Holdings LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y.
Case No. 25-42218) on May 8, 2025, listing up to $50,000 in assets
and $1,000,001 to $10 million in liabilities.
Judge Nancy Hershey Lord presides over the case.
Alla Kachan, Esq. at Law Offices Of Alla Kachan P.C. represents the
Debtor as counsel.
2045 SW 127TH AVENUE: Taps Mark S. Roher P.A. as Attorney
---------------------------------------------------------
2045 SW 127th Avenue, LLC filed a renewed application seeking
approval from the U.S. Bankruptcy Court for the Southern District
of Florida to employ Mark S. Roher, P.A. a/k/a The Law Office of
Mark S. Roher, P.A. as attorney.
The attorney will render these professional services:
(a) give advice to the Debtor with respect to its powers and
duties as Debtor in possession and the continued management of its
finances;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
(c) prepare motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interest of the Debtor in all matters pending
before the Court; and
(e) represent the Debtor in negotiation with his creditors in
the preparation of a plan.
Mark Roher, Esq., the primary attorney in this representation, will
be billed at his hourly rate of $500.
The firm received an advance retainer of $7,000 from the Debtor.
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 through:
Mark S. Roher, Esq.
Law Office of Mark S. Roher, P.A.
1806 N. Flamingo Road, Suite 300
Pembroke, FL 33028
Telephone: (954) 353-2200
Facsimile: (877) 654-0090
Email: mroher@markroherlaw.com
About 2045 SW 127th Avenue
2045 SW 127th Avenue, LLC filed Chapter 11 petition (Bankr. S.D.
Fla. Case No. 25-14362) on April 21, 2025, listing under $1 million
in both assets and liabilities.
Judge Scott M Grossman oversees the case.
The Law Office of Mark S. Roher, P.A. is the Debtor's legal
counsel.
215 PAPER MILL: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------
The U.S. Trustee for Region 21 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of 215 Paper Mill Rd PCPRE, LLC.
About 215 Paper Mill Rd PCPRE
215 Paper Mill Rd PCPRE, LLC, doing business as The Carolina,
operates an apartment complex in Lawrenceville, Ga.
215 Paper Mill Rd PCPRE sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-54943) on May 5, 2025.
In its petition, the Debtor reported estimated assets between $10
million and $50 million and estimated liabilities between $1
million and $10 million.
Judge Lisa Ritchey Craig handles the case.
The Debtor is represented by Ashley Reynolds Ray, Esq., at
Scroggins, Williamson & Ray, P.C.
229 ELM ST: Seeks to Hire Offit Kurman as Bankruptcy Counsel
------------------------------------------------------------
229 Elm St NW LLC seeks approval from the U.S. Bankruptcy Court for
the District of Columbia to hire Offit Kurman, P.A. as its
bankruptcy counsel.
The firm will render these services:
(a) provide the Debtor with legal advice with respect to its
powers and duties;
(b) prepare on behalf of the Debtor all necessary legal
papers;
(c) assist in analyses and representation with respect to
lawsuits to which the Debtor is or may be a party;
(d) negotiate, prepare, file and seek confirmation of a plan
of reorganization;
(e) represent the Debtor at all hearings, meetings of
creditors and other proceedings; and
(f) perform all other legal services for the Debtor which may
be necessary to serve its best interests and its bankruptcy estate
in this proceeding.
The firm's hourly rates are as follows:
Frances C. Wilburn, Esq. $580
Augustus T. Curtis, Esq. $550
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer in the amount of $10,000, plus the
$1,738 filing fee.
Frances Wilburn, a principal at Offit Kurman, 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:
Frances C. Wilburn, Esq.
Augustus T. Curtis, Esq.
Offit Kurman, PA
7501 Wisonsin Avenue, Suite 1000W
Bethesda, MA 20814
Telephone: (240) 507-1723
Facsimile: (240) 507-1735
Email: fwilburn@offitkurman.com
Email: augie.curtis@offitkurman.com
About 229 Elm St NW LLC
229 Elm St NW LLC is a real estate holding company that appears to
own or manage property at 229 Elm Street NW in Washington, DC. The
company is managed by Christos Retzos, who also owns 100% of the
entity.
229 Elm St NW LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.C. Case No. 25-00185) on May 15, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $500,000 and $1 million each.
The Debtors are represented by Frances C Wilburn, Esq. at Offit
Kurman.
23ANDME HOLDING: Shareholders Seek Appointment of Equity Committee
------------------------------------------------------------------
A group of shareholders in 23andMe Holding Co. is seeking the
appointment of an official committee that will represent equity
security holders in the company's Chapter 11 case.
In their motion, the shareholders asked the U.S. Bankruptcy Court
for the Eastern District of Missouri to direct the appointment of
an equity committee, arguing the company "appears to be massively
solvent."
"[23andMe's] asset value -- at least $256 million, plus cures and
rising -- is more than enough to satisfy the relatively paltry
claims pool and deliver meaningful value to equity," Spencer Desai,
Esq., the shareholders' attorney, said in the court filing.
Mr. Desai cited the results of the auction held recently where
23andMe received a $256 million bid from Regeneron Pharmaceuticals,
Inc. and available market data confirming that "equity is well in
the money."
According to him, the current market capitalization of 23andMe's
stock is over $100 million. Since the announcement of Regeneron's
bid, 23andMe's share price has more than quadrupled, closing at
$3.76 per share on June 2 (from $0.90 per share before the auction
results were announced).
"Shareholders deserve a fiduciary seat at the negotiating table to
ensure that the final sale transaction and ultimate case
resolution, including the Chapter 11 plan maximizes value for
equity holders," the attorney said.
The shareholders collectively hold 6,805,766 shares or
approximately 33.5% of 23andMe's Class A common shares.
The shareholders can be reached through:
Spencer P. Desai, Esq.
Desai Law Firm, LLC
13321 North Outer Forty Rd., Suite 300
St. Louis, MO 63017
Telephone: (314) 666-9781
spd@desailawfirmllc.com
-- and --
Robert J. Stark, Esq.
Bennett S. Silverberg, Esq.
Andrew M. Carty, Esq.
Alexander F. Kasnetz, Esq.
Brown Rudnick, LLP
Seven Times Square
New York, NY 10036
Telephone: (212) 209-4800
rstark@brownrudnick.com
bsilverberg@brownrudnick.com
acarty@brownrudnick.com
akasnetz@brownrudnick.com
-- and --
Shari I. Dwoskin, Esq.
Brown Rudnick, LLP
One Financial Center
Boston, MA 02111
Telephone: (617) 856-8200
sdwoskin@brownrudnick.com
About 23andMe
23andMe Holding Co. is a genetics-led consumer healthcare and
biotechnology company in San Francisco, Calif. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe and 11 affiliated debtors each filed a
voluntary petition for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mo. Lead Case No. 25-40976). 23andMe
disclosed $277,422,000 in total assets against $214,702,000 in
total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Morgan, Lewis &
Bockius, LLP and Carmody MacDonald, PC serve as legal counsel to
the Debtors while Alvarez & Marsal North America, LLC serve as the
restructuring advisor. The Debtors tapped Reevemark, LLC and Scale
Strategy Operations, LLC as communications advisors and Kroll
Restructuring Administration Services, LLC as claims agent.
Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter LLP serve
as special local counsel, investment banker, and legal advisor to
the Special Committee of 23andMe's Board of Directors,
respectively.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Debtors'
Chapter 11 cases. The committee tapped Kelley Drye & Warren, LLP
and Stinson, LLP as legal counsel and FTI Consulting, Inc. as
financial advisor.
3000 SMITH: Claims to be Paid from Property Sale Proceeds
---------------------------------------------------------
3000 Smith, Ltd., filed with the U.S. Bankruptcy Court for the
Southern District of Texas a Disclosure Statement describing Plan
of Reorganization dated June 2, 2025.
The Debtor is a Texas limited partnership founded in 2007. The
Debtor's primary asset is a commercial real estate building located
at 3000 Smith Street, Houston, Texas (the "Property").
The Debtor filed for bankruptcy protection under Chapter 11 in
order to protect and preserve the Property from foreclosure sale to
maximize sale to more fully satisfy its creditors by a market and
sale process. The Debtor filed and application and the Court has
entered an agreed order Court's allowing the Debtor to employ
Taylor Wynn and PCR Brokerage Houston, LLC as real estate
professionals to sell the Property.
Generally speaking, the Plan provides for the payment to certain
Claims against the Debtor by funds generated by the marketing and
sale of the Property. The Plan proposed and supported by
professional, disinterested real estate professionals involves the
sale of the Property pursuant the Court's order allowing the Debtor
to employ Taylor Wynn and PCR Brokerage Houston, LLC as real estate
professionals to sell the Property.
The Debtor believes the property is worth approximately $4,000,000
if marketed and sold in a normal sales process and not at an
auction process. Debtor has secured creditors with debts exceeding
that amount. Notwithstanding, Debtor believes that after a
potential sale Debtor will have generated enough funds to fully
satisfy its administrative expenses and professional fees, all
taxing authority debts, utilities and maintenance expenses incurred
since the Petition Date and the first lien debt held by MMG
Investments V, LLC.
The remaining secured creditors, Nalin Kumar and Nextfund CCP
Ventures, LLC have entered into an agreement between themselves as
to the division of remaining funds. Thereafter, Debtor will windup
and terminate the partnership with the Court's approval.
If the Debtor obtains an offer to purchase the Property for
$4,000,000 or more, the plan provides that (i) the Reorganized
Debtor shall be authorized to sell the Property, (ii) at the
closing, the Reorganized Debtor shall be authorized to pay the
normal and ordinary closing costs including payment of the real
estate brokers' commissions, the cost for a title policy and other
closing expenses, (iii) pay the attorneys’ fees and expenses of
its counsel, and (iv) pay the remaining amounts to the secured
creditors in the order of priority from the Deeds of Trust and
pursuant to the agreements among the secured creditors.
Class 6 consists of Holders of Unsecured Claims. The Reorganized
Debtor will pay any amounts remaining upon a sale of the Property
after payment in full of Classes 1 to 5, closing costs,
administrative claims and priority claims. If the Property is
refinanced, the Debtor will pay a total of 100% of these creditors'
Allowed Claims on or before five years from the Effective Date.
Class 6 Claims are impaired by the Plan.
The Class 7 Allowed Interests of the Equity Interest Holders will
be extinguished upon a sale of the Property. The Class 7 Allowed
Interests of the Equity Interest Holders will continue upon a
refinancing of the Property.
The funds used for the repayment of Claims to be made under the
Plan will come from the income generated from the sale of the
Property.
The Debtor currently has no tenants or current revenue. The
necessary insurance premiums and utility and maintenance expenses
during the execution of the Plan will be funded by capital
contributions of the sole equity holder. The Plan involves the sale
of the Property with the Debtor employing Taylor Wynn and PCR
Brokerage Houston, LLC as real estate professionals to sell the
Property.
The Debtor will have four months from the Effective Date to obtain
a buyer for the Property. The sales proceeds shall be distributed
as set forth herein. If the Debtor obtains an offer to purchase the
Property for $4,000,000 or more, the Reorganized Debtor shall be
authorized to sell the Property without further order of the court.
For any amount less than $4,000,000, the Reorganized Debtor must
get approval of the secured creditors or an order from the
bankruptcy court.
A full-text copy of the Disclosure Statement dated June 2, 2025 is
available at https://urlcurt.com/u?l=KjUKm2 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Reese W. Baker, Esq.
Baker & Associates
950 Echo Lane Ste. 300
Houston, TX 77024
Telephone: (713) 869-9200
Facsimile: (713) 869-9100
Email: courtdocs@bakerassociates.net
About 3000 Smith, Ltd
3000 Smith, Ltd is a Texas limited partnership founded in 2007. The
Debtor’s primary asset is a commercial real estate building
located at 3000 Smith Street, Houston, Texas (the "Property").
The Debtor filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-31240) on
March 4, 2025, listing $1,000,001 to $10 million in both assets and
liabilities.
Judge Jeffrey P Norman presides over the case.
Reese W Baker, Esq. at Baker & Associates, is the Debtor's counsel.
3000 SMITH: Hires PCR Brokerage Houston as Real Estate Broker
-------------------------------------------------------------
3000 Smith, Ltd seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to hire PCR Brokerage Houston, LLC
as real estate brokers.
The firm will market and sell the Debtor's real property located at
3000 Smith St, Houston, Texas 77006.
PCR will receive a broker fee of 6 percent of the total sales price
upon the sale of the property.
As disclosed in the court filings, Broker does not hold or
represent any interests adverse to that of the Debtor and is a
disinterested person within the meaning of 11 USC Sec. 101(14).
The firm can be reached through:
Marc Peeler
PCR Brokerage Houston LLC
dba Partners
1360 Post Oak Blvd, Suite 1900
Houston, TX 77056-3049
About 3000 Smith, Ltd
3000 Smith, Ltd filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-31240) on March 4, 2025, listing $1,000,001 to $10 million in
both assets and liabilities.
Judge Jeffrey P Norman presides over the case.
Reese W Baker, Esq. at Baker & Associates represents the Debtor as
counsel.
3101 SAGE: Seeks to Tap Realm Real Estate Professional as Broker
----------------------------------------------------------------
3101 Sage Rd. LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to hire Realm Real Estate
Professionals, Sugarland, Texas, as real estate broker.
The broker will market and sell the Debtor's property located at
3101 Sage Road, Houston, Texas 77056.
The broker will receive a commission equal to 2 percent of the
purchase price.
The broker is a "disinterested person" as that term is defined in
the Bankruptcy Code, according to court filings.
The firm can be reached through:
REALM Real Estate Professionals
14090 Southwest Frwy Suite 102
Sugar Land, TX 77478
Tel: (281) 690-5900
Email: realm@realmpro.com
About 3101 Sage Rd. LLC
3101 Sage Rd. LLC sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-31806) on March
31, 2025, listing $10,000,001 to $50 million in assets and
$1,000,001 to $10 million in liabilities.
Judge Eduardo V Rodriguez presides over the case.
Sean Michael Rooney, Esq. at Jd Herberger Associates PC represents
the Debtor as counsel.
33 MAKO: Seeks Chapter 11 Bankruptcy in New York
------------------------------------------------
On June 3, 2025, 33 Mako LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Southern District of New York.
According to court filing, the Debtor reports 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 33 Mako LLC
33 Mako LLC is a real estate company doing business as 54
Sandcastle, which owns a residential property at 54 Sandcastle Lane
in Amagansett, New York. The Company focuses on single-asset real
estate development and management in the Hamptons area.
33 Mako LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-11256) on June 3, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Philip Bentley handles the case.
The Debtors are represented by Joel M. Shafferman, Esq. at KUCKER
MARINO WINIARSKY & BITTENS, LLP.
4069 - 4089 MINNESOTA: Trustee Taps B. Riley as Asset Manager
-------------------------------------------------------------
H. Jason Gold, the duly appointed Chapter 11 trustee for 4069 -
4089 Minnesota Ave NE, LLC, seeks approval from the U.S. Bankruptcy
Court for the District of Columbia to employ GlassRatner Advisory &
Capital Group, LLC dba B. Riley Advisory Services as his asset
manager.
The firm's services include:
a. coordinating access with the Trustee and Secured Lender,
including financial records, rent rolls, leases, vendor agreements,
security deposit schedules, accounts payable, and
construction-related documents. All bank accounts shall be
maintained by the Trustee. Any income collected will be deposited
with the Trustee; all expenses shall be paid through the Trustee;
b. performing detailed onsite inspection of the Property to
identify any critical physical issues relating to life safety,
deferred maintenance, code compliance, or operational necessity;
c. notifying tenants of new management, providing instructions
to tenants for tendering of rent payments directly to Trustee, and
engaging contractors for performance of standard property
maintenance;
d. retaining 24-hour armed security at the onset of this
assignment. Determining-appropriate security solutions (e.g.
fencing the property, boarding up first floor windows) to reduce
overall security cost with the goal of removing the 24-hour
security or reducing the requirement for this level of security;
e. preparing monthly financial statements in Yardi (a software
solutions provider for asset management platforms) to include a
balance sheet, income statement, and cash flow statement.
f. in cooperation with Trustee and Secured Lender, preparing a
6-month operating and capital expenditure budget;
g. notifying all active utilities, determining the status of
real estate taxes and property fines imposed by the agencies and
departments of the government of the District of Columbia;
h. providing construction management services, as needed;
i. working with the Trustee's Agent/Broker to coordinate
access for showings and making available documentation necessary
for any prospective buyer's due diligence;
j. preparing monthly operating reports suitable for filing by
the Trustee in this case;
k. conducting a weekly call with the Trustee and/or Secured
Lender to coordinate appropriate staffing for the following week
and any other topics relevant to the administration of the assets
of the bankruptcy estate; and
l. determining and assessing tenants of Property and the
existence and terms of leases and preparing rent roll to deliver to
Trustee and Secured Lender.
Clifford Cooper, a licensed property manager, will handle all
tenant communications and interactions and assist B. Riley as
necessary to ensure that all relevant functions that require
licensing are performed. Mr. Cooper's compensation in this matter
will be $1,000 per month.
The asset manager will bill its fees as follows:
(i) a daily per person rate of $750 for an asset manager,
(ii) a daily per person rate of $1,000 for a senior managing
director, and
(iii) a fee of 5 percent of the actual cost of capital
expenditure work performed.
The firm shall receive a retainer in the amount of $10,000.
B. Riley is disinterested within the meaning of 11 U.S.C. 101(14)
and has no conflicts, according to court filings.
The firm can be reached through:
Adam Brown
GlassRatner Advisory & Capital Group, LLC
dba B. Riley Advisory Services
11100 Santa Monica Blvd., Suite 800
Los Angeles, CA 90025
Tel: (310) 966-1444
Fax: (310) 966-1448
About 4069 - 4089 Minnesota Ave NE, LLC
4069 - 4089 Minnesota Ave is a debtor with a single real estate
asset, as outlined in 11 U.S.C. Section 101(51B).
4069 - 4089 Minnesota Ave, NE, LLC in Washington, DC, sought relief
under Chapter 11 of the Bankruptcy Code filed its voluntary
petition for Chapter 11 protection (Bankr. D. Colo. Case No.
25-00070) on Feb. 27, 2025, listing as much as $10 million to 50
million in both assets and liabilities. Oscar Portillo as managing
member, signed the petition.
Judge Elizabeth L Gunn oversees the case.
LAW OFFICES OF RICHARD B. ROSENBLATT, PC serve as the Debtor's
legal counsel.
437 88 LLC: Hires Lerner Arnold & Winston as Litigation Counsel
---------------------------------------------------------------
437 88, LLC seeks approval from the U.S. Bankruptcy Court for the
Eastern District of New York to employ Lerner Arnold & Winston LLP
as special litigation counsel.
The firm will represent the Debtor with its claims against Great
Lakes Insurance SE (UK Branch) arising out of damage suffered by
the Debtor on or about Sep. 29, 2023 by reason of water
infiltration at the Debtor's real property located at 437 88th
Street, Brooklyn, NY.
The firm will receive a contingency fee equal to:
a. 5 percent of all sums recovered without litigation;
b. 20 percent of all sums recovered from the Carrier in the
event litigation; and
c. 30 percent of all sums recovered from any third parties in
the event litigation.
Frank P. Winston, Esq., a member of Lerner Arnold & Winston, LLP,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Frank P. Winston, Esq.
Lerner Arnold & Winston, LLP
286 Fifth Avenue, 12th Floor
New York, NY 10001
Phone: (212) 686-4655
Email: fwinston@lawpartnersllp.com
About 437 88 LLC
437 88, LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-40269) on January 17, 2025,
listing under $1 million in both asset and liabilities.
Judge Elizabeth S. Stong oversees the case.
Kevin J. Nash, Esq., at Goldberg Weprin Finkel Goldstein LLP serves
as the Debtor's counsel.
5TH AVENUE: Seeks Chapter 11 Bankruptcy in New York
---------------------------------------------------
On June 6, 2025, 5th Avenue Furniture Warehouse Inc. filed Chapter
11 protection in the U.S. Bankruptcy Court for the Eastern District
of New York. According to court filing, the
Debtor reports $2,736,974 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About 5th Avenue Furniture Warehouse Inc.
5th Avenue Furniture Warehouse Inc. is a family-owned furniture
retailer located at 1644 5th Avenue, Bay Shore, New York, offering
a range of home furnishings, mattresses, and accessories.
5th Avenue Furniture Warehouse Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-72216) on
June 6, 2025. In its petition, the Debtor reports total assets of
$283,034 and total liabilities of $2,736,974.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
The Debtors are represented by Heath S. Berger, Esq. at BFSNG LAW
GROUP, LLP.
6 GROUP: Case Summary & 13 Unsecured Creditors
----------------------------------------------
Debtor: The 6 Group, LLC
d/b/a 6 Group, LLC
440 Black Rock Tpke
Redding, CT 06896
Business Description: The 6 Group, LLC is a single-asset real
estate debtor, as defined under 11 U.S.C.
Section 101(51B), with its principal asset
located at 433 Belden Hill Road, Wilton,
Connecticut 06897.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
District of Connecticut
Case No.: 25-50477
Debtor's Counsel: Jeffrey M. Sklarz, Esq.
GREEN & SKLARZ LLC
1 Audubon St, 3rd Fl
New Haven, CT 06511
Tel: 203-285-8545
Fax: 203-823-4546
E-mail: jsklarz@gs-lawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Hernan Benitez as member.
A full-text copy of the petition, which includes a list of the
Debtor's 13 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ENVVYTI/The_6_Group_LLC__ctbke-25-50477__0001.0.pdf?mcid=tGE4TAMA
615 N. UPPER BROADWAY: Seeks Chapter 11 Bankruptcy in Texas
-----------------------------------------------------------
On June 5, 2025, 615 N. Upper Broadway LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Texas. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About 615 N. Upper Broadway LLC
615 N. Upper Broadway LLC 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.
615 N. Upper Broadway LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex.Case No. 25-60051) on June
5, 2025. In its petition, the Debtor reports estimated assets
between $10 million and $50 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Christopher M. Lopez handles the
case.
The Debtors are represented by Leonard Simon, Esq. at PENDERGRAFT &
SIMON LLP.
A & A TAXI: Case Summary & One Unsecured Creditor
-------------------------------------------------
Debtor: A & A Taxi, Inc.
313 10th Avenue
New York, NY 10001
Business Description: A & A Taxi, Inc., provides taxi
transportation services in the New York
area.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-11297
Debtor's Counsel: Thomas A. Farinella, Esq.
LAW OFFICE OF THOMAS A. FARINELLA, PC
260 Madison Avenue 8th Floor
New York, NY 10016
Tel: (917) 319-8579
E-mail: tf@lawtaf.com
Total Assets: $0
Total Liabilities: $3,338,573
The petition was signed by Toni E. Boghdedy as principal.
The Debtor has identified Pentagon Federal Credit Union, located at
7940 Jones Branch Drive, Tysons, VA 22102, as its only unsecured
creditor, with a claim amounting to $3.34 million.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ZLYEKCQ/A__A_TAXI_INC__nysbke-25-11297__0001.0.pdf?mcid=tGE4TAMA
A.T & M.D TRUCKING: Hires Strip Hoppers Leithart as Counsel
-----------------------------------------------------------
A.T & M.D Trucking, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Ohio to hire Strip, Hoppers,
Leithart, McGrath & Terlecky Co., LPA, as bankruptcy counsel.
The firm will render these services:
(a) advise the Debtor with respect to its rights, powers and
duties in this case;
(b) advise and assist the Debtor in the preparation of its
petition, schedules, and statement of financial affairs;
(c) advise and assist the Debtor in connection with the
administration of this case;
(d) analyze the claims of the creditors in this case, and
negotiate with such creditors;
(e) investigate the acts, conduct, assets, rights,
liabilities and financial condition of the Debtor and the
Debtor’s business;
(f) advise and negotiate with respect to the sale of any or
all assets of the Debtor;
(g) investigate, file and prosecute litigation of behalf of
the Debtor;
(h) propose a plan of reorganization;
(i) appear and represent the Debtor at hearings, conferences,
and other proceedings;
(j) prepare and/or review motions, applications, orders, and
other filings filed with the Court;
(k) institute or continue any appropriate proceedings to
recover assets of the estate; and
(l) perform any and all such other legal services as may be
required that are in the best interest of the estate or its
creditors.
The firm's current rates are:
Myron N. Terlecky $425/hour
John W. Kennedy $395/hour
Loni R. Sammons $250/hour
Law clerks $150/hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The firm received a retainer in the amount of $30,000.
John Kennedy, Esq., a partner at Strip, Hoppers, Leithart, McGrath
& Terlecky Co. LPA, 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:
Myron N. Terlecky, Esq.
John W. Kennedy, Esq.
Strip, Hoppers, Leithart,
McGrath & Terlecky Co., LPA
575 South Third Street
Columbus, Ohio 43215-5759
Tel: (614) 228-6345
Fax: (614) 228-6369
Email: mnt@columbuslawyer.net
jwk@columbuslawyer.net
About A.T & M.D Trucking
A.T & M.D Trucking, LLC is a trucking contractor based in Columbus,
Ohio. It provides freight transportation services and is registered
with the U.S. Department of Transportation.
A.T & M.D Trucking sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-52131) on May 16,
2025. In its petition, the Debtor reported estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
Judge John E. Hoffman Jr. handles the case.
The Debtor is represented by John W. Kennedy, Esq., at Strip,
Hoppers, Leithart, McGrath & Terlecky Co., LPA.
ACCELERATE DIAGNOSTICS: Gets Court Ok to Tap $20MM DIP Loan
-----------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that a Delaware
bankruptcy judge has granted final approval of Accelerate
Diagnostics' $20 million debtor-in-possession financing, which is
supported by its lenders, including the stalking horse bidder.
About Accelerate Diagnostics
Accelerate Diagnostics, Inc. is an in vitro diagnostics company
that develops systems for the rapid identification of pathogens and
antibiotic susceptibility, with a focus on serious infections such
as sepsis. Its products, including the Accelerate Pheno and Arc
systems, are used in hospitals and clinical laboratories to improve
treatment precision and reduce healthcare costs. The Company has
submitted its WAVE system for FDA clearance, with a commercial
launch expected in early 2026.
Accelerate Diagnostics Inc. and Accelerate Diagnostics Texas, LLC
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Del., Case No. 25-10837) on May 8, 2025. In the petition
signed by Jack Phillips as president and chief executive officer,
the Debtors disclosed total assets of $28,556,000 and total debts
of $84,596,000 as of December 31, 2024.
The Hon. Karen B. Owens oversees the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell LLP and Fried,
Frank, Harris, Shriver & Jacobson LLP as bankruptcy counsels. Solic
Capital Advisors LLC serves as restructuring advisor to the
Debtors; Perella Weinberg Partners LP acts as investment banker;
and Stretto Inc. serves as claims and noticing agent.
ADVANCE COMPANIES: Mary Sieling Named Subchapter V Trustee
----------------------------------------------------------
The Acting U.S. Trustee for Region 12 appointed Mary Sieling as
Subchapter V trustee for Advance Companies Inc.
Ms. Sieling will be paid an hourly fee of $330 for her services as
Subchapter V trustee and an hourly fee of $200 for paralegal time.
In addition, the Subchapter V trustee will receive reimbursement
for work-related expenses incurred.
Ms. Sieling declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mary F. Sieling
150 South Fifth Street, Suite 3125
Minneapolis, MN 55402
Email: mary@mantylaw.com
About Advance Companies Inc.
Advance Companies Inc. is a family-owned restoration and remodeling
contractor based in Fridley, Minnesota. The company serves the
Minneapolis-St. Paul area, specializing in water and fire damage
restoration, mold remediation, and remodeling projects. It holds
contractor licensing and certifications, offering services
including emergency board-up and insurance claim assistance.
Advance Companies sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Minn. Case No. 25-41603) on May
18, 2025. In its petition, the Debtor reported total assets of
$98,837 and total liabilities of $1,515,858.
Judge William J. Fisher handles the case.
The Debtor is represented by John D. Lamey III, Esq., at Lamey Law
Firm, P.A.
ADVENT AIR: Frances Smith Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Region 6 appointed Frances Smith, Esq., at
Ross, Smith & Binford, PC, as Subchapter V trustee for Advent Air
Conditioning, Inc.
Ms. Smith will be paid an hourly fee of $475 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Smith declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Frances A. Smith, Esq.
Ross, Smith & Binford, PC
700 N. Pearl Street, Ste. 1610
Dallas, TX 75201
Phone: 214-593-4976
Fax: 214-377-9409
Email: frances.smith@rsbfirm.com
About Advent Air Conditioning Inc.
Advent Air Conditioning Inc. is a family-owned HVAC services
company based in Lewisville, Texas, serving the greater Dallas Fort
Worth area. Established in 1981, the company specializes in AC
repair, heating repair, and HVAC system replacements, offering
energy-efficient and indoor air quality solutions.
Advent Air Conditioning sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Texas Case No.
25-41696) on May 9, 2025. In its petition, the Debtor reported
total assets of $142,986 and total liabilities of $1,333,818.
Judge Mark X. Mullin handles the case.
The Debtor is represented by Clayton L. Everett, Esq., at Norred
Law, PLLC.
AG GROUP: S&P Alters Outlook to Negative, Affirms 'B' ICR
---------------------------------------------------------
S&P Global Ratings revised its outlook to negative from stable and
affirmed all ratings, including its 'B' issuer credit rating on
U.S.-based staffing firm AG Group Holdings Inc. (doing business as
Addison Group).
The negative outlook reflects the risk that prolonged macroeconomic
headwinds will continue to negatively affect operating metrics.
S&P said, "Our outlook revision reflects our view that there is an
increased risk that leverage metrics could remain above our
downside scenario over the next year given the uncertain
macroeconomic environment. The company operates in the cyclical
staffing industry and has been significantly affected by declining
demand for its staffing and consulting services. Revenue declined
by approximately 12% in fiscal-year 2024 and leverage increased to
6.3X due to deteriorating EBITDA. Revenue continued to decline,
down 11% year-over-year in the first quarter of 2025. While we
expect modest revenue stabilization in the second half of the year,
it remains uncertain when the industry will see a sustained rebound
in demand. The risk of a longer-than-expected macroeconomic
downturn provides uncertainty in our base case forecast. We are
forecasting S&P Global Ratings-adjusted leverage will increase to
7.3x in 2025 before modestly improving on our expectation for
industry recovery in 2026. However, if we do not see revenue
stabilization over the course of the next year it could lead to a
review of the rating.
"We believe that once the operating environment improves, Addison
Group's mix of staffing and consulting services in niche areas will
allow the company to maintain stable bill rates and EBITDA margins.
The company provides professional staffing, consulting, and
permanent placement in a variety of industries. Professional
staffing is primarily focused on positions in finance/accounting,
information technology, healthcare, human resources, and
administration. We expect its S&P Global Ratings-adjusted EBITDA
margins to remain around 10%-11% over the next two years as the
company benefits from a highly variable cost structure. Despite
lower revenue, we expect the company to generate sustained free
operating cash flow given this cost structure. There has been
modest margin derogation in the past year as demand for temporary
services has declined and consulting utilization was affected by
declines in demand and the holiday calendar in the fourth quarter.
We expect management to focus on operational initiatives to improve
utilization and overall margins such as digital implementations
that led to a reduction in non-producing headcount."
The negative outlook reflects the increased risk that prolonged
macroeconomic headwinds will continue to negatively affect
operating metrics such that leverage remains above 6x and FOCF to
Debt declines below 5%.
S&P could lower its rating on Addison Group if leverage exceeds 6x
or free operating cash flow (FOCF) to debt declines below 5% on a
sustained basis. This could occur if:
-- There is a prolonged economic downturn that causes its revenue
to decline significantly;
-- The company undertakes debt-financed shareholder returns or
acquisitions; or
-- It is unable to effectively integrate its acquisitions and
expand its end markets.
S&P view an upgrade as unlikely over the next 12 months. However,
S&P could raise its rating on Addison Group over the longer term
if:
-- Its leverage declines below 5x on a sustained basis while it
steadily broadens the scale of its operations; and
-- The company achieves FOCF to debt of more than 10%.
ALFRESCO GROUP: Seeks to Hire Brown Law Firm as Bankruptcy Counsel
------------------------------------------------------------------
Alfresco Group LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Oklahoma to hire Brown Law Firm, P.C.
as its counsel.
The firm will provide these services:
(a) negotiate allowed claims and treatment of creditors;
(b) render legal advice and prepare legal documents and
pleadings concerning claims of creditors, post-petition financing,
executing contracts, sale of assets, insurance, etc;
(c) represent the Debtor in hearings and other contested
matters;
(d) formulate a disclosure statement and plan of
reorganization; and
(e) perform all other matters needed for reorganization.
The firm will be paid at these hourly rates:
Ron Brown, Attorney $350
Associate $300
Paralegal $75
The firm holds a retainer in the amount of $10,212.
Mr. Brown disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Ron D. Brown, Esq.
Brown Law Firm, P.C.
1609 E. 4th St.
Tulsa, OK 74120
Telephone: (918) 585-9500
Facsimile: (866) 552-4874
Email: ron@ronbrownlaw.com
About Alfresco Group LLC
Alfresco Group LLC owns 22 acres of commercial land in Tulsa
County, Oklahoma, comprising multiple tracts designated for
multifamily and hotel development. The parcels, located in Tulsa,
have a combined assessed value of $564,300.
Alfresco Group LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Okla. Case No. 25-10708) on
May 23, 2025. In its petition, the Debtor reports total assets of
$564,300 and total liabilities of $3,246,900.
Honorable Bankruptcy Judge Paul R. Thomas handles the case.
The Debtors are represented by Ron Brown, Esq. at BROWN LAW FIRM
PC.
ALL ABOUT ENERGY: Rebecca Redwine Grow Named Subchapter V Trustee
-----------------------------------------------------------------
Brian Behr, the U.S. Bankruptcy Administrator for the Eastern
District of North Carolina, appointed Rebecca Redwine Grow as
Subchapter V trustee for All About Energy Solutions, LLC.
The Subchapter V trustee will receive an hourly fee of $375 and
reimbursement for work-related expenses.
Ms. Redwine disclosed in an affidavit that she is "disinterested"
according to Section 101(14) of the Bankruptcy Code.
About All About Energy Solutions
All About Energy Solutions, LLC installs insulation in eastern
North Carolina.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-01847) on May 16,
2025. In the petition signed by Chris DeHart, member and manager,
the Debtor disclosed up to $50,000 in assets and up to $500,000 in
liabilities.
Judge David M. Warren oversees the case.
George Mason Oliver, Esq., at The Law Offices of George Oliver,
PLLC, represents the Debtor as bankruptcy counsel.
AMPLIFYBIO LLC: Hires McDonald Hopkins LLC as Bankruptcy Counsel
----------------------------------------------------------------
Amplifybio, LLC and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Ohio to employ
McDonald Hopkins LLC as their counsel.
The firm's services include:
a. advising the Debtors with respect to their powers and
duties as Debtors in possession in the continued management and
operation of their businesses and properties;
b. advising and consulting on the conduct of these chapter 11
cases, including all of the legal and administrative requirements
of operating in chapter 11;
c. attending meetings and negotiating with representatives of
creditors and other parties in interest;
d. taking all necessary actions to protect and preserve the
Debtors' estates, including prosecuting actions on the Debtors'
behalf, defending any action commenced against the Debtors, and
representing the Debtors in negotiations concerning litigation in
which the Debtors are involved, including objections to claims
filed against the Debtors' estates;
e. preparing pleadings in connection with these chapter 11
cases, including motions, applications, answers, orders, reports,
and papers necessary or otherwise beneficial to the administration
of the Debtors' estates;
f. representing the Debtors in connection with obtaining
authority to continue using cash collateral and post-petition
financing;
g. advising the Debtors in connection with any potential sale
of assets;
h. appearing before the Court and any appellate courts to
represent the interests of the Debtors' estates;
i. advising the Debtors regarding tax matters;
j. taking any necessary action on behalf of the Debtors to
negotiate, prepare, and obtain approval of a disclosure statement
and confirmation of a chapter 11 plan and all documents related
thereto; and
k. performing all other necessary legal services for the
Debtors in connection with the prosecution of these chapter 11
cases.
McDonald Hopkins' current hourly rates are:
Members $420 to $1,115
Of Counsel $400 to $1,025
Associates $300 to $635
Paralegals $245 to $445
McDonald Hopkins was holding $200,000 in advance payment retainer.
As disclosed in the court filings, McDonald Hopkins is a
"disinterested person" within the meaning of section 101(14) of the
Bankruptcy Code, as required by section 327(a) of the Bankruptcy
Code, and does not hold or represent an interest adverse to the
Debtors' estates.
The firm can be reached through:
Scott N. Opincar, Esq.
Maria G. Carr, Esq.
MCDONALD HOPKINS LLC
600 Superior Avenue East, Suite 2100
Cleveland, OH 44114
Telephone: (216) 348-5400
Facsimile: (216) 348-5474
Email: sopincar@mcdonaldhopkins.com
mcarr@mcdonaldhopkins.com
About AmplifyBio LLC
AmplifyBio LLC is a preclinical contract research and manufacturing
organization based in Ohio that offers integrated services for
therapeutic development, including R&D, preclinical testing, and
scalable manufacturing for advanced therapies such as cell and gene
therapies, mRNA, and non-viral gene editing platforms. Formed as a
2021 spinout from Battelle Memorial Institute, the Company has
expanded through acquisitions and facility investments, including a
350,000-square-foot cGMP manufacturing site in New Albany. Its
wholly owned subsidiary, ADOC SSF, LLC, is fully integrated into
its operations and participates in scientific, operational, and
financial activities.
AmplifyBio LLC and affiliate sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ohio Lead Case No. 25-52140) on
May 16, 2025. In its petition, the Debtor reports estimated assets
between $100 million and $500 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Mina Nami Khorrami handles the case.
The Debtor is represented by Scott N. Opincar, Esq. and Maria G.
Carr, Esq. at MCDONALD HOPKINS LLC. HUTCHISON PLLC is the Debtor's
co-counsel. EPIQ CORPORATE RESTRUCTURING, LLC is the Debtors'
Notice, Claims and Balloting Agent.
AMPLIFYBIO LLC: Seeks to Hire Hutchison PLLC as Corporate Counsel
-----------------------------------------------------------------
Amplifybio, LLC and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Ohio to employ
Hutchison PLLC as corporate counsel.
The firm will provide:
(a) advice pertaining to business operations;
(b) corporate governance counseling including Board of
Directors matters;
(c) financing transactions and monetization of collateral;
(d) commercial transactions involving disposition of tangible
assets;
(e) advice and counsel pertaining to general issues of
corporate law;
(f) matters associated with disposition of intellectual
property;
(g) participation in hearings and other proceedings regarding
the Debtor.
Hutchison's hourly rates are:
Attorneys $350 to $795
Paralegals $235 to $355
Hutchison received a retainer in the amount of $100,000.
J. Scott Merrell, Esq., Of Counsel at Hutchison PLLC, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
J. Scott Merrell, Esq.
Hutchison PLLC
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145
Tel: (402) 385-2500
About AmplifyBio LLC
AmplifyBio LLC is a preclinical contract research and manufacturing
organization based in Ohio that offers integrated services for
therapeutic development, including R&D, preclinical testing, and
scalable manufacturing for advanced therapies such as cell and gene
therapies, mRNA, and non-viral gene editing platforms. Formed as a
2021 spinout from Battelle Memorial Institute, the Company has
expanded through acquisitions and facility investments, including a
350,000-square-foot cGMP manufacturing site in New Albany. Its
wholly owned subsidiary, ADOC SSF, LLC, is fully integrated into
its operations and participates in scientific, operational, and
financial activities.
AmplifyBio LLC and affiliate sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ohio Lead Case No. 25-52140) on
May 16, 2025. In its petition, the Debtor reports estimated assets
between $100 million and $500 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Mina Nami Khorrami handles the case.
The Debtor is represented by Scott N. Opincar, Esq. and Maria G.
Carr, Esq. at MCDONALD HOPKINS LLC. HUTCHISON PLLC is the Debtor's
co-counsel. EPIQ CORPORATE RESTRUCTURING, LLC is the Debtors'
Notice, Claims and Balloting Agent.
AMPLIFYBIO LLC: Taps Kasey Rosado of Accordion Partners as CRO
--------------------------------------------------------------
Amplifybio, LLC and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Ohio to employ
Accordion Partners, LLC to provide additional staff and designate
Kasey Rosado as chief restructuring officer.
The firm will render these services:
(a) assist the Debtors and collaborate with counsel and the
Debtors' other professionals in preparing to file petitions for
relief under chapter 11 of the Bankruptcy Code and all related
papers;
(b) assist with the Debtors' implementation of Court orders;
(c) assist with financing issues either prior to or during a
bankruptcy filing, including providing analysis required to obtain
and comply with the terms of the Debtors' usage of cash collateral,
post-petition and/or exit financing;
(d) participate in meetings and provide support to the
Debtors' and its other professionals in responding to information
requests, communicating with and/or negotiating with lenders,
official and unofficial committees of creditors, vendors,
customers, the U.S. Trustee, other parties in interest, and
professionals hired by the same;
(e) based on the Debtors' underlying records, as and when
produced, prepare such financial disclosures as may be required by
the Court, including the Debtors' schedules of assets and
liabilities, statements of financial affairs and monthly operating
reports;
(f) assist the Debtors with de minimis asset sales and support
a section 363 sale process, including (i) developing materials and
documents for potential buyers' review, (ii) assisting the Debtors
with the preparation of due diligence materials and responding to
buyer diligence requests, (iii) assisting with the evaluation of
offers received and (v) working with the Debtors, counsel, and
other advisors to prepare and support asset purchase agreements and
related motions to obtain Court approval;
(g) advise the Debtors regarding their accounting and
operating procedures to segregate prepetition and post-petition
business transactions;
(h) identify the Debtors' executory contracts and unexpired
leases, as and when produced, and perform analyses of the financial
impact of the assumption or rejection of each, as necessary;
(i) participate in the Debtors' claims analysis and reporting,
including plan classification modeling and claim estimation;
(j) assist in implementing the Debtors' chapter 11 plan;
(k) prepare the Debtors' information and analysis necessary
for the confirmation of the Debtors' plan of reorganization,
including information contained in the Debtors' disclosure
statement such as a liquidation analysis, projections, and range of
reorganization value;
(l) advise the Debtors' on the implementation of fresh-start
accounting and other technical accounting matters resulting from or
related to the bankruptcy and restructuring process;
(m) render testimony, as requested, about the matters
regarding which Accordion, and its personnel are providing
services; and
(n) provide such other restructuring or advisory services to
the Debtors.
The Accordion will be paid as follows:
Senior Managing Directors $995 to $1,250 per hour
Managing Directors $895 to $995 per hour
Senior Directors $775 to $875 per hour
Directors $650 to $775 per hour
Vice Presidents $550 to $650 per hour
Associates and Analysts $325 to $550 per hour
Kasey Rosado, Senior Managing Director of ACCORDION PARTNERS,
assured the court that the firm is a "disinterested person" within
the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Kasey Rosado
Accordion Partners, LLC
One Vanderbilt Ave, 24th floor
New York, NY 10017
About AmplifyBio LLC
AmplifyBio LLC is a preclinical contract research and manufacturing
organization based in Ohio that offers integrated services for
therapeutic development, including R&D, preclinical testing, and
scalable manufacturing for advanced therapies such as cell and gene
therapies, mRNA, and non-viral gene editing platforms. Formed as a
2021 spinout from Battelle Memorial Institute, the Company has
expanded through acquisitions and facility investments, including a
350,000-square-foot cGMP manufacturing site in New Albany. Its
wholly owned subsidiary, ADOC SSF, LLC, is fully integrated into
its operations and participates in scientific, operational, and
financial activities.
AmplifyBio LLC and affiliate sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ohio Lead Case No. 25-52140) on
May 16, 2025. In its petition, the Debtor reports estimated assets
between $100 million and $500 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Mina Nami Khorrami handles the case.
The Debtor is represented by Scott N. Opincar, Esq. and Maria G.
Carr, Esq. at MCDONALD HOPKINS LLC. HUTCHISON PLLC is the Debtor's
co-counsel. EPIQ CORPORATE RESTRUCTURING, LLC is the Debtors'
Notice, Claims and Balloting Agent.
AMPLIFYBIO LLC: U.S. Trustee Appoints Creditors' Committee
----------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed an official
committee to represent unsecured creditors in the Chapter 11 cases
of AmplifyBio, LLC and its affiliates.
The committee members are:
1. Aktis Oncology, Inc.
Lorraine Horgan, VP, Head of Program Management
801 Capitola Dr.
Durham, NC 27713
(919) 270-0440
lhorgan@aktisoncology.com
2. Elemental Machines, Inc.
Fani Isaac, Director of Finance Operations
185 Alewife Brook Parkway, Suite 401
Cambridge, MA 02138
(617) 871-9692
fani@elementalmachines.com
3. Mendel New Albany Property Owner LLC
Scott Nudelman, Manager
7200 Wisconsin Ave., Ste. 960
Bethesda, MD 20814
(240) 396-1414
nudelman@vitrian.com
4. Messer Construction Co.
Alex Munoz, Senior Vice President
643 W. Court St.
Cincinnati, OH 45203-1511
(513) 482-5353
amunoz@messer.com
5. RNAV8 Bio
Raksha Shah, Operations Advisor
29851 Weatherwood
Laguna Niguel, CA 92677
(949) 637-2014
raksha@rnav8bio.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About AmplifyBio LLC
AmplifyBio, LLC is a preclinical contract research and
manufacturing organization based in Ohio that offers integrated
services for therapeutic development, including R&D, preclinical
testing, and scalable manufacturing for advanced therapies such as
cell and gene therapies, mRNA, and non-viral gene editing
platforms. Formed as a 2021 spinout from Battelle Memorial
Institute, the Company has expanded through acquisitions and
facility investments, including a 350,000-square-foot cGMP
manufacturing site in New Albany. Its wholly owned subsidiary, ADOC
SSF, LLC, is fully integrated into its operations and participates
in scientific, operational, and financial activities.
AmplifyBio sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-52140) on May 16,
2025, listing between $100 million and $500 million in assets and
between $50 million and $100 million in liabilities. Kasey Rosado,
chief restructuring officer of $50,000,001 to $100 million, signed
the petition.
Judge Mina Nami Khorrami oversees the case.
The Debtor tapped McDonald Hopkins, LLC as bankruptcy counsel;
Hutchison, PLLC as co-counsel; and Epiq Corporate Restructuring,
LLC as notice, claims and balloting agent.
ANI ROOF: Section 341(a) Meeting of Creditors on July 7
-------------------------------------------------------
On June 6, 2025, Ani Roof LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Northern District of Illinois.
According to court filing, the Debtor reports between$1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on July 7,
2025 at 01:30 PM at Appear by Teams.
About Ani Roof LLC
Ani Roof LLC operates as a roofing contractor serving residential
or commercial clients in the Chicago area.
Ani Roof LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 25-08670) on June 6, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Timothy A. Barnes handles the case.
The Debtors are represented by Landon Raiford, Esq. at TAFT
STETTINIUS & HOLLISTER LLP.
APPLIED POWDERCOAT: Seeks Subchapter V Bankruptcy in California
---------------------------------------------------------------
On June 6, 2025, Applied Powdercoat LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 50 and 99 creditors.
The petition states funds will be available to unsecured
creditors.
About Applied Powdercoat LLC
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.
Applied Powdercoat LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10762)
on June 6, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Ronald A. Clifford III handles the
case.
The Debtors are represented by Derrick Talerico, Esq. at WEINTRAUB,
ZOLKIN TALERICO & SELTH LLP.
AR ACQUISITIONS: Taps Pacific Northwest Property as Broker
----------------------------------------------------------
AR Acquisitions, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Washington to employ Pacific Northwest
Property Management, Inc. as real estate broker and property
manager.
The firm will render these services:
a. gather further information regarding each parcel of real
property that it is expected to list for sale as set forth herein,
assess each parcel’s condition, and recommend repairs and
improvements necessary to increase the sales price by more than the
expected costs to repair and improve each parcel;
b. make recommendations regarding listing prices and sales
prices if, as, and when
an offer is received;
c. provide reasonable and necessary construction management
oversight necessary for the DIP to make cost-effective improvements
to each real property parcel necessary to reorganize the Debtor;
d. work with the DIP to identify, target, and solicit
potential buyers for the vacant land, which is Lot 2 (property of
the Estate) and the four real property parcels owned by White Rock
(the Estate owns White Rock);
e. work with the DIP to identify, hire, and oversee
contractors and subcontractors to complete the improvements to Lot
3 and to update and renovate the existing single-family home on Lot
1;
f. oversee the completion of construction on the Lot 3 ADU and
the updates and renovations of the 104th Property and Lot 1;
g. provide financial oversight to assist the DIP in filing
accurate monthly operating reports;
h. list the real property parcels that are property of the
Estate or owned by White Rock for sale in the NWMLS and provide the
necessary real estate services for each real property parcel that
it lists for sale;
i. work with the DIP to ensure potential buyers have access to
the real property parcels that it lists for sale and that the
potential buyers receive adequate information for them to satisfy
any feasibility contingency that must be satisfied to sell any
parcel of real property it lists for sale;
j. assist the DIP in negotiating contracts with contractors,
and potential buyers for any real property parcel it lists;
k. oversee the preparation of and review any purchase and sale
agreements, including feasibility contingency periods, earnest
money deposits, closing extensions, and representations and
warranties, including any accompanying addenda, which must be
approved by the Court by order or a confirmed plan of
reorganization;
l. cooperate with other professionals, such as title
companies, lenders, trustees, lawyers, escrow agents, other real
estate brokers, and inspectors to procure real estate purchase and
sale agreements and close the transactions contemplated by any such
agreement; and
m. perform any and all other real estate services that are
necessary to be provided by a Washington licensed real estate
broker that lists real property for sale in Washington.
Pacific will receive a 1.0 percent listing broker real estate
commission.
Pacific Northwest does not hold or represent any interest adverse
to the interests of the Estate, and is a disinterested person
within the meaning of 11 U.S.C. Sec. 101, according to court
filings.
The firm can be reached through:
Mark J. Johnson
Pacific Northwest Property Management, Inc.
PO Box 1044
Edmonds, WA 98020
Cell: (206) 940-1115
Office: (425) 771-4100
Fax: (425) 771-1312
Email: realestate@pnwpm.com
About AR Acquisitions
AR Acquisitions, LLC, a company in Bellevue, Wash., filed a
petition under Chapter 11, Subchapter V of the Bankruptcy Code
(Bankr. W.D. Wash. Case No. 24-12986) on November 22, 2024. In the
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Christopher M. Alston oversees the case.
The Debtor is represented by Dennis McGlothin, Esq., at Western
Washington Law Group PLLC.
ASSOCIATIONS INC: OHA Senior Marks $286,000 1L Loan at 26% Off
--------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $286,000 loan
extended to Associations, Inc. to market at $212,000 or 74% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to
Associations, Inc. The loan accrues interest at a rate of 11.08%
per annum. The loan matures on July 3, 2028.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Associations Inc.
Headquartered in Des Moines, Iowa, Associations Inc. represents
clients in a variety of media platforms across the Midwest and
beyond. We bring extensive experience and professionalism to every
project and customize our support to each client's unique needs.
ASSOCIATIONS INC: OHA Senior Marks $356,000 1L Loan at 75% Off
--------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $356,000 loan
extended to Associations, Inc. to market at $88,000 or 25% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to
Associations, Inc. The loan accrues interest at a rate of 11.06%
per annum. The loan matures on July 3, 2028.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Associations Inc.
Headquartered in Des Moines, Iowa, Associations Inc. represents
clients in a variety of media platforms across the Midwest and
beyond. We bring extensive experience and professionalism to every
project and customize our support to each client's unique needs.
ATTLEBORO REALTY: Claims to be Paid from Available Cash & Financing
-------------------------------------------------------------------
Attleboro Realty LLC submitted a Second Amended Disclosure
Statement for Chapter 11 Plan of Reorganization dated June 2,
2025.
The Debtor was formed in September 2018 to own the real estate
located and commonly known as 527 Pleasant Street, Unit B,
Attleboro, MA 02703 (the "Real Property").
The current lease for Cyr Oil / Clean Harbors expires July 1, 2025.
The Debtor is negotiating with this tenant an amended / extended
lease which would provide for an increase in the square footage
leased from 10,000 sq. ft. to 27,000 sq. ft. The rental rate will
likely be no more than $1 per sq. ft. higher than current, but the
amended lease terms will be triple net (tenant to pay its share of
taxes, insurance, and maintenance). The Debtor estimates the
additional revenue will exceed $9,000.00 per month.
The Plan is for the Debtor to reorganize and pay all Allowed
Claims. The Plan will primarily be funded with available Cash, and
certain Exit Financing. The Plan proposes to pay Allowed Claims
(other than certain insider/ affiliate related Claims) in full,
without interest (unless specifically stated otherwise) on the
Effective Date of the Claim or when Allowed.
Like in the prior iteration of the Plan, each holder of the Class 6
General Unsecured Claim shall receive the amount of such holder's
Allowed Claim in Cash payment on the later of: (i) the Effective
Date, and (ii) as soon as practicable after the General Unsecured
Claim is Allowed; provided that, there shall be no duplicative
recovery for the Building 11 Claim and the Great Eastern Claim;
provided further that, insider / affiliate related Claim holders
may subordinate payments until after all other General Unsecured
Claims are paid.
The holders of Class 7 Interests will retain such Interests in the
Debtor.
The Plan will be funded with available Cash, and the Exit Financing
discussed herein and in the Plan. Under the Plan, the Allowed
Claims are to be paid in full (100% distribution) but without any
interest, unless specifically provided otherwise. The Plan does not
propose post-petition interest as the proceeds of the Exit
Financing will not be sufficient to pay such post petition
interest. The Plan proposes to pay all Allowed claims in full
without interest with the consent of, acceptance by, or subject to
no objection to confirmation of the Plan by affected creditors,
including Class 6 (General Unsecured Class).
Upon the Effective Date, the Debtor will receive certain loan, as
an exit financing, in the amount of $1,100,000.00 (the "Exit
Financing") from Almeida Properties, LLC (the "Lender"), pursuant
to the Loan Commitment Letter, dated May 12, 2025, between the
Debtor and the Lender, filed with the Bankruptcy Court on May 15,
2025 (as may be amended). Pursuant to the Loan Commitment Letter,
the loan will mature after one year, and will accrue interest rate
of 10%. As security for the loan, the Lender will be granted a
first priority mortgage in the Real Property.
A full-text copy of the Second Amended Disclosure Statement dated
June 2, 2025 is available at https://urlcurt.com/u?l=uF0Svl from
PacerMonitor.com at no charge.
About Attleboro Realty
Attleboro Realty LLC sought relief under Chapter 11 of the U.S.
Bankruptcy (Bankr. D. Mass. Case No. 24-12070) on Oct. 15, 2024.
In the petition filed by Paul Simoes, as authorized representative
of the Debtor, the Debtor estimated assets between $1 million and
$10 million and estimated liabilities between $500,000 and $1
million.
The Debtor is represented by:
Alan L. Braunstein, Esq.
RIEMER & BRAUNSTEIN LLP
100 Cambridge Street
22nd Floor
Boston, MA 02114
Tel: (617) 523-9000
E-mail: abraunstein@riemerlaw.com
AVON PRODUCTS: Bankruptcy Court Rejects Insurers' Objections
------------------------------------------------------------
Olivia Alafriz of Bloomberg Law reports that a federal bankruptcy
court found that Avon Products Inc.'s London market insurers were
entitled to raise objections in the company’s Chapter 11 case,
but ultimately ruled that their objections lacked merit.
In a June 6, 2025 opinion, the U.S. Bankruptcy Court for the
District of Delaware held that the insurers qualified as a "party
in interest" with the right to take part in the confirmation
process, citing a U.S. Supreme Court decision from the previous
2024, the report states.
About AIO US and Avon Products
AIO US Inc., Avon Products Inc, and some of its affiliates are
manufacturers and marketers of beauty, fashion, and home products
with operations and customers across the globe.
AIO US sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Del. Lead Case No. 24-11836) on Aug. 12, 2024. In the
petition filed by Philip J. Gund as chief restructuring officer,
AIO US disclosed $1 billion to $10 billion in assets and debt.
Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP are
counsel to the Debtors. Ankura Consulting Group LLC serves as
restructuring advisor to the Debtors. Rothschild & Co US Inc is the
Debtors' investment banker and financial advisor. Epiq Corporate
Restructuring LLC acts as claims and noticing agent to the Debtors.
B.G.P. INC: Seeks to Extend Plan Exclusivity to June 22
-------------------------------------------------------
B.G.P., Inc. and its affiliates asked the U.S. Bankruptcy Court for
the Middle District of Florida to extend their exclusivity periods
to file a plan of reorganization and obtain acceptance thereof to
June 22 and August 21, 2025, respectively.
The Debtors have been involved in discussions with the official
committee of unsecured creditors appointed in Inc.'s bankruptcy
case (the "Committee") and the Debtors' secured creditor (the
"Lender") in an attempt to reach an agreement as to the terms of a
consensual plan. The Debtors are seeking a short extension of the
time to file a plan and the exclusive periods to allow the parties
to continue such discussions.
The Debtors explain that this motion is not submitted for purposes
of delay and the companies submit that the relief requested in this
motion will not prejudice any party.
Counsel to the Debtors:
Scott A. Stichter, Esq.
Daniel R. Fogarty, Esq.
Stichter Riedel Blain & Postler, P.A.
110 E. Madison Street, Suite 200
Tampa, Florida 33602
Telephone: (813) 229-0144
Email: sstichter@srbp.com
dfogarty@srbp.com
About B.G.P. Inc.
B.G.P., Inc., and its affiliates, BGP Warehouse Indiana, LLC and
B.G.P. Stores, LLC, filed Chapter 11 petitions (Bankr. M.D. Fla.
Lead Case No. 25-00412) on Jan. 23, 2025. At the time of the
filing, B.G.P., Inc. reported between $10 million and $50 million
in both assets and liabilities.
Judge Roberta A. Colton oversees the cases.
Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler,
P.A., is the Debtors legal counsel.
DWB Holdings Group, LLC, as lender, is represented by:
Edward J. Peterson, Esq.
Johnson Pope Bokor Ruppel & Burns, LLP
400 N. Ashley Drive, Suite 3100
Tampa, FL 33602
Telephone: (813) 225-2500
Email: edwardp@jpfirm.com
BEACH HOUSE: Updates Unsecured Claims Pay; Files Amended Plan
-------------------------------------------------------------
Beach House LLC submitted a Second Amended Disclosure Statement
with respect to Plan of Reorganization dated May 16, 2025.
Pursuant to the Plan, the Debtor proposes to effectuate a
reorganization and to complete a balance sheet restructuring that
will aid in the Debtor's viability.
On the Effective Date, except as otherwise set forth in the Plan,
the Estate's interest in all Assets shall vest in the Debtor free
and clear of any and all Claims, Interests, or defenses (including
recoupment) with respect to any Claims, whether known or unknown,
asserted or unasserted, or contingent or fixed.
As of the Effective Date, the Debtor will own the Real Property.
Pursuant to an appraisal commissioned by First Boston in November
of 2024 and as reflected in the Debtor's amended schedules, the
Real Property has a fair market value of $8,300,000. Should the
Real Property be liquidated, i.e., sold at foreclosure, the Debtor
anticipates that said liquidation would realize an amount, after
auction fees, etc., equal to 70% of the fair market value, or
$5,810,000.
The Debtor has fully repaired all damage suffered during the
December of 2023 storm and enters the 2025 season with all rooms
available for rent, something that never occurred in the prior
years that the Debtor owned the Real Property. In addition,
bookings for the 2025 season are well above the historical numbers
and a new food and beverage program is being instituted, which will
significantly increase revenue, The Debtor is comfortable that
these factors, when taken together, will allow it to meet, if not
surpass, the forecast found in the Cash Flow Projection. In other
words, the Debtor does not believe that liquidation or further
reorganization is likely to be needed.
Class 8 consists of General Unsecured Claims that are not
Unclassified Claims or provided for under any other Class contained
in the Plan, and Class 8 Claims shall include any deficiency Claim
arising from operation of Section 506 of the Bankruptcy Code. For
avoidance of doubt, Class 8 Claims shall include, but not be
limited to, any and all Allowed General Unsecured Claims of: (a)
First Boston, (b) Clean Laundry Funding, (c) Ascentium; (d) USAM
and all claims of (i) Airwave Mechanical, Inc. (ii) Warren
Mechanical, Inc. (iii) York Water District; (iv) Gammon LLC, and
(v) those set forth in the Schedules or Filed in a timely proof of
Claim as General Unsecured Claims., which totals an amount equal to
$5,786,347.45.
In full and final satisfaction, settlement, release, and discharge
of any General Unsecured Claim, each Holder of an Allowed General
Unsecured Claim shall receive five annual Cash Distributions of its
pro rata share of an amount equal to 95% of the Debtor's Excess
NOI. Excess NOI shall be calculated after the end of each calendar
year and pro rata payments shall be made annually on or about April
15th of the next year. The first pro rata payment of Excess NOI-for
calendar year 2025-shall be calculated after December 31, 2025, and
made on or before April 15, 2026.
To the extent that Excess NOI is unavailable under this formula for
a given year, the Trust and/or Perkins will guarantee a minimum NOI
payment of $25,000 per year. Per the Cash Flow Projection attached
to the Plan, the Debtor estimates that the total amount of Excess
NOI to be distributed to holders of Allowed General Unsecured
Claims over the five-year term is $1,297,578 (inclusive of a
minimum $25,000 distribution to the holders of Allowed General
Unsecured Claims in Year 1).
Class 9 consists of any and all equity interests in the Debtor.
Ninety percent of the equity interests of the Debtor are held by
the Trust, and ten percent of the equity interest of the Debtor are
held by Jack H. Lieberman ("Lieberman" and together with the Trust,
the "Owners").
The Owners shall continue as the only Interest Holders of the
Debtor after the Confirmation Date. No equity distributions shall
be made to the Owners premised on their Interests in the Debtor
until such time as all other Claims have been satisfied pursuant to
the terms of the Plan, absent agreement between the Owner and any
Claimant otherwise entitled to the Distribution. The Owners have
already provided the Debtor with "new value" for purposes of
Section 1129(b) of the Bankruptcy Code. Should Class 8 vote against
the Plan, the Owners will provide additional new value sufficient
to satisfy the "fair and equitable requirement" of Section 1129(b)
of the Bankruptcy Code, including by ensuring that holders of
Allowed Class 8 Claims receive their pro rata share of minimum
annual NOI payments.
The Plan requires the Debtor to make certain payments to Holders of
Allowed Claims. These payments will be generated from one or more
of the following sources:
* Revenue from Business Operations: As evidenced by the Cash
Flow Projections, the Debtor expects to generate significant
revenue from operations on a going forward basis. That revenue will
be the primary source of funding for the Debtor's Plan obligations
until the Class 3 Ballon Payment or 1111(b) Note Balloon Payment,
as applicable, comes due.
* Financing From Affiliated Entities. If necessary, Perkins,
the Trust, and/or affiliated persons or entities may contribute
equity or debt to assist the Debtor in meeting its Plan
obligations. If any cash is contributed as a loan or debt, any
repayment obligations as to the same shall be expressly
subordinated to the Plan obligations set forth herein.
* Third-Party Financing. The Debtor anticipated borrowing from
a third-party lender or lenders to make the Class 3 Note Ballon
Payment or 1111(b) Note Balloon Payment, as applicable, when it
comes due.
* Recoveries from Causes of Action. The Debtor may pursue
various Causes of Action, if the Debtor believes that it will
likely recover certain amounts from these Causes of Action. The
proceeds from the recoveries on any Causes of Action the Debtor
chooses to pursue are not expected to be material.
A full-text copy of the Second Amended Disclosure Statement dated
May 16, 2025 is available at https://urlcurt.com/u?l=jRlcx5 from
PacerMonitor.com at no charge.
About Beach House LLC
Beach House LLC was formed in July of 2021 to purchase the Sea
Latch Inn, a 78-room hotel across the street from Long Sands Beach
in York, Maine.
Beach House LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Maine Case No. 24-20211) on October 17,
2024. In the petition filed by Taylor Perkins, as manager, the
Debtor reports estimated assets between $10 million and $50 milion
and estimated liabilities between $1 million and $10 million.
Bankruptcy Judge Michael A. Fagone handles the case.
The Debtor is represented by:
David C. Johnson, Esq.
MARCUS CLEGG
16 Middle Street Unit 501A
Portland, ME 04101
Tel: (207) 828-8000
Email: bankruptcy@marcusclegg.com
BECKHAM JEWELRY: Seeks to Hire Rollins Law Firm as Attorney
-----------------------------------------------------------
Beckham Jewelry, LLC filed an amended application seeking approval
from the U.S. Bankruptcy Court for the Southern District of
Mississippi to hire The Rollins Law Firm, PLLC as attorney.
The firm will advise the Debtor on all matters which are now
anticipated to arise in the functioning of this proceeding.
The firm's hourly rates are:
Thomas Rollins $400
Jennifer Calvillo $360
Paralegals $155
Legal assistants $100
Thomas Carl Rollins, Jr., Esq., an attorney at The Rollins Law
Firm, disclosed in a court filing that his firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Thomas Carl Rollins, Jr., Esq.
The Rollins Law Firm, PLLC
P.O. Box 13767
Jackson, MS 39236
Telephone: (601) 500-5533
Email: tc@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.
BEDMAR LLC: Case Summary & Seven Unsecured Creditors
----------------------------------------------------
Debtor: Bedmar, LLC
Bedmar Holdco, LLC
3115 Merryfield Row
San Diego CA 92121
Business Description: Bedmar LLC is a real estate company based in
San Diego, California, that owns and manages
manufacturing, laboratory, and office
properties across several U.S. locations,
including Massachusetts, California, and
Florida. Its portfolio includes multiple
sites in Bedford, Allston, Marlborough, San
Diego, Fremont, and Alachua. The Company's
current operations are primarily focused on
managing and winding down these sites.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-11027
Judge: Hon. J Kate Stickles
Debtor's Counsel: Michael J. Merchant, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square, 920 North King Street
Wilmington, DE 19801
Tel: (302) 651-7700
E-mail: merchant@rlf.com
Debtor's
Financial &
Restructuring
Advisor: DOUGLAS WILSON COMPANIES
Debtor's
Claims,
Noticing
Agent and
Administrative
Advisor: EPIQ CORPORATE RESTRUCTURING, LLC
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Christopher S. Sontchi as independent
manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NIM6FYI/Bedmar_LLC__debke-25-11027__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Seven Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. 92 Crowley Owner (DE) LLC Landlord $17,120,351
C/O Oxford Properties Group
125 Summer Street
12th Floor
Boston, MA 02110
Contact: Brian Barriero
Phone: 617-316-1702
Email: bbarriero@oxfordproperties.com
2. Cobalt Propco 2020 LLC Landlord $6,533,109
C/O TPG Real Estate
345 California Street
Suite 300
San Francisco, CA 94104
Contact: Jacob Muller
Phone: 415-743-1500
Email: jmuller@tpg.com
3. CEGM Alachua, LLC Landlord $5,826,470
200 West Madison
Suite 2800
Chicago, IL 60606
Contact: Shelby Pruett
Phone: 312-827-2280
Email: spruett@capri-egm.com
4. Orchard Therapeutics Landlord $2,951,934
North America
101 Seaport Blvd
7th Floor
Boston, MA 02210
Contact: Alana Pechhold
Phone: 240-273-6389
Email: alana.pechhold@orchard-tx.com
5. NBTK Holdings, LP Landlord $226,757
6645 Norman LN
San Diego, CA 92120
Contact: Brent R Heramb, Esq
Phone: 619-261-5969
Email: brent@herambconsulting.com
6. Kavenish, Ltd., L.P. Landlord $226,757
10620 Treena Street
Suite 110
San Diego, CA 92131
Contact: Debra Parrish,
Lori Moore
Phone: 858-549-2874
Email: dparrish@cushnet.net;
lmoore@cushnet.net
7. President And Fellows Of Landlord $76,696
Harvard College
C/O Harvard Real Estate
1350 Massachusetts Avenue
Holyoke Center, Suite 949
Cambridge, MA 02138
Contact: Sean Caron
Phone: 617-496-9943
Email: sean_caron@harvard.edu
BEN FACKLER: Hires Law Offices of Keith Y. Boyd as Counsel
----------------------------------------------------------
Ben Fackler Construction, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Oregon to hire Keith Y. Boyd,
P.C. to handle its Chapter 11 case.
The firm will be paid at these rates:
Keith Y. Boyd $445 per hour
Melissa A. Arnold, ACP $185 per hour
Law Clerk $200 per hour
Legal Assistants $115 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.
Keith Y. Boyd, Esq., a partner at The Law Offices of Keith Y. Boyd,
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:
Keith Y. Boyd, Esq.
The Law Offices of Keith Y. Boyd
724 S. Central Ave., Suite 106
Medford, OR 97501
Tel: (541) 973-2422
Fax: (541) 973-2426
Email: keith@boydlegal.net
About Ben Fackler Construction
Ben Fackler Construction Inc., doing business as Fackler
Construction Company, provides commercial and residential
construction services in the Portland, Oregon metro area, including
McMinnville and nearby communities. It offers a range of services
from remodeling to custom design -build projects. Founded and led
by Ben Fackler for over 25 years, the business operates as a
family-run enterprise.
Ben Fackler Construction sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Or. Case No. 25-31621) on May 15, 2025.
In its petition, the Debtor reported total assets of $641,841 and
total liabilities of $5,832,743.
Judge Peter C. Mckittrick handles the case.
The Debtor is represented by Keith Y. Boyd, Esq., at Keith Y. Boyd,
P.C.
BENITEZ & GALLOWAY: Case Summary & Five Unsecured Creditors
-----------------------------------------------------------
Debtor: Benitez & Galloway Real Estate, LLC
d/b/a B&G Real Estate
440 Black Rock Tpke
Redding, CT 06896
Business Description: Benitez & Galloway Real Estate LLC is a
single-asset real estate company that owns a
property located at 1 Charcoal Hill Road in
Westport, Connecticut. The firm focuses on
managing and operating its principal real
estate asset.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
District of Connecticut
Case No.: 25-50478
Debtor's Counsel: Jeffrey M. Sklarz, Esq.
GREEN & SKLARZ LLC
1 Audubon St, 3rd Fl
New Haven, CT 06511
Tel: 203-285-8545
Fax: 203-823-4546
E-mail: jsklarz@gs-lawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Hernan Benitez, member of The 6 Group
LLC, a subsidiary of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/EKXDHCY/Benitez__Galloway_Real_Estate__ctbke-25-50478__0001.0.pdf?mcid=tGE4TAMA
BENNY AND MARYS: Seeks Chapter 11 Bankruptcy in California
----------------------------------------------------------
On June 6, 2025, Benny and Marys Irvine LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the
Debtor reports $2,612,582 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Benny and Marys Irvine LLC
Benny and Marys Irvine LLC, d/b/a Benny and Marys Better Together,
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.
Benny and Marys Irvine LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14830) on June
6, 2025. In its petition, the Debtor reports total assets of
$1,867,887 and total liabilities of $2,612,582.
The Debtors are represented by Christopher A. Minier, Esq. at
GOLDEN GOODRICH LLP.
BEST CHEER: Taps Goe Forsythe & Hodges LLP as Bankruptcy Counsel
----------------------------------------------------------------
Best Cheer Stone Inc. seeks approval from the U.S. Bankruptcy Court
for the Central District of California to hire Goe Forsythe &
Hodges LLP as general bankruptcy counsel.
The firm will render these services:
(a) advise and assist the Debtor with respect to compliance
with the requirements of the United States Trustee;
(b) advise the Debtor regarding matters of bankruptcy law;
(c) advise the Debtor regarding assumption and rejection of
executory contracts and leases;
(d) represent the Debtor in any proceedings or hearings in the
Bankruptcy Court where its rights under the Bankruptcy Code may be
litigated or affected;
(e) conduct examinations of witnesses, claimants, or adverse
parties and to prepare and assist in the preparation of reports,
accounts, and pleadings related to this Chapter 11 case;
(f) advise the Debtor concerning the requirements of the
Bankruptcy Court and applicable rules as the same affect it in this
proceeding;
(g) assist the Debtor in negotiation, formulation,
confirmation, and implementation of a Chapter 11 plan of
reorganization;
(h) make any bankruptcy court appearances on behalf of the
Debtor; and
(i) take such other action and perform such other services as
the Debtor may require of the firm in connection with this Chapter
11 case.
The firm will be paid at these hourly rates:
Robert P. Goe, Attorneys $695
Marc C. Forsythe, Attorneys $695
Ronald S. Hodges, Attorneys $695
Dixon L. Gardner, Attorneys $595
Reem J. Bello, Attorneys $595
Charity J. Manee, Attorneys $585
Ryan S. Riddles, Attorneys $495
Brandon J. Iskander, Attorneys $495
Olivia Cannon, Attorneys $450
Lauren E. Raya, Attorneys $425
Adam O'Shea, Attorneys $385
Jeffrey Broker, Of Counsel $750
Brian Van Marter, Of Counsel $650
Greg Preston, Of Counsel $650
Taylor DeRosa, Of Counsel $450
Kerry Murphy, Paralegals $275
Britney Bailey, Paralegals $225
Arthur Johnston, Paralegals $250
Lauren Gillen, Paralegals $200
Evan Siegel, Paralegals $185
The firm received a pre-petition retainer in the amount of
$101,000.
Mr. Goe disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Robert P. Goe, Esq.
Goe Forsythe & Hodges LLP
17701 Cowen, Lobby D, Suite 210
Irvine, CA 92614
Tel: (949) 796-2460
Fax: (949) 955-9437
Email: rgoe@goeforlaw.com
About Best Cheer Stone Inc.
Best Cheer Stone Inc. supplies natural and engineered stone
products, including granite, marble, and quartzite, for residential
and commercial use. Headquartered in Anaheim, California, the
Company operates a vertically integrated business with global
quarries and manufacturing facilities. Established in 1994, it also
offers prefabricated countertops, cabinets, and related home
improvement materials.
Best Cheer Stone Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal.Case No. 25-11344)
on May 19, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Scott C. Clarkson handles the case.
The Debtors are represented by Robert P. Goe, Esq. at GOE FORSYTHE
& HODGES LLP.
BINGO HOLDINGS I: Fitch Assigns 'B+' First-Time IDR, Outlook Stable
-------------------------------------------------------------------
Fitch Ratings has assigned a first-time 'B+' Issuer Default Rating
(IDR) to Bingo Holdings I, LLC (also known as PlayAGS, Inc. or
AGS). The Rating Outlook is Stable. Additionally, Fitch has
assigned a 'BB-' rating with a Recovery Rating of 'RR3' for the
company's proposed first lien senior secured debt.
The ratings reflect AGS' small, yet growing market position in the
gaming suppliers' market, limited geographic and channel
diversification, and an expanding digital business. The rating also
considers its consistently strong FCF generation excluding
shareholder distributions, moderate leverage profile over the
medium term, and solid EBITDA margins.
The Stable Outlook reflects debt capital market access and a
potential to enter new markets and segments, while maintaining its
existing longstanding relationships
Key Rating Drivers
Small but Improving Market Share: Despite strong competition from
larger gaming suppliers, AGS has improved its global slot market
share from low single digits in 2020 to mid-single digits as of
2024. Fitch expects AGS to drive continued growth though R&D
investments in new game content across its electronic gaming
machines (EGM), table products and interactive business portfolio.
This strategy will enhance premium game mix and recurring revenue,
enabling AGS to optimize installed bases while increasing revenue
per day (RPD), ship share, and table product lease prices.
Fitch anticipates growth among gaming suppliers will soften over
the near to medium term as catch-up demand in gross gaming revenue
(GGR) post-pandemic eases, outright sales and base installations
normalize and pricing power tempers to some extent. However, market
share among participants may remain dynamic depending on their
expansion into adjacencies and new jurisdictions, as well as their
ability to maintain strong recent prices.
Concentrated Portfolio and End-Markets: AGS generates about 90% of
total revenue from the U.S., with Oklahoma accounting for under
20%, down from about 30% in 2019. While EGMs contribute 90% of
sales, tables and interactive businesses have doubled their share
over the past five years. Fitch expects AGS to leverage its
substantial tribal (Class II) footprint by expanding into premium
and Class III cabinets, boosting its average RPD and closing the
gap with larger peers. The company has actively diversified its
installed base, with premium game mix growing from 1% to 21% over
five years, supported by premium EGM unit growth.
AGS has made marginal gains in its tables segment since entering
the business in 2014. However, it has increasingly diversified
revenue composition, with shufflers now accounting for a quintile
of its sales (up from mid-single digits), with progressive table
systems and proprietary table games accounting for most of the
remainder. The ability to capture additional card shuffler
opportunities, a market which has limited competitors, and further
innovate in the progressive technology space could be a source of
future revenue growth.
Moderate Leverage: When Brightstar Capital Partners completes its
take-private acquisition in 3Q25, Fitch expects EBITDA leverage of
approximately 4.2x. Leverage should decline to 3.0x-3.5x over the
rating horizon through EBITDA growth across all segments and no
meaningful debt paydown. Management's leverage policy targets below
4.0x with no expected aggressive M&A strategy, and modest-sized
tuck-in acquisitions a possibility.
Evolving Interactive Presence: AGS has pivoted from largely
unregulated social casino (68% of 2019 revenue) to real-money
gaming, which now contributes nearly all its segment sales and has
helped it take advantage of its omnichannel. Fitch believes AGS
will continue to leverage its portfolio of games and produce
content with strong theoretical win, expanding across more online
casino sites. This shift can improve GGR share in the North
American market to 8% from 4% in 2021 and support double digit CAGR
revenue growth. Further expansion into interactive categories,
including iLottery, would strengthen its offering, brand strength
and geographical reach.
Healthy FCF Margins: AGS has generated consistent FCF with high
single digit margins in recent years. Excluding any potential
dividends, the FCF margin is expected to approach low double digits
over the rating horizon due to relatively steady capex. The company
could use FCF towards small bolt-on acquisitions and potential
shareholder returns thereafter.
Stable Management and Relationship-centric Ownership: Fitch views
Brightstar's relationship-centric approach to portfolio management,
moderate leverage targets and infrequent dividend recapitalizations
as positives. AGS' existing management averages about 20 years of
gaming industry experience per executive, helping offset
Brightstar's limited expertise in this sector.
Peer Analysis
AGS is a small player in the slots supplier industry and competes
with the big four: Aristocrat Leisure Limited (ALL), International
Game Technology plc (IGT) and Light & Wonder, Inc. (LNW), and Everi
Holdings Inc. (EVRI). Its weaker market position in the segment,
larger North American market focus, higher product concentration,
and leverage position it lower than peers.
ALL (BBB-/Positive) has a leading market position in the slot
segment, greater diversification and lower leverage (target net
leverage of 1.0x-2.0x), which position it as a low-investment-grade
gaming supplier. Additionally, it offers solid digital mobile
gaming with iLottery and real-money gaming (RMG), consistently
generating robust FCF margin.
IGT (BB+/Stable) has a similar credit profile to ALL's despite
slightly higher leverage due to meaningful lottery exposure. It can
withstand higher leverage, as the lottery business tends to be
resilient and less prone to recessionary headwinds and economic
shocks, resulting in stable low- to mid-single-digit growth rates
and higher profit margins.
LNW (BB/Stable) is another leading global slot supplier with an
established market position in the digital space. Its rating
reflects its conservative leverage profile (target net leverage in
the 2.5x-3.5x range) and strong FCF margin.
EVRI (BB-/Positive Watch) is a relatively smaller player, but
larger than AGS. Its ratings reflect its slot supplier and cash
services provider's market position and the integration risks of
newly acquired companies. EVRI's Positive Watch reflects the
announced acquisition of IGT's Gaming & Digital segment, along with
EVRI, by Apollo Global Management.
Key Assumptions
- Total Revenue grows between 6%-8% over the forecast horizon,
moderating towards the outer years, with gaming revenue expanding
5%-7% and equipment sales 5%-10%;
- Segmentally, EGM sales remain in the about 3%-6% range, driven by
low single digits improvement in gaming operations supported by an
increase in premium game mix and revenue per device day (RPD) and
mid-high single digit growth in equipment sales by increasing unit
sales, while maintaining average sales price (ASP);
- Table Products keep relative pace with the EGM segment rising
3%-6%, with the cadence of improvement across gaming operations and
equipment relatively in line with gaming machines as AGS makes
further inroads into progressives, shufflers, and premium games;
- Interactive segment grows substantially at a CAGR of about 35%
over the rating period as AGS maintains its pivot towards B2B RMG
(from B2C social casino) due to its omni-channel advantage and
continues producing a diverse portfolio of games and offering them
at an increasing number of online casino sites;
- R&D spend remains largely in line with the historical trend of
12%-13% of revenue;
- EBITDA margin remains relatively in line with 2024 over the
forecast period;
- Capex as a percentage of revenue is in the 15%-19% range as AGS
remains focused on manufacturing quality games;
- Total gross debt balance remains tied to the revolver and term
loan B (TLB), with a modest required annual amortization of 1%
under its TLB. Fitch assumes no voluntary debt paydown;
- Base interest rates assumptions reflect the current SOFR curve.
Recovery Analysis
The 'BB-'/'RR3' rating for AGS' senior secured debt is notched from
its 'B+' IDR based on a bespoke analysis. The recovery analysis
assumes AGS would be reorganized as a going-concern in bankruptcy
rather than liquidated. Fitch estimates an enterprise value (EV) on
a going-concern basis of $600 million. The EV assumption is based
on a post-reorganization EBITDA of about $120 million, a 5.0x
multiple, and a deduction of 10% for administrative claims.
Fitch projects a post-restructuring sustainable cash flow, which
assumes both depletion of the current position to reflect the
distress that can cause a default, and a level of corrective action
Fitch assumes either would have occurred during restructuring or
would be priced into a purchase price by potential bidders. The
going-concern EBITDA estimate reflects Fitch's view of a
sustainable, post-reorganization EBITDA level upon which it bases
the EV.
AGS' going-concern EBITDA of about $120 million, takes into
consideration recessionary/inflationary pressures, the inability to
maintain or increase its market share, the potential of
concentrating only on its EGM segment, and the possibility for the
company to take on unsustainable leverage to fund shareholder
dividends. This is around 30% below normalized EBITDA but reflects
a forward view that a restructuring would alleviate operating and
leverage pressures, and that the business would recover strongly
post reorganization.
The 5.0x EV multiple assumption is aligned with Fitch's 5.0x-7.0x
recovery multiples band for the U.S. gaming industry. It
incorporates AGS' weak position in the suppliers' market,
geographically concentrated position in North America, and the
segment's high barriers to entry. In applying the distributable
proceeds, Fitch assumes $875 million of senior secured debt,
including a fully drawn $100 million revolving credit facility and
$775 million term loan B.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A change in financial policy with raised leverage targets and/or
an aggressive growth strategy pursuing debt-funded acquisitions
without a reasonable de-levering path;
- EBITDA leverage sustaining above 4.5x;
- FCF primarily funding shareholder returns, as opposed to
reinvestment
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Growing slot share, particularly in North America;
- Diversification of EBITDA towards digital, while maintaining
steady operations in land-based gaming;
- EBITDA leverage sustaining below 4.0x.
Liquidity and Debt Structure
At March 31, 2025, AGS had $39.5 million in unrestricted cash and
full availability under its $40 million senior secured revolving
credit facility. Once Brightstar's acquisition closes in 3Q25, AGS
is expected to have over $60 million in cash and full availability
under its new $100 million senior secured revolver. This will
mature in 2030, compared with a scheduled debt repayment of about
$8 million (or 1%) per annum for its new $775 million pari passu
term loan B maturing in 2032.
FCF will be positive over its forecast horizon, should
disbursements to the sponsor not occur, and FCF margin is
anticipated to be robust in the high single digits to low double
digits range.
Issuer Profile
PlayAGS, Inc. (or AGS) is a leading designer and supplier of
diverse gaming products and services for the gaming industry. AGS
provides products and services in three distinct operating
segments: Electronic Gaming Machines, Table Products, and
Interactive.
Date of Relevant Committee
23 May 2025
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
----------- ------ --------
Bingo Holdings I, LLC LT IDR B+ New Rating
senior secured LT BB- New Rating RR3
BRADYIFS HOLDINGS: OHA Senior Marks $393,000 1L Loan at 79% Off
---------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $393,000 loan
extended to Bradyifs Holdings, LLC to market at $84,000 or 21% of
the outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Bradyifs
Holdings, LLC. The loan accrues interest at a rate of 9.29% per
annum. The loan matures on October 31, 2029.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Bradyifs Holdings, LLC
BradyPLUS is a specialized distributor and solution provider
focused on JanSan, foodservice, and industrial packaging.
BREWER'S LAWN: Case Summary & 10 Unsecured Creditors
----------------------------------------------------
Debtor: Brewer's Lawn Care and Property Preservation LLC
2245 Burnette Rd.
Williston, TN 38076
Business Description: Brewer's Lawn Care and Property Preservation
provides real estate support services,
including the maintenance and preservation
of residential or commercial properties.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
Western District of Tennessee
Case No.: 25-10771
Judge: Hon. Jimmy L. Croom
Debtor's Counsel: C. Jerome Teel Jr., Esq.
TEEL & GAY, PLC
79 Stonebridge Blvd.
Suite B
Jackson, TN 38305
Tel: (731) 424-3315
Fax: (731) 424-3501
E-mail: jerome@tennesseefirm.com
Total Assets: $71,940
Total Liabilities: $1,038,624
The petition was signed by Craig Brewer as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's 10 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/3KPZAZI/Brewers_Lawn_Care_and_Property__tnwbke-25-10771__0001.0.pdf?mcid=tGE4TAMA
BROADWAY REALTY: Gets OK to Use Cash Collateral Until June 26
-------------------------------------------------------------
Broadway Realty I Co., LLC got the green light from the U.S.
Bankruptcy Court for the Southern District of New York to use the
cash collateral of Flagstar Bank, N.A.
The court's order authorized the company's interim use of cash
collateral through June 26 to pay business expenses as set forth in
its budget, with a 10% variance allowed.
As protection, Flagstar Bank, N.A. will be granted a lien on the
cash collateral and all other assets acquired by the company after
the petition date to the same extent and with the same validity and
priority as its pre-bankruptcy lien.
The final hearing is scheduled for June 25.
A copy of the court's order and the budget is available at
https://shorturl.at/e107N from PacerMonitor.com.
About Broadway Realty I Co.
Broadway Realty I Co., LLC is a real estate investment business and
management company headquartered in New York City. The company
operates from its principal location at 2 Grand Central Tower in
Manhattan, with its main asset property at 4530 Broadway in New
York. It specializes in real estate investment and property
management activities across the New York metropolitan area.
Broadway Realty I Co. and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No.
25-11050) on May 21,2025. In its petition, Broadway Realty I Co.
reported between $500 million and $1 billion in both assets and
liabilities.
Judge David S. Jones, Esq. handles the cases.
The Debtors are represented by Gary Holtzer, Esq., at Weil Gotshal
& Manges, LLP.
CALVIN1 LLC: Seeks to Hire Maxwell Dunn PLC as Bankruptcy Counsel
-----------------------------------------------------------------
Calvin1, LLC seeks approval from the U.S. Bankruptcy Court for the
Eastern District of Michigan to hire Maxwell Dunn, PLC as counsel.
The firm's services include:
a. assisting the Debtor in the preparation of bankruptcy
schedules and statements and any amendments thereto;
b. advising the Debtor for duties while in a Chapter 11
bankruptcy;
c. attending the initial debtor interview scheduled by the
Office of the U.S. Trustee and facilitating the Debtor's
requirements for the meeting, and attending the initial status
conference as directed by the court and meeting of creditors
pursuant to Section 341;
d. preparing pleadings;
e. attending the 60-day status conference and all other
hearing appurtenant to Subchapter V of Chapter 11;
f. managing the receipt, review and filing of monthly
operating reports and any other documents, reports or filings that
the Debtor is required to submit;
g. preparing applications for compensation of the firm and any
other professionals that may be employed by the estate;
h. preparing pleadings related to sale applications or
valuation motions, if any;
i. attending hearings and meetings, as requested;
j. negotiating with creditors regarding critical aspects of
the Chapter 11 proceeding and the plan confirmation process;
k. consulting the Debtor regarding the Chapter 11 proceeding
and advising the responsible party regarding various aspects of the
matter;
l. consulting professionals who the estate may need to hire;
m. preparing a Chapter 11 plan, disclosure statement and
ballots to be served to creditors;
n. filing and representing the Debtor in any adversary
proceedings that may arise; and
o. providing other legal services.
The firm will be paid at these rates:
Ethan Dunn, Owner/Attorney $425 per hour
Alexander Berry-Santoro, Managing Attorney $355 per hour
Aaron Witalec, CPA $235 per hour
In addition, the firm will receive reimbursement for out-of-pocket
expenses incurred.
The firm received an initial retainer of $18,262, plus $1,738
filing fee.
Alexander Berry-Santoro, Esq., a partner at Maxwell Dunn, disclosed
in a court filing that his firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Alexander J. Berry-Santoro, Esq.
MAXWELL DUNN, PLC
2937 E. Grand Blvd.
Detroit, MI 48202
Tel: (248) 246-1166
Email: aberrysantoro@maxwelldunnlaw.com
About Calvin1, LLC
Calvin1, LLC sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-44852) on May 12,
2025, listing $50,001 to $100,000 in assets and $1,000,001 to $10
million in liabilities.
Judge Mark A Randon presides over the case.
Alexander Joseph Berry-Santoro, Esq. at Maxwell Dunn, PLC
represents the Debtor as counsel.
CAMP LOUEMMA: Seeks to Hire A.Y. Strauss LLC as Legal Counsel
-------------------------------------------------------------
Camp Louemma Lane Inc. seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey to hire A.Y. Strauss LLC as
counsel.
The firm's services include:
(a) providing the Debtor with advice and preparing all
necessary documents regarding debt restructuring, bankruptcy and
asset dispositions;
(b) taking all necessary actions to protect and preserve the
Debtor's estate during the pendency of this Chapter 11 Case;
(c) preparing on behalf of the Debtor, as
debtor-in-possession, all necessary motions, applications, answers,
orders, reports and papers in connection with the administration of
this Chapter 11 Case;
(d) counseling the Debtor with regard to its rights and
obligations as debtor-in-possession;
(e) appearing in Court to protect the interests of the Debtor;
and
(f) performing all other legal services for the Debtor which
may be necessary and proper in these proceedings and in furtherance
of the Debtor's operations.
The firm will be compensated for the services at a rate of $475 to
$550 per hour.
Eric H. Horn's hourly rate of $650 is being reduced to $550.
The firm received a retainer in the amount of $25,000, inclusive of
the filing fee.
Eric Horn, Esq., a partner at A.Y. Strauss, disclosed in a court
filing that his firm is a "disinterested person" pursuant to
Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Eric H. Horn, Esq.
Heike M. Vogel, Esq.
James P. Mansfield, Esq.
A.Y. STRAUSS, LLC
101 Eisenhower Parkway, Suite 412
Roseland, NJ 07068
Tel: (973) 287-5006
Fax: (973) 226-4104
About Camp Louemma Lane Inc.
Camp Louemma Lane Inc. is a nonprofit organization that operated a
co-ed overnight summer camp for children in Sussex, New Jersey. The
camp emphasized group living and daily activities designed to
promote personal growth and learning.
Camp Louemma Lane Inc. 29ought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-15658) on May 29, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Mark Edward Hall handles the case.
The Debtors are represented by Eric H. Horn, Esq. and Deanna
Olivero, Esq. at A.Y. STRAUSS LLC.
CANVAS SARASOTA: Seeks Chapter 11 Bankruptcy in Florida
-------------------------------------------------------
On June 5, 2025, Canvas Sarasota LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of Florida.
According to court filing, the Debtor reports $6,348,678 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Canvas Sarasota LLC
Canvas Sarasota LLC develops single-family homes in Sarasota,
Florida. Its portfolio includes three properties in various stages
of construction and completion, with a total appraised value of
approximately $7.03 million.
Canvas Sarasota LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-16411) on June 5,
2025. In its petition, the Debtor reports total assets of
$7,027,800 and total liabilities of $6,348,678.
Honorable Bankruptcy Judge Robert A. Mark handles the case.
The Debtors are represented by Thomas L. Abrams, Esq. at THOMAS L
ABRAMS PA.
CARAWAY TEA: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Caraway Tea Company, LLC
271 Upper North Road
Highland, NY 12528-2615
Business Description: Caraway Tea Company LLC is a U.S.-based
private label tea manufacturer and co-packer
that supplies specialty teas, supplements,
and wholesale tea products. With over 20
years of experience, the Company sources
from global tea-growing regions including
China, India, Sri Lanka, and Japan,
partnering directly with artisan growers
using organic and sustainable practices.
Caraway offers customized co-packing
services across retail, foodservice, and e-
commerce sectors, supported by in-house
blending and manufacturing capabilities.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-35620
Debtor's Counsel: Michael D. Pinsky, Esq.
LAW OFFICE OF MICHAEL D. PINSKY, P.C.
463 Canopy Forest Drive
Saint Augustine, FL 32092
Tel: 845-245-6001
Fax: 845-684-0547
E-mail: michael.d.pinsky@gmail.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Gina Caraway as CEO.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ZW7H2CQ/Caraway_Tea_Company_LLC__nysbke-25-35620__0001.0.pdf?mcid=tGE4TAMA
CARLA'S PASTA: Court Denies Novo Advisors' Motions in Limine
------------------------------------------------------------
Judge James J. Trancredi of the United States Bankruptcy Court for
the District of Connecticut denied the Motions in Limine filed by
Novo Advisors, LLC in the adversary proceeding captioned as OLD CP,
INC., PLAINTIFF V. NOVO ADVISORS, LLC, DEFENDANT, ADV. PRO. No.
23-02020 (Bankr. D. Conn.). The motions are denied without
prejudice to renewal of inadmissibility claims at the time of
trial.
On March 28, 2025, the Defendant filed six Motions in Limine:
(i) Motion in Limine No. 1 To Conclusively Establish Admitted
Matters;
(ii) Motion in Limine No. 2 To Exclude Evidence or Testimony That
Novo Caused Old CP, Inc. to Increase Its Indebtedness;
(iii) Motion in Limine No. 3 To Exclude Testimony of Additional
Representatives That Contradicts Testimony of Old CP, Inc.’s Rule
30(b)(6) Designee;
(iv) Motion in Limine No. 4 To Exclude Testimony of Undisclosed
Witnesses;
(v) Motion in Limine No. 5 To Exclude Expert Opinion Testimony
of Craig R. Jalbert; and
(vi) Motion in Limine No. 6 To Exclude Hearsay Evidence or
Testimony.
On April 18, the Plaintiff filed its Objection to the Motions,
arguing generally that the Court should deny the Motions as
premature, overbroad, unclear, and disguised motions for summary
judgment, and contending that the Defendant's assertions of unfair
prejudice lacked substance.
The Court heard oral argument on the Motions on May 16, 2025.
There, the Defendant argued that the Motions are neither disguised
motions for summary judgment, nor premature. Instead, the Defendant
contended that the Motions give the Court the opportunity to become
aware of and provide guidance on various evidentiary issues that it
believes are likely to arise at trial.
Although the Court appreciates the Defendant's pointed attention to
these evidentiary issues and the parties' briefs and arguments
thereon, which will surely be helpful in later delineating these
issues at trial, the Motions’ contentions are generally premature
and lack context. The Court's experience and judicial restraint
signal that the alleged evidentiary issues are better suited for
determination at trial with all attendant nuance, context, and
argument.
A copy of the Court's decision dated May 20, 2025, is available at
https://urlcurt.com/u?l=QtYcp6 from PacerMonitor.com.
About Carla's Pasta and Suri Realty
Carla's Pasta Inc. is a family-owned and operated business
headquartered in South Windsor, Conn. It manufactures food
products including pasta sheets, tortellini, ravioli, and steam bag
meals for branded and private label retail, foodservice
distributors, and restaurant. Founded in 1978 by Carla Squatrito,
Carla's Pasta's stock is held by members of the Squatrito family.
On Dec. 31, 2016, Carla's Pasta acquired 100% of Suri Realty, LLC's
membership interests. Suri's business is limited to the ownership
of two adjoining parcels of real property located at 50 Talbot Lane
and 280 Nut, meg Road, South Windsor, Conn.
Carla's Pasta operates its business from an approximately the
150,000-square-foot BRC+ certified production facility.
On Oct. 29, 2020, an involuntary petition for relief under Chapter
7 of the Bankruptcy Code was filed against Suri by Dennis Group, HJ
Norris, LLC, Renaissance Builders, Inc., and Elm Electrical, Inc.
On Dec. 17, the Court approved Suri's request and converted the
involuntary Chapter 7 case to one under Chapter 11.
Carla's Pasta filed a Chapter 11 petition (Bankr. D. Conn. Case No.
21-20111) on Feb. 8, 2021. It estimated assets of $10 million to
$50 million and liabilities of $50 million to $100 million.
The cases are jointly administered under Case No. 21-20111. Judge
James J. Tancredi oversees the cases.
The Debtors tapped Locke Lord LLP as their legal counsel, Verdolino
& Lowey, PC as accountant, Cowen & Co. as investment banker, and
Novo Advisors, LLC as financial advisor. Sandeep Gupta of Novo
Advisors is the Debtors' chief restructuring officer.
CASH CLOUD: AVT Wins Partial Summary Judgment Bid in McAlary Suit
-----------------------------------------------------------------
Judge Ted Stewart of the United States District Court for the
District of Utah granted AVT Nevada, L.P's motion for partial
summary judgment in the case captioned as AVT NEVADA, L.P., a Utah
limited partnership, Plaintiff, v. CHRISTOPHER MCALARY, a citizen
of the State of Nevada, Defendant, Case No. 2:23-cv-00594-TS-DBP
(D. Utah). The defendant's motion for summary judgment is denied.
Plaintiff files suit against Defendant for breach of contract,
breach of the covenant of good faith and fair dealing, and
foreclosure of security interest on all of Defendant's assets.
Plaintiff is an equipment leasing and finance company. On June 5,
2020, Plaintiff entered into a Master Lease Agreement with
non-party Cash Cloud, Inc. Plaintiff and Cash Cloud also entered
into a lease schedule on Sept. 1, 2020. Pursuant to these
agreements, Plaintiff leased bitcoin kiosks to Cash Cloud for a
period of 30 months in exchange for $116,022.92 plus taxes each
month. In conjunction, Defendant entered into a Personal Guaranty
in which he agreed to guarantee all of Cash Cloud's obligations
under the lease.
The lease began on October 1, 2020, and the final payment under the
initial or base term was due, per the terms of the lease, on March
1, 2023.
Under the Personal Guaranty, Defendant agreed to guarantee the
payment and performance of all obligations of Cash Cloud under the
Agreement and each lease schedule. Defendant guaranteed the full,
complete and prompt payment, performance and observance of all
payment and other obligations of Lessee under each Lease, resulting
from Lessee's breach or non-performance thereof and all of
Lessor's collection costs and legal expenses and reasonable
attorney fees.
In May 2020, Plaintiff filed a UCC-1 financing statement naming
Cash Cloud and listed all equipment, machinery, goods, personal and
other property however described, leased pursuant to Lease Schedule
No. CSHC_001 to Master Lease Agreement No. 2056266. It further
stated that this filing is made for informational purposes and not
to suggest Secured Party's interest is limited to a security
interest only. The parties performed under the lease until February
2023 when Cash Cloud filed for Chapter 11 bankruptcy and thereafter
failed to make its monthly payment in March 2023. Both qualify as
an Event of Default under the Agreement.
Under the Agreement, Plaintiff had multiple nonexclusive remedies
upon an Event of Default, including to accelerate and declare due,
all Basic rent and other sums due as of the date of the Default,
plus an amount equal to the Stipulated Loss Value set forth on the
applicable Stipulated Loss Schedule, determined as of the month
prior to the occurrence of the Default. In this suit, Plaintiff
seeks $1,314,335, which is the listed Stipulated Loss Value after
the 30th month.
Plaintiff filed a Proof of Claim in the bankruptcy case in late
March 2023. In it, Plaintiff stated that its claim was for
$1,314,335 and did not include interest or other charges. Plaintiff
also stated that the basis of the claim was Equipment lease
stipulated losses.
Thereafter, the bankruptcy court granted a Sale Motion that
included the leased property over Plaintiff's objection. Plaintiff
objected on the basis that Cash Cloud did not have an interest in
the leased property. The leased property was sold at auction for
the benefit of Cash Cloud and Plaintiff recovered a total of
$273,733.50.
Plaintiff also filed an administrative claim in the bankruptcy
action for the postpetition use of leased equipment in operation of
Debtor's business. Cash Cloud objected, arguing that the Agreement
was a secured financing agreement rather than a true lease and
therefore Plaintiff was not entitled to rent and is limited to a
security interest in the equipment.
Defendant never made any payment to Plaintiff pursuant to the
Agreement and Guaranty and Plaintiff filed this suit in September
2023. Plaintiff's Amended Complaint asserts three claims:
(1) breach of contract;
(2) breach of the covenant of good faith and fair dealing; and
(3) foreclosure of security interests on all of Defendant's
assets.
Plaintiff seeks damages in the amount of the Stipulated Loss Value
minus what it recovered in the bankruptcy sale. Defendant asserts
two Counterclaims for:
(1) breach of contract; and
(2) attorney's fees.
Plaintiff filed a Motion for Partial Summary Judgment for claim 1,
claim 3, and on Defendant's counterclaims. Defendant filed a Motion
for Summary Judgment for Plaintiff's breach of contract claim.
Plaintiff also filed a Motion to Exclude Defendant's expert
witness.
Both sides argue that the other materially breached the pertinent
agreement, and while Cash Cloud and Defendant's breach is
undisputed, Defendant asserts that Plaintiff materially breached
the Agreement first and therefore cannot maintain a breach of
contract claim against Defendant as a matter of law.
As an initial matter, it is undisputed that both the Agreement and
Guaranty are valid contracts and the Court finds that Plaintiff is
entitled to summary judgment as a matter of law on this element.
According to the Court, Defendant has not demonstrated that
Plaintiff breached the clear terms of the contract, let alone
committed a material breach.
It is undisputed that Defendant breached the Guaranty and
therefore, the Court concludes that Plaintiff has demonstrated it
is entitled to summary judgment as a matter of law on this
element.
Turning to damages, Plaintiff asserts that it is entitled to
summary judgment under the express terms of the Agreement, Lease
Schedule, and Guaranty.
Defendant asserts that because Plaintiff claimed secured creditor
status in the bankruptcy case after the Leased Property was sold,
Plaintiff cannot now elect to receive the remedy of the Stipulated
Loss Value because the Leased Property can no longer be transferred
upon payment as required under the Agreement and Guaranty. This
argument mispresents the bankruptcy court proceedings.
Judge Stewart explains, "Plaintiff represented before the
bankruptcy court that it was the owner of the leased equipment and
objected to Cash Cloud's proposal to sell it. The bankruptcy court
overruled this objection and ordered the equipment sold. By
ordering the sale, the equipment became property of the bankruptcy
estate, essentially allowing Cash Cloud to own the equipment
without requiring Cash Cloud to comply with the terms of the lease.
Moreover, there is no evidence that Cash Cloud did, or could, pay
the Rent Default Value or Stipulated Default Value that would allow
it to obtain the property. Even if it could, Cash Cloud would be
entitled to the equipment, not Defendant. Any assertion that
Defendant would be entitled to the equipment if he fulfilled Cash
Cloud's obligations is not supported by the record. And even if the
equipment belonged to Cash Cloud, the Guaranty makes clear that in
the event of insolvency and upon liquidation, payment would first
be made to Plaintiff."
According to the Court, Plaintiff did not breach the Agreement by
filing the UCC-1 document and the Stipulated Loss Value remedy was
expressly contracted for and agreed to by the parties. The leased
property was transferred to Cash Cloud via the bankruptcy court
order, after which it was sold for the benefit of Cash Cloud.
Plaintiff seeks the Stipulated Loss Value minus the amount it
received from the bankruptcy, $273,773.50, for a total of
approximately $1,040,601.50. Defendant guaranteed the full, prompt
and complete payment of Cash Cloud's obligations under the
Agreement and the Stipulated Loss Value is an obligation. Further,
Defendant does not demonstrate that these damages are otherwise
unenforceable under the contract. Accordingly, the Court finds that
Plaintiff has demonstrated that it is entitled to summary judgment
on these damages as a matter of law under the Agreement and
Guaranty.
Plaintiff also seeks pre- and post-judgment interest in the amount
of 18% per annum pursuant to both the Agreement and Guaranty. It is
undisputed that Plaintiff can obtain prejudgment and post-judgment
interest at a rate of 18% per annum. Because the parties expressly
agreed to this rate, it is appropriate for Plaintiff to recover
prejudgment and post-judgment interest at 18% from Defendant, the
Court holds.
Plaintiff also moves for summary judgment in its favor on the third
cause of action for foreclosure of security interests on all assets
of Defendant. Plaintiff asserts that it has perfected its security
interest in all of Defendant's assets and is therefore entitled to
a judgment and decree of foreclosure of its lien against all of
Defendant's assets, and to enforce its security interest in such
assets by taking immediate possession thereof.
Because Plaintiff has demonstrated it is entitled to foreclose its
security interest in Defendant's assets as a matter of law, the
Court will grant summary judgment on this claim in its favor.
Because the Court granted summary judgment in favor of Plaintiff
and because the Guaranty only provides that Plaintiff as "Lessor"
is entitled to recover attorney's fees from Defendant as Guarantor,
the Court will grant Plaintiff's Motion for Summary Judgment on the
counterclaim for attorney's fees.
Plaintiff also filed a Motion to Exclude Testimony of Defendant's
Proposed Expert Edward Burr. Mr. Burr's opinion supported
Defendant's breach of contract counterclaim damages. Because the
Court grants summary judgment in favor of Plaintiff on the breach
counterclaim on other grounds, without considering the opinion, the
Court will deny this Motion as moot.
A copy of the Court's decision dated May 28, 2025, is available at
https://urlcurt.com/u?l=ooGdAj from PacerMonitor.com.
About Cash Cloud
Cash Cloud Inc., doing business as Coin Cloud, operates automated
teller machines for buying and selling Bitcoin, Ethereum, Dogecoin,
and more than 40 other digital currencies with cash, card and
more.
Cash Cloud sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Nev. Case No. 23-10423) on Feb. 7, 2023, with $50
million to $100 million in assets and 100 million to $500 million
in liabilities. Chris McAlary, president of Cash Cloud, signed the
petition.
Judge Mike K. Nakagawa oversees the case.
The Debtor tapped Fox Rothschild, LLP as bankruptcy counsel; Baker
& Hostetler, LLP as regulatory counsel; and Province, LLC as
financial advisor. Stretto is the claims agent.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's case. The committee
tapped McDonald Carano, LLP and Seward & Kissel, LLP as legal
counsels; and FTI Consulting, Inc. as financial advisor.
CELSIUS NETWORK: Court Expunges Mlo's Unsecured Claim
-----------------------------------------------------
Chief Judge Martin Glenn of the United States Bankruptcy Court for
the Southern District of New York sustained the objection of Mohsin
Y. Meghji, the litigation administrator of Celsius Network LLC and
its affiliated debtors, to Cella Mlo's claim. The claim is expunged
in full.
Mlo filed a letter styled as a motion to compel as well as two
other letters seeking the same relief, all of which are related to
her proof of claim (claim no. 22960).
According to Mlo, she filed her proof of claim in a timely manner
on Jan. 2, 2023. Celsius' claims administrator's website confirms
that she did file her claim on that date, and hence filed it in a
timely manner, as the bar date was April 28, 2023. Her proof of
claim was also filed on the docket by the Litigation Administrator.
Mlo attached just one relevant document to her proof of claim: an
employment agreement. Mlo states in her letters to the Court that
she filed a claim for $35,000 consisting of $15,000 in priority
compensation under 11 U.S.C. section 507(a)(4) (i.e., a claim for
wages, salary, commissions, or certain sales commissions, if earned
within 180 days of Celsius' filing), and $20,000 as a general
unsecured claim, and explains that the claim is based on a signed
employment agreement, earned but unpaid compensation, consulting
work, and unreimbursed business expenses. On her proof of claim
itself, Mlo indicated that the basis of the claim was "services
performed, wrongful firing."
The Litigation Administrator seeks to have Mlo's claim disallowed
and expunged in its entirety.
According to the Litigation Administrator, Mlo started working for
Celsius on June 1, 2021, and was terminated for cause on August 6,
2021, before the first milestone date upon which any CEL tokens
would vest, according to Celsius' books and records and Mlo's
engagement agreement.
The Litigation Administrator argues that Mlo was not entitled to
any CEL token compensation: as she was employed for only 67 days,
she did not satisfy the one-year cliff requirement and did not
accrue any vested CEL tokens during her employment.
Upon review, the Litigation Administrator determined that the
additional documents she submitted to support her new theories of
liability failed to support a valid claim.
The Litigation Administrator claims he offered Mlo an additional
chance to provide further support, but she declined to take it.
The Litigation Administrator argues that Mlo failed to establish a
valid claim against Celsius since her $35,000 claim is based on a
purported grant of CEL tokens in connection with her employment
with Celsius, and since the only document she submitted to support
her claim was her employment agreement which did not provide her
with the right to any CEL tokens after a mere 67 days of
employment, she did not provide support for her $35,000 claim. The
Litigation Administrator does not address Mlo's claim under section
507(a)(4) of the Code in the Objection, apart from stating that
this is one of Mlo's new (post-bar date) theories of liability,
that the documents she submitted in support were insufficient to
sustain a claim, and that the new theories of liability are
untimely.
Mlo does not contest this characterization of her original claim.
The Court finds the Litigation Administrator is correct in arguing
that Mlo did not provide sufficient documentation to support her
claim. Mlo's attempts to provide additional supporting
documentation have failed, both because these efforts are properly
viewed as untimely amendments to her claim and because the
additional documentation does not support the merits of her claim.
If the Litigation Administrator's characterization of Mlo's
original claim is correct -- if her asserted basis of liability in
January of 2023 was an entitlement to CEL tokens based on language
in her employment agreement -- then Mlo's subsequent theories are
time-barred as improper amendments to her claim, the Court
concludes.
A copy of the Court's decision dated May 23, 2025, is available at
https://urlcurt.com/u?l=zvbh2q
Co-Counsel to Mohsin Y. Meghji as Litigation Administrator:
Seth H. Lieberman, Esq.
Matthew W. Silverman, Esq.
Andrew S. Richmond, Esq
PRYOR CASHMAN LLP
7 Times Square
New York, NY 10036
E-mail: slieberman@pryorcashman.com
msilverman@pryorcashman.com
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred January 31, 2024.
CHAPMAN CBC: Taps Stradling Yocca Carlson as Bankruptcy Counsel
---------------------------------------------------------------
Chapman CBC, LLC seeks approval from the U.S. Bankruptcy Court for
the Central District of California to hire Stradling Yocca Carlson
& Rauth LLP as its bankruptcy counsel.
The firm's services include:
a. advising the Debtor with regard to the requirements of the
Bankruptcy Court, Bankruptcy Code, Bankruptcy Rules and the Office
of the United States Trustee as they pertain to the Debtor;
b. advising the Debtor with regard to certain rights and
remedies of its bankruptcy estate and the rights, claims and
interests of creditors;
c. representing the Debtor in any proceeding or hearing in the
Bankruptcy Court involving its estate unless the Debtor is
represented in such proceeding or hearing by other special
counsel;
d. conducting examinations of witnesses, claimants or adverse
parties and representing the Debtor in any adversary proceeding
except to the extent that any such adversary proceeding is in an
area outside of Stradling's expertise or which is beyond
Stradling's staffing capabilities;
e. preparing and assisting the Debtor in the preparation of
reports, applications, pleadings and orders including, but not
limited to, applications to employ professionals, interim
statements and operating reports, initial filing requirements,
schedules and statement of financial affairs, lease pleadings, cash
collateral pleadings, financing pleadings, and pleadings with
respect to the Debtor's use, sale or lease of property outside the
ordinary course of business;
f. representing the Debtor with regard to obtaining use of
cash collateral, including, but not limited to, negotiating and
seeking Bankruptcy Court approval of any cash collateral pleading
or stipulation and preparing any pleadings relating to obtaining
use of cash collateral;
g. assisting the Debtor in the negotiation, formulation,
preparation and confirmation of a plan of reorganization and the
preparation and approval of a disclosure statement in connection
with the plan of reorganization; and
h. performing any other services which may be appropriate in
Stradling's representation of the Debtor during its bankruptcy
case.
The firm will be paid at these rates:
Fred Neufeld $1,195 an hour
Paul Glassman $1,195 an hour
Gregory K. Jones $695 an hour
The firm will be paid a retainer in the amount of $20,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Gregory Jones, Esq., a partner at Stradling Yocca Carlson & Rauth,
P.C., disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Gregory K. Jones, Esq.
STRADLING YOCCA CARLSON & RAUTH, P.C.
10100 Santa Monica Blvd, Suite 1450
Los Angeles, CA 90067
Tel: (424) 214-7000
Fax: (424) 214-7010
Email: gjones@stradlinglaw.com
About Chapman CBC, LLC
Chapman CBC, LLC, a California-based craft brewery, sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
C.D. Calif. Case No. 25-11286) on May 14, 2025, listing up to $1
million in assets and up to $10 million in liabilities. Wil Dee,
president of Chapman CBC, signed the petition.
Judge Mark D. Houle oversees the case.
Gregory K. Jones, Esq., at Stradling Yocca Carlson & Rauth, LLP,
represents the Debtor as legal counsel.
CHARTER SCHOOL: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Charter School Capital, Inc.
Grow Schools
9450 SW Gemini Dr
PMB 559064
Beaverton OR 97008-7105
Business Description: Charter School Capital Inc. provides
financing, development, and support services
to charter school leaders across the United
States. Headquartered in Portland, Oregon,
the privately held company operates three
core business lines focused on helping
schools secure facilities, fund operations,
and grow enrollment. Since its founding in
2006, it has deployed over $3 billion in
capital, supporting around 1,000 charter
schools nationwide.
Chapter 11 Petition Date: June 8, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-11016
Judge: Hon. Craig T Goldblatt
Debtor's
Bankruptcy
Co-Counsel: Aaron H. Stulman, Esq.
POTTER ANDERSON & CORROON LLP
1313 North Market Street, 6th Floor
Wilmington DE 19801
Tel: (302) 984-6000
Email: astulman@potteranderson.com
Debtor's
Bankruptcy
Co-Counsel: GOODWIN PROCTER LLP
Debtor's
Claims/Noticing
Agent: EPIQ CORPORATE RESTRUCTURING, LLC
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Stuart Ellis as chief executive
officer.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/HUSQTSY/Charter_School_Capital_Inc__debke-25-11016__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Chapman and Cutler LLP Professional $429,424
David T. B. Audley Services
320 South Canal Street
27th Floor
Chicago, IL 60606
David T. B. Audley
Email: audley@chapman.com
Phone: (312) 845-3000
2. One Thousand Broadway Building Facilities $96,677
LLC Expense
1000 SW Broadway, Suite 1770
Portland, OR 97205
Susan Foley
Email: sfoley@1000broadwaybldg.com
Phone: (503) 227-2116
3. Expensify Visa Commercial Credit Cards $70,000
Card Program
401 SW 5th Ave.
Portland, OR 97204
Email: Concierge@expensify.com
4. Hartford Fire Insurance Company Insurance $23,620
One Hartford Plaza
Hartford, CT 06155
Phone: (860) 547-5000
5. NetSuite Inc. Software $20,377
Bank of America Lockbox Services
15612 Collections Center Drive
Chicago, IL 60693
Email: collectionsteam_US@Oracle.com
Phone: (888) 803-7414
6. Bergeson LLP Professional $14,600
111 N. Market Street Suite 600 Services
San Jose, CA 95113
John Pernick
Email: jpernick@be-law.com
Phone: (408) 291-6200
7. U.S. Bank Bank Fees $11,700
CM-9690
St. Paul, MN 55170-9690
Beth Nally
Email: beth.nally@usbank.com
Phone: (617) 603-6882
8. CoStar Realty Information, Inc. Software $7,936
2563 Collection Center Dr
Chicago, IL 60693
Tyler Sterling
Email: billing@costar.com
Phone: (800) 894-4720
9. Human Resource Plus, Inc Professional $5,062
2034 E Lincoln Ave #390 Services
Anaheim, CA 92806-4101
Christina Gonzalez-Hicks
Email: Christina@humanresourceplus.com
Phone: (714) 351-2118
10. Omnivo, Inc Professional $3,700
5940 S Rainbow Blvd, Ste 400 Services
PMB 32312
Las Vegas, NV 89118
Jason Sun
Email: info@omnivodigital.com
Phone: (424) 256-8112
11. Degree, Inc. Software $3,564
360 Spear St
Floor 4
San Francisco, CA 94105
Email: billing@lattice.com
12. Highnoon Ventures LLC Professional $3,540
5343 N 16th Street Suite 300 Services
Phoenix, AZ 85016
Email: accountinghn@agital.com
13. Cogency Global Inc. Trade Debts $3,384
PO Box 3168
Hicksville, NY 11802
Roberto Arellano Garcia
Email: ar@cogencyglobal.com
Phone: (800) 554-3113
14. Vistra International Expansion Professional $2,861
Limited Services
Suite 1, 7th Floor
50 Broadway
London SW1H 0BL United
Jo Timms
Email: uk.accounts.receivable@vistra.com
Phone: +44 (0)117 918 1450
15. New Breed Marketing LLC Marketing $2,500
44 Lakeside Ave Suite 103
Burlington, VT 05401
Email: finance@newbreedmarketing.com
Phone: (802) 655-0800
16. First-Citizens Bank & Trust Copier $373
Company dba First Citizens Bank
P.O. Box 100706
Pasadena, CA 91189-0706
Email: service@firstcitizens.com
Phone: (877) 661-29287
17. SMB Technologies, Inc. IT Services $295
4804 NE Bethany Blvd. I2-#143
Portland, OR 97229
Ronald Rothstein
Email: rrothstein@smbtechnologies.com
Phone: (503) 895-9793
18. Kentucky Department of Revenue Tax $175
PO Box 856910
Louisville, KY 40285-6910
Phone: (502) 564-4921
19. Wick Phillips Gould Professional $118
& Martin, LLP Services
3131 McKinney Avenue, Suite 500
Dallas, TX 75204
Sarah King
Email: Sara.king@wickphillips
Phone: (214)420-4082
20. Stericycle Shredding $117
Stericycle Legal Department Company
Attn: Legal Department
2355 Waukegan Road
Bannockburn, IL 60015
Email: Customercare@stericycle.com
CHARTER SCHOOL: Seeks Chapter 11 Bankruptcy with Up to $50MM Debt
-----------------------------------------------------------------
Yun Park of Law360 reports that Charter School Capital Inc., a
provider of funding to charter schools across the U.S., has filed
for Chapter 11 bankruptcy protection in Delaware, reporting debt of
up to $50 million.
The company said it intends to sell the business as part of the
restructuring process.
About Charter School Capital Inc.
Charter School Capital Inc. is a provider of funding to charter
schools across the U.S.
Charter School Capital Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11016) on June 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by James R. Risener, III, Esq., Ethan H.
Sulik, Esq., Brett Michael Haywood, Esq., and Aaron H. Stulman,
Esq. at Potter Anderson & Corroon LLP.
CHASE INTERMEDIATE: OHA Senior Marks $433,000 1L Loan at 89% Off
----------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $433,000 loan
extended to Chase Intermediate, LLC to market at $48,000 or 11% of
the outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Chase
Intermediate, LLC. The loan accrues interest at a rate of 9.04% per
annum. The loan matures on October 30, 2028.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Chase Intermediate, LLC
Chase Intermediate, LLC is engaged in the design and development of
software and information technology solutions and services.
CHASE INTERMEDIATE: OHA Senior Marks $8.6M 1L Loan at 30% Off
-------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $8,633,000 loan
extended to Chase Intermediate, LLC to market at $6,047,000 or 70%
of the outstanding amount, according to OHA Senior's Form 10-Q for
the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Chase
Intermediate, LLC. The loan accrues interest at a rate of 9.04% per
annum. The loan matures on October 30, 2028.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Chase Intermediate, LLC
Chase Intermediate, LLC is engaged in the design and development of
software and information technology solutions and services.
CHG US: Seeks to Hire Ordinary Course Professionals
---------------------------------------------------
CHG US Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to retain non-bankruptcy professionals
in the ordinary course of business.
The Debtors need ordinary course professionals to perform services
for matters unrelated to this Chapter 11 case.
The Debtors seek to pay OCPs 100 percent of the fees and expenses
incurred.
The Debtors do not believe that any of the OCPs have an interest
materially adverse to them, their estates, creditors, or other
parties in interest in connection with the matter upon which they
are to be engaged.
The OCPs include:
Saul Ewing LLP
--General legal counsel and New York liquor licensing counsel
Goodmans LLP
--Canadian employment counsel
CohnReznick Advisory LLC
--U.S. tax services
Froehling Anderson Ltd.
--U.S. tax Services
Fruitman Kates LLP
--Canadian tax Services
CT Corporation
--State Reporting and
--Ownership Report Services (U.S. entities)
Siegel & Moses, PC
--Liquor licensing counsel (IL)
Sard & Leff, LLC
--Liquor licensing counsel (GA)
Greenspoon Marder LLP
--Liquor licensing counsel (FL)
Royston, Mueller, McLean & Reid LLP
--Liquor licensing counsel (MD)
Mallios O'Brien & Sandground PLLC
--Liquor licensing counsel (DC)
Rawlings Consulting
--Liquor licensing counsel (CA)
Vasso's Law
--Liquor licensing counsel (Canada)
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.
CHG US: Seeks to Hire Pashman Stein Walder as Bankruptcy Counsel
----------------------------------------------------------------
CHG US Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Pashman Stein Walder Hayden,
P.C. as bankruptcy counsel.
The firm will render these services:
(a) perform all necessary services as the Debtor's bankruptcy
counsel;
(b) take all necessary actions to protect and preserve the
Debtor's estate during this Chapter 11 case;
(c) prepare or coordinate preparation on behalf of the Debtor,
any necessary legal papers in connection with the administration of
this Chapter 11 case;
(d) counsel the Debtor with regard to its rights and
obligations;
(e) coordinate with the Debtor's other professionals in
representing the Debtor in connection with this Chapter 11 case;
and
(f) perform all other necessary or requested legal services.
The hourly rates of the firm's counsel and staff are:
Partners $695 to $975
Counsel $460 to $690
Associates $465 to $485
Paraprofessionals $395 to $430
In addition, the firm will seek reimbursement for expenses
incurred.
Pashman received payments of $37,500, $37,500, $30,000, and $45,000
on April 30, 2025, May 5, 2025, May 9, 2025, and May 12, 2025,
respectively, all of the foregoing as an advance fee for services
to be rendered and expenses to be incurred.
Joseph Barsalona, II, Esq. a partner at Pashman Stein Walder
Hayden, disclosed in court filings that their firms are
"disinterested persons" as the term is defined in Section 101(14)
of the Bankruptcy Code.
The firms can be reached through:
Joseph Barsalona II, Esq.
Michael Custer, Esq.
Alexis R. Gambale, Esq.
Pashman Stein Walder Hayden P.C.
824 North Market Street, Suite 800
Wilmington, DE 19801
Telephone: (302) 592-6496
Email: jbarsalona@pashmanstein.com
mcuster@pashmanstein.com
agambale@pashmanstein.com
About CHG US Holdings LLC
CHG US Holdings LLC, operating as PLANTA GROUP, operates a chain of
plant-based restaurants with 18 locations across major U.S. cities.
The company's restaurants are located in Miami Beach, Brooklyn,
SOHO, Nomad, Washington DC, Atlanta, Denver, Los Angeles, West Palm
Beach, Chicago, and other metropolitan areas. These restaurants
likely offer exclusively plant-based cuisine based on the PLANTA
brand name and food vendor creditors listed in the filing.
CHG US Holdings LLC and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10851) on
May 12, 2025. In its petition, the Debtor reports assets between
$50,000 and $100,000, and liabilities ranging from $10 million to
$50 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Joseph C. Barsalona II, Esq. and
Michael J. Custer, Esq. at Pashman Stein Walder Hayden.
CHG US: Seeks to Hire Stretto Inc as Administrative Advisor
-----------------------------------------------------------
CHG US Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Stretto, Inc. as
administrative advisor.
The firm will provide these services:
a. assist with, among other things, solicitation, balloting,
and tabulation of votes; prepare any related reports, as required
in support of confirmation of a Chapter 11 plan;
b. prepare an official ballot certification and, if necessary,
testify in support of the ballot tabulation results;
c. assist with the preparation of the Debtors' schedules of
assets and liabilities and statements of financial affairs and
gather data in conjunction therewith;
d. provide a confidential data room;
e. manage and coordinate any distributions pursuant to a
Chapter 11 plan if designated as distribution agent under such
plan; and
f. provide such other solicitation, balloting and other
administrative services described in the Engagement Agreement, but
not included in the Section 156(c) Application, as may be requested
from time to time by the Debtors, the Bankruptcy Court or the
Office of the Clerk of the Bankruptcy Court.
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.
Sheryl Betance, a partner at Senior Managing Director of Corporate
Restructuring, 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:
Sheryl Betance
Stretto, Inc.
410 Exchange, Ste. 100
Irvine, CA 92602
Tel: (714) 716-1872
Email: sheryl.betance@stretto.com
About CHG US Holdings LLC
CHG US Holdings LLC, operating as PLANTA GROUP, operates a chain of
plant-based restaurants with 18 locations across major U.S. cities.
The company's restaurants are located in Miami Beach, Brooklyn,
SOHO, Nomad, Washington DC, Atlanta, Denver, Los Angeles, West Palm
Beach, Chicago, and other metropolitan areas. These restaurants
likely offer exclusively plant-based cuisine based on the PLANTA
brand name and food vendor creditors listed in the filing.
CHG US Holdings LLC and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10851) on
May 12, 2025. In its petition, the Debtor reports assets between
$50,000 and $100,000, and liabilities ranging from $10 million to
$50 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Joseph C. Barsalona II, Esq. and
Michael J. Custer, Esq. at Pashman Stein Walder Hayden.
CHG US: Seeks to Tap Wen Rittsteuer of Novo Advisors as CRO
-----------------------------------------------------------
CHG US Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Novo Advisors, LLC and
designate Wen Rittsteuer as chief restructuring officer.
The firm will provide these services:
a. provide support services to the Debtors as CRO;
b. prepare cash flow statements and a debtor-in-possession
("DIP") budget forecast to support the chapter 11 bankruptcy
process;
c. evaluate potential debtor-in-possession financing options,
assist in preparing the required materials, and support the Debtors
in assessing and negotiating alternatives;
d. assist with standard chapter 11 filing requirements,
including overseeing the preparation of Schedules of Assets and
Liabilities, Statements of Financial Affairs, and Monthly Operating
Reports;
e. provide the necessary support and guidance in an orderly
sale process as contemplated;
f. provide other support as needed over the course of the
chapter 11 process; and
g. report to the Board on all matters requiring Board approval
under the Company's operating agreement.
Novo's standard hourly rates applicable in the United States range
from $425 to $1,095 per hour. Ms. Rittsteuer's current rate is
$775.
Novo is a "disinterested person" as that term is defined by section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Wen Rittsteuer
Novo Advisors, LLC
401 N. Franklin St., Suite 4 East
Chicago, IL 60654
Phone: (917) 363-3537
Email: WRittsteuer@novo-advisors.com
About CHG US Holdings LLC
CHG US Holdings LLC, operating as PLANTA GROUP, operates a chain of
plant-based restaurants with 18 locations across major U.S. cities.
The company's restaurants are located in Miami Beach, Brooklyn,
SOHO, Nomad, Washington DC, Atlanta, Denver, Los Angeles, West Palm
Beach, Chicago, and other metropolitan areas. These restaurants
likely offer exclusively plant-based cuisine based on the PLANTA
brand name and food vendor creditors listed in the filing.
CHG US Holdings LLC and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10851) on
May 12, 2025. In its petition, the Debtor reports assets between
$50,000 and $100,000, and liabilities ranging from $10 million to
$50 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Joseph C. Barsalona II, Esq. and
Michael J. Custer, Esq. at Pashman Stein Walder Hayden.
CHICAGO SMILES: Gets OK to Use Cash Collateral Until June 20
------------------------------------------------------------
Chicago Smiles, LLC got the green light from the U.S. Bankruptcy
Court for the Northern District of Illinois, Eastern Division to
use cash collateral.
The court's order authorized the company's interim use of cash
collateral from May 29 to June 20 to fund business expenses in
accordance with a court-approved budget.
PNC Bank, National Association, a secured creditor, asserts
approximately $490,000 in pre-bankruptcy claims potentially secured
by cash collateral. Other potential secured creditors include BHG,
CAN Capital Inc., and Revenued, LLC.
In case of any diminution in the value of their interests in cash
collateral, the secured creditors will be granted a post-petition
security interest in and lien on the company's assets similar to
their pre-bankruptcy collateral.
The next hearing is set for June 17.
About Chicago Smiles LLC
Chicago Smiles, LLC provides a range of dental services, including
cosmetic, implant, and restorative dentistry. The practice offers
treatments such as teeth whitening, veneers, crowns and bridges,
dental implants, Invisalign, root canal therapy, and dentures.
Located in Chicago, the clinic supports new patients with education
on oral health, pain management, and various dental care options.
Chicago Smiles sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-07740) on
May 21, 2025. In its petition, the Debtor reported estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
Judge Donald R. Cassling handles the case.
The Debtor is represented by William Factor, Esq., at The Law
Office of William J. Factor, Ltd.
CHUNGA-JINGA LLC: Taps Diamond Real Inc as Real Estate Broker
-------------------------------------------------------------
Chunga-Jinga LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire Diamond Real Inc. as its
real estate broker.
The firm will market and sell the Debtor's property located at 3042
Brighton Sixth St, Brooklyn, NY 11235 (Block 8675, Lot 90).
Diamond will receive a flat fee percentage payment of 2 percent of
the total sale proceeds.
Maryana Savkiv, broker at Diamond Real Inc., disclosed in a court
filing that the firm is a "disinterested person" pursuant to
Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Maryana Savkiv
Diamond Real Inc.
55 Oceana Drive East
Brooklyn, NY 11235
About Chunga-Jinga LLC
Chunga-Jinga LLC is a real estate management company based in
Brooklyn, New York, primarily focused on owning and managing
residential properties.
Chunga-Jinga LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41417) on March 26,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Robert J. Spence, Esq. at SPENCE LAW
OFFICE, P.C.
COLD SPRING: Committee Taps Kroll Associates as Financial Advisor
-----------------------------------------------------------------
The official committee of unsecured creditors of Cold Spring
Acquisition, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of New York to hire Kroll Associates, Inc. as
its financial advisors.
The firm's services include:
a. analyze the financial document production and information
provided by the Debtor and its principals;
b. scrutinize cash disbursements for the periods prior to the
Debtor's Petition Date;
c. attend conferences with the Committee and its
professionals, as may be required;
d. assist the Committee with any investigation into the
pre-petition acts, conduct, transfers of property, liabilities,
financial condition of the Debtor, their management, or creditors,
including the operation of the Debtor's pre-petition business;
e. assist the Committee and its counsel in any litigation
proceedings against potential adversaries; and
f. perform those services that may be deemed necessary by the
Committee in Kroll's role as financial advisor to the Committee.
Kroll's hourly rates to be charged for these services is $400 per
hour.
The following is provided in compliance with Section D.1 of the
Guidelines for Reviewing Applications for Compensation and
Reimbursement of Expenses Filed Under 11 U.S.C. Sec. 330 by
Attorneys in Larger Chapter 11 Cases, effective as of Nov. 1,
2013:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: Kroll has agreed to a discount off of its standard
rates. Kroll has agreed to reduce its rates to $400/hour.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No. The hourly rates charged by Kroll in representing
the Committee are consistent with the rates Kroll charges other
clients in connection with chapter 11 cases, regardless of the
location of the chapter 11 case.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post petition, explain the
difference and the reasons for the difference.
Answer: The Committee was formed after the Petition Date and,
therefore, Kroll was not retained by the Committee in the 12 months
prepetition.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: Kroll has agreed with the Committee as to a staffing
plan and is working with the Committee on a budget for the duration
of this chapter 11 case.
Kroll is "disinterested" as that term is defined in 11 U.S.C. Sec.
101(14), according to court filings.
The firm can be reached through:
Richard T. Faughnan
Kroll Associates, Inc.
One World Trade Center
285 Fulton Street, 31st Floor
New York, NY 10007
Tel: (212) 593-1000
About Cold Spring Acquisition
Cold Spring Acquisition, LLC operates a skilled nursing and
rehabilitation facility in Woodbury, N.Y. In particular, the senior
care facility provides hospice, dementia care, medical needs and
rehabilitation care, and runs a senior day program.
Cold Spring Acquisition filed Chapter 11 petition (Bankr. S.D. N.Y.
Case No. 25-22002) on January 2, 2025, with $1 million to $10
million in assets and $50 million to $100 million in liabilities.
Judge Sean H. Lane oversees the case.
The Debtor is represented by Schuyler G. Carroll, Esq. at Manatt,
Phelps & Phillips, LLP.
COMPAC USA: Hires Genesis Credit Partners as Financial Advisor
--------------------------------------------------------------
Compac USA Inc. seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to employ Genesis Credit Partners
LLC as financial advisor.
The firm will render these services:
a. review and analyze the Debtor’s historical financial
statements, review the underlying assumptions of the Debtor’s
financial projections, and assist the Debtor and its legal counsel
in defending the reasonableness and feasibility of such forecasts;
b. analyze the industry in which the Debtor participates and
the Debtor’s key competitors and use this data to assist the
Debtor in conducting an analysis of the Debtor’s solvency over
various periods of time as requested by Debtor and its legal
counsel;
c. assist in connection with motions, responses, or other
court activity as directed by Debtor’s legal counsel with respect
to the above workstreams;
d. participate in depositions and testimony related to GCP’s
workstreams and as directed by Debtor’s legal counsel; and
e. assist in other activities as are approved by Debtor, its
other professionals and GCP.
The firm will be paid at these rates:
Partners $775 to $1,000 per hour
Directors/MDs $625 to $725 per hour
Associates/VPs $475 to $575 per hour
Analysts $325 to $425 per hour
As disclosed in the court filings, Genesis is "disinterested" as
that term is defined in section 101(14) of the Bankruptcy Code and
does not hold or represent an interest adverse to the Debtors'
estates with respect to the matters for which Genesis is to be
employed.
The firm can be reached through:
Edward Kim
Genesis Credit Partners LLC
701 Brickell Avenue, Suite 1480
Miami, FL 33131
Phone: (646) 509-3490
Email: ekim@gencp.com
About Compac USA Inc.
Compac USA Inc. is a Florida entity incorporated in 2002 to market
and sell Compac stone products. The Debtor specializes in obsidian,
terrazzo, and quartz surfaces for architecture and design. The
Debtor maintains showrooms in Miami, Florida and New York, New
York.
Compac USA sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Fla. Case No. 24-23372) on December 21, 2024.
Francisco A. Sanchis-Brines, president of Compac USA, signed the
petition.
As of November 24, 2024, Compac USA reported total assets of
$5,342,926 and total liabilities of $739,872.
Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Joseph A. Pack, Esq. at Pack Law.
CONSOLIDATED BURGER: Affiliate to Sell Restaurants to King Fisher
-----------------------------------------------------------------
Consolidated Burger Holdings LLC and its affiliates, Consolidated
Burger A, LLC and Consolidated Burger B, LLC, seek approval from
the U.S. Bankruptcy Court for the Northern District of Florida,
Tallahassee Division, to sell Restaurants, free and clear of liens,
claims, and encumbrances.
The Debtors seek to sell substantially all of the Debtors' assets
and to secure approval of and consummate one or more going concern
sales of such assets.
The Court has entered an order approving the Bidding Procedures,
which among other things, set June 2, 2025, as the Final Bid
deadline.
The Debtors want to sell the Restaurants to King Fisher Franchises
LLC, free and clear of all liens, claims, interests, and
encumbrances.
The purchase price of the Assets is $1,200,000, with a deposit of
$120,000.
The Debtors believe that the agreement represents the highest or
otherwise best offer received with respect to the purchase of the
Assets in accordance with Bidding Procedures Order.
About Consolidated Burger Holdings LLC
Consolidated Burger Holdings LLC and affiliates are among the
largest franchisees of Burger King, the world's second-largest fast
food hamburger chain. As of the Petition Date, they operated 57
Burger King restaurants across prime markets in Florida and
Southern Georgia. These restaurants are informally grouped into
three geographic clusters: (i) Tallahassee and Southern Georgia,
comprising 18 locations; (ii) South Florida, with 19 locations; and
(iii) the Florida Panhandle, with 20 locations. Debtor
Consolidated
Holdings is the sole member and 100% equity owner of both
Consolidated A and Consolidated B.
Consolidated Burger Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-40162) on
April 14, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $50 million and $100 million each.
Honorable Bankruptcy Judge Karen K. Specie handles the case.
The Debtor is represented by Paul Steven Singerman, Esq., Jordi
Guso, Esq., Christopher Andrew Jarvinen, Esq., and Brian G. Rich,
Esq. at BERGER SINGERMAN LLP. DEVELOPMENT SPECIALISTS, INC., is
the Debtors' Restructuring Advisor. PEAK FRANCHISE CAPITAL LLC is
the Debtors' Investment Banker. OMNI AGENT SOLUTIONS, INC. is the
Debtors' Notice & Claims Agent.
CTN HOLDINGS: Committee Hires Dundon Advisers as Financial Advisor
------------------------------------------------------------------
The official committee of unsecured creditors of CTN Holdings, Inc.
and its affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Dundon Advisers LLC as its
financial advisor.
The firm will render these services:
a. assist in the analysis, review, and monitoring of the
restructuring process, including, but not limited to, an assessment
of the unsecured claims pool and potential recoveries for unsecured
creditors;
b. assist in the sales process for the assets of the Debtors;
c. develop a complete understanding of the Debtors' businesses
and their valuations;
d. determine whether there are viable alternative paths for
the disposition of the Debtors' assets from those currently or in
the future proposed by any Debtor;
e. assist the Committee in identifying, valuing, and pursuing
estate causes of action, including, but not limited to, relating to
prepetition transactions, control person liability, and lender
liability;
f. advise the Committee in negotiations with the Debtors and
certain of the Debtors' lenders;
g. assist the Committee in reviewing the Debtors' financial
reports including, but not limited to, statements of financial
affairs, schedules of assets and liabilities, cash budgets, and
monthly operating reports;
h. review and provide analysis of the present and any
subsequently proposed debtor-in-possession financing or use of cash
collateral;
i. assist the Committee in evaluating and analyzing avoidance
actions, including fraudulent conveyances and preferential
transfers;
j. assist the Committee in investigating whether there are any
unencumbered assets at any Debtor entity;
k. attend meetings and assist in discussions with the
Committee, the Debtors, the secured lenders, the U.S. Trustee and
other parties in interest and professionals;
l. present at meetings of the Committee, as well as meetings
with other key stakeholders and parties;
m. perform such other advisory services for the Committee as
may be necessary or proper in these proceedings, subject to the
aforementioned scope.
The current hourly rates of Dundon professionals are:
Principal $960
Managing Director $850
Senior Advisor $850
Senior Director $755
Director $700
Associate Director $590
Senior Associate $485
Associate $350
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Joshua Nahas, a managing director at Dundon Advisers LLC, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Joshua Nahas
Dundon Advisers LLC
Ten Bank Street, Suite 1100
White Plains, NY 10606
Tel: (914) 341-1188
Fax: (212) 202-4437
Email: jn@dundon.com
About CTN Holdings
CTN Holdings Inc., formerly known as Aspiration Partners Inc., is a
climate finance company specializing in providing high-quality
carbon solutions to businesses worldwide. They connect companies
with effective decarbonization strategies and a wide range of
carbon removal projects, selling carbon credits sourced from a
diverse network of project developers. The company is famous for
providing carbon creditors of Microsoft Corp., Meta Platforms Inc.,
and other big companies.
CTN Holdings Inc. and six of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
25-10613) on March 30, 2025. In the petition, the Debtors reported
estimated assets of $50 million to $100 million and up to $50,000
and estimated liabilities of $100 million to $500 million. The
petitions were signed by Miles Staglik as chief restructuring
officer.
The Debtors tapped Whiteford, Taylor & Preston LLC as counsel and
BDO USA PC as tax consultants. Kurtzman Carson Consultants, LLC dba
Verita Global, is the Debtors' claims and noticing agent.
CTN HOLDINGS: Committee Taps Gibbons P.C. as Bankruptcy Counsel
---------------------------------------------------------------
The official committee of unsecured creditors of CTN Holdings, Inc.
and its affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Gibbons P.C. as its
counsel.
The firm will render these services:
(a) attend the meetings of the Committee;
(b) review financial and operational information furnished by
the Debtors to the Committee;
(c) investigate and determine the value of unencumbered
assets;
(d) analyze and negotiate the budget and the terms of the
Debtors' use of cash collateral;
(e) assist in the efforts to sell assets or equity of the
Debtors in a manner that maximizes the value for creditors;
(f) review and diligence the proposed sale(s) of the Debtors'
assets;
(g) if applicable, review and analyze chapter 11 plan issues
and pursue confirmation of a plan or plans as may be appropriate to
provide distributable value to the holders of general unsecured
claims;
(h) review and investigate the liens of any purported secured
parties;
(i) review and investigate prepetition transactions in which
the Debtors and/or their insiders were involved;
(j) confer with the Debtors' management, counsel and financial
advisors;
(k) review the Debtors' schedules and statements of financial
affairs;
(l) advise the Committee as to the ramifications regarding all
of the Debtors' activities and motions before this Court;
(m) file appropriate pleadings on behalf of the Committee;
(n) review and analyze the Debtors' financial professionals'
work product and report to the Committee on that analysis;
(o) provide the Committee with legal advice in relation to
these Chapter 11 Cases;
(p) prepare various applications and memoranda of law
submitted to the Court for consideration; and
(q) perform such other legal services for the Committee as may
be necessary or proper in this proceeding.
The firm's current hourly rates range from $275 for paralegals to
$1,600 for the firm's most senior partners.
The current hourly rates of the primary Gibbons professionals are:
Robert K. Malone, Director $1,375
Brett S. Theisen, Director $850
Katharina Earle, Director $825
Christopher P. Anton, Counsel $850
Kyle P. McEvilly, Associate $525
Neal Mitchell, Paralegal $375
Mr. Malone also provided the following in response to the request
for additional information set forth in Section D of the Revised
U.S. Trustee Guidelines:
a. Gibbons did not agree to any variation from, or alternative
to, its standard or customary billing arrangements for matters of
this nature;
b. none of the professionals included in this engagement have
varied their rate based upon the geographic location of the Chapter
11 Cases;
c. the Committee retained Gibbons on April 13, 2025. The
billing rates for the period prior to this Application are the same
as indicated in this Application; and
d. the Committee and Gibbons intend on developing a
prospective budget and staffing plan in a reasonable effort to
comply with the U.S. Trustee's request for information and
additional disclosures. Consistent with the UST Guidelines, any
budget may be amended as necessary to reflect changed circumstances
or unanticipated developments.
Mr. Malone 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:
Robert K. Malone, Esq.
Gibbons PC
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
Email: rmalone@gibbonslaw.com
About CTN Holdings
CTN Holdings Inc., formerly known as Aspiration Partners Inc., is a
climate finance company specializing in providing high-quality
carbon solutions to businesses worldwide. They connect companies
with effective decarbonization strategies and a wide range of
carbon removal projects, selling carbon credits sourced from a
diverse network of project developers. The company is famous for
providing carbon creditors of Microsoft Corp., Meta Platforms Inc.,
and other big companies.
CTN Holdings Inc. and six of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
25-10613) on March 30, 2025. In the petition, the Debtors reported
estimated assets of $50 million to $100 million and up to $50,000
and estimated liabilities of $100 million to $500 million. The
petitions were signed by Miles Staglik as chief restructuring
officer.
The Debtors tapped Whiteford, Taylor & Preston LLC as counsel and
BDO USA PC as tax consultants. Kurtzman Carson Consultants, LLC dba
Verita Global, is the Debtors' claims and noticing agent.
CYTOPHIL INC: Taps Schmidt Rupke Tess-Mattner as Special Counsel
----------------------------------------------------------------
Cytophil, Inc. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Wisconsin to employ Schmidt Rupke
Tess-Mattner & Fox, S.C. to act as special counsel.
The firm's services include:
(a) pursue and prosecute claims against former employees of
Debtor for violations of confidentiality obligations and related
matters;
(b) terminate and pursue and prosecute claims related to a
sublease agreement and agreement to develop and supply
sterilization services between Debtor and Advasaf, LLC; and
(c) assist with any claim objections the Debtor may file in
its bankruptcy case.
The firm will be paid as follows:
Stephen L. Fox $485 per hour
Amy Hetzner $350 per hour
Schmidt Rupke Tess-Mattner & Fox, S.C. is a "disinterested person"
within the meaning of Sec. 101(14) of the Bankruptcy Code and as
required by Sec. 327(a), and does not hold
or represent an interest adverse to the Debtor's estate, as
disclosed in the court filing.
The firm can be reached through:
Stephen L. Fox, Esq.
Amy Hetzner, Esq.
Schmidt Rupke Tess-Mattner & Fox, S.C.
3400 Intertech Drive, Suite 400
Brookfield, WI 53045
Telephone: (262) 814-0080
Facsimile: (262) 814-0085
Email: slf@srtf-law.com
ah@srtf-law.com
About Cytophil Inc.
Cytophil Inc., doing business as RegenScientific, operates in the
field of manufacturing medical devices.
Cytophil sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. E.D. Wis. Case No. 25-20576) on February 4, 2025. In its
petition, the Debtor reported total assets of $1,131,109 and total
liabilities of $3,520,398 as of September 30, 2024.
Judge G. Michael Halfenger handles the case.
The Debtor tapped Evan P. Schmit, Esq., at Kerkman & Dunn as
counsel and JDP Consulting, Ltd. as accountant.
D TUR HOTEL: Seeks Chapter 11 Bankruptcy in California
------------------------------------------------------
On June 6, 2025, D Tur Hotel LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of California.
According to court filing, the Debtor reports between $10 million
and $50 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About D Tur Hotel LLC
D Tur Hotel LLC operates a motel property in Turlock, California.
D Tur Hotel LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-90467) on June 6,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Christopher D. Jaime handles the
case.
The Debtors are represented by Michael Jay Berger, Esq. at LAW
OFFICES OF MICHAEL JAY BERGER.
DEDICATION & EVERLASTING: Hires Hahn Fife & Company as Accountant
-----------------------------------------------------------------
Todd Frealy, the Chapter 11 trustee for Dedication & Everlasting
Love To Animals, received approval from the U.S. Bankruptcy Court
for the Central District of California to hire Hahn Fife & Company,
LLP as accountants.
The firm will render these services:
(a) perform any necessary tax and advisory work required for
the estate, including, without limitation, an analysis of the
Debtor's financial operations, history and transactions; assist in
the preparation of financial data and reports such as cash flow
projections for cash collateral motions and any prospective plan of
reorganization; preparation of monthly operating reports; analysis
of the Debtor's books, records and bank statements for potential
avoidance actions or other claims; and preparation and filing of
state and federal tax returns as necessary; and
(b) provide such other accounting services as requested by the
Trustee.
The hourly rates of the firm's counsel and staff are:
Donald T. Fife, CPA $530
Staff $80
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Fife 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:
Donald T. Fife, CPA
Hahn Fife & Company LLP
1055 East Colorado Blvd., 5th Fl.
Pasadena, CA 91101
Telephone: (626) 792-0855
Facsimile: (626) 270-5701
Email: dfife@hahnfife.com
About Dedication & Everlasting Love To Animals
Dedication & Everlasting Love To Animals (D.E.L.T.A. Rescue)
operates a no-kill, care-for-life animal sanctuary in Acton, Calif.
Founded in 1979, the organization rescues abandoned dogs and cats,
providing lifelong shelter and medical care across a 115-acre
facility. It is privately funded and not open to the public.
Dedication & Everlasting Love To Animals sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No.
25-13881) on May 9, 2025. In its petition, the Debtor reported
estimated assets between $10 million and $50 million and estimated
liabilities between $1 million and $10 million.
Judge Neil W. Bason handles the case.
The Debtor is represented by William R. Hess, Esq., at the Law
Offices of William R. Hess.
DEDICATION & EVERLASTING: Trustee Taps Levene Neale as Counsel
--------------------------------------------------------------
Todd Frealy, the Chapter 11 trustee for Dedication & Everlasting
Love To Animals, received approval from the U.S. Bankruptcy Court
for the Central District of California to hire Levene, Neale,
Bender, Yoo & Golubchik L.L.P. as general bankruptcy counsel.
The firm's services include:
a. advising the Trustee with regard to the requirements of the
Bankruptcy Court, Bankruptcy Code, Bankruptcy Rules and the Office
of the United States Trustee as they pertain to the Debtor and the
Trustee;
b. advising the Trustee with regard to issues pertaining to
the use of cash collateral;
c. advising the Trustee with regard to certain rights and
remedies of the bankruptcy estate and the rights, claims and
interests of creditors;
d. representing the Trustee in any proceeding or hearing in
the Bankruptcy Court involving its estate unless the Trustee is
represented in such proceeding or hearing by other special
counsel;
e. conducting examinations of witnesses, claimants or adverse
parties and representing the Trustee in any adversary proceeding
except to the extent that any such adversary proceeding is in an
area outside of LNBYG's expertise or which is beyond LNBYG's
staffing capabilities;
f. preparing and assisting the Trustee in the preparation of
reports, applications, pleadings and orders including, but not
limited to objections to claims, settlements and other matters
relating to the case;
g. investigating, evaluating, and prosecuting objections to
claims as may be appropriate; and
h. performing any other services which may be appropriate in
LNBYG's representation of the Trustee during the bankruptcy case.
The firm will be paid at these hourly rates:
David L. Neale 750
Ron Bender 750
Timothy J. Yoo 750
David B. Golubchik 750
Eve H. Karasik 750
Gary E. Klausner 750
Eric P. Israel 750
Brad D. Krasnoff 750
Edward M. Wolkowitz 750
Beth Ann R. Young 750
Monica Y. Kim 725
Philip A. Gasteier 725
John N. Tedford, Iv 725
Daniel H. Reiss 725
Todd A. Frealy 725
Kurt Ramlo 725
Richard P. Steelman, Jr. 725
Juliet Y. Oh 725
Todd M. Arnold 725
Krikor J. Meshefejian 725
John-Patrick M. Fritz 725
Joseph M. Rothberg 725
Jeffrey Kwong 725
Michael D’alba 725
Carmela T. Pagay 700
Anthony A. Friedman 700
Lindsey L. Smith 650
Robert Carrasco 550
Paraprofessionals 300
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Krikor J. Meshefejian, Esq., a partner at Levene, Neale, Bender,
Yoo, and Golubchik L.L.P., 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:
Krikor J. Meshefejian, Esq.
Levene, Neale, Bender, Yoo & Golubchik, LLP
2818 La Cienega Avenue
Los Angeles, CA 90034
Tel: (310) 229-1234
Fax: (310) 229-1244
Email: kjm@lnbyg.com
About Dedication & Everlasting Love To Animals
Dedication & Everlasting Love To Animals (D.E.L.T.A. Rescue)
operates a no-kill, care-for-life animal sanctuary in Acton, Calif.
Founded in 1979, the organization rescues abandoned dogs and cats,
providing lifelong shelter and medical care across a 115-acre
facility. It is privately funded and not open to the public.
Dedication & Everlasting Love To Animals sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No.
25-13881) on May 9, 2025. In its petition, the Debtor reported
estimated assets between $10 million and $50 million and estimated
liabilities between $1 million and $10 million.
Judge Neil W. Bason handles the case.
The Debtor is represented by William R. Hess, Esq., at the Law
Offices of William R. Hess.
DIOCESE OF SAN FRANCISCO: Comm. Taps Colliers as Real Estate Broker
-------------------------------------------------------------------
The official committee of unsecured creditors of the Roman Catholic
Archbishop of San Francisco seeks approval from the U.S. Bankruptcy
Court for the Northern District of California to employ Colliers
International CA, Inc. as real estate broker.
The broker will market and sell the Debtor's real properties.
The commission shall be 4 percent for dual representation. In the
event there is an outside procuring agent/broker then the total
commission shall be 6 percent.
Colliers is a "disinterested person" within the meaning of
Bankruptcy Code section 101(14), as modified by Bankruptcy Code
section 1107(b), according to court filings.
The broker can be reached through:
Steve Chamberlain
Colliers International CA, Inc.
301 University Avenue Suite 100
Sacramento, CA 95825
About Roman Catholic Archbishop of San Francisco
The Roman Catholic Archbishop of San Francisco filed a Chapter 11
petition (Bankr. N.D. Cal. Case No. 23-30564) on Aug. 21, 2023,
with $100 million to $500 million in both assets and liabilities.
Judge Dennis Montali oversees the case.
The Debtor tapped Felderstein Fitzgerald Willoughby Pascuzzi &
Rios, LLP and Sheppard, Mullin, Richter & Hampton LLP as counsel.
Weintraub Tobin Chediak Coleman & Grodin as special litigation
counsel. Weinstein & Numbers, LLP as special insurance counsel.
GlassRatner Advisory & Capital Group LLC d/b/a B. Riley Advisory
Services as financial advisor. Omni Agent Solutions, Inc., is the
administrative agent.
DOG ROBBER: Seeks Chapter 11 Bankruptcy in California
-----------------------------------------------------
On June 6, 2025, Dog Robber Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Central District of California.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 50 and 99 creditors. The petition
states funds will be available to unsecured creditors.
About Dog Robber Inc.
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.
Dog Robber Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14827) on June 6,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Neil W. Bason handles the case.
The Debtors are represented by Richard Sturdevant, Esq. at
FINANCIAL RELIEF LAW CENTER, APC.
DOVETAIL DEVELOPMENT: To Sell Paulding Property to Julio Yatesto
----------------------------------------------------------------
Dovetail Development Ltd. seeks permission from the U.S. Bankruptcy
Court for the Northern District of Ohio, Western Division, to sell
Property, free and clear from liens, claims, and encumbrances.
The Debtor owns numerous parcels of real property, including real
property with the address of 221 S. Cherry St., Paulding, Ohio
45879, with a value of $93,100.00.
The Debtor states that the Property is unencumbered.
The Debtor receives an offer from Julio Yatesto to purchase the
Property in the amount of $157,500.00.
Under the agreement, the buyer place a deposit of $500.00, to be
applied toward the Purchase Price.
The Debtor will also pay $7,500.00 towards the closing costs.
About Dovetail Development Ltd.
Dovetail Development Ltd. is a limited liability company formed in
1999.
Dovetail Development sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ohio Case No. 24-30828) on May 1,
2024, with up to $50,000 in assets and up to $500,000 in
liabilities.
Judge John P. Gustafson presides over the case.
Steven L. Diller, Esq., at Diller and Rice, LLC, is the Debtor's
legal counsel.
E.F. MARKETING: Hires Cennamo and Werner as Bankruptcy Counsel
--------------------------------------------------------------
E.F. Marketing Group, LLC asked the U.S. Bankruptcy Court for the
Western District of Texas to hire Law Office of Cennamo and Werner
as counsel.
The firm will provide these services:
a. give the Debtor-in-Possession legal advice with respect to
the Debtor's powers and duties in the continued operation of the
business and the management of the funds and property of the
Debtor-in-Possession;
b. prepare on behalf of the Debtor-in-Possession, necessary
pleadings and other documents;
c. advise the Debtor-in-Possession and work with the Debtor's
creditors in an effort to devise a Plan; and
d. perform all other legal services for the
Debtor-in-Possession which may be necessary under Chapter 11 case.
The firm will be paid at these rates:
Steven G. Cennamo $300 per hour
David C. Werner $300 per hour
Legal Assistant $60 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Steven G. Cennamo, Esq., a partner at Law Office of Cennamo and
Werner, 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:
Steven G. Cennamo, Esq.
Law Office of Cennamo and Werner
8546 Broadway, Suite 100
San Antonio, TX 78217
Tel: (210) 905-0529
Fax: (210) 905-4373
About E.F. Marketing Group
E.F. Marketing Group, LLC is a full-service advertising and
marketing agency based in San Antonio, Texas. It designs and
executes data-driven direct-mail and digital campaigns for regional
colleges and small to mid-sized businesses.
E.F. Marketing Group sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Texas Case No. 25-50842) on April 23,
2025. In its petition, the Debtor reported assets between $500,000
and $1 million and liabilities between $1 million and $10 million.
Judge Craig A. Gargotta handles the case.
The Debtor is represented by Steven G. Cennamo, Esq., at the Law
Office of Cennamo & Werner.
ECI PHARMA: Acute Inc. et al. Adversary Case Stayed Pending Appeal
------------------------------------------------------------------
Judge Scott M. Grossman of the United States Bankruptcy Court for
the Southern District of Florida denied the defendants' motion to
dismiss the adversary proceeding captioned as ACUTE INC., GENETIC
NETWORKS LLC, and DR. RAJU'S PHARMA SOLUTIONS, LLC, Plaintiffs, v.
ECI PHARMACEUTICALS LLC, BIORAMO, LLC, ECI LIQUIDATING TRUST, and
KATIE GOODMAN, as Liquidating Trustee, Defendants, Adv. No.
25-01048-SMG (Bankr. S.D. Fla.) for lack of subject matter
jurisdiction. The adversary proceeding is stayed pending outcome of
appeal.
Debtors ECI Pharmaceuticals LLC and BioRamo LLC filed voluntary
petitions for relief under chapter 11 of the Bankruptcy Code on May
3, 2024. On Aug. 30, 2024, the Court approved a sale of
substantially all of the debtors' assets to Acute. The sale still
has not closed, and Acute has appealed the sale order. That appeal
is still pending. On Oct. 22, 2024, the Court then held a hearing
to consider confirmation of the debtors' joint chapter 11 plan of
liquidation. No written objections to confirmation were filed, and
no party objected at the confirmation hearing. In fact, Acute did
not even appear at the confirmation hearing. On Oct. 24, 2024, the
Court entered an order confirming the plan.
Acute then appealed the confirmation order. The issue presented in
that appeal -- as stated by Acute in its statement of the issues
under Federal Rule of Bankruptcy Procedure 8009(a)(1)(A) -- is
whether this Court erred in confirming a plan that included certain
allegedly inappropriate exculpation and injunction provisions. That
appeal remains pending as well.
The plan was premised on the sale of substantially all of the
debtors' assets being used to fund distributions to creditors.
Because the sale has not yet closed, the plan has not been
substantially consummated. Indeed, on Jan. 17, 2025, the debtors
served a notice of termination of the asset purchase agreement on
Acute. Acute disputes the validity of the termination notice. Until
either the debtors and Acute agree to resolve their differences or
the appeals are decided, this case is at an effective standstill.
Adversary Proceeding
On Feb. 26, 2025, Acute -- together with creditors Genetic Networks
LLC, and Dr. Raju's Pharma Solutions, LLC -- commenced this
adversary proceeding under 11 U.S.C. Sec. 1144, seeking to revoke
the confirmation order alleging that it was procured by fraud.
The defendants -- debtors ECI and BioRamo, the ECI Liquidating
Trust created by the plan, and Katie Goodman, the liquidating
trustee under the plan -- moved to dismiss the complaint under
Federal Rules of Civil Procedure 12(b)(1) and (b)(6) and sought
sanctions against Acute and its attorney for allegedly vexatious
litigation practices. As grounds for dismissal, the defendants
argue that Acute's pending appeal of the confirmation order divests
this Court of jurisdiction to grant the relief requested. They
contend that the complaint fails to state a claim sufficiently
alleging fraud. The plaintiffs oppose dismissal, arguing that both
the issues and remedies sought in the pending appeal are different
from those raised in this adversary proceeding. They assert that
the appeal concerns whether the Court improperly approved
non-consensual third-party releases in the confirmation order,
whereas this adversary proceeding seeks to determine whether the
confirmation order was procured by fraud.
The Court concludes that the defendants overstate the
jurisdictional nature of the divestiture rule, at least insofar as
it pertains to a bankruptcy court's authority to adjudicate certain
matters when there is a pending appeal. The divestiture rule is not
truly jurisdictional, and this Court does not lack subject matter
jurisdiction over this adversary proceeding. But, due to the
current posture of this bankruptcy case -- and as a matter of
comity and deference to the District Court with respect to the
pending appeal -- under the authority of 11 U.S.C. Sec. 105(a) and
Federal Rule of Bankruptcy Procedure 7016(b)(3), the Court will
stay this adversary proceeding pending the resolution of the
appeal.
A copy of the Court's decision dated May 21, 2025, is available at
https://urlcurt.com/u?l=BFYMs3 from PacerMonitor.com.
About ECI Pharmaceuticals
ECI Pharmaceuticals LLC is a specialty generic and branded
pharmaceutical manufacturing and marketing company specializing in
the manufacturing of non-sterile, solid oral dose products. The
Debtor's business premises are located at 5311 NW 35th Terrace,
Fort Lauderdale, Florida 33309.
ECI Pharmaceuticals, LLC and BioRamo, LLC filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. S.D. Fla. Lead Case No. 24-14430) on May 3, 2024, listing
up to $500,000 in assets and up to $10 million in liabilities. The
case is jointly administered in Case No. 24-14430.
Judge Scott M. Grossman oversees the cases.
Aaron A. Wernick, Esq., at Wernick Law, PLLC serves as the Debtors'
counsel.
ECS BRANDS: Seeks to Hire Jacques Seys CPA as Accountant
--------------------------------------------------------
ECS Brands, Ltd. seeks approval from the U.S. Bankruptcy Court for
the District of Colorado to employ Jacques Seys, CPA to perform
professional accounting services.
The firm will render these services:
a. provide monthly bookkeeping support;
b. record/categorize monthly transactions in {software};
c. reconcile business accounts to account statements;
d. prepare and provide financial statement reporting package
to client (monthly);
e. facilitate Month End Close;
f. take A/P close and recording of vendor invoices and/or
accruals (if applicable); and
g. assist on any other items/matters/issues as needed,
including Chapter 11 bankruptcy, fund-raising, loan applications,
upcoming ELOC, etc.
The services are provided on a monthly flat fee basis. The contract
rate was $2,300 per month, and the new contract rate is $2,500 per
month.
Mr. Seys assured the court that he is a "disinterested person"
within the meaning of 11 U.S.C. Sec. 101(14).
The accountant can be reached through:
Jacques Seys, CPA
J's Accounting Services
1011 Arnold Avenue
Hoquiam, WA 98550
About ECS Brands
ECS Brands Ltd. is a privately held company specializing in
hemp-derived products. Founded in 2018, ECS Brands focuses on
manufacturing and supplying bulk hemp extracts, white-label
products, and innovative formulations such as water-soluble nano
emulsions.
ECS Brands Ltd. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-12101) on April 11,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Thomas B. Mcnamara handles the case.
The Debtor is represented by Jenny M.F. Fujii, Esq., at Kutner
Brinen Dickey Riley PC.
ELEGANT TENTS: Seeks to Hire Eric Bononi as Accountant
------------------------------------------------------
Elegant Tents and Catering, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Pennsylvania to hire
Eric Bononi as its accountant.
The services to be provided include:
a. preparation of outstanding tax returns;
b. preparation of Forms 1099 in connection with business
operations;
c. preparation of monthly operating and farm reports, as
needed;
d. collation and preparation of customer lists and
compilations, reconciliation of farm accounts, and other records
packages.
The accountant shall charge $225 an hour for all substantive work.
The Debtor has agreed to provide an initial retainer of $2,000.
Eric Bononi, CPA, assures the Court that he is a disinterested
person as that term is defined in 11 U.S.C. Sec. 101 (14).
The accountant can be reached through:
Eric E. Bononi, CPA
Bononi & Company, P.C.
20 N. Pennsylvania Ave, Suite 201
Greensburg, PA 15601-2337
Phone: (724) 832-2499
E-mail: eric@bononilaw.com
About Elegant Tents and Catering Inc.
Elegant Tents and Catering Inc. is a family-owned business based in
Youngwood, PA, offering event rental services and catering for
various occasions, including weddings, birthdays, and corporate
events. The Company provides tent rentals, linens, furniture, and
other event equipment, along with a variety of catering menus, made
from family recipes and tailored to meet dietary needs. The Company
serves the Tri-State area and prides itself on delivering
personalized service.
Elegant Tents and Catering Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No.
25-20594) on March 7, 2025. In its petition, the Debtor reports
estimated assets between $500,000 and $1 million and estimated
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge John C. Melaragno handles the case.
Justin P. Schantz, Esq. at David A. Colecchia and Associates
represents the Debtor as counsel.
ENVELOPE MART: Patricia Fugee Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Patricia Fugee of
FisherBroyles, LLP as Subchapter V trustee for Envelope Mart of
Northeast Ohio Inc.
Ms. Fugee will be paid an hourly fee of $365 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Fugee declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Patricia B. Fugee
FisherBroyles, LLP
27100 Oakmead Drive #306
Perrysburg, OH 43551
Phone: (419) 874-6859
Email: Patricia.Fugee@FisherBroyles.com
About Envelope Mart of Northeast Ohio
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
estimated assets up to $50,000 and estimated liabilities between $1
million and $10 million.
Judge Suzana Krstevski Koch handles the case.
Michael A. Steel, Esq., at Steel & Company Law Firm represents the
Debtor as bankruptcy counsel.
ESTIATORIO ENT: Stacey Realty Loses Bid to Reopen Chapter 7 Case
----------------------------------------------------------------
Judge Sean H. Lane of the United States Bankruptcy Court for the
Southern District of New York denied the motion of Stacey Realty
Associates LLC for an order reopening the Chapter 7 case of
Estiatorio Ent. Ltd.
The Landlord is the fee owner of non-residential real property
located at 465 White Plains Road, Eastchester, New York. The
Landlord and the Debtor were parties to a pre-petition ground lease
concerning that property. The Debtor operated the Eastchester
Odyssey Diner within the building located on the property. The
Building, along with its furnishings, fixtures, and equipment,
belonged to the Debtor. Before the filing of the bankruptcy, the
Landlord and the Debtor had disputed whether the Debtor defaulted
on its obligations under the Lease and whether the Lease could be
terminated.
On June 9, 2022, the Trustee filed the Notice of Chapter 7
Trustee's Intent to Abandon Property of the Bankruptcy Estate,
indicating that the Trustee intended to abandon the estate's right,
title and interest in and to the Debtor's lease with Stacey Realty
Associates for property located at 465 White Plains Road,
Eastchester, NY 10709 as having inconsequential value to administer
for the benefit of creditors. The deadline to object to the
Trustee's proposed abandonment was June 24, 2022.
On Sept. 1, 2023, the Landlord entered into a lease agreement with
a new tenant and began construction on the Building for the new
tenant. As a result, the Debtor commenced an action in New York
State Supreme Court, Westchester County against the Landlord and
other defendants, seeking, among other things, to quiet title, a
declaration that the Debtor owns the Building and that the new
lease is ineffective and enforceable, and to eject the new tenant
from the Building. In the State Court Action, the Debtor also
argued that the Lease's forfeiture provision is void and
unenforceable due to public policy.
On Oct. 15, 2024, the Landlord sought to reopen the Debtor's
bankruptcy case to remove the State Court Action to this Court,
arguing that the Lease had been rejected rather than abandoned. The
Debtor opposed the Motion, arguing that the Landlord's removal
attempt was untimely and that the Lease was abandoned.
The Landlord argued that abandonment was defective in several ways
and that any claims asserted by the Debtor in the State Court
Action were never disclosed in the bankruptcy and thus remained
property of the estate.
The Landlord seeks to avoid the clear timing requirements of
Bankruptcy Rule 9027(a)(3) by arguing that Bankruptcy Rule
9027(a)(2) applies instead. The Landlord argues that, since this
case is closed, the "order for relief" as referenced in Bankruptcy
Rule 9027(a)(2)(A) will be the date of an order reopening the case
under Section 350, giving the Landlord ninety days from entry of
that order to remove the State Court Action.
The Landlord argues that abandonment was ineffective because:
(i) there was no hearing,
(ii) the Notice of Abandonment did not describe the property
being abandoned or the entity to whom it was abandoned to, and
(iii) the Notice of Abandonment described the property being
abandoned as both a "Lease" and "Claim" without mentioning the
Building.
The Court finds that the Landlord did not remove the State Court
Action within Bankruptcy Rule 9027(a)(3)'s strict time limits, nor
could it timely reopen the case for that purpose. In any event, the
Notice of Abandonment was effective, the Court concludes. The
Landlord could have timely objected to the Notice of Abandonment or
timely sought to remove the State Court Action. Instead, it did
neither. For these reasons, the Motion is denied.
A copy of the Court's decision dated May 22, 2025, is available at
https://urlcurt.com/u?l=hAEJRJ from PacerMonitor.com.
Counsel for Stacey Realty Associates LLC:
Douglas J. Pick, Esq.
Eric C. Zabicki, Esq.
PICK & ZABICKI LLP
369 Lexington Avenue, 12th Floor
New York, NY 10017
E-mail: dpick@picklaw.net
Counsel for the Debtor:
Anne J. Penachio, Esq.
PENACHIO MALARA LLP
245 Main Street, Suite 450
White Plains, NY 10601
About Estiatorio Ent. Ltd.
Estiatorio Ent. Ltd. is the fee simple owner of an edifice and
property located at 465 White Plains Road, Eastchester, N.Y. The
property is valued at $3 million.
Estiatorio Ent. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No.
21-22665) on Nov. 30, 2021, disclosing $3,000,348 in assets and
$417,091 in liabilities. Konstantinos Doukas, president of
Estiatorio Ent., signed the petition.
Judge Robert D. Drain presided over the case.
Anne Penachio, Esq., and Francis J. Malara, Esq., at Penachio
Malara, LLP represent the Debtor as bankruptcy attorneys.
The case was converted to Chapter 7 on May 6, 2022. Howard P.
Magaliff was appointed as Chapter 7 trustee.
EVERBRIDGE HOLDINGS: OHA Senior Marks $1.8M 1L Loan at 61% Off
--------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,832,000 loan
extended to Everbridge Holdings, LLC to market at $712,000 or 39%
of the outstanding amount, according to OHA Senior's Form 10-Q for
the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Everbridge
Holdings, LLC. The loan accrues interest at a rate of 9.05% per
annum. The loan matures on December 15, 2031.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Everbridge Holdings, LLC
Everbridge Holdings, LLC provides the most complete, end-to-end
suite of solutions for managing physical and digital critical
events.
EXACTECH INC: Committee Taps Dr. Narayan of Anthara as Expert
-------------------------------------------------------------
The official committee of unsecured creditors of Exactech, Inc. and
its affiliates seeks approval from the U.S. Bankruptcy Court for
the District of Delaware to hire Dr. Venkat S. Narayan of Anthara
Technologies Consulting as consulting expert.
The firm's services include:
a. reviewing discovery as it relates to the issues of
polyethylene and degradation in the Exactech hip and knee
implants;
b. reviewing discovery as it relates to the manufacturing and
design of the Exactech hip and knee implants and design changes;
c. reviewing and analyzing applicable FDA regulations as to
product development and design;
d. reviewing and analyzing the implications of the design
changes to the Exactech hip and knee implants;
e. as needed, providing testimony in the form of an expert
report and/or a declaration with respect to the polyethylene issues
in the Exactech hip and knee implants; and
f. providing such other services the Committee may request
from time to time.
The firm will paid at these rates:
Professional Per Hour (USD)
Dr. Venkat S Narayan $300 (review and
consultation)
Anthara Technologies Consulting $500 (deposition and court
appearances)
Venkat S Narayan, principal polymer consultant of Anthara
Technologies Consulting, assured the court that his firm is
disinterested as defined by Bankruptcy Code section 101(14) and
does not have or represent an interest materially adverse to the
interest of the estates or of any class of creditors.
The firm can be reached through:
Venkat S. Narayan
Anthara Technologies Consulting
6701 Virginia Parkway, Suite 215-36
McKinney, TX 75071
Email: v.narayan@antharatech.com
Tel: (260) 515-4743
About Exactech Inc.
Exactech Inc. -- https://www.exac.com/ -- is a joint-replacement
implant manufacturer owned by TPG Capital.
Exactech Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 24-12441) on October 29, 2024. In the
petition filed by Donna H. Edwards, as general counsel and senior
vice president, the Debtor estimated assets and liabilities between
$100 million and $500 million each.
The Debtor is represented by:
Ryan M. Bartley, Esq.
Young Conaway Stargatt & Taylor, LLP
2320 NW 66th Court
Gainesville, FL 32653
FLAGSHIP RESORT: Taps Edward Phillips of Getzler Henrich as CCRO
----------------------------------------------------------------
Flagship Resort Development Corporation seeks approval from the
U.S. Bankruptcy Court for the District of New Jersey to employ
Getzler Henrich & Associates LLC and designate Edward Phillips as
conflicts chief restructuring officer.
The firm's services include:
a. determining when a potential conflict of interest exists
with respect to current or former insiders in connection with any
decision or transaction contemplated by the
Debtor, and authority to make decisions without prior Board
approval in situations where potential conflicts of interest may
exist;
b. negotiating directly with creditors, lenders, and other
stakeholders without the involvement of the Debtor's board where
Mr. Phillips has determined that insider participation would
present a conflict of interest; and
c. If Mr. Phillips identifies a potential conflict of
interest, making decisions on behalf of the Debtor with respect to
the following matters:
1. Any transaction or negotiation with a party that is a
current or former insider of the Debtor, or if such party is
controlled by, or has a material relationship with, a current or
former insider of the Debtor;
2. Any financing, refinancing, or capital raising
transaction where a current or former insider or an affiliate of a
current or former insider is a potential financing source;
3. Any sale of assets or business units to a party that is
a current or former insider of the Debtor, or if such party is
controlled by, or has a material relationship with, one or more
current or former insiders of the Debtor; and
4. Development and approval of KEIP, KERP, or other
employee incentive programs during the restructuring process to the
extent it covers any current or former insider.
Mr. Phillips will bill the Debtor on a monthly basis in the amount
of $25,000 per month.
Getzler Henrich will receive a $25,000 retainer.
Getzler Henrich & Associates disclosed in a court filing that the
firm is a "disinterested person" as the term is defined in Section
101(14) of the Bankruptcy Code.
The firm can be reached through:
Edward Phillips
Getzler Henrich & Associates LLC
2929 Arch Street, Suite 1650
Philadelphia, PA 19104
Tel: (267) 253-9262
Email: ephillips@getzlerhenrich.com
About Flagship Resort Development
Flagship Resort Development Corporation, a privately held
hospitality and resort development company based in New Jersey,
specializes in timeshare vacation ownership in the Atlantic City
region. It operates 774 living units across three properties --
Flagship All-Suites Resort, Atlantic Palace, and La Sammana Resort
-- offering a mix of deeded timeshare interests, club memberships,
and exchange-based travel benefits. The company is a wholly owned
subsidiary of FantaSea Resorts Group, Inc.
Flagship Resort Development Corporation sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-15047) on
May 10, 2025. In its petition, the Debtor reports estimated assets
between $50 million and $100 million.
Honorable Bankruptcy Judge Jerrold N. Poslusny Jr. handles the
case.
The Debtor is represented by Warren J. Martin Jr., Esq. at Porzio,
Bromberg & Newman, P.C. Kroll Restructuring Administration LLC is
the Debtor's Notice, claims, solicitation, balloting and
administrative agent.
FLAME LLC: Seeks to Hire Law Office Joy Lee Barnhart as Counsel
---------------------------------------------------------------
Flame, LLC seeks approval from the U.S. Bankruptcy Court for the
Western District of Washington to hire the Law Office of Joy Lee
Barnhart as its counsel.
The firm will render these services:
a. take all actions necessary to protect and preserve Debtor's
bankruptcy estate, including prosecution of actions on the Debtor's
behalf. To undertake, in conjunction as appropriate with special
litigation counsel, the defense of any action commenced by the
Debtor, negotiations concerning litigation in which Debtor is
involved, objections to claims filed against the Debtor in this
bankruptcy case, and the compromise and settlement of claims;
b. prepare or assist the Debtor in preparing, the necessary
applications, motions, memoranda, responses, complaints, answers,
orders, notices, reports and 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 disclosure statement and related
documents, and to take the steps necessary to confirm and implement
the proposed plan of liquidation; and
d. provide such other legal advice or services as may be
required in connection with the Chapter 11 case.
The Debtor has agreed to compensate Joy Lee Barnhart, Esq., owner,
on the basis of an hourly rate of $375 per hour and $80 per hour
for paralegal services.
As disclosed in the court filings, the Law Office of Joy Lee
Barnhart is a "disinterested person" within the meaning of 11
U.S.C. 101(14).
The firm can be reached through:
Joy Lee Barnhart, Esq.
THE LAW OFFICE OF JOY LEE BARNHART
15 South Grady Way, Suite 535
Renton, WA 98057
Tel: (425) 255-5535
Fax: (425) 255-5609
Email: joylee@joybarnhart.com
About Flame LLC
Flame, LLC filed Chapter 11 petition (Bankr. W.D. Wash. Case No.
25-10193) on January 24, 2025, listing between $1 million and $10
million in both assets and liabilities.
Judge Christopher M. Alston oversees the case.
Joy Lee Barnhart, Esq., at the Law Offices of Joy Lee Barnhart is
the Debtor's bankruptcy counsel.
FMB ENERGY: Seeks to Hire Langley & Banack as Bankruptcy Counsel
----------------------------------------------------------------
FMB Energy Services Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to hire Langley & Banack,
Inc. as attorneys.
he firm's services include:
(a) advise the Debtor of its duties and powers in this Chapter
11 case; and
(b) handle all matters which come before the court in this
case.
William Davis, Jr., Esq., the primary attorney in this
representation, will be paid at his hourly rate of $425.
The firm estimated a retainer of $20,000 from the Debtor.
Mr. Davis disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
William R. Davis, Jr., Esq.
Langley & Banack, Inc.
745 E. Mulberry, Suite 700
San Antonio, TX 78212
Telephone: (210) 736-6600
Email: wrdavis@langeybanack.com
About FMB Energy Services Inc.
FMB Energy Services Inc. is a trucking company based in Carrizo
Springs, Texas, specializing in full truckload shipments of
hazardous materials for intrastate transport.
FMB Energy Services Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51179) on May 30,
2025. In its petition, the Debtor reports estimated liabilities of
$1,098,568.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtors are represented by William R. Davis, Jr., Esq. at
LANGLEY & BANACK, INC.
FOREST MEADOWS: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------
The U.S. Trustee for Region 21 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Forest Meadows Holdings, LLC.
About Forest Meadows Holdings
Forest Meadows Holdings, LLC is a residential real estate company
operating in the Atlanta, Georgia area.
Forest Meadows Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-54944) on May 5, 2025.
In its petition, the Debtor reported between $10 million and $50
million in both assets and liabilities.
Judge Lisa Ritchey Craig handles the case.
The Debtor is represented by William A. Rountree, Esq., at Rountree
Leitman Klein & Geer, LLC.
FOSTER AND SCHELL: Seeks to Hire NKW CPA LLC as Accountant
----------------------------------------------------------
Foster and Schell, Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Montana to hire NKW CPA, LLC as
accountant.
The professional services that NKW is to render include payroll,
income tax preparation, and some general bookkeeping support as
requested.
The firm will be paid at these rates:
Nikolas Wong $200 per hour
Maddie Wilson $125 per hour
Jessie Eshelman $100 per hour
Nikolas Wong, accountant with NKW CPA, LLC, assured the court that
his firm is a "disinterested person" as defined in 11 U.S.C.
101(14).
The accountant can be reached through:
Nikolas Wong
NKW CPA, LLC
710 Wicks Ln #50446
Billings, MT 59105
Tel: (406) 500-5595
About Foster and Schell, Inc.
Foster and Schell, Inc. sought protection for relief under Chapter
11 of the Bankruptcy Code (Bankr. D. Montana Case No. 25-10056) on
April 4, 2025, listing $50,001 to $100,000 in assets and $500,001
to $1 million in liabilities.
James A. Patten, Esq. at Patten, Peterman, Bekkedahl & Green PLLC
represents the Debtor as counsel
FR VISION: OHA Senior Marks $2.3 Million 1L Loan at 58% Off
-----------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $2,314,000 loan
extended to FR Vision Holdings, Inc. to market at $973,000 or 42%
of the outstanding amount, according to OHA Senior's Form 10-Q for
the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank 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.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
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.
FRANCHISE GROUP: Can't Assign American Freight Lease to AF Newco
----------------------------------------------------------------
Judge Laurie Selber Silverstein of the United States Bankruptcy
Court for the District of Delaware denied Franchise Group, Inc.'s
request to assume and assign a lease entered into by American
Freight of South Florida, LLC with respect to certain premises in
Florida to AF Newco I, LLC.
On Dec. 13, 2024, Franchise Group, Inc. filed its motion seeking
approval of the sale of what it termed certain of American
Freight's assets. Among those was a request to assume and assign to
AF Newco I, LLC certain nonresidential real estate leases. At issue
in this case is the sole unresolved objection filed by 6001
Powerline Road, LLC, the Landlord.
On Feb. 1, 2014, Landlord's predecessor, Marble of the World, Inc.,
a Florida corporation, entered into a sub-lease agreement with
American Freight of South Florida, LLC, a Florida entity, with
respect to certain premises located at 6001 Powerline Road, City of
Ft. Lauderdale, County of Broward, Florida 33309.
On Dec. 30, 2014, American Freight of South Florida, LLC filed
Articles of Conversion in the state of Florida and then became a
Delaware limited liability company on Jan. 1, 2015. On Oct. 1,
2017, American Freight of South Florida, LLC merged into American
Freight, Inc., another Delaware entity. Finally, American Freight,
Inc. converted to a Delaware limited liability company, American
Freight, LLC, on Feb. 25, 2020.
American Freight, LLC filed its bankruptcy case on Nov. 3, 2024. It
is undisputed that Debtor currently occupies the Premises. There is
no evidence that American Freight of South Florida, LLC, American
Freight, Inc. or the Debtor sought Landlord's consent to assign the
Lease.
Landlord argues that the Debtor is not the named tenant on the
Lease, that the Lease does not permit an assignment without its
consent, which it did not give, and the Debtor, therefore, has no
leasehold interest to assume or assign.
The Debtor argues that, under Florida law, the multiple conversions
of corporate form do not implicate the anti-assignment clause in
the Lease. It cites Corp. Express Off. Prods., Inc. v. Phillips,
847 So. 2d406 (Fla. 2003), for the proposition that the Debtor is a
continuing entity such that the assignment clause in the Lease is
not implicated.
The Court emphasizes that when American Freight of South Florida,
LLC converted from a Florida limited liability company to a
Delaware limited liability company, there remained a single entity
throughout the transition. The entity did not wind up under Florida
law, and the subsequent Delaware entity was deemed to have existed
as of the date the entity came into existence under Florida law.
Because only one entity is deemed to have existed, no property
transferred between the two entities. Therefore, no assignment of
the Lease under Article VI, the Court finds.
Because a single entity exists through the conversion from a
Delaware limited liability company to a Delaware corporation, no
transfer of property occurs. According to the Court, because no
property or rights are transferred, the Lease was not assigned and
thus did not run afoul of Article VI. As of Oct. 1, 2017, American
Freight, Inc. was the tenant under the Lease, the Court notes.
Purchaser bears the burden to show that there was no disposition of
the controlling stock of American Freight, Inc. or that at the time
of any disposition, the stock was regularly traded on a recognized
securities market. The conversion of 100% of the stock of American
Fright, Inc. into membership interest in American Freight, LLC
necessarily constitutes a disposition of controlling stock in the
corporation. Further, Purchaser presented no evidence showing that
American Freight, Inc.'s stock was publicly traded such that the
exception might apply. Accordingly, unless Purchaser's other
arguments prevail, the Debtor was not the tenant as of Feb. 25,
2020. It, therefore, cannot assume or assign the Lease, the Court
concludes.
Purchaser argues that Landlord has been aware of the merger of
American Freight of South Florida, LLC into American Freight, Inc.
for at least six years, and likely longer but has chosen to say
nothing while continuing to collect rent from American Freight,
Inc., and later the Debtor.
Purchaser cites Delaware's limitations period for bringing an
action for default under a lease contract, but as the Court has
already determined, Florida law governs the Lease. It makes passing
references to the defenses of laches and equitable estoppel, but
fails to assert them properly under Florida law, much less adduce
the "clear and positive" evidence required to prove latches.
The Court finds Purchaser has not met its burden of proof to show
the Lease can be assumed and assigned.
A copy of the Court's decision dated May 21, 2025, is available at
https://urlcurt.com/u?l=ygKN8f from PacerMonitor.com.
About Franchise Group Inc.
Franchise Group, Inc., through its subsidiaries, operates
franchised and franchisable businesses including The Vitamin
Shoppe, Pet Supplies Plus, LLC, Badcock Home Furniture & More,
American Freight, Buddy's Home Furnishings and Sylvan Learning
Systems, Inc.
Franchise Group, Inc. and its affiliates filed their voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
D. Del. Lead Case No. 24-12480) on Nov. 3, 2024, listing $1 billion
to $10 billion in both assets and liabilities. The petitions were
signed by David Orlofsky as chief restructuring officer.
Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor,
LLP are serving as legal counsel, AlixPartners is serving as
financial advisor and Chief Restructuring Officer, and Ducera
Partners is serving as investment banker to the Company. Paul
Hastings LLP is serving as legal counsel and Lazard is serving as
investment banker to the first lien ad hoc group.
FRESH ACQUISITIONS: Loses Fraudulent Transfer Summary Judgment Bid
------------------------------------------------------------------
Judge Stacey G.C. Jernigan of the United States Bankruptcy Court
for the Northern District of Texas ruled on the cross-motions for
summary judgment filed by the parties with respect to fraudulent
transfer claims in the adversary proceeding captioned as DAVID
GONZALES, TRUSTEE OF THE FRESH ACQUISITIONS LIQUIDATING TRUST,
Plaintiff, v. AB REAL ESTATE, LLC, Defendant, Adv. No. 23-03056-sgj
(Bankr. N.D. Tex.).
The post-confirmation adversary proceeding pertains to the
bankruptcy cases of Fresh Acquisitions, LLC and 14 related
entities. The Trustee seeks to avoid a transfer of real property
made by one of the Debtors known as Fire Mountain Restaurants, LLC
that allegedly occurred for little or no consideration in return.
This Transfer occurred approximately two-and-a-half years before
the Petition Date (i.e., in December 2018). The Transfer was to a
newly formed entity called AB Real Estate LLC. The property subject
to the Transfer was located in the state of Tennessee. The Trustee
argues that the Transfer either was made with actual intent to
defraud creditors or was a constructively fraudulent transfer,
utilizing section 544 of the Bankruptcy Code and state fraudulent
transfer laws. Plaintiff also tags on a cause of action for
"conspiracy" to commit a fraudulent transfer.
Less than two weeks after ABRE was formed, it received three
transfers of three different real properties (in three different
states) for no stated consideration.
On Dec. 10, 2018, Debtor Fire Mountain transferred the Reelfoot
Tennessee Property (a shuttered "Ryan's" restaurant property) to
the newly-formed ABRE via a quitclaim deed that reflected the
payment of "the sum of one dollar ($1.00) and other valuable
considerations." An individual named Peter Donbavand executed the
quitclaim deed on behalf of Debtor Fire Mountain as its "Vice
President of Real Estate".
The Trustee argues that he is entitled to judgment as a matter of
law, on his fraudulent transfer claims, based on the undisputed
facts. ABRE argues that it is entitled to judgment as a matter of
law on the actual and constructive fraudulent transfer claims as
well as the conspiracy-to-commit fraudulent transfers.
ABRE argues that the Trustee is not entitled to summary judgment on
his actual fraud claim
under TUFTA because:
(1) fraudulent intent is inherently a question of fact that
should be reserved for the trier of fact and so is generally not
appropriate for summary judgment,
(2) the Trustee's purported "badges of fraud" are unsupported by
the evidence, and
(3) ABRE has provided sufficient evidence to create a genuine
issue of material fact that necessitates denial of summary
judgment.
ABRE seeks a summary judgment on the Trustee's conspiracy to commit
fraudulent transfer claim. ABRE argues that it is entitled to
summary judgment on the Trustee's conspiracy to commit fraudulent
transfer claim because the Trustee:
(1) has failed to present evidence of the underlying tort (i.e.,
a fraudulent transfer) and, therefore, he cannot succeed on a claim
for civil conspiracy,
(2) has failed to meet his summary judgment burden of pointing
to sufficient evidence in the record to support each element of a
civil conspiracy claim, and
(3) the civil conspiracy claim is redundant of the underlying
fraudulent transfer claim.
As to the cross-motions on the fraudulent transfer claims, the
Court concludes that neither Plaintiff nor Defendant is entitled to
a summary judgment under Rule 56 of the Federal Rules of Civil
Procedure because there are genuine issues of material fact on
various elements of these causes of action. But with regard to the
conspiracy to commit fraudulent transfer claim, the Court concludes
that Defendant is entitled to summary judgment as a matter of law,
as this cause of action is duplicative or redundant of the
fraudulent transfer claims.
A copy of the Court's decision dated May 23, 2025, is available at
https://urlcurt.com/u?l=Org2xQ from PacerMonitor.com.
About Fresh Acquisitions
Fresh Acquisitions LLC and Buffets, LLC, operate independent
restaurant brands and are based in San Antonio, Texas. Prior to
the COVID-19 pandemic, the Debtors were a significant operator of
buffet-style restaurants in the United States with approximately 90
stores operating in 27 states. The Debtors' concepts include six
buffet restaurant chains and a full service steakhouse, operating
under the names Furr's Fresh Buffet, Old Country Buffet, Country
Buffet, HomeTown Buffet, Ryan's, Fire Mountain, and Tahoe Joe's
Famous Steakhouse, respectively.
Buffets Holdings, Inc., filed for Chapter 11 relief in January 2008
and won confirmation of a reorganization plan in April 2009. In
January 2012, Buffets again sought Chapter 11 protection and
emerged from bankruptcy in July 2012.
On Aug. 19, 2015, Alamo Ovation, LLC, acquired Buffets Restaurants
Holdings, Inc., and as a result of the merger, Buffets operated
over 300 restaurants in 35 states. Down to 150 restaurants in 25
states after closing unprofitable locations, Buffets LLC and its
affiliated entities sought Chapter 11 protection (Bankr. W.D. Tex.
Case No. Lead Case No. 16-50557) in San Antonio, Texas, on March 7,
2016. On April 27, 2017, the Court confirmed the Debtors' Second
Amended Joint Plan of Reorganization. The Effective Date of the
Plan was May 18, 2017.
Fresh Acquisitions, LLC and 14 affiliates, including Buffets LLC
(a/k/a Ovation Brands), sought Chapter 11 protection (Bankr. N.D.
Tex. Lead Case No. 21-30721) on April 20, 2021. Fresh Acquisitions
was estimated to have $1 million to $10 million in assets and $10
million to $50 million in liabilities. The Hon. Harlin Dewayne Hale
is the case judge.
In the recent cases, the Debtors tapped GRAY REED as counsel; and
B. RILEY ADVISORY SERVICES as financial advisor. KATTEN MUCHIN
ROSENMAN LLP is special counsel. BMC GROUP, INC., is the claims
and noticing agent. HILCO REAL ESTATE, LLC, is the real estate
consultant.
FRESH ACQUISITIONS: Trustee Suit v ABRE Goes to Trial
-----------------------------------------------------
Judge Stacey G.C. Jernigan of the United States Bankruptcy Court
for the Northern District of Texas denied the plaintiff's motion
for partial summary judgment in the adversary proceeding captioned
as DAVID GONZALES, TRUSTEE OF THE FRESH ACQUISITIONS LIQUIDATING
TRUST, Plaintiff v. AB REAL ESTATE, LLC, Defendant Adv. No.
23-03055-sgj (Bankr. N.D. Tex.). Judge Jernigan also held that AB
Real Estate LLC's motion for summary judgment is denied with
respect to the Trustee's fraudulent transfer claims under TUFTA,
and granted with respect to the Trustee's conspiracy to commit
fraudulent transfer claim.
The post-confirmation adversary proceeding pertains to the
bankruptcy cases of Fresh Acquisitions, LLC and 14 related
entities. The Adversary Proceeding seeks to avoid a transfer of
real property made by one of the Debtors known as OCB Restaurant
Company, LLC that allegedly occurred for little or no consideration
in return. This Transfer occurred approximately two-and-a-half
years before the Petition Date (i.e., in December 2018). The
Transfer was to ABRE, a newly formed entity. The property subject
to the Transfer was located in the state of Wisconsin.
The Plaintiff argues that the Transfer either was made with actual
intent to defraud creditors or was a constructively fraudulent
transfer, utilizing section 544 of the Bankruptcy Code and state
fraudulent transfer laws. The Plaintiff also tags on a cause of
action for "conspiracy" to commit a fraudulent transfer.
Each of the three ABRE Properties (including the 29th Street
Wisconsin Property that is the subject of this Adversary
Proceeding), at the time they were transferred in December 2018,
were apparently subject to liens in favor of an entity called META
Advisors, LLC, which liens secured a promissory note dated May 18,
2017, in the original amount of $5,250,000. There were actually
seven Debtor entities that were makers on the META Note, including
Debtors OCB Restaurant and Fire Mountain, all of whom were jointly
and severally liable on the note. All seven makers on the META Note
pledged all of their assets as collateral for the META Note,
pursuant to a Security Agreement, apparently giving META a blanket
lien on all of the seven Debtors' assets.
The Trustee argues that he is entitled to judgment as a matter of
law, on his fraudulent transfer claims, based on undisputed facts.
ABRE argues that it is entitled to judgment as a matter of law on
the actual and constructive fraudulent transfer claims as well as
the conspiracy-to-commit fraudulent transfers.
ABRE argues that the Trustee's fraudulent transfer claims fail as a
matter of law because:
(a) the 29th Street Wisconsin Property -- which was encumbered
by a lien to secure the META Note at the time of the Transfer -- is
not an "asset" of Debtor OCB Restaurant, as defined in Sec.
24.002(2)(a) of the Texas Uniform Fraudulent Transfer Act (TUFTA),
the transfer of which can be avoided;
(b) even if the 29th Street Wisconsin Property was an "asset" as
contemplated by Sec. 24.002(2)(A) of TUFTA, the court should find
from the undisputed evidence that reasonably equivalent value was,
indeed, exchanged for it, as a matter of law, through an oral
promise by ABRE to one day pay to Debtor OCB Restaurant any future
sale proceeds realized from an ultimate sale;
(c) the Trustee has allegedly put forth no genuine evidence of
insolvency at the time of the Transfer; and
(d) as to his actual fraudulent transfer claim, the Trustee has
allegedly put forth no direct evidence of actual intent to defraud
or of a sufficient number of badges of fraud from
which to infer intent.
The Trustee argues that:
(1) he has met his initial summary judgment burden by pointing
to evidence that establishes a prima facie case of lack of
reasonably equivalent value based on the absence of language in the
quitclaim deed regarding any consideration and evidence of the
value of the 29th Street Wisconsin Property at the time of the
transfer, and
(2) the burden then shifts to ABRE to point to the existence of
a genuine dispute of a material fact that would preclude summary
judgment, which ABRE cannot meet.
The Trustee argues that, as an evidentiary matter, ABRE simply
cannot point to evidence in the summary judgment record to support
its claim that the alleged promise of ABRE to repatriate sale
proceeds actually existed.
ABRE argues that the Trustee is not entitled to summary judgment on
his actual fraud claim under TUFTA because:
(1) fraudulent intent is inherently a question of fact that
should be reserved for the trier of fact and so is generally not
appropriate for summary judgment,
(2) the Trustee's purported "badges of fraud" are unsupported by
the evidence, and
(3) ABRE has provided sufficient evidence to create a genuine
issue of material fact that necessitates denial of summary
judgment.
The Court concludes the parties have each pointed to evidence in
the record that demonstrates the existence of a genuine issue of
material fact on the issue of value. Thus, neither party is
entitled to a summary judgment on the Trustee's constructive
fraudulent transfer claims due to this disputed issue. But with
regard to the conspiracy to commit fraudulent transfer claim, the
Court concludes that Defendant is entitled to summary judgment as a
matter of law, as this cause of action is duplicative or redundant
of the fraudulent transfer claims.
A copy of the Court's decision dated May 30, 2025, is available at
https://urlcurt.com/u?l=qkEFJv from PacerMonitor.com.
About Fresh Acquisitions
Fresh Acquisitions LLC and Buffets, LLC, operate independent
restaurant brands and are based in San Antonio, Texas. Prior to
the COVID-19 pandemic, the Debtors were a significant operator of
buffet-style restaurants in the United States with approximately 90
stores operating in 27 states. The Debtors' concepts include six
buffet restaurant chains and a full service steakhouse, operating
under the names Furr's Fresh Buffet, Old Country Buffet, Country
Buffet, HomeTown Buffet, Ryan's, Fire Mountain, and Tahoe Joe's
Famous Steakhouse, respectively.
Buffets Holdings, Inc., filed for Chapter 11 relief in January 2008
and won confirmation of a reorganization plan in April 2009. In
January 2012, Buffets again sought Chapter 11 protection and
emerged from bankruptcy in July 2012.
On Aug. 19, 2015, Alamo Ovation, LLC, acquired Buffets Restaurants
Holdings, Inc., and as a result of the merger, Buffets operated
over 300 restaurants in 35 states. Down to 150 restaurants in 25
states after closing unprofitable locations, Buffets LLC and its
affiliated entities sought Chapter 11 protection (Bankr. W.D. Tex.
Case No. Lead Case No. 16-50557) in San Antonio, Texas, on March 7,
2016. On April 27, 2017, the Court confirmed the Debtors' Second
Amended Joint Plan of Reorganization. The Effective Date of the
Plan was May 18, 2017.
Fresh Acquisitions, LLC and 14 affiliates, including Buffets LLC
(a/k/a Ovation Brands), sought Chapter 11 protection (Bankr. N.D.
Tex. Lead Case No. 21-30721) on April 20, 2021. Fresh Acquisitions
was estimated to have $1 million to $10 million in assets and $10
million to $50 million in liabilities. The Hon. Harlin Dewayne Hale
is the case judge.
In the recent cases, the Debtors tapped GRAY REED as counsel; and
B. RILEY ADVISORY SERVICES as financial advisor. KATTEN MUCHIN
ROSENMAN LLP is special counsel. BMC GROUP, INC., is the claims
and noticing agent. HILCO REAL ESTATE, LLC, is the real estate
consultant.
FRONTIERSMEN INC: Taps Hester Baker Krebs as Bankruptcy Counsel
---------------------------------------------------------------
Frontiersmen Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Indiana to hire Hester Baker Krebs LLC as
counsel.
The firm will provide these services:
(a) take necessary or appropriate actions to protect and
preserve the Debtor's estate;
(b) prepare on behalf of the Debtor necessary or appropriate
legal papers in connection with the administration of its estate;
(c) provide advice, represent, and prepare necessary
documentation and pleadings regarding debt restructuring, statutory
bankruptcy issues, post-petition financing, real estate, business
and commercial litigation, tax, and, as applicable, asset
dispositions;
(d) counsel the Debtor with regard to its rights and
obligations and its powers and duties in the continued management
and operations of its business and properties;
(e) take necessary or appropriate actions in connection with a
plan or plans of reorganization and related disclosure statement
and all related documents, and such further actions as may be
required in connection with the administration of the Debtor's
estate; and
(f) act as general bankruptcy counsel for the Debtor and
perform all other necessary or appropriate legal services in
connection with the Chapter 11 case.
The hourly rates of the firm's counsel and staff are:
Jeffrey Hester, Member $450
John Allman, Member $420
Marsha Hetser, Paralegal $215
Donna Adams, Paralegal $215
Tricia Hignight, Paralegal $215
Prior to the filing date, the Debtor paid an initial retainer and
filing fee to the firm in the amount of $51,735.
Mr. Hester disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Jeffrey M. Hester, Esq.
Hester Baker Krebs LLC
Suite 1330
One Indiana Square
Indianapolis, IN 46204
Telephone: (317) 608-1129
Facsimile: (317) 833-3031
Email: jhester@hbkfirm.com
About Frontiersmen Inc.
Frontiersmen Inc., doing business as Funk's Frontiersmen, is a seed
company based in Kentland, Indiana. Founded in 1979, the
family-owned business provides hybrid corn and soybean varieties
tailored for local agricultural needs.
Frontiersmen Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ind. Case No. 25-40144) on May 13,
2025. In its petition, the Debtor reports total assets of $296,040
and total liabilities of $6,972,465.
The Debtors are represented by Jeffrey Hester, Esq. at HESTER BAKER
KREBS LLC.
GARRISON INDUSTRIAL: Seeks to Hire H. Kent Aguillard as Counsel
---------------------------------------------------------------
Garrison Industrial Services Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Louisiana to hire H.
Kent Aguillard, Attorney at Law as its legal counsel.
The firm's services include legal advice regarding the Debtor's
powers and duties in the continued operation of its business and
other legal services necessary to administer its Chapter 11 case.
The firm's attorneys, H. Kent Aguillard, Esq., and Caleb Aguillard,
Esq., charge $505 per hour and $390 per hour, respectively.
The Debtor paid the firm an initial retainer of $15,000.
Mr. Aguillard disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
H. Kent Aguillard can be reached at:
H. Kent Aguillard, Esq.
H. Kent Aguillard, Attorney at Law
P.O. Drawer 391
Eunice, LA 70535
Tel: (337) 457-9331
Email: kaguillard@yhalaw.com
About Garrison Industrial Services Inc.
Garrison Industrial Services Inc. provides electrical and
instrumentation services, civil construction, and soft-craft
solutions to clients across the oil and gas, chemical, energy,
manufacturing, pharmaceutical, and distribution sectors. The
Company is based in Lake Charles, Louisiana, with additional
offices in Texas and Louisiana.
Garrison Industrial Services Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D. La. Case No. 25-20229) on May
16, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge John W. Kolwe handles the case.
The Debtors are represented by H. Kent Aguillard, Esq. at H. KENT
AGUILLARD.
GARRISON INDUSTRIAL: Taps Daryl Schouest as Management Professional
-------------------------------------------------------------------
Garrison Industrial Services Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Louisiana to hire
Daryl Schouest of Exit Strategy USA as management professional.
Mr. Schouest will serve in the role of general business and
financial consultant to the Debtor. He will assume a lead
management position in assisting, but not controlling, the Debtor
through its reorganization efforts and the evaluation, development,
negotiation and implementation of such restructuring efforts.
He will charge $150 per hour for his services. He received a
retainer of $3,500 initially.
Mr. Schouest assured the court that he does not hold nor represent
an interest adverse to the Debtor's estates or has any connection
to the Debtor, its creditors or other parties in interest in these
chapter 11 cases.
Mr. Schouest can be reached at:
Daryl Schouest
Exit Strategy USA
P.O Box 390
Leonville, LA 70551
Phone: (337) 418-9290
Email: daryl@exitstrategyusa.com
About Garrison Industrial Services Inc.
Garrison Industrial Services Inc. provides electrical and
instrumentation services, civil construction, and soft-craft
solutions to clients across the oil and gas, chemical, energy,
manufacturing, pharmaceutical, and distribution sectors. The
Company is based in Lake Charles, Louisiana, with additional
offices in Texas and Louisiana.
Garrison Industrial Services Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D. La. Case No. 25-20229) on May
16, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge John W. Kolwe handles the case.
The Debtors are represented by H. Kent Aguillard, Esq. at H. KENT
AGUILLARD.
GENERAL MOTORS: Says Data Privacy Suit Defies Ch. 11 Sale Order
---------------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that General
Motors has urged a New York bankruptcy court to uphold a 2009
Chapter 11 sale order, contending that a revised consumer data
privacy lawsuit filed by the Texas attorney general improperly
asserts successor liability claims that GM did not agree to take
on.
About General Motors
With its global headquarters in Detroit, Michigan, General Motors
-- http://www.gm.com/-- is one of the world's largest automakers,
traces its roots back to 1908.
General Motors Co. was formed to acquire the operations of General
Motors Corp. through a sale under 11 U.S.C. Sec. 363 following Old
GM's bankruptcy filing. The U.S. government provided financing. The
deal was closed July 10, 2009, and Old GM changed its name to
Motors Liquidation Co.
Old GM -- General Motors Corporation -- filed for Chapter 11
protection (Bankr. S.D.N.Y. Lead Case No. 09-50026) on June 1,
2009. The Honorable Robert E. Gerber presides over the Chapter 11
cases. The Debtors tapped Weil, Gotshal & Manges LLP Jenner & Block
LLP and Honigman Miller Schwartz and Cohn LLP as counsel; and
Morgan Stanley, Evercore Partners and the Blackstone Group LLP as
financial advisor. Garden City Group is the claims and notice
agent of the Debtors.
The U.S. Trustee appointed an Official Committee of Unsecured
Creditors and a separate Official Committee of Unsecured Creditors
Holding Asbestos-Related Claims. Lawyers at Kramer Levin Naftalis &
Frankel LLP served as bankruptcy counsel to the Creditors
Committee. Attorneys at Butzel Long served as counsel
on supplier contract matters. FTI Consulting Inc. served as
financial advisors to the Creditors Committee. Elihu Inselbuch,
Esq., at Caplin & Drysdale, Chartered, represented the Asbestos
Committee. Legal Analysis Systems, Inc., served as asbestos
valuation analyst.
The Bankruptcy Court entered an order confirming the Debtors'
Second Amended Joint Chapter 11 Plan on March 29, 2011. The Plan
was declared effect on March 31.
On Dec. 15, 2011, Motors Liquidation was dissolved. On the
Dissolution Date, pursuant to the Plan and the Motors Liquidation
Company GUC Trust Agreement, dated March 30, 2011, between the
parties thereto, the trust administrator and trustee -- GUC Trust
Administrator -- of the Motors Liquidation Company
GUC Trust, assumed responsibility for the affairs of and certain
claims against MLC and its debtor subsidiaries that were not
concluded prior to the Dissolution Date.
* * *
The Troubled Company Reporter, on Aug. 29, 2014, reported that
Fitch Ratings has affirmed the Issuer Default Ratings (IDRs) of
General Motors Company (GM) and its General Motors Holdings LLC (GM
Holdings) subsidiary at 'BB+'. In addition, Fitch has affirmed GM
Holdings' secured revolving credit facility rating at 'BBB-' and
GM's senior unsecured notes rating at 'BB+'. The Rating Outlook for
GM and GM Holdings is Positive.
GI APPLE: OHA Senior Marks $1.1 Million 1L Loan at 43% Off
----------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,133,000 loan
extended to GI Apple Midco LLC to market at $648,000 or 57% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank 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.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About GI Apple Midco LLC
GI Apple Midco LLC is engaged in providing financial solutions and
services.
GI APPLE: OHA Senior Marks $1.6 Million 1L Loan at 88% Off
----------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,617,000 loan
extended to GI Apple Midco LLC to market at $192,000 or 12% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank 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.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About GI Apple Midco LLC
GI Apple Midco LLC is engaged in providing financial solutions and
services.
GIO LIQUOR: Mark Shapiro Named Subchapter V Trustee
---------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Mark Shapiro of
Steinberg, Shapiro & Clark as Subchapter V trustee for Gio Liquor,
Inc.
Mr. Shapiro will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Shapiro declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mark H. Shapiro
Steinberg, Shapiro & Clark
25925 Telegraph Rd., Ste. 203
Southfield, MI 48033
Phone: (248) 352-4700
Email: shapiro@steinbergshapiro.com
About Gio Liquor Inc.
Gio Liquor Inc. is a Michigan-based liquor retailer.
Gio Liquor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Mich. Case No. 25-45091) on May 18, 2025. In its
petition, the Debtor reported estimated assets between $100,000 and
$500,000 and estimated liabilities between $500,000 and $1
million.
Judge Maria L. Oxholm handles the case.
The Debtor is represented by Robert N. Bassel, Esq., at Robert
Bassel, Attorney At Law.
GLOBAL CONCESSIONS: Seeks to Hire Thompson Hine as Special Counsel
------------------------------------------------------------------
Global Concessions, Inc. filed an amended application seeking
approval from the U.S. Bankruptcy Court for the Northern District
of Georgia to employ Thompson Hine, LLP as special counsel.
The special purpose for which the Debtor seeks to employ Thompson
Hine is more specifically with regards to engagement in, and
assistance with, certain negotiations with the City of Atlanta and
also with HMSHost Corporation and related affiliates and
subsidiaries, analysis of legal issues related to the Debtor's rent
obligations, and potential assistance with legal transactional work
related to documenting one or more transactions with one or both of
the City and/or Host if one or more such transactions are
ultimately agreed upon and approved by the Court.
The firm will be paid at these rates:
Michael Coleman $695 per hour
Tara Evans $550 per hour
Michael Coleman, Esq. disclosed in a court filing that the firm is
a "disinterested person" as the term is defined in Section 101(14)
of the Bankruptcy Code.
The firm can be reached at:
Michael V. Coleman, Esq.
Thompson Hine, LLP
Two Alliance Center
3560 Lenox Road NE, Suite 1600
Atlanta, GA 30326
Tel: (404) 541-2900
Email: michael.coleman@thompsonhine.com
About Global Concessions, Inc.
Global Concessions Inc., established in 1990 and headquartered in
Atlanta, Georgia, specializes in operating food and beverage
concessions, primarily within major transportation hubs across the
United States. The Company has expanded its portfolio to include a
diverse range of dining experiences, from quick-service
partnerships with renowned brands like IHOP Express, Ben & Jerry's,
and Nathan's Famous, to unique, stand-alone restaurants such as
Sweet Georgia's Juke Joint and One Flew South.
Global Concessions Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-53640) on April 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million.
The Debtor tapped Benjamin Keck, Esq., at Keck Legal, LLC as
counsel and GlassRatner Advisory & Capital Group, LLC, doing
business as B. Riley Advisory Services, as restructuring advisor.
GO LAB INC: Gets Court Approval for Debt-for-Equity Plan
--------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that a Delaware
bankruptcy judge on Tuesday, June 10, 2025, signed off on GO Lab's
equity-swap Chapter 11 plan, noting that it had broad support from
creditors and received no objections.
About Go Lab, Inc.
GO Lab, Inc. and GO Lab Madison, LLC are a start-up manufacturer
based in Madison, Maine, specializing in high-performing,
dry-process wood fiber construction insulation. Founded in 2017,
the Company produces three commercial products: TimberBatt,
TimberFill, and TimberBoard, all made from clean softwood residuals
sourced from sawmills and small-diameter trees.
GO Lab, Inc. and GO Lab Madison, LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del., Lead Case No.
25-10557) on March 25, 2025. In the petition, the Debtors reported
total assets of $500,000 to $1 million and total debts of $10
million to $50 million. The petitions were signed by Matthew
O'Malia as president and CEO.
The Honorable Bankruptcy Judge Karen B Owens handles the case.
The Debtors tapped Cozen O'Connor to serve as their general
bankruptcy counsel. Pierce Atwood LLP is the Debtors' special
counsel for corporate matters. Nixon Peabody LLP is the Debtors'
special counsel for tax and bond matters. Jefferies LLC acts as
investment banker to the Debtors, and Berry Dunn McNeil & Parker
LLC acts as accountants to the Debtors. The Debtors' claims and
noticing agent is Omni Agent Solutions.
GOAK PROPERTIES: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------------
The U.S. Trustee for Region 21 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Goak Properties, LLC.
About Goak Properties
Goak Properties, LLC is a real estate company based in Sandy
Springs, Ga.
Goak Properties sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-54948) on May 5, 2025.
In its petition, the Debtor reported estimated assets and
liabilities between $500,000 and $1 million.
Judge Lisa Ritchey Craig handles the case.
The Debtor is represented by Cameron M. McCord, Esq., at Jones &
Walden, LLC.
GOLDNER CAPITAL: Taps Summers Compton Wells as Real Estate Counsel
------------------------------------------------------------------
Goldner Capital Management LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the Eastern District of New York
to hire Summers Compton Wells LLC as real estate counsel.
The firm will assist the Debtors with the closing of the sale of
its real property known as, and located at 2201 Glenn Hendren
Drive, Liberty, Missouri.
The firm will be paid at these hourly rates:
Principals $490 - $500
Of Counsel/Associates $350 - $400
Paralegals $200 - $225
As disclosed in the court filings, Summers Compton Wells is a
"disinterested person" as that phrase is defined in Section 101(14)
of the Bankruptcy Code, as modified by Section 1107(b) of the
Bankruptcy Code.
The firm can be reached through:
David A. Sosne, Esq.
SUMMERS COMPTON WELLS, LLC
903 S. Lindbergh Blvd., #200
St. Louis, MO 63131
Tel: (314) 991-4999
Email: dsosne@scw.law
About Goldner Capital Management LLC
Goldner Capital Management LLC is a limited liability company.
Goldner Capital Management LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-73789) on
October 2, 2024. In the petition filed by Samuel Goldner, as
manager, the Debtor reports estimated assets up to $50,000 and
estimated liabilities between $10 million and $50 million.
Bankruptcy Judge Alan S. Trust handles the case.
The Debtor is represented by Gary F. Herbst, Esq. at LAMONICA
HERBST & MANISCALCO, LLP.
GOOD EARTH: Christopher Hayes Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 17 appointed Christopher Hayes as
Subchapter V trustee for Good Earth Staging, LLC.
Mr. Hayes will be paid an hourly fee of $470 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Hayes declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Christopher Hayes
23 Railroad Avenue, #1238
Danville, CA 94526
Phone: (925) 725-4323
Email: chayestrustee@gmail.com
About Good Earth Staging
Good Earth Staging, LLC is a home staging and interior design
company based in Newark, California. It provides services including
full and partial home staging, interior design, moving and storage
solutions, as well as cleaning and professional photography. The
Company serves homeowners, realtors, investors, and developers
across the San Francisco Bay Area.
Good Earth Staging sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Calif. Case No. 25-40844) on May 15,
2025. In its petition, the Debtor reported estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Judge Charles Novack handles the case.
The Debtor is represented by Gopal Krishan, Esq., at Allied Legal,
PC.
GRANT ANTIQUES: Andrew Layden Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 21 appointed Andrew Layden as
Subchapter V trustee for Grant Antiques, Inc.
Mr. Layden will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Layden declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Andrew Layden
200 S. Orange Avenue, Suite 2300
Orlando, FL 32801
Telephone: 407-649-4000
Email: alayden@bakerlaw.com
About Grant Antiques Inc.
Grant Antiques, Inc. operates as an antique mall offering a wide
range of antiques, collectibles, and vintage items. It is based in
Grant, Florida, with additional presence in Fort Pierce, Florida.
The company is registered as a Florida corporation and serves
antique enthusiasts through its multiple dealer booths and
consignment sales.
Grant Antiques sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02931) on May 15,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Judge Grace E. Robson handles the case.
The Debtor is represented by Brian K. McMahon, Esq., at Brian K.
McMahon, PA.
GREATER LIGHT: Amends Several Secured Claims Pay Details
--------------------------------------------------------
Greater Light Baptist Church of Sacramento submitted a Second
Amended Disclosure Statement describing Third Amended Plan of
Reorganization dated June 2, 2025.
On the Effective Date of the Plan, Debtor shall become the
Reorganized Debtor and shall continue to operate its business.
On the Effective Date of the Plan, Debtor will make the following
distributions to claim holders under this Plan. These classes
include:
* Monthly payments to secured claims of Mr. Cooper, servicer
for U.S. Bank National as Trustee for Velocity Commercial Capital
Loan Trust 2019-1
* Monthly payment to three secured claims of FCI Lender
Services, Inc. servicer for Union Home Loan, Inc.
* Monthly payment to secured claim of EBF Holdings, LLC d/b/a
Everest Business Funding; and
* Monthly payments to the general unsecured class
* Monthly payments to priority tax claims
Class 1 consists of the secured claim of Mr. Cooper, servicer for
U.S. Bank National Association, as Trustee for Velocity Commercial
Capital Loan Trust 2019-1. Under this plan the Debtor shall
continue to make mortgage payments to the Class 1 claimant in
accordance with the pre-petition terms of the mortgage agreement,
except as amended and provided. The loan amount of $2,355,377.82
shall be amortized over 360 months. Balloon payment extended and
due on month 36 from the Effective Date of the Plan. Payments will
commence on the 1st of the month following the Effective Date and
continuing on the 1st of every subsequent month and broken down
over 24 months.
Class 2 consists of the secured claim of FCI Lender Services, Inc.
servicer for Union Home Loan, Inc. Under this plan the Debtor shall
continue to make mortgage payments to the Class 2 claimant in
accordance with the pre-petition terms of the mortgage agreement,
except as amended and provided. The loan amount of $1,200,000.00
shall be amortized over 360 months. Balloon payment for full
remaining loan balance extended and due on month 36 from the
Effective Date of the Plan.
Class 3 consists of the secured claim of FCI Lender Services, Inc.
servicer for Union Home Loan, Inc. Under this plan the Debtor shall
continue to make mortgage payments to the Class 3 claimant in
accordance with the pre-petition terms of the mortgage agreement,
except as amended and provided. The loan amount of $1,390,000.00
shall be amortized over 360 months. Balloon payment for full
remaining loan balance extended and due on month 36 from the
Effective Date of the Plan.
Class 6 consists of the secured claim of Sacramento County Tax
Collector. The Debtor is a religious organization and is exempt
from real property taxes under Revenue and Taxation Code section
207. Debtor has filed its Religious Exemption with Secretary of
State and therefore the Class 6 Claimant should be owed $0.00.
Like in the prior iteration of the Plan, the Debtor shall pay 100%
to Class 7 General Unsecured Creditors to be distributed to claim
holders in this class on a pro rata basis over 36 months. This
Class shall receive a monthly payment of $650.00. First payment
will commence after all administrative claims have been paid in
full. Debtor estimates payments will begin 120 days after the
Effective Date. Payments will be made in equal monthly payments by
the 15th of each month.
The projected post-confirmation budget provides that Debtor will
have sufficient cash flow from business operations to pay the
proposed Plan payments and will have a surplus after providing for
all payments each month. Debtor has secured additional rental
income, as well as future income from event and space rent.
During this case, Debtor has been making adequate protection
payments as broken down in the table below for $31,104.17 per
month. The proposed Plan provides for an increase totaling
$7,157.06, of which Debtor will off-set this amount with cash
reserves and the sale of two commercial properties. Debtor will
streamline and reduce their costs as well and request its members
to increase their donations to secure sufficient funds as
necessary.
A full-text copy of the Second Amended Disclosure Statement dated
June 2, 2025 is available at https://urlcurt.com/u?l=S6oDkH from
PacerMonitor.com at no charge.
Attorney for the Debtor:
Gabriel E. Liberman, Esq.
LAW OFFICES OF GABRIEL LIBERMAN, APC
1545 River Park Drive, Suite 530
Sacramento, CA 95815
Tel: (916) 485-1111
Fax: (916) 485-1111
Email: Gabe@4851111.com
About Greater Light Baptist Church
Greater Light Baptist Church of Sacramento is a tax-exempt
religious organization in Sacramento, Calif.
Greater Light Baptist Church filed its voluntary petition for
Chapter 11 protection (Bankr. E.D. Cal. Case No. 23-24467) on Dec.
13, 2023, listing $10 million to $50 million in assets and $1
million to $10 million in liabilities. Pastor O.J. Swanigan,
president of Greater Light Baptist Church, signed the petition.
Judge Fredrick E. Clement oversees the case.
The Law Offices of Gabriel Liberman, APC, serves as the Debtor's
legal counsel.
GREENWICH RETAIL: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: Greenwich Retail Group LLC
349 Greenwich Street
New York, NY 10013
Business Description: Greenwich Retail Group LLC operates retail
clothing stores under brands including
Everafter, which focuses on children's and
teen apparel, and The Westside, a women's
fashion boutique.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-11295
Debtor's Counsel: Robert L. Rattet, Esq.
DAVIDOFF HUTCHER & CITRON LLP
605 Third Avenue
34th Floor
New York, NY 10158
Tel: 212-557-7200
Fax: 212 286 1884
E-mail: rlr@dhclegal.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Haro Keledjian 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/L5MTQPI/Greenwich_Retail_Group_LLC__nysbke-25-11295__0001.0.pdf?mcid=tGE4TAMA
GRYPHON DEBT: S&P Assigns 'B+' ICR, Outlook Stable
--------------------------------------------------
S&P Global Ratings assigned 'B+' ratings to the borrower, Gryphon
Debt Merger Sub Inc., and the term loan, with a '3' recovery
rating.
The stable outlook reflects the company's consolidated competitive
landscape and programable software ecosystem, which should support
a stable revenue base. S&P also believes the planned cost
restructuring presents significant transformation challenges but is
achievable.
Altera's small market, slow segment growth, and nascent AI
opportunity drive S&P's assessment of its business. S&P also
considers its consolidated competitive landscape and sticky
programming software. Altera operates within a niche market segment
with a total addressable market estimated in the single-digit
billion dollar area, a fraction of the $700 billion global
semiconductor market. This limited market opportunity, combined
with customer transitions to custom application-specific integrated
circuits (ASIC) as use cases scale, constrains Altera's upside
potential.
The FPGA segment has grown slowly, with Altera and its main
competitor Xilinx expanding just a combined 2.5% annually from
2010-2021, much slower than S&P expected when it previously rated
Xilinx as stand-alone businesses in 2017. Furthermore, Altera's
opportunities in the AI data center market are limited to niche use
cases such as prototyping, network interface cards, encryption, and
compression. The explosion in hyperscale data center spending over
the last few years has not consistently benefited Altera. In
addition, these data centers have the scale required to utilize
ASICs. The company's AI prospects are more focused on edge
applications, where the opportunity is more nascent.
Altera benefits in the FPGA market from a consolidated competitive
landscape. The company's proprietary programming software increases
customers' switching costs, keeping them in Altera's ecosystem. It
has diverse end markets with no reliance on any single customer.
Product life cycles can last up to a decade or more, and products
aren't manufactured on the latest nodes. This limits disruption
from challengers and obsolescence risk, although Altera must
execute well when it adopts a new node.
Xilinx has done much better since Intel acquired Altera. Intel
focused Altera on the lower-margin data center market, and we
believe it faced conflicting priorities in the sales force with
Intel's priority on selling CPUs. S&P said, "We believe Altera
didn't execute well in that market and lost share in the more
profitable industrial markets. Nonetheless, it preserved its
revenue base demonstrating the stickiness of its programming
software. Despite a good opportunity to improve the business,
sticky ecosystems work both ways. We think winning back share will
be a slow process."
Altera's foundry partnership with Intel for manufacturing in the
U.S. will likely help customers mitigate some tariff risk, while
Xilinx manufactures predominantly in Asia. Customer feedback
suggests Altera's new Agilex products compare well against Xilinx's
offerings, with another opportunity for differentiation. We see
limited competition from emerging Chinese players in the mid to
high end of the FPGA market that many U.S. semiconductor peers
face.
Tariff-related macroeconomic uncertainty and significant business
transformation are two key risks. Tariff and macroeconomic
uncertainty could cause an industry downturn. Semiconductor
sectoral tariffs are likely coming, and the resolution of
reciprocal tariffs on key trading partners is still unclear. While
Altera is better positioned for tariffs than many other
semiconductor companies given some domestic manufacturing through
Intel, S&P believes the company would likely face second order
impacts from tariffs on the products its chips are built into and
the potential overall macroeconomic effect on IT spending.
Transition risk is high. Major changes to the cost structure could
cause business disruption. The company is focused on improving its
go-to-market execution as it shifts focus to the more profitable
embedded, industrial, and military markets and away from the
lower-margin data center market.
Over the next several years, the transition could foster a return
to gross margins in the mid-60% to 70% range, which Altera enjoyed
prior to the Intel acquisition. The increase could come from an
improving mix of more profitable markets and cost rationalizations.
Xilinx maintained gross margin in that area when Altera's were
falling. Lower-end competitor Lattice has recently improved to
these margins.
S&P said, "We forecast debt to EBITDA of about 5x in 2026, falling
to about 4x in 2028 on margin expansion and mid- to
high-single-digit percent revenue growth. This includes our
treatment of the company's proposed preferred equity as debt
because it is callable within five years, the dividend steps up
within 10 years, and we believe Altera has an incentive to redeem
it given its high cost. We believe preferred equity redemption risk
is low in the first two years because Altera would have to pay the
present value of remaining interest through the first two years,
but it is callable thereafter.
"We expect S&P Global Ratings-adjusted EBITDA margin in the mid- to
high-20% area from 2026-2028. This is a function of gross margin
improving to the low-60% area in 2028 from about 50% in 2024 on
improved foundry agreements, price increases, cost optimizations,
and an increasing mix of higher-margin end markets (embedded,
industrial, military) while the lower-margin markets (telecom and
data center) decrease. We also believe that management's planned
operating cost controls are reasonable."
Revenue is cyclically low after a significant customer inventory
build in 2022 and 2023 following COVID-19 pandemic-driven supply
chain shortages. Altera averaged $1.9 billion in revenue from
2016-2021, and S&P forecasts a return to this level in 2028 as new
Agilex products help it regain share in the industrial markets.
Because it outsources manufacturing to foundries, Altera has good
cash flow yield with free operating cash flow to debt expected in
the 10%-15% range. Intel's reimbursement for carve-out costs up to
$277 million and cash payouts for legacy restricted stock units
will support cash flow.
S&P said, "We see Silver Lake as more conservative than many
sponsors regarding financial risk in the rated U.S. technology
space, but the rating captures some releveraging risk. We think an
IPO is a potential exit plan for Altera, which provides an
incentive for leverage reduction. However, our rating factors in
the risk that Silver Lake could draw on Altera's debt capacity to
fund some or all of the deferred purchase consideration. Because
Silver Lake only owns a little over half the company, the
distribution if any, would need to be around twice its target
amount – the target could be the full deferred amount or only a
portion.
"The stable outlook reflects the company's consolidated competitive
landscape and programmable software ecosystem, which should provide
a stable revenue base. We also believe the cost restructuring
represents significant transformation but is achievable given
Altera's excessive cost structure with very low margins."
S&P could lower the rating if the company sustains leverage above
6x. This could occur if:
-- It executes its cost restructuring poorly;
-- Tariff and macroeconomic volatility cause an industry
downturn;
-- The company misses a product transition; or
-- The financial sponsor releverages the company.
S&P could raise the rating over the next two years if the company:
-- Reduces leverage below the 5x area--after it makes its final
deferred consideration payment in December 2027--as a result of a
cost restructuring, likely with S&P Global Ratings-adjusted EBITDA
margin above 30% and at least mid- to high-single-digit-percent
revenue growth as the company regains share in the profitable
industrial, embedded, and aerospace and defense end markets; and
-- Commits to maintaining leverage below this threshold through
acquisitions, redemption of the preferred equity, and shareholder
returns.
GUNNISON VALLEY: Seeks to Hire Bland Law Office as Special Counsel
------------------------------------------------------------------
Gunnison Valley Properties, LLC, seeks approval from the U.S.
Bankruptcy Court for the District of Colorado to hire Bland Law
Office LLC as special counsel.
Prior to the Petition Date, a contractor who performed work on the
Project began a mechanic's lien foreclosure action in the District
Court for Gunnison County, Colorado in a case titled Spallone
Construction Inc. v Gunnison Valley Properties LLC, et al, case
number 2023CV030028 (the "Gunnison County Action"). DDC LLC d/b/a
Dietrich Dirtworks and Construction LLC ("DDC") joined the Gunnison
County Action and asserted cross claims to foreclose a mechanic's
lien on the Project, among other claims.
Following the entry of limited relief from the automatic stay by
this Court, on Oct. 28, 2024, the court in the Gunnison County
Action entered its Order on the certain motions for summary
judgment.
Bland Law will represent the Debtor in in connection with any
appeal of the Summary Judgment Order.
The firm will bill $300 per hour for its services.
As disclosed in the court filings, Bland is disinterested, as that
term is defined in 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Richard Bland, Esq.
Bland Law Office LLC
1079 S Hover Street, Suite 200
Longmont, CO 80501
Tel: (720) 839-9097
Fax: (866) 855-0184
Email: rblandlaw@comcast.net
About Gunnison Valley Properties
Gunnison Valley Properties LLC in Louisville, Colo., sought relief
under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No.
24-15052) on Aug. 28, 2024, listing $50 million to $100 million in
assets and $10 million to $50 million in liabilities. Byron
Chrisman, manager, signed the petition.
Judge Joseph G. Rosania Jr. oversees the case.
Onsager | Fletcher | Johnson | Palmer LLC serves as the Debtor's
legal counsel.
HARVEY CEMENT: Seeks to Extend Plan Exclusivity to August 15
------------------------------------------------------------
Harvey Cement Products Inc., asked the U.S. Bankruptcy Court for
the Northern District of Illinois to extend its exclusivity periods
to file a plan of reorganization to August 15, 2025.
The Debtor's Chapter 11 case was filed in order to avoid the sale
of real estate taxes in connection with the Property.
The Debtor, through its realtor, Karen Kulczycki, is still in the
process of showing the Property to prospective purchasers. Although
several interested purchasers have come forward, none have
submitted letters of intent. The realtor will continue to promote
the sale of the Property to enable the Debtor to sell the Property,
and either relocate its business, or lease back the Property from a
potential purchaser.
The Debtor believes the Property has significant equity over and
above what is owed to the Debtor's secured creditors, Old National
Bank, and Small Business Administration, and to the Cook County
Treasurer for unpaid real estate taxes.
The Debtor explains that it is in need of an additional extension
of time to file its Plan while the Debtor continues to attempt to
sell the Property. Without a letter of intent from a prospective
purchaser, the Debtor has no way of knowing the extent to which its
creditors will be paid.
The Debtor claims that the requested extension is attributable to
circumstances for which the Debtor should not justly be
accountable. This Motion is not being brought to cause delay, no
party will be prejudiced by the granting of the requested
extension, and no prior extensions have been requested.
About Harvey Cement Products
Harvey Cement Products Incorporated founded in 1947, has grown over
the years to be one of the leading manufacturers of over 200
varieties and sizes of masonry products and is able to deliver
customer orders to virtually any job site in the contiguous United
States.
Harvey Cement Products Incorporated sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case
No. 24-18335) on Dec. 5, 2024. In the petition filed by Gordon
Steck, as vice president, the Debtor reports total liabilities of
$1,174,348.
Bankruptcy Judge Jacqueline P. Cox handles the case.
The Debtor is represented by:
Scott R. Clar, Esq.
CRANE, SIMON, CLAR & GOODMAN
Suite 3950
135 South LaSalle Street
Chicago, IL 60603-4297
Tel: (312) 641-6777
Fax: (312) 641-7114
Email: sclar@cranesimon.com
HAWAIIAN ELECTRIC: Fitch Hikes LongTerm IDR to B+, Outlook Positive
-------------------------------------------------------------------
Fitch Ratings has upgraded Hawaiian Electric Industries, Inc.'s
(HEI) Long-term Issuer Default Rating (IDR) to 'B+' from 'B'. Fitch
has also upgraded Hawaiian Electric Company, Inc.'s (HECO), Maui
Electric Company Limited (MECO) and Hawaii Electric Light Company
Inc.'s (HELCO) Long-Term IDRs to 'BB-' from 'B', and has affirmed
HEI's and HECO's Short-Term IDRs at 'B'. The Rating Outlook for all
the entities is Positive.
Additionally, Fitch has upgraded HECO's and MECO's senior unsecured
debt to 'BB' from 'B+' with a Recovery Rating of 'RR3' and HELCO's
senior unsecured debt to 'BB' from 'BB-'/'RR2'. A full list of
rating actions follows at the end of this release.
The upgrades reflect expected execution of the $4.037 billion Maui
wildfire settlement after a recent constructive Hawaiian Supreme
Court ruling on insurers' claims and passage of HB1001, which
appropriates State of Hawaii's funding for its share of the
settlement. Courts should finalize settlement approval in late 2025
or early 2026. HEI has strengthened its liquidity by prefunding the
first settlement payment and reducing debt through selling a 90.1%
stake in American Savings Bank and issuing $558 million in equity.
HECO's progress in wildfire mitigation efforts also contributed to
the upgrade.
The Positive Outlook reflects passage of SB897 by the Hawaii
legislature that directs the Hawaii Public Utilities Commission
(PUC) to establish a liability cap for wildfire claims for the
state's electric utilities and to study the merits of a wildfire
recovery fund. If implemented, the liability cap and/or the
wildfire fund would significantly mitigate HECO's financial
exposure to catastrophic wildfires and could drive future positive
rating actions. SB897 is awaiting Hawaii's Governor's signature to
become law.
Key Rating Drivers
Wildfire Settlement on Track: The settlement agreements between
HEI, HECO and other defendants and individual and class plaintiffs
to resolve the 2023 Maui wildfire related tort lawsuits are likely
to receive final court approval in late 2025 or early 2026. The
final settlements were contingent on resolving insurance company
claims with no additional payments from defendants. In February
2025, the Hawaii Supreme Court issued an order stating that once
the settlement becomes final, the exclusive remedy for insurers
seeking to recover amounts paid to settling plaintiffs is to assert
liens against their policyholders.
Key Legislation Passed: The Hawaii legislature passed HB1001 in May
2025, which is critical for the settlement agreements to move
forward. HB1001 appropriates State of Hawaii's contribution to the
settlement agreements, which comprises $807.5 million over four
years as part of the global $4.037 billion settlement. HEI and HECO
are responsible for $1.99 billion, of which $75 million was
previously contributed to the 'One Ohana Fund'. Fitch views
execution of the settlement agreements as crucial for resolving
Maui wildfire related liabilities and for the companies' ability to
access capital markets at a reasonable cost.
Liquidity Bolstered: A $558 million equity issuance in September
2024 and sale of HEI's 90.1% stake in American Savings Bank in
December 2024 bolstered HEI's financial condition. HEI prefunded
the first installment of the $479 million settlement payment and
paid down $384 million of HEI debt and $66 million of HECO revolver
borrowings. Pro forma for these transactions, HEI and HECO hold
$245 million in unrestricted cash and maintain $133 million in
availability under their revolving credit facilities as of
end-April 2025. Additional liquidity is available via HECO's $220
million asset-based lending facility and HEI's $250 million ATM
program. Near-term maturities are manageable.
Still Evolving Wildfire Construct: The Hawaii legislature passed
SB897 in May 2025. It directs the Hawaii PUC to set a liability cap
for the state's electric utilities that limits their financial
exposure from future catastrophic wildfires if the utility has a
PUC approved wildfire mitigation plan and is in compliance. The PUC
must also recommend whether to establish a wildfire recovery fund
along with proposed size, funding and eligibility. SB897 also
permits utilities to issue securitization bonds to finance
investments related to wildfire safety and resilience, a credit
positive. HECO's positive rating potential depends on the liability
cap determination and wildfire fund establishment.
Progress on Wildfire Mitigation: HECO is directing a substantial
amount of its capex on wildfire mitigation and resilience. The
company has implemented several mitigation measures like hardening
the transmission and distribution system, installing fire detection
cameras and weather stations, improving operational practices,
engaging with stakeholder and community members, and instituting a
public safety power shutoff program. HECO has developed a
comprehensive wildfire mitigation plan for 2025-2027, which has
been filed with the PUC.
Leverage Metrics Under Pressure: Materially higher operating costs
primarily driven by wildfire mitigation and increased insurance
premiums have impacted HECO's FFO leverage, which increased to 5.2x
in 2024 compared to 3.5x-4.0x historically. The PUC has approved
HECO's request to file a rate case using a forward 2026 test year.
A constructive outcome in the rate case could allow HECO to earn
closer to its allowed return on equity (ROE). Fitch expects HEI and
HECO's FFO leverage to be pressured by settlement payments over
2026-2029. Excluding these payments, Fitch expects HEI's and HECO's
adjusted FFO leverage to approach 4.6x and 4.1x, respectively by
2027.
Parent-Subsidiary Linkage: There is parent subsidiary linkage
between HEI and HECO. Fitch determines HEI's standalone credit
profile (SCP) based upon consolidated metrics. Fitch considers HECO
to have the stronger SCP due to its lower leverage and lower
operating risks as a regulated utility. As such, Fitch has followed
the stronger subsidiary path. Legal ringfencing is porous given the
general protections afforded by economic regulation, and access and
control are also porous. Due to the linkage considerations, Fitch
will limit the difference between HEI and HECO to two notches.
Fitch views HELCO and MECO, HECO's subsidiaries, as weaker than
HECO given their small-scale operations and limited capital-market
access. HECO benefits from the ownership of multiple operating
subsidiaries that provide scale, diversity, and stability to its
cash flow. Fitch considers legal incentives to be high as HECO
guarantees its subsidiaries' debt, resulting in HELCO's and MECO's
IDR being equalized with HECO's.
Peer Analysis
HEI is comparable to utility holding company PG&E Corporation (PCG;
BB+/Positive) regarding ownership of a single operating subsidiary
that operates in a state with high wildfire risk exposure. Like HEI
and HECO, PCG's wholly-owned utility subsidiary, Pacific Gas and
Electric Company (PG&E; BB+/Positive) has experienced catastrophic
wildfires in its service territory, which has constrained access to
capital markets due to large, wildfire-related third-party
liabilities.
PG&E has made substantial progress in reducing its wildfire risk
since it experienced catastrophic wildfires in 2017-2018. However,
the highly destructive wildfires in non-PG&E service territory in
January 2025 that could have been sparked by utility equipment
underscores the persistent threat of catastrophic wildfires in
California. HECO is much smaller than PG&E in terms of area served.
However, it is much smaller in rate base as well. The pending
settlement agreements for the August 2023 Maui wildfire peg HECO's
liability at $1.99 billion, or approximately 50% of its year-end
2023 rate base.
The protection afforded by AB 1054 to the California investor-owned
utilities (IOUs) could be significantly diminished if the Eaton
fire is determined to be sparked by Southern California Edison, a
peer IOU to PG&E in California. Regulatory/legislative initiatives
to protect PG&E and the other state IOUs from potential wildfire
liabilities will be a critical determinant of future PCG and PG&E
credit quality. Similarly, for HECO and HEI, a liability cap
determination and creation of a wildfire recovery fund is key to
mitigate HECO and HEI's financial exposure to future wildfires.
Unlike California, Hawaii has no precedent for applying inverse
condemnation to an IOU, benefiting HEI and HECO.
In 2024, PCG's FFO leverage improved to 4.6x from 6.9x in 2023, and
Fitch estimates FFO leverage of 4.8x and 4.6x for 2025 and 2026,
respectively. PG&E's FFO leverage is expected to be somewhat
stronger than PCG's, with both anticipated to surpass their FFO
leverage upgrade sensitivities, supporting Positive Rating
Outlooks. HECO's FFO leverage weakened to 5.2x in 2024 compared to
3.5x in 2023, driven by higher wildfire related operating costs.
Excluding the four equal instalments of settlement payments from
FFO over 2026-2029, Fitch expects HEI and HECO's adjusted FFO
leverage could improve to 4.6x and 4.1x, respectively, by 2027.
Key Assumptions
- HECO capex significantly higher than historical spend due to
wildfire mitigation spend;
- HECO's ROE lag widening in 2026, primarily driven by higher O&M
costs;
- Constructive outcome of HECO's 2026 rate case;
- Funding of wildfire settlement payments in a credit supportive
manner;
- HELCO's and MECO's operations form roughly 15% and 14% of HECO's,
respectively, consistent with historical levels;
- No securitization assumed for HECO. SB897 allows for HECO to
issue $500 million of securitization bonds to finance wildfire
mitigation capex, which would reduce its reliance on external
funding.
RATING SENSITIVITIES
Hawaiian Electric Industries
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Unwinding of the pending Maui wildfire settlements;
- Inability to fund financial liability from Maui wildfires
settlement agreements;
- Difficulty in accessing capital markets and deterioration in
liquidity;
- Settlement liabilities predominantly debt funded;
- Inadequate measures or non-compliance with PUC approved wildfire
mitigation plan at the utility subsidiaries;
- Continuation of catastrophic wildfire activity at utility
subsidiaries.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Finalization of the Maui 2023 wildfire settlement agreements
coupled with the clear financing plan to fund the payments in a
credit supportive manner;
- Establishing a liability cap for HECO in accordance with SB897;
- Creation of a wildfire recovery fund that materially mitigates
financial risk for the utility subsidiaries against potential large
wildfire-related claims.
Hawaiian Electric Company, Inc.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Unwinding of the pending Maui wildfire settlements;
- Inability to fund financial liability from Maui wildfires
settlement agreements;
- Difficulty in accessing capital markets and deterioration in
liquidity;
- Inadequate measures or non-compliance with PUC approved wildfire
mitigation plan;
- Continuation of catastrophic wildfire activity;
- Deterioration in regulatory environment.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Finalization of the Maui 2023 wildfire settlement agreements
coupled with the clear financing plan at HEI to fund the payments
in a credit supportive manner;
- Establishing a liability cap in accordance with SB897;
- Creation of a wildfire recovery fund that materially mitigates
financial risk against potential large wildfire-related claims;
- Constructive regulatory outcome in the 2026 rate case, which
substantially eliminates the regulatory lag.
Hawaii Electric Light Company Inc.
Factors That Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Negative ratings action at HECO.
Factors That Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Positive ratings actions at HECO.
Maui Electric Company Limited
Factors That Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Negative ratings action at HECO;
Factors That Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Positive ratings actions at HECO
Liquidity and Debt Structure
HEI and HECO have sufficient near-term liquidity with available
unrestricted cash of $499 million and $130 million, respectively,
as of March 31, 2025. Restricted cash of $482 million as of March
31, 2025, is set aside to meet the first settlement payment of $479
million. HEI used a portion of its available cash to pay down $384
million of debt in April 2025.
HEI's and HECO's revolving facilities are $175 million and $200
million, respectively, through May 14, 2026. The facilities will
step down to approximately $157 million and $180 million,
respectively, through May 14, 2027. As of March 31, 2025, HEI and
HECO had $54 million and $79 million, respectively, availability
under their revolvers. As of March 31, 2025, additional liquidity
is available under HECO's $220 million asset-based lending facility
and HEI's $250 million ATM program.
For the remainder of 2025, HECO has $50 million debt maturity and
HEI has $19 million. HEI's next material debt maturity is in 2028.
HECO and its regulated subsidiaries have $125 million maturity in
2026 and $100 million maturity in 2027.
Common equity to total capitalization for HECO was 44% as of March
31, 2025 compared with the minimum requirement of no less than 35%,
and compared to 56% as of March 31, 2024. This decrease was due to
the $1.92 billion charge at HECO related to the settlement
agreement payments to be paid in four equal instalments over
2026-2029. The equity ratio at HECO will improve as HEI injects
equity in HECO and settlement payments are made.
Issuer Profile
HEI is a parent holding company of integrated regulated electric
utility HECO, which along with its subsidiaries, MECO and HELCO, is
engaged in the generation, purchase, transmission, distribution and
sale of electric energy in Hawaii.
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
Hawaii Electric Light Company Inc. has an ESG Relevance Score of
'4' for Customer Welfare - Fair Messaging, Privacy & Data Security
due to exposure to wildfire risk, which could cause catastrophic
destruction to its customers, which has a negative impact on the
credit profile, and is relevant to the rating in conjunction with
other factors.
Hawaii Electric Light Company Inc. has an ESG Relevance Score of
'4' for Exposure to Environmental Impacts due to heightened risk
from extreme wildfire activity, which has a negative impact on the
credit profile, and is relevant to the rating in conjunction with
other factors.
Hawaii Electric Light Company Inc. has an ESG Relevance Score of
'4' for Exposure to Social Impacts due to adverse impact on
customers and other constituents associated with extreme wildfire
activity in Hawaii, which has a negative impact on the credit
profile, and is relevant to the rating in conjunction with other
factors.
Hawaiian Electric Company, Inc. has an ESG Relevance Score of '4'
for Customer Welfare - Fair Messaging, Privacy & Data Security due
to exposure to wildfire risk, which could cause catastrophic
destruction to its customers, which has a negative impact on the
credit profile, and is relevant to the rating in conjunction with
other factors.
Hawaiian Electric Company, Inc. has an ESG Relevance Score of '4'
for Exposure to Environmental Impacts due to heightened risk from
extreme wildfire activity, which has a negative impact on the
credit profile, and is relevant to the rating in conjunction with
other factors.
Hawaiian Electric Company, Inc. has an ESG Relevance Score of '4'
for Exposure to Social Impacts due to adverse impact on customers
and other constituents associated with extreme wildfire activity in
Hawaii, which has a negative impact on the credit profile, and is
relevant to the rating in conjunction with other factors.
Hawaiian Electric Industries, Inc. has an ESG Relevance Score of
'4' for Customer Welfare - Fair Messaging, Privacy & Data Security
due to exposure to wildfire risk, which could cause catastrophic
destruction to customers of its utility subsidiaries, which has a
negative impact on the credit profile, and is relevant to the
rating in conjunction with other factors.
Hawaiian Electric Industries, Inc. has an ESG Relevance Score of
'4' for Exposure to Environmental Impacts due to heightened risk
from extreme wildfire activity, which has a negative impact on the
credit profile, and is relevant to the rating in conjunction with
other factors.
Hawaiian Electric Industries, Inc. has an ESG Relevance Score of
'4' for Exposure to Social Impacts due to adverse impact on
customers and other constituents of its utility subsidiaries
associated with extreme wildfire activity in Hawaii, which has a
negative impact on the credit profile, and is relevant to the
rating in conjunction with other factors.
Maui Electric Company Limited has an ESG Relevance Score of '4' for
Customer Welfare - Fair Messaging, Privacy & Data Security due to
exposure to wildfire risk, which could cause catastrophic
destruction to its customers, which has a negative impact on the
credit profile, and is relevant to the rating in conjunction with
other factors.
Maui Electric Company Limited has an ESG Relevance Score of '4' for
Exposure to Environmental Impacts due to heightened risk from
extreme wildfire activity, which has a negative impact on the
credit profile, and is relevant to the rating in conjunction with
other factors.
Maui Electric Company Limited has an ESG Relevance Score of '4' for
Exposure to Social Impacts due to adverse impact on customers and
other constituents associated with extreme wildfire activity in
Hawaii, which has a negative impact on the credit profile, and is
relevant to the rating in conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
Hawaiian Electric
Industries, Inc. LT IDR B+ Upgrade B
ST IDR B Affirmed B
senior
unsecured ST B Affirmed B
Hawaiian Electric
Company, Inc. LT IDR BB- Upgrade B
ST IDR B Affirmed B
senior
unsecured LT BB Upgrade B+
senior
unsecured ST B Affirmed B
Hawaii Electric
Light Company Inc. LT IDR BB- Upgrade B
senior
unsecured LT BB Upgrade BB-
Maui Electric
Company Limited LT IDR BB- Upgrade B
senior
unsecured LT BB Upgrade B+
HEADWAY WORKFORCE: Court Orders Creditors' Committee Appointment
----------------------------------------------------------------
Judge Joseph Callaway of the U.S. Bankruptcy Court for the Eastern
District of North Carolina ordered the appointment of these
creditors to the official committee of unsecured creditors in the
Chapter 11 cases of Headway Workforce Solutions, Inc. and its
affiliates:
1. Chapel Hill Partners, LP
c/o Jean-Pierre Sakey
2639 Marchmont Street
Raleigh, NC 27608
jp.sakey@gmail.com
2. Cornerstone Valuation, LLC
c/o H. Gregory Waller, Ph.D.
P.O. Box 560
Midlothian, VA
hgwaller@cornerstone-valuation.com
3. The Marketing Junction, Ltd.
c/o Robert Woodford
11 New Street
Weedon Northampton, England NN7 4QS
robert@themarketingjunction.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Headway Workforce Solutions Inc.
Headway Workforce Solutions, Inc. sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No.
25-01682-5-JNC) on May 5, 2025. In the petition signed by Brendan
Flood, chief executive officer, the Debtor disclosed up to $50
million in both assets and liabilities.
Judge Joseph N. Callaway oversees the case.
Rebecca Redwine Grow, Esq., at Hendren, Redwine & Malone, PLLC, is
the Debtor's legal counsel.
Noor Staffing Group, LLC, as DIP lender, is represented by:
Pamela P. Keenan, Esq.
Kirschbaum, Nanney, Keenan & Griffin, P.A.
PO Box 19766
Raleigh, NC 27619-9766
Telephone: (919) 848-0420
Facsimile: (919) 848-8755
pkeenan@kirschlaw.com
HENDERSON RECOVERY: Case Summary & 19 Unsecured Creditors
---------------------------------------------------------
Debtor: Henderson Recovery Inc.
d/b/a Henderson Recovery
1550 Channel Ave
Memphis, TN 38113
Business Description: Henderson Recovery Inc provides motor
vehicle transportation and towing services.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
Western District of Tennessee
Case No.: 25-22820
Judge: Hon. Denise E. Barnett
Debtor's Counsel: Toni Campbell Parker, Esq.
LAW FIRM OF TONI CAMPBELL PARKER
45 N. B.B. King Blvd Ste.201
Memphis, TN 38103
Tel: 901-483-1020
E-mail: tparker002@att.net
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Julie Henderson as president.
A full-text copy of the petition, which includes a list of the
Debtor's 19 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YS3QSBQ/Henderson_Recovery_Inc__tnwbke-25-22820__0001.0.pdf?mcid=tGE4TAMA
HERO BX ALABAMA: Court Appoints Compass Advisory as Receiver
------------------------------------------------------------
In the case styled SIENA LENDING GROUP LLC, Plaintiff v. HERO BX
ALABAMA, LLC, et al., Defendants, Case No. 1:25-cv-00139-SPB (W.D.
Pa.), the Court entered an Order appointing Compass Advisory
Partners, LLC as receiver of and over Defendants and all of their
respective assets.
As reported in the Trouble Company Reporter, the Plaintiff moved
for an immediate Order appointing a receiver for the Defendants and
the properties upon which they operate.
Pursuant to a Loan Agreement dated as of November 1, 2021, the
Plaintiff provided Defendants (i) a revolving loan in the maximum
revolving facility amount of $50,000,000; (ii) an equipment term
loan in the original principal amount of $4,300,000; and (iii) a
real estate term loan in the original principal amount of
$3,900,000.
In the Loan Agreement, to secure the full payment and performance
of all of the Obligations, the Defendants assigned and granted
Plaintiff a continuing security interest in all property of
Defendants. The Plaintiff perfected its security interests by
filing UCC financing statements with the Alabama, Pennsylvania, and
Delaware secretaries of state and respective counties where the
Real Properties.
Compass Advisory Partners will oversee Receivership Assets that
include, without limitation, (a) the real property and operations
located at: (i) 1670 E Lake Rd, Erie, PA 16511, (ii) 12892 Cherokee
Bend Parkway, Moundville, AL 35474, (iii) 227R Atlantic Avenue,
North Hampton, NH 03862, (iv) 7350 State Road Routh 111, South
Rozana, IL 62087, and (v) 5640 44th Avenue South, Clinton, IA
52732; (b) all contract rights of Defendants; (c) all accounts
receivable of Defendants; (d) all inventory, raw materials and
finished goods; (e) all bank accounts of Defendants; (f) all claims
and causes of action, except that the Receiver agrees to retain
Anthony Angelone of Nietupski Angelone, LLC, et al., to continue
prosecuting the action pending in the United States District Court
for the Western District of Pennsylvania at Case No.
1:24-cv-00128-SPB styled Samuel P. Black, III, et al., v. Soomi
James, et al.; and (g) all proceeds arising from disposition of the
Receivership Assets.
Hero BX Alabama, LLC is engaged in the production and marketing of
biodiesel at the Company's facility located in Erie, Pennsylvania.
The Plaintiff is represented by:
Joseph T. Moran, Esq.
BLANK ROME LLP
Union Trust Building
501 Grant Street, Suite 850
Pittsburgh, PA 15219
Telephone: (412) 932-2800
Facsimile: (412) 932-2777
E-mail: joseph.moran@blankrome.com
- and -
John E. Lucian, Esq.
Lawrence R. Thomas III, Esq.
BLANK ROME LLP
One Logan Square, 130 North 18th Street
Philadelphia, PA 19103
Telephone: (215) 569-5500
Facsimile: (215) 569-5555
E-mail: john.lucian@blankrome.com
lorenzo.thomas@blankrome.com
HIAWATHA MANOR: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------
The U.S. Trustee for Region 8 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Hiawatha Manor Association, Inc.
About Hiawatha Manor Association
Hiawatha Manor Association, Inc. oversees the management of the
timeshare condominiums known as Hiawatha Manor and Hiawatha Manor
I.
Hiawatha Manor Association sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-01916) on May
6, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and liabilities.
Judge Randal S. Mashburn handles the case.
The Debtor is represented by Blake D. Roth, Esq., at Holland &
Knight, LLP.
HIGH SOURCES: Hires Ford & Semach P.A. as Bankruptcy Counsel
------------------------------------------------------------
High Sources Inc. seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida to hire Ford & Semach, P.A. as
bankruptcy counsel.
The firm will render these services:
a. analyze the financial situation, and rendering advice and
assistance to the Debtor in determining whether to file a petition
under Title 11, United States Code;
b. advise the Debtor with regard to the powers and duties of
the debtor and as Debtor-in-Possession in the continued operation
of the business and management of the property of the estate;
c. prepare and file the petition, schedules of assets and
liabilities, statement of affairs, and other documents required by
the Court;
d. represent the Debtor at the Section 341 Creditors'
meeting;
e. give the Debtor legal advice with respect to its powers and
duties as Debtor and as Debtor-in Possession in the continued
operation of its business and management of its property, if
appropriate;
f. advise the Debtor with respect to its responsibilities in
complying with the United States Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
g. prepare, on the behalf of your Applicant, necessary
motions, pleadings, applications, answers, orders, complaints, and
other legal papers and appear at hearings thereon;
h. protect the interest of the Debtor in all matters pending
before the court;
i. represent the Debtor in negotiation with its creditors in
the preparation of the Chapter 11 Plan; and
j. perform all other legal services for Debtor as
Debtor-in-Possession which may be necessary herein, and it is
necessary for Debtor as Debtor-in-Possession to employ this
attorney for such professional services.
Ford & Semach's professionals will be paid at these hourly rates:
Buddy D. Ford, Attorney $450
Jonathan Semach, Attorney $400
Heather Reel, Attorney $350
Paralegal $150
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer in the amount of $33,000.
Buddy D. Ford, Esq., an attorney at Ford & Semach, disclosed in
court filings that their firms are "disinterested persons" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firms can be reached through:
Buddy D. Ford, Esq.
Jonathan A. Semach, Esq.
Heather M. Reel, Esq.
FORD & SEMACH, P.A.
9301 West Hillsborough Avenue
Tampa, FL 33615-3008
Telephone: (813) 877-4669
Email: Buddy@tampaesq.com
Jonathan@tampaesq.com
Heather@tampaesq.com
About High Sources Inc.
High Sources Inc. provides janitorial, facilities maintenance, and
construction services across multiple sectors, including healthcare
and retail. Based in Tampa, Florida, the Company operates field
offices in Arizona, Florida, and Texas. Founded in 2015, it is a
minority-owned business.
High Sources Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03583) on May 30,
2025. In its petition, the Debtor reports total assets of
$1,110,080 and total liabilities of $9,148,669.
Honorable Bankruptcy Judge Catherine Peek Mcewen handles the case.
The Debtors are represented by Buddy D. Ford, Esq. at FORD &
SEMACH, P.A.
HIGHLAND CAPITAL: SCOTUS Ends Stay in Ex-CEO Bankruptcy Dispute
---------------------------------------------------------------
Randi Love of Bloomberg Law reports that the U.S. Supreme Court has
lifted a recent pause granted to Highland Capital Management LP,
allowing the firm's former CEO to continue bankruptcy-related
litigation.
On Monday, June 9, 2025, Justice Samuel Alito vacated a May 29,
2025 order that had temporarily blocked the Fifth Circuit Court of
Appeals' mandate. That stay was issued pending further
consideration by the high court, according to Bloomberg Law.
By removing the pause, the Supreme Court rejected Highland's
request for a longer delay. The decision came shortly after
NexPoint Advisors LP urged the justices to allow the Fifth
Circuit's ruling to take effect, the report states.
About Highland Capital Management
Highland Capital Management, LP was founded by James Dondero and
Mark Okada in Dallas in 1993. Highland Capital is the world's
largest non-bank buyer of leveraged loans in 2007. It also manages
collateralized loan obligations. In March 2007, it raised $1
billion to buy distressed loans. Collateralized loan obligations
are created by bundling together loans and repackaging them into
new securities.
Highland Capital Management sought Chapter 11 protection (Bank. D.
Del. Case No. 19-12239) on Oct. 16, 2019. On Dec. 4, 2019, the case
was transferred to the U.S. Bankruptcy Court for the Northern
District of Texas and was assigned a new case number (Bank. N.D.
Tex. Case No. 19-34054). Judge Stacey G. Jernigan is the case
judge.
At the time of the filing, Highland had between $100 million and
$500 million in both assets and liabilities.
The Debtor tapped Pachulski Stang Ziehl & Jones LLP as bankruptcy
counsel, Foley & Lardner LLP as special Texas counsel, and Teneo
Capital, LLC as litigation advisor. Kurtzman Carson Consultants,
LLC, is the claims and noticing agent.
The U.S. Trustee for Region 6 appointed a committee of unsecured
creditors on Oct. 29, 2019. The committee tapped Sidley Austin LLP
and Young Conaway Stargatt & Taylor LLP as bankruptcy counsel, and
FTI Consulting, Inc. as financial advisor.
HOOTERS OF AMERICA: Junior Creditors Object to Reorganization Plan
------------------------------------------------------------------
James Nani og Bloomberg Law reports that the unsecured creditors of
Hooters of America LLC have challenged the company's proposed
bankruptcy plan, arguing it offers them no financial recovery and
denies them a vote.
In a June 6 filing in the U.S. Bankruptcy Court for the Northern
District of Texas, the creditors' committee asserted that the plan
leaves them no better off than a liquidation would.
The committee also criticized the plan for transferring all value
from Hooters’ unencumbered assets to pre-bankruptcy lenders and
granting litigation releases to certain lenders and insiders --
effectively sidelining junior creditors.
About Hooters of America
Hooters of America, LLC, owner and operator of a restaurant chain
with hundreds of locations in the United States, and its affiliates
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80078) on March
31, 2025.
Founded in 1983, the Debtors own and operate Hooters, a renowned
brand in the casual dining and sports entertainment industries.
Their global portfolio includes 151 company-owned and operated
locations and 154 franchised locations across 17 countries. Known
for their world-famous chicken wings, beverages, live sports, and
legendary hospitality, the Debtors also partner with a major food
products licensor to offer Hooters-branded frozen meals at 1,250
grocery store locations.
The case is before the Hon. Scott W Everett.
The Debtors Co-Bankruptcy Counsel are Holland N. O'Neil, Esq.,
Stephen A. Jones, Esq., and Zachary C. Zahn, Esq., at FOLEY &
LARDNER LLP, in Dallas, Texas.
The Debtors' General Bankruptcy Counsel are Ryan Preston Dahl,
Esq., at ROPES & GRAY LLP, in New York, and Chris L. Dickerson,
Esq., Rahmon J. Brown, Esq., and Michael K. Wheat, Esq., at ROPES &
GRAY LLP, in Chicago, Illinois. The Debtors' Investment Banker is
SOLIC CAPITAL, LLC. The Debtors' Financial Advisor is ACCORDION
PARTNERS, LLC.
The Debtors' Notice, Claims, Solicitation & Balloting Agent is
KROLL RESTRUCTURING ADMINISTRATION LLC.
HOPEMAN BROTHERS: Claimant Taps Reaves PLLC as Local Counsel
------------------------------------------------------------
Marla Rosoff Eskin, Esq., the court-appointed representative for
potential future of asbestos claimants of Hopeman Brothers, Inc.,
seeks approval from the U.S. Bankruptcy Court for the Eastern
District of Virginia to employ Reaves PLLC as her local counsel.
The firm's services include:
a. advising the claimants with respect to her powers and
duties in this chapter 11 case;
b. attending meetings and negotiating with representatives of
the Debtor, creditors and other parties in interest;
c. taking all necessary actions to protect, preserve and
maximize the Debtor's estate for the benefit of future claimants;
d. preparing pleadings in connection with this chapter 11
case, including motions, applications, answers, orders, reports,
and papers necessary or otherwise beneficial to the fulfillment of
the claimants' duties;
e. appearing before the Court and any appellate courts to
represent the claimants and the interests of future claimants; and
f. performing all other necessary legal services for the
claimants in connection with her duties in this chapter 11 case.
The firm will be paid at these rates:
Attorneys $325 to $525 per hour
Paraprofessionals $245 to $295 per hour
As disclosed in the court filings, Reaves Firm is a "disinterested
person" within the meaning of section 101(14) of the Bankruptcy
Code and does not hold or represent an interest adverse to the
Debtor or its estate.
The firm can be reached through:
Michael G. Wilson, Esq.
REAVES PLLC
555 Belaire Avenue, Suite 300
Chesapeake, VA 23320
Telephone: (804) 614-8301
Email: mike.wilson@reavesgovcon.com
About Hopeman Brothers, Inc.
During the 1980s, Hopeman Brothers, Inc. transitioned its business
away from ship joining and into manufacturing check-out counters
used in commercial retail stores such as Walmart. In 2002, Hopeman
spun off its cabinet-making business into Cinnabar Solutions, Inc.
In 2003, Hopeman sold substantially all of its remaining
shipbuilding-related assets to an unrelated party, US Joiner LLC,
pursuant to an asset purchase agreement, dated as of December 23,
2003. Since the asset sale in 2003, Hopeman has had no business
operations and exists solely to defend and, when appropriate,
settle asbestos-related claims.
Hopeman Brothers filed Chapter 11 petition (Bankr. E.D. Va. Case
No. 24-32428) on June 30, 2024, with $50 million to $100 million in
both assets and liabilities.
The Debtor tapped Hunton Andrews Kurth, LLP as bankruptcy counsel;
Blank Rome, LLP as special insurance counsel; Courington, Kiefer,
Sommers, Marullo & Matherne, LLC as special asbestos counsel; and
Stout Risius Ross, LLC as financial advisor. Kurtzman Carson
Consultants, LLC is the claims and noticing agent.
INVATECH PHARMA: Taps Spektrum Capital as Investment Banker
-----------------------------------------------------------
InvaTech Pharma Solutions, LLC seeks approval from the U.S.
Bankruptcy Court for the District of New Jersey to hire Spektrum
Capital Advisors LLC as investment banker.
The firm will render these services:
a. review the Debtor's business, markets, results of
operations, financial condition, and prospects;
b. prepare a presentation to solicit interest from potential
strategic acquirers and private equity investors.;
c. identify, contact, and screen suitable strategic acquirers
and private equity investors;
d. manage the marketing process by providing the first
response to the initial due diligence questions, coordinating
requests for additional information and scheduling meetings between
the Debtor and interested acquirers and investors;
e. solicit indications of interest and assist the Debtor in
evaluating and comparing offers to invest, recapitalize of acquire
the Debtor;
f. assist the Debtor in negotiating favorable terms on a
transaction; and
g. review the business terms of legal documents prepared in
connection with a transaction, assist in resolving differences that
often during the closing process and otherwise assist in closing a
sale if the Debtor.
The firm will receive compensation at these rates:
-- A monthly retainer of $5,000 for a period of four (4) months,
to be credited against any success fee;
-- A success fee equal to six percent of the total consideration
received; and
-- Reimbursement of reasonable and documented out-of-pocket
expenses, all subject to Court approval.
Venkat Radhakrishnan, a partner at Spektrum Capital Advisors LLC,
assured the court that the firm does not hold or represent any
interest adverse to the Debtor's estate, and is a "disinterested
person" as that term is defined in 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Venkat Radhakrishnan
Spektrum Capital Advisors LLC
5 Banko Farm Rd
Dayton, NJ, 08810-1628
Tel: (917) 717-5043
Email: venkat@spektrumcapital.com
About InvaTech Pharma Solutions LLC
InvaTech Pharma Solutions LLC, doing business as Inva Tech Pharma
Solutions LLC and Inva-Tech Pharma Solutions LLC, is a specialty
pharmaceutical company that develops, manufactures, and markets
generic prescription products. The Company's cGMP-compliant
facility supports ANDA scale manufacturing and packaging of
tablets, capsules, and liquid in bottles. With a dedicated team,
InvaTech is committed to meeting industry regulations, exceeding
deadlines, and delivering exceptional service to its partners.
InvaTech Pharma Solutions LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-11482) on February
13, 2025. In its petition, the Debtor reports estimated assets
between $1 billion and $10 billion and estimated liabilities
between $10 million and $50 million.
The Debtor is represented by Daniel M. Stolz, Esq. at GENOVA BURNS
LLC.
J&L LANDSCAPE: Hires Neeleman Law Group P.C. as Legal Counsel
-------------------------------------------------------------
J&L Landscape Services, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Washington to hire Neeleman Law
Group, P.C. as legal counsel.
The firm's services include:
a. assisting the Debtor in the investigation of the financial
affairs of the estate;
b. providing legal advice and assistance to the Debtor with
respect to matters relating to this case and creditor
distribution;
c. preparing all pleadings necessary for proceedings arising
under this case; and
d. performing all necessary legal services for the estate in
relation to this case.
The firm will charge its standard rates:
Principals $600 per hour
Associate $475 per hour
Paralegals $250 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Neeleman Law Group received a retainer in the amount of $7,500.
Jennifer Neeleman, Esq., a partner at Neeleman Law Group, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jennifer L. Neeleman, Esq.
Neeleman Law Group, PC
1403 8th Street
Marysville, WA 98270
Telephone: (425) 212-4800
Email: jennifer@neelemanlaw.com
About J&L Landscape Services
J&L Landscape Services, LLC is a Marysville, Washington-based
landscaping that provides professional landscaping services
including design, installation, and maintenance, with operations
spanning residential and commercial properties in Snohomish
County.
J&L Landscape Services sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No.
25-11215) on May 2, 2025. In its petition, the Debtor reported
between $100,000 and $500,000 in assets and between $500,000 and $1
million in liabilities.
Judge Timothy W. Dore oversees the case.
The Debtor is represented by Thomas D. Neeleman, Esq., at Neeleman
Law Group, P.C.
J. PAUL HOLDINGS: Taps Bankruptcy Center of Louisiana as Attorney
-----------------------------------------------------------------
J. Paul Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Louisiana to hire Bankruptcy Center of
Louisiana as bankruptcy attorneys.
The firm's services include:
a. advising the Debtor of its rights, duties and powers;
b. advising the Debtor regarding matters of bankruptcy law;
c. assisting the Debtor in the preparation and filing of all
necessary bankruptcy schedules, statements of financial affairs and
legal documents;
d. representing the Debtor at all meetings, hearings, or other
events that come before the court or that occur in the Debtor's
case;
e. representing the Debtor in any matter involving contests
with secured or unsecured creditors, including the claims
reconciliation process;
f. consulting with the Debtor concerning the administration of
its case;
g. advising the Debtor concerning the formulation,
preparation, filing and confirmation of its Chapter 11 plan, and
the solicitation of acceptances, or responding to objections to
such plan;
h. advising the Debtor concerning, and assisting in the
negotiation and documentation of, financing agreements, debt
restructuring, cash collateral arrangements, and related
transactions;
i. advising the Debtor concerning any possible sale of its
assets;
j. reviewing the nature and validity of liens asserted against
the property of the Debtor and advising the Debtor concerning the
enforceability of such liens;
k. providing advice concerning any further investigation of
the assets, liabilities, and financial condition of the Debtor that
may be required under local, state or federal law;
l. prosecuting or defending litigation matters and such other
matters that might arise during the Debtor's bankruptcy;
m. providing counseling and representation with respect to the
assumption or rejection of executory contracts and leases, sales of
assets, and other bankruptcy-related matters;
n. representing the Debtor in all matters related to its labor
contracts and negotiations with unions, if needed;
o. pursuing avoidable transfers and transactions of the
Debtor, including, but not limited to, transfers and transactions
arising under Sections 547 to 549 of the Bankruptcy Code; and
p. performing other necessary legal services.
The hourly rates charged by the firm for its services are as
follows:
Derek Terrell Russ, Member $250 per hour
Rachelle Ganier, Paralegal $45 per hour
The firm received a retainer in the amount of $2,000, plus $1,738
filing fee.
As disclosed in court filings, Bankruptcy Center of Louisiana is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Derek Terrell Russ, Esq.
Bankruptcy Center of Louisiana
700 Camp Street
New Orleans, LA 70113
Telephone: (504) 522-1717
Facsimile: (504) 522-1715
Email: derekruss@russlawfirm.net
About J. Paul Holdings LLC
J. Paul Holdings LLC sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. E.D. La. Case No. 24-11873) on Sep.
26, 2024, listing $100,001 to $500,000 in both assets and
liabilities.
Judge Meredith S Grabill presides over the case.
Derek Terrell Russ, Esq. at Russ Law Firm, LLC represents the
Debtor as counsel.
JEFFERSON LA BREA: Court Affirms Sale of Real Property
------------------------------------------------------
Judge Dale S. Fischer of the United States District Court for the
Central District of California affirmed the order of the United
States Bankruptcy Court for the Central District of California
authorizing the sale of certain real property of Jefferson La Brea
D&J Properties LLC's bankruptcy estate pursuant to 11 U.S.C. Sec.
363.
Jefferson La Brea D&J Properties, LLC is the owner of several
adjoining parcels located near the intersection of West Jefferson
Blvd. and South La Brea Avenue in Los Angeles. These parcels and
their associated rental income are effectively the sole property of
the estate. Debtor is an LLC with at least one member, Jason
Upchurch as Administrator of the Estate of Darlene
Upchurch-Friedman. It is undisputed that Appellant Tony Lewis was
at one point a member of the Debtor LLC. It is also undisputed that
in 2014 Lewis and Darlene Upchurch-Friedman executed an agreement
in which Lewis purported to sell his interest in the LLC to
Upchurch-Friedman. Lewis now claims that this 2014 purchase
agreement was either always knowingly a sham between Lewis and
Upchurch-Friedman or, alternatively, was rescinded in 2015.
In 2021, Lewis filed a complaint against the Debtor and Jason
Upchurch in California state court seeking, among other things, a
declaration that he is a member of the Debtor LLC. The case remains
pending.
In August 2022, Mega Bank began foreclosure proceedings to
protect its first priority lien on the Property. An attempt at
refinancing the Mega Bank loan failed, allegedly due to Lewis's
lack of cooperation. In response to the failure to refinance,
Upchurch filed a Chapter 11 bankruptcy petition on behalf of the
Debtor.
During the pendency of the bankruptcy case, Lewis has occupied
parts of the Property, invited others to occupy the Property, and
allegedly obstructed attempts to sell the Property. The bankruptcy
court has found Lewis in contempt of its orders three times and
recommended criminal contempt sanctions against Lewis.
Eventually a buyer was found for the Property and the bankruptcy
court approved the sale over the objection of Lewis. This appeal
followed.
Most of Lewis's objections have to do with the ownership and
control of the LLC. Lewis argues that the sale should not have been
approved because such a decision by the Debtor -- who is a
debtor-in-possession -- must be approved by Lewis under the LLC
Operating Agreement. On similar grounds, Lewis claims that the
filing of the bankruptcy petition was improper because Upchurch, as
a single member of the LLC, did not have the authority to file the
petition unilaterally without Lewis's consent.
Given that the bankruptcy court had previously treated Upchurch as
the sole authority for the Debtor throughout the pendency of the
bankruptcy proceedings, Lewis provides no justification for denying
the motion for sale of property because Lewis alleged that he has a
membership interest in the Debtor, the Court finds. The question of
who has the proper authority over the decisions of the Debtor is a
separate issue from a sale of property under 11 U.S.C. Sec. 363.
Lewis also argues that the Property was subject to an ownership
dispute and should not have been ordered to be sold. According to
the Court, this is not an accurate characterization of the
Property's status. The dispute is over the ownership of the LLC,
not ownership of the Property. Any net proceeds from sale of the
Property will remain property of the Debtor in which Lewis may or
may not have an interest.
Lewis contends that the sale was not in good faith, but he provides
no basis for this argument other than that the sale is for less
than half of the Property's valuation in the Debtor's earlier
filings. Whatever the Debtor's original claims about the Property's
value might have been, there is nothing in the record that leads
the Court to question the bankruptcy court's finding that the sale
was in good faith.
Lewis asserts that because the Property constitutes all or
substantially all of the assets of the Debtor, sale of the Property
amounts to a "de facto" or "sub rosa" Chapter 11 reorganization
plan. This is not the case because such a reorganization plan would
include provisions for the distribution of the remaining assets of
the Debtor, which the sale at issue does not, and does not purport,
to do, the Court concludes.
A copy of the Court's decision dated May 23, 2025, is available at
https://urlcurt.com/u?l=eSsuGw from PacerMonitor.com.
About Jefferson La Brea D&J Properties LLC
Jefferson La Brea D&J Properties LLC leases a commercial property
located at 5112-5118 W. Jefferson Blvd., and 3409-3421 S. La Brea
Avenue, in Los Angeles.
Jefferson La Brea D&J Properties LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No.
22-14481) on August 17, 2022. The Debtor considers itself a Single
Asset Real Estate (as defined in 11 U.S.C. Sec. 101(51B)).
In the petition filed by Jason E. Upchurch, as manager, the Debtor
estimated assets between $10 million and $50 million and estimated
liabilities between $1 million and $10 million.
Judge Vincent P. Zurzolo oversees the case.
The Debtor is represented by David B. Shemano, Esq., at ShemanoLaw.
JILL'S OFFICE: Seeks to Hire Parsons Behle as Immigration Counsel
-----------------------------------------------------------------
Jill's Office, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Utah to employ Parsons Behle & Latimer as
special immigration counsel.
Prepetition, the Debtor had retained Parsons Behle in regards to
obtaining a work visa for an employee from outside the United
States who had come to the United States on a student visa, and
gained the requisite education to be eligible to seek a work visa,
given his expertise.
The firm will receive a flat fee of $3,500.
If hourly work is required to respond to any Request for Evidence
issued by the USCIS, PB&L is prepared to undertake such further
work at its regular hourly rates for immigration attorneys --
currently $495/hr. for Jacob T. Muklewicz.
Parsons Behle & Latimer does not hold any interest adverse to the
estate with respect to the immigration issues on which it is to be
employed, according to court filings.
The firm can be reached through:
Jacob T. Muklewicz, Esq.
Parsons Behle & Latimer, a Professional Corporation
201 S. Main St., Suite 1800
Salt Lake City, UT 84111
Email: jmuklewicz@parsonsbehle.com
Direct: (801) 536-6896
Office: (801) 532-1234
About Jill's Office, LLC
Jill's Office LLC provides professional, US-based 24/7 virtual
receptionist and scheduling services designed to support businesses
across various industries. The Company offers a range of services,
including inbound call answering, appointment scheduling, live chat
support for websites, and automated lead follow-ups Lead Zap).
Jill's Office specializes in delivering tailored, seamless
communication solutions that enhance customer engagement while
eliminating the need for businesses to hire in-house staff. The
Company serves industries such as home services, real estate,
health and wellness, finance, legal, and small businesses. Its
mission is to ensure that businesses never miss calls or
opportunities, offering reliable customer service around the
clock.
Jill's Office LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Utah Case No. 25-21625) on March 27,
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 Peggy Hunt handles the case.
The Debtor is represented by T. Edward Cundick, Esq. at WORKMAN
NYDEGGER.
JUNK IT PLUS: Gets Final OK to Use Cash Collateral
--------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division, granted Junk It Plus, LLC's motion to use cash
collateral on a final basis.
The court had previously approved use of cash collateral through
several interim orders, which are now deemed final.
About Junk It Plus
Junk It Plus, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-05466) on October 8,
2024, with $100,001 to $500,000 in assets and $1 million to $10
million in liabilities. Jerrett McConnell, Esq., at McConnell Law
Group, P.A. serves as Subchapter V trustee.
Judge Grace E. Robson presides over the case.
The Debtor is represented by:
Jeffrey Ainsworth, Esq.
Bransonlaw, PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: 407-894-6834
Email: jeff@bransonlaw.com
KEEP IT GYPSY: Donald Brady Named Subchapter V Trustee
------------------------------------------------------
The Acting U.S. Trustee for Region 13 appointed Donald Brady, Jr.,
Esq., at Brady Law Firm as Subchapter V trustee for Keep it Gypsy,
Inc.
Mr. Brady will be paid an hourly fee of $360 for his services as
Subchapter V trustee and $60 per hour for actual travel time. In
addition, the Subchapter V trustee will receive reimbursement for
work-related expenses incurred.
Mr. Brady declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Donald A. Brady, Jr.
Brady Law Firm
P.O. Box 8816
Springdale, AR 72766
479-935-2632
don@bradylaw-nwa.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 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 reported estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Judge Bianca M. Rucker handles the case.
The Debtor is represented by Stanley V. Bond, Esq., at Bomd Law
Office.
KELLEY CORPORATION: To Sell Conveyor Machine to Burnin' Bush
------------------------------------------------------------
Kelley Corporation seeks permission from the U.S. Bankruptcy Court
for the Western District of Texas, Austin Division, to sell
Property, free and clear of liens, claims, and encumbrances.
The Debtor owns the following equipment:
-- Two 2022 Edge TS8040 Track-Mounted Stacking Conveyors (serial
numbers: 22TS80401528 and 22TS80401621)
-- The Equipment is no longer needed by the Debtor in its
operations
The Property and its proceeds are burdened by a valid, properly
perfected first liens in favor of Equify Financial, LLC, with an
outstanding balance of approximately $438,785.11. Other equipment
owned by the Debtor is also burdened by first liens held by
Equify.
The Debtor scheduled the Equipment as having a value of $65,000.00
each, based on the Debtor's good faith estimate.
The Debtor wants to sell the Equipment of $180,000.00 cash to
Burnin' Bush LLC of San Antonio, Texas.
Burnin' Bus has already tendered the full purchase price to the
Debtor in the form of cash and cashier's checks payable to Equify.
The Debtor took the $9,000.00 in cash tendered by the Buyer and
obtained a cashier's check for $9,000.00 payable to Equify.
The liens will follow the proceeds of the sale. The Debtor proposes
to tender the entire sales proceeds to Equify to reduce its total
indebtedness to Equify. The Debtor and Equify have agreed upon an
amount of adequate protection as well as plan treatment for the
balance of Equify's claim. Equify consents to the sale as proposed.
The Debtor requests that the sale proceeds be distributed at
closing to Equify.
About Kelley Corporation
Kelley Corporation based in Austin, Texas, specializes in
excavation services, material sales, and haul-off site operations.
The Company provides a range of construction materials, including
topsoil, loam, and aggregates, catering to both large construction
projects and residential improvements. The also operates a haul-off
site in South Austin, accepting clean fill materials such as dirt,
rock, and concrete without exposed rebar.
Kelley Corporation sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-10474) on April 1,
2025. In its petition, the Debtor reports total assets as of
February 28, 2025 amounting to $1,432,361 and total liabilities as
of February 28, 2025 of $284,239.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Frank B Lyon, Esq.
KIDDE-FENWAL INC: Updates Liquidating Plan Disclosures
------------------------------------------------------
KFI Wind-Down Corp. f/k/a Kidde-Fenwal, Inc., submitted a Fourth
Amended Plan of Liquidation dated June 1, 2025.
All Claims and Interests except for Administrative Claims and
Priority Tax Claims are classified in the Classes set forth in this
Article 4. A Claim or Interest is classified in a particular Class
only to the extent that the Claim or Interest qualifies within the
description of that Class and is classified in other Classes to the
extent that any portion of the Claim or Interest qualifies within
the description of such other Classes.
The Amended Liquidating Plan does not alter the proposed treatment
for unsecured creditors and the equity holder:
* Class 4 consists of all General Unsecured Claims. In full
and final satisfaction, settlement, release and discharge of an
Allowed General Unsecured Claim, each Holder of a General Unsecured
Claim shall be entitled to receive its Pro Rata share of the GUC
Liquidating Trust Allocation with all other Allowed Class 4 Claims.
The sole recourse of any Holder of a General Unsecured Claim on
account of its General Unsecured Claim shall be to the GUC
Liquidating Trust. Claims in Class 4 are Impaired.
* Class 6 consists of all Interests. No Holder of an Interest
shall receive any Distributions on account of its Interest. On and
after the Effective Date, all Interests in the Debtor shall be
canceled and shall be of no further force and effect, whether
surrendered for cancelation or otherwise.
On the Effective Date, the Primary AFFF Settlement Trust shall be
funded with the Settlement Trust Assets. From and after the
Effective Date, the Primary AFFF Settlement Trust shall (i) in its
capacity as disbursing agent, transfer the GUC Liquidating Trust
Assets to the GUC Liquidating Trust, provided that, any residual
value in the GUC Liquidating Trust Assets after satisfaction of all
General Unsecured Claims in accordance with the Plan and Settlement
Trust Documents shall be re-allocated to the AFFF Settlement Trust
Assets and be subject to the terms of the Primary AFFF Settlement
Trust Agreement; and (ii) make Distributions to the Sovereign State
AFFF Settlement Trust to the extent and in accordance with the
terms set forth in the Settlement Trust Documents.
Allocation of AFFF Settlement Trust Assets. The Primary AFFF
Settlement Trust shall allocate the AFFF Settlement Trust Assets,
and any residual value re-allocated to the AFFF Settlement Trust
Assets from the GUC Liquidating Trust Assets.
Appointment of Settlement Trustees. The Primary AFFF Settlement
Trust shall be governed by the Primary AFFF Settlement Trustee. The
powers and duties of the Primary AFFF Settlement Trustee shall
include, but shall not be limited to, those powers, duties and
responsibilities vested in the Primary AFFF Settlement Trustee
pursuant to the terms of the Primary AFFF Settlement Trust
Agreement, and shall include the authority to: (a) dispose of
Settlement Trust Assets; (b) make Distributions to the Sovereign
State AFFF Settlement Trust in accordance with and pursuant to the
Settlement Trust Documents; (c) cause the transfer, in the Primary
AFFF Settlement Trust's capacity as disbursing agent, of the GUC
Liquidating Trust Assets to the GUC Liquidating Trust; (d) carry
out the provisions of the Plan relating to the Primary AFFF
Settlement Trust, including commencing, prosecuting, and settling
all Settlement Trust Retained Causes of Action and Insurance
Actions; and (e) perform all actions and execute all agreements,
instruments and other documents necessary to effectuate the purpose
of the Primary AFFF Settlement Trust.
A full-text copy of the Fourth Amended Liquidating Plan dated June
2, 2025 is available at https://urlcurt.com/u?l=d6fjPq from
Stretto, Inc., claims agent.
Counsel to the Debtor:
Andrew G. Dietderich, Esq.
Brian D. Glueckstein, Esq.
Justin J. DeCamp, Esq.
Benjamin S. Beller, Esq.
Julie G. Kapoor, Esq.
Sullivan & Cromwell, LLP
125 Broad Street
New York, NY 10004
Tel: (212) 558-4000
Fax: (212) 558-3588
E-mail: dietdericha@sullcrom.com
gluecksteinb@sullcrom.com
decampj@sullcrom.com
bellerb@sullcrom.com
kapoorj@sullcrom.com
- and -
Derek C. Abbott, Esq.
Andrew R. Remming, Esq.
Daniel B. Butz, Esq.
Tamara K. Mann, Esq.
Scott D. Jones, Esq.
Morris, Nichols, Arsht & Tunnell, LLP
1201 Market Street, 16th Floor
Wilmington, DE 19801
Telephone: (302) 658-9200
Facsimile: (302) 658-3989
Email: dabbott@morrisnichols.com
aremming@morrisnichols.com
dbutz@morrisnichols.com
tmann@morrisnichols.com
sjones@morrisnichols.com
About Kidde-Fenwal Inc.
Kidde-Fenwal Inc. -- https://www.kidde-fenwal.com/ -- manufactures
fire protection systems. It offers products such as fire control
systems, explosion aircraft protection, laser-based smoke detection
devices, electronic gas ignitions, and fire suppressions.
Kidde-Fenwal markets its products to mining, manufacturing,
education, and commercial sectors.
Kidde-Fenwal sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 23-10638) on May 14, 2023. In the
petition filed by its chief transformation officer, James
Mesterharm, the Debtor reported assets between $100 million and
$500 million and estimated liabilities between$1 billion and $10
billion.
The Debtor tapped Sullivan & Cromwell, LLP and Morris Nichols Arsht
& Tunnell, LLP as legal counsels; and Guggenheim Securities, LLC as
investment banker. Stretto, Inc. is the claims and noticing agent
and administrative advisor.
KIDZ TYME: Linda Leali Named Subchapter V Trustee
-------------------------------------------------
The U.S. Trustee for Region 21 appointed Linda Leali, Esq., as
Subchapter V trustee for Kidz Tyme Foundation Incorporated.
Ms. Leali will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Leali declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Linda M. Leali
Linda M. Leali, P.A.
2525 Ponce De Leon Blvd., Suite 300
Coral Gables, FL 33134
Telephone: (305) 341-0671, ext. 1
Facsimile: (786) 294-6671
Email: leali@lealilaw.com
About Kidz Tyme Foundation Incorporated
Kidz Tyme Foundation Incorporated operates as a lessor of
residential properties in Miami, Florida. The organization manages
and leases residential buildings, providing housing solutions
within the local community.
Kidz Tyme Foundation Incorporated sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case
No. 25-15578) on May 5, 2025. In its petition, the Debtor reported
estimated assets between $1 million and $10 million and estimated
liabilities between $500,000 and $1 million.
Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Christopher Hixson, Esq., at Hixson
Law Group.
KLE EQUIPMENT: Seeks to Hire Abacus Group LLC as Accountant
-----------------------------------------------------------
KLE Equipment Leasing, LLC and affiliates seek approval from the
U.S. Bankruptcy Court for the Eastern District of Wisconsin to hire
Abacus Group, LLC as their accountants.
The firm will assist in preparing the monthly operating reports,
tax returns, and other accounting work the Debtor requires during
the bankruptcy proceedings.
Abacus is a "disinterested person" within the meaning of Sec.
101(14) of the Code and does not hold an interest adverse to the
Debtor's estate as required by Sec. 327(a) of the Code, according
to court filings.
The firm can be reached through:
William Hutchinson, CPA
Abacus Group, LLC
655 3rd Avenue
New York, NY 10017
About KLE Equipment Leasing
KLE Equipment Leasing, LLC is a Wisconsin-based equipment leasing
company headquartered in Neenah.
KLE Equipment Leasing sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Wis. Case No. 25-22922) on May 21,
2025. In its petition, the Debtor reported between $10 million and
$50 million in both assets and liabilities.
Judge G. Michael Halfenger handles the case.
The Debtor is represented by Nicholas Kerkman, Esq. and Jerome R.
Kerkman, Esq., at Kerkman & Dunn.
KLE EQUIPMENT: Seeks to Hire Kerkman & Dunn as General Counsel
--------------------------------------------------------------
KLE Equipment Leasing, LLC and affiliates seek approval from the
U.S. Bankruptcy Court for the Eastern District of Wisconsin to hire
Kerkman & Dunn as their general counsel.
The firm will render these services:
(a) advise and assist the Debtor with respect to its duties
and powers under the Bankruptcy Code;
(b) advise the Debtor on the conduct of its Chapter 11 case,
including the legal and administrative requirements of operating in
Chapter 11;
(c) attend meetings and negotiate with representatives of the
creditors and other parties in interest;
(d) prosecute actions on the behalf of the Debtor, defend
actions commenced against the Debtor, and represent the Debtor's
interests in negotiations concerning litigation in which the Debtor
is involved, including objections to claims filed against the
Debtor's estates;
(e) prepare pleadings in connection with the Debtor's Chapter
11 case including motions, applications, answers, orders, reports,
and papers necessary or otherwise beneficial to the administration
of the Debtor's estates;
(f) advise the Debtor in connection with any potential sales
of assets;
(g) appear before the Court to represent the interests of the
Debtor's estate;
(h) assist the Debtor in preparing, negotiating and
implementing a plan, and advising with respect to any rejection of
a plan and reformulation of a plan, if necessary;
(i) assist and advise the Debtor in state court actions
related to judgments and collection actions initiated by or against
the Debtor that are necessary for an effective reorganization; and
(j) perform all other necessary or appropriate legal services
for the Debtor in connection with the prosecution of their Chapter
11 cases, including (i) analyzing the Debtor's leases and
contracts, and the assumption and assignment or rejection of them,
(ii) analyzing the validity of liens against the Debtor, and (iii)
advising the Debtor on transactional and litigation matters.
The firm will be paid at these rates:
Jerome R. Kerkman $595 per hour
Evan P. Schmit $495 per hour
Nicholas W. Kerkman $315 per hour
Anjanette G. Seymour $250 per hour
Non-Attorney Paraprofessionals $125 per hour
As disclosed in the court filings, K&D is a "disinterested person"
within the meaning of§ 101(14) of the Bankruptcy Code and as
required by § 327(a), and does not hold or represent an interest
adverse to the Debtor's estate.
The firm can be reached through:
Jerome R. Kerkman, Esq.
Kerkman & Dunn
839 N. Jefferson St., Suite 400
Milwaukee, WI 53202-3722
Tel: (414) 277-8200
Fax: (414) 277-0100
Email: jkerkman@kerkmandunn.com
About KLE Equipment Leasing
KLE Equipment Leasing, LLC is a Wisconsin-based equipment leasing
company headquartered in Neenah.
KLE Equipment Leasing sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Wis. Case No. 25-22922) on May 21,
2025. In its petition, the Debtor reported between $10 million and
$50 million in both assets and liabilities.
Judge G. Michael Halfenger handles the case.
The Debtor is represented by Nicholas Kerkman, Esq. and Jerome R.
Kerkman, Esq., at Kerkman & Dunn.
LAVISSANI LLC: Hires McDonald Carano LLP as Bankruptcy Counsel
--------------------------------------------------------------
Lavissani, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Nevada to employ McDonald
Carano LLP as counsel.
The firm will render these services:
a. provide legal advice and assistance to the Debtors relative
to administration of the Chapter 11 Cases;
b. represent the Debtors at hearings held before the Court and
communication with the Debtors regarding the issues raised, as well
as the decisions of the Court;
c. assist and advise the Debtors in examining and analyzing
the conduct of the Debtors' affairs and the reasons for the Chapter
11 Cases;
d. review and analyze all applications, motions, orders,
statements of operations and schedules filed with the Court by the
Debtors or third parties, advise the Debtors as to their propriety,
and, after consultation with the Debtors, take appropriate action;
e. assist the Debtors in preparing applications, motions and
orders in support of positions taken by the Debtors, as well as
prepare witnesses and review documents in this regard;
f. apprise the Court of the Debtors' analysis of its various
assets, liabilities and interests;
g. confer with the financial advisors and any other
professionals retained by the Debtor, if any are selected and
approved, so as to advise the Debtors and the Court more fully of
the Debtors' circumstances;
h. assist the Debtors in negotiations with other
parties-in-interest and creditors concerning the terms of any
proposed plan of reorganization;
i. assist the Debtors with such other services as may
contribute to the confirmation of a plan of reorganization;
j. advise and assist the Debtors in evaluating and prosecuting
any claims that the Debtors may have against third parties,
objecting to claims and evaluating the rights and interests of the
Debtors;
k. assist the Debtors in the sale of assets, if applicable,
for the highest and best price; and
l. assist the Debtors in performing such other services as may
be required or necessary, in the interest of creditors, including,
but not limited to, the commencement of, and participation in,
appropriate litigation respecting the estate.
The firm will be paid at these rates:
Ryan J. Works, Partner $700 per hour
Amanda M. Perach, Partner $600 per hour
Jimmy F. Dahu, Of Counsel $550 per hour
Brian Grubb, Paralegal $300 per hour
The firm received a retainer in the amount of $57,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ryan J. Works, a partner at McDonald Carano 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:
Ryan J. Works, Esq.
Amanda M. Perach, Esq.
McDonald CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Email: rworks@mcdonaldcarano.com
aperach@mcdonaldcarano.com
About Lavissani, LLC
Lavissani LLC is a limited liability company.
Lavissani LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Nev. Case No. 25-10964) on February 24, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge August B. Landis handles the case.
The Debtor is represented by Matthew C. Zirzow, Esq., at LARSON &
ZIRZOW, LLC.
LEMONS & OLIVES: Seeks to Tap Davidoff Hutcher & Citron as Counsel
------------------------------------------------------------------
Lemons & Olives Inc. seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to hire Davidoff Hutcher &
Citron LLP as counsel.
The firm will render these services:
a. give advice to the Debtors with respect to their powers and
duties as Debtors-in-Possession and the continued management of
their property and affairs;
b. negotiate with creditors of the Debtors and work out a plan
of reorganization and take the necessary legal steps in order to
effectuate such a plan including, if need be, negotiations with the
creditors and other parties in interest;
c. prepare the necessary answers, orders, reports and other
legal papers required for debtors who seek protection from its
creditors under Chapter 11 of the Bankruptcy Code;
d. appear before the Bankruptcy Court to protect the interests
of the Debtors and to represent the Debtors in all matters pending
before the Court;
e. attend meetings and negotiate with representatives of
creditors and other parties in interest;
f. advise the Debtors in connection with any potential
refinancing of secured debt and any potential sale of the business
and/or the Property;
g. represent the Debtor in connection with obtaining
post-petition financing, if necessary;
h. take any necessary action to obtain approval of a
disclosure statement and confirmation of a plan of reorganization;
and
i. perform all other legal services for the Debtors which may
be necessary for the preservation of the Debtors' estates and to
promote the best interests of the Debtors, their creditors, and the
estates.
The firm will be paid at these rates:
Attorneys $450 to $850 per hour
Legal Assistants/ Paralegals $295 per hour
In addition, the firm will seek reimbursement to expenses
incurred.
The firm received a retainer of $25,000 from Tanja Mannheim, the
Debtor's CEO and 51% shareholder.
Mr. Pasternak 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:
Jonathan S. Pasternak, Esq.
Davidoff Hutcher & Citron LLP
120 Bloomingdale Road, Suite 100
White Plains, NY 10605
Telephone: (914) 381-7400
About Lemons & Olives Inc.
Lemons & Olives Inc. is a catering company based in Brooklyn, New
York, offering farm-to-table cuisine and event catering services.
The Company also provides mobile kitchen services, including food
trucks and a mobile pizza oven. It is a certified Women-Owned
Business Enterprise and has partnered with community organizations
to support local initiatives.
Lemons & Olives Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42197) on
May 6, 2025. In its petition, the Debtor reports total assets of
$370,102 and total liabilities of $2,597,729.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtors are represented by Jonathan S. Pasternak, Esq. at
DAVIDOFF HUTCHER & CITRON LLP.
LIGADO NETWORKS: Should Decide on Ch.11 Satellite Deal, Says Boeing
-------------------------------------------------------------------
Jeff Montgomery of Law360 Bankruptcy Authority reports that citing
major unresolved issues in Ligado Networks LLC's Chapter 11
proposal, Boeing Satellite Systems has urged a Delaware bankruptcy
judge to compel Ligado to decide whether it will assume or reject a
key contract and to escrow at least $37.8 million to cure
outstanding defaults prior to plan confirmation.
About Ligado Networks
Ligado Networks, formerly LightSquared, provides mobile satellite
services. The Debtor's satellite and terrestrial solutions,
combined with powerful, lower mid-band spectrum, serve to
supplement and broaden mobile coverage across the United States and
Canada. On the Web: http://www.ligado.com/
On January 5, 2025, Ligado Networks LLC and certain of its
affiliates each filed a voluntary petition for relief under Chapter
11 of the United States Bankruptcy Code (Bankr. D. Del. Lead Case
No. 25-10006).
Perella Weinberg Partners LP is serving as investment banker to
Ligado, FTI Consulting, Inc. is serving as financial advisor,
Milbank LLP is serving as legal counsel, and Richards, Layton &
Finger P.A. is serving as co-counsel. Omni Agent Solutions LLC is
the claims agent.
An ad hoc group of first lien creditors is being advised by
Guggenheim Securities, LLC as financial advisor, and by Sidley
Austin LLP as counsel. An ad hoc group of crossholding creditors is
being advised by Kirkland & Ellis LLP.
LILY616 LLC: Taps William G. Haeberle CPA LLC as Accountant
-----------------------------------------------------------
Lily616, LLC seeks approval from the U.S. Bankruptcy Court for the
Middle District of Florida to hire William G. Haeberle, CPA, LLC as
accountant.
The firm will assist in the preparation of the Debtor's Monthly
Operating Reports.
William G. Haeberle, CPA, LLC will be paid $300 for Monthly
Operating Reports per month going forward.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
William G. Haeberle, CPA, 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 G. Haeberle, CPA
William G. Haeberle, CPA, LLC
4446-1A Hendricks Ave. #245
Jacksonville, FL 32207
Tel: (904) 536-9810
About Lily616, LLC
Lily616, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01176) on April 14,
2025, listing up to $50,000 in assets and between $100,001 and
$500,000 in liabilities.
Judge Jason A Burgess oversees the case.
The Debtor is represented by:
Bryan K. Mickler, Esq.
Mickler & Mickler
Tel: (904) 725-0822
Email: court@planlaw.com
MAGIC CAR: Case Summary & Four Unsecured Creditors
--------------------------------------------------
Debtor: Magic Car Rental Inc.
18227 Parthenia Street
Northridge, CA 91325
Business Description: Magic Car Rental Inc. offers vehicle rental
services.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-11013
Judge: Hon. Victoria S Kaufman
Debtor's Counsel: Onyinye N Anyama, Esq.
ANYAMA LAW FIRM, APC
18000 Studebaker Road, Suite 325
Cerritos, CA 90703
Tel: 562-645-4500
Fax: 562-645-4494
E-mail: onyi@anyamalaw.com
Total Assets: $5,872,742
Total Liabilities: $5,453,356
The petition was signed by Simon Simonyan as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NPHOJDA/Magic_Car_Rental_Inc__cacbke-25-11013__0001.0.pdf?mcid=tGE4TAMA
MAI CAPITAL: OHA Senior Marks $1.6 Million 1L Loan at 61% Off
-------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,625,000 loan
extended to MAI Capital Management Intermediate, LLC to market at
$635,000 or 39% of the outstanding amount, according to OHA
Senior's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to MAI
Capital Management Intermediate, LLC. The loan accrues interest at
a rate of 9.79% per annum. The loan matures on August 29, 2031.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About MAI Capital Management Intermediate, LLC
MAI Capital Management Intermediate, LLC provides financial and
estate planning, investment management, tax planning and
preparation, insurance and risk management, accounting and bill
pay, and philanthropy advice as well as boutique services like
family office or specialized solutions to people in the sports and
entertainment industries.
MAI CAPITAL: OHA Senior Marks $610,000 1L Loan at 61% Off
---------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $610,000 loan
extended to MAI Capital Management Intermediate, LLC to market at
$144,000 or 39% of the outstanding amount, according to OHA
Senior's Form 10-Q for the fiscal year ended March 31, 2025, filed
with the U.S. Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to MAI
Capital Management Intermediate, LLC. The loan accrues interest at
a rate of 9.04% per annum. The loan matures on August 29, 2031.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About MAI Capital Management Intermediate, LLC
MAI Capital Management Intermediate, LLC provides financial and
estate planning, investment management, tax planning and
preparation, insurance and risk management, accounting and bill
pay, and philanthropy advice as well as boutique services like
family office or specialized solutions to people in the sports and
entertainment industries.
MAJESTIC OAK: Court OKs Promissory Note Sale to One Boerne Tract
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division, has approved Majestic Oak Estates Ltd. to sell
Promissory Note, free and clear of liens, interest, and
encumbrances.
The Debtor has filed an amended motion and was granted by the Court
to sell its Real Property located at 4795 Highway 46, Mims, Brevard
County, Florida to Teresi Auto Sales, LLC for a total purchase
price of $270,000.00.
The Motion discloses that, as part of the sale, the Debtor agreed
to hold a promissory note in the amount of $120,000.00 secured by a
first priority mortgage against the Property.
The Note is payable over two years, in monthly payments of $886.79
beginning on April 26, 2025, and continuing on the same day each
month until February 26, 2028, at which time the remaining
principal balance of $115553.66 will be due and payable.
On March 21, 2025, the Debtor filed the Debtor’s Plan of
Liquidation, which also discloses the Debtor's intention to file
motion requesting authority to sell the Note so that the Note can
be liquidated, and the holders of Allowed Unsecured Claims can
receive their distributions earlier.
The Debtor proposes to sell the Note to One Boerne Tract, Ltd., a
Texas Limited Partnership for $80,000.00, asserting that that the
sale of the Note is in the best interests of both its creditors and
estate.
The Court has authorized the Debtor to sell the promissory note
described to One Boerne for $80,000.00, provided that if any
interested party desires to pay a higher amount, then the Debtor
will consider such offers if:
Such bids must be in writing, exceed $80,000.00 and be accompanied
by a deposit of the entire bid amount. The deposit must be made by
wire transfer. The bid and deposit must be submitted to the
attorney for the Debtor at the following address:
Kenneth D. Herron, Jr.
Herron Hill Law Group, PLLC
P. O. Box 2127
Orlando, FL 32802
407.648.0058
Email: chip@herronhilllaw.com
Any competitive bid and the corresponding deposit must be received
by the Debtor's attorney no later 5 p.m. EST 14 days after the
service of this Order. If no competitive bids are received, then
the Debtor will complete the sale of the Notie One Boerne Tract,
Ltd.
If any competitive bids and deposits are received, then the
Debor’s attorney will conduct an online auction via Zoom among
the qualified bidders on the earliest date the attorney for the
Debtor can arrange such an auction.
About Majestic Oak Estates Ltd.
Majestic Oak Estates G.P. LLC is a limited liability company.
Majestic Oak Estates G.P. LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-06488) on
November 27, 2024. In the petition filed by Gene A. Liguori, Jr. as
member, the Debtor reports estimated assets up to $50,000 and
estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by Jeffrey S. Ainsworth, Esq., at
BRANSONLAW, PLLC, in Orlando, Florida.
MANE SOURCE: Gets Extension to Access Cash Collateral
-----------------------------------------------------
Mane Source Counseling, PLLC received another extension from the
U.S. Bankruptcy Court for the Eastern District of North Carolina,
Greenville Division to use cash collateral.
The fourth interim order signed by Judge David Warren authorized
Mane Source Counseling to use cash collateral to pay the expenses
set forth in its 30-day budget and may spend as much as 10% more if
needed.
The budget projects total operational expenses of $8,913.66 for
June.
As protection, post-petition liens on Mane Source Counseling's cash
and inventory will be granted to potential secured creditors to the
extent that cash collateral is used and the pre-bankruptcy lien on
the same type of collateral was valid, perfected, enforceable, and
non-avoidable as of the petition date.
Mane Source Counseling's authority to use cash collateral will
terminate upon cessation of its operations or non-compliance with
the interim order, whichever occurs first.
The next hearing is scheduled for June 24.
About Mane Source Counseling PLLC
Mane Source Counseling, PLLC provides counseling and wellness
services with the help of five horses used in therapy sessions.
Mane Source Counseling sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-00833) on March
7, 2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Cheryl Meola, company owner, signed the petition.
Judge David M. Warren oversees the case.
The Debtor is represented by:
Kathleen O'Malley, Esq.
Stevens Martin Vaughn & Tadych, PLLC
2225 W. Millbrook Road
Raleigh, NC 27612
Phone: 919-582-2300
Fax: (866) 593-7695
Email: komalley@smvt.com
MARELLI HOLDINGS: Considers Chapter 11 Bankruptcy Filing
--------------------------------------------------------
Reed Stevenson, Giulia Morpurgo, and Dorothy Ma of Bloomberg News
report that Marelli Holdings Co., a struggling auto parts supplier
to Nissan Motor Co., Stellantis NV, and other automakers, intends
to file for Chapter 11 bankruptcy in the U.S. in a bid to reduce
its debt and restructure under new ownership, according to people
familiar with the situation.
If approved, the plan would see global investment firm Strategic
Value Partners LLC, led by Victor Khosla, take ownership of Marelli
after brokering a deal supported by creditors, one source said,
speaking anonymously as the details remain confidential, Bloomberg
News reports.
About Marelli Holdings Co.
Marelli Holdings Co., Ltd. operates as an automotive company. The
Company provides cockpit modules, interior and electronic, thermal
systems, compressor, and heat exchange products. Marelli Holdings
also offers console, instrument panels, steering member, inverter,
blower motor, exhaust system, mufflers, rotary and variable
compressors, condensers, and radiators.
MARRS CONSTRUCTION: Hires Osborn Maledon as Bankruptcy Counsel
--------------------------------------------------------------
Marrs Construction Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Arizona to hire Osborn Maledon, P.A. as
counsel.
The Debtor requires legal counsel to:
(a) give advice regarding the rights, powers and duties of the
Debtor in this Chapter 11 case;
(b) assist the Debtor in the preparation of statements and
schedules and any amendments;
(c) assist the Debtor in the formulation, preparation and
prosecution of a plan of reorganization;
(d) assist the Debtor with regard to litigation and other
matters related to the administration and conduct of its Chapter 11
case;
(e) assist and advise the Debtor in discussions with creditors
relating to the administration of this case;
(f) assist the Debtor in reviewing claims asserted against it
and in negotiating with claimants asserting such claims;
(g) assist the Debtor in examining and investigating potential
preferences, fraudulent conveyances, and other causes of action;
(h) represent the Debtor at all hearings and other
proceedings;
(i) review and analyze legal papers;
(j) advise the Debtor concerning, and prepare on its behalf,
all legal documents filed in the case; and
(k) perform such other legal services as may be required or
appropriate.
The hourly rates of the firm's counsel and staff are as follows:
Attorneys $310 to $910
Paralegals $155 to $275
In addition, the firm will seek reimbursement for expenses
incurred.
Warren J. Stapleton, Esq., an attorney at Osborn Maledon, disclosed
in a court filing that his firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Christopher C. Simpson, Esq.
Warren J. Stapleton, Esq.
Andrew B. Haynes, Esq.
OSBORN MALEDON, PA
2929 North Central Avenue, 20th floor
Phoenix, AZ 85012
Telephone: (602) 640-9000
Email: csimpson@omlaw.com
wstapleton@omlaw.com
ahaynes@omlaw.com
About Marrs Construction Inc.
Marrs Construction Inc. is a Phoenix-based contractor that provides
demolition, excavation, earthwork, site preparation, civil utility,
and paving services. The Company serves both residential and
commercial projects across the greater Phoenix area.
Marrs Construction Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-04964) on May 30,
2025. In its petition, the Debtor reports total assets of
$10,177,042 and total liabilities of $12,177,492.
The Debtors are represented by Christopher C. Simpson, Esq. at
OSBORN MALEDON, P.A.
MAT TRANSPORT: Claims to be Paid from Sale Proceeds & New Value
---------------------------------------------------------------
MAT Transport, Inc., filed with the U.S. Bankruptcy Court for the
District of Arizona a Disclosure Statement describing Plan of
Reorganization dated May 16, 2025.
The Debtor is a trucking company that provides transportation
services to customers who need large quantities of goods or other
large items transported within the State of Arizona to other
states.
The Debtor's primary assets are real property located at 4140 Grand
Avenue, Phoenix, AZ 85019 (the "Grand Avenue Property") and a
vacant lot at 3000 Silverberg Dr. Sidney, NE 69162 (the "Nebraska
Property") and long-haul trucks.
The Plan will pay creditors from the sale of the Nebraska Property
and from an insider new value contribution. The goal of the Plan is
to pay creditors as soon as the Debtor finishes a claims allowance
process, which the Debtor hopes will be around the Effective Date
or shortly thereafter—and as soon as the Nebraska Property is
sold.
In accordance with the priority scheme under the Bankruptcy Code,
debts incurred post-petition must be paid on the Effective Date of
the plan, unless the holders of such claims agree otherwise. The
Debtor intends to pay administrative expense claims from the
proceeds of the sale of the Nebraska Property, which the Debtor
hopes is by the Effective Date. Pre-petition unsecured creditors
will be paid any remaining proceeds from the sale of the Nebraska
Property and the new value contribution, following a claims
allowance process.
Class 7 consists of all Allowed Claims held by non-insiders that
are not secured and do not have statutory priority. Among other
claimants, these include trade creditors and deficiency claims of
lenders with vehicles as collateral for their loans. Class 7 claims
will receive a pro rata share of the proceeds of the Nebraska
Property and the New Value contribution. Class 7 is impaired and
entitled to vote.
Class 8 consists of the Allowed Interests in the Debtor as of the
Petition Date. 100% of the Allowed Interests are held by Marko
Tomovic. Within 30 days of the Effective Date, Marko Tomovic will
make a new value contribution of $15,000 to retain his equity
interest in MAT Transport, Inc. He will receive nothing on account
of his equity interests in Mat Transport, Inc.
All payments required by the Plan shall be funded with (i) the sale
of the Nebraska Property and (ii) the insider new value
contribution.
A full-text copy of the Disclosure Statement dated May 16, 2025 is
available at https://urlcurt.com/u?l=8vUsGb from PacerMonitor.com
at no charge.
Mat Transport, Inc. is represented by:
D. Lamar Hawkins, Esq.
Guidant Law, PLC
402 E. Southern Ave.
Tempe AZ 85282
Telephone: (602) 888-9229
Facsimile: (480) 725-0087
Email: lamar@guidant.law
About Mat Transport
Mat Transport, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 24-05932) on July 22,
2024. In the petition signed by Marko Tomovic, president, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Madeleine C. Wanslee oversees the case.
D. Lamar Hawkins, Esq., at Guidant Law, PLC, serves as the Debtor's
counsel.
MAVENCRUX I: Seeks to Hire Hilco Real Estate as Valuation Witness
-----------------------------------------------------------------
MavenCrux I, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Iowa to employ Hilco Real Estate, LLC to
provide real estate valuation services.
Hilco Real Estate will serve a real estate valuation witness to
testify at any depositions and court hearings regarding the
valuations of the Debtor's real estate, any appraisals thereof,
including, but not limited to, those of Bank Iowa, and render an
opinion about the quality and conformance to professional standards
of appraisals that have been prepared.
Hilco will be paid on an hourly basis at rates between $425 and
$600.
Hilco is a "disinterested person" within the meaning of Bankruptcy
Code Sec. 101(14), according to court filings.
The firm can be reached through:
Adam Zimmerman, MAI
HILCO REAL ESTATE, LLC
5 Revere Dr, Suite 206
Northbrook, IL 60062
Tel: (847) 504-2463
Email: AZimmerman@hilcoglobal.com
About Mavencrux I
Mavencrux I, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-00292) on March 3,
2025. In the petition signed by Louis Weltman, CRO and manager, the
Debtor disclosed under $1 million in both assets and liabilities.
The Debtor tapped Jeffrey D. Goetz, Esq., at Dickinson, Bradshaw,
Fowler & Hagen PC as counsel.
MONARCHY RANCHEROS: Seeks Chapter 11 Bankruptcy in New Mexico
-------------------------------------------------------------
On June 5, 2025, Monarchy Rancheros de Santa Fe LLC filed Chapter
11 protection in the U.S. Bankruptcy Court for the District of New
Mexico. According to court filing, the Debtor reports $3,440,000
in debt owed to 1 and 49 creditors. The petition states funds will
not be available to unsecured creditors.
About Monarchy Rancheros de Santa Fe LLC
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.
Monarchy Rancheros de Santa Fe LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.M. Case No. 25-10691) on
June 5, 2025. In its petition, the Debtor reports total assets of
$5,032,566 and total liabilities of $3,440,000.
Honorable Bankruptcy Judge Robert H. Jacobvitz handles the case.
The Debtors are represented by Marcus Sedillo, Esq. at GATTON &
ASSOCIATES, P.C.
MURPHDOG LLC: Seeks Subchapter V Bankruptcy in Georgia
------------------------------------------------------
On June 5, 2025, MurphDog LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Northern District of Georgia.
According to court filing, the Debtor reports betweeen $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About MurphDog LLC
MurphDog LLC, d/b/a Ironmonger Brewing Company, Naughty Soda,
Ironmonger Brewing & Distilling, and Ironmonger Taproom + Axe
Throwing, 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.
MurphDog LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-56326) on June
5, 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 Michael D. Robl, Esq. at ROBL &
BOWEN LLC.
NATIONAL REALTY: Trustee Sues BofA, Other Parties in Ponzi Fallout
------------------------------------------------------------------
Isaac Monterose of Law360 reports that in a filing with the New
Jersey bankruptcy court, the liquidation trustee for National
Realty Investment Advisors LLC accused Bank of America and other
parties of assisting or being involved in the developer's alleged
$664 million Ponzi scheme.
About National Realty Investment
National Realty Investment Advisors, LLC is a luxury-homes
developer based in Secaucus, N.J.
National Realty Investment Advisors and 102 affiliates, including
NRIA Partners Portfolio Fund I, LLC, sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No.
22-14539) on June 7, 2022.
In the petition filed by its independent manager, Brian Casey,
National Realty Investment Advisors listed up to $50,000 in both
assets and debt. NRI Partners Portfolio listed assets between $50
million and $100 million and liabilities between $500 million and
$1 billion.
Judge John K. Sherwood oversees the cases.
S. Jason Teele, Esq., at Sills Cummis & Gross P.C., is the Debtors'
counsel. Omni Agent Solutions is the claims and noticing agent.
The U.S. Trustee for Regions 3 and 9 appointed an official
committee of unsecured creditors on June 30, 2022. The committee is
represented by Ice Miller, LLP.
NEW HOME: S&P Rates Proposed $300MM Senior Unsecured Notes 'B'
--------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue-level rating and '3'
recovery rating to The New Home Co.'s proposed $300 million senior
unsecured notes due 2030 and subsequently placed them on
CreditWatch with positive implications. The '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 60%) recovery in the event of a default.
The New Home Co. intends to use the proceeds to finance a portion
of the acquisition of Landsea Homes Corp. and reduce the exiting
balance on the company's revolving credit facility.
S&P said, "All of our ratings on The New Home Co., including the
'B' issuer credit rating, remain on CreditWatch with positive
implications following the announcement of its agreement to acquire
Landsea Homes Corp. We plan to resolve the CreditWatch following
the close of the transaction, which we expect will occur in the
third quarter of 2025."
NEW LOOK: OHA Senior Marks $414,000 1L Loan at 32% Off
------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $414,000 loan
extended to New Look Vision Group, Inc. to market at $283,000 or
68% of the outstanding amount, according to OHA Senior's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank 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.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About New Look Vision Group, Inc.
New Look Vision Group Inc. is the leading provider of eye care
products and services across Canada and the largest luxury optical
retailer in North America.
NEW LOOK: OHA Senior Marks $6.2 Million 1L Loan at 69% Off
----------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $6,218,000 loan
extended to New Look Vision Group, Inc. to market at $4,288,000 or
31% of the outstanding amount, according to OHA Senior's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank 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.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About New Look Vision Group, Inc.
New Look Vision Group Inc. is the leading provider of eye care
products and services across Canada and the largest luxury optical
retailer in North America.
NEW LOOK: OHA Senior Marks $795,000 1L Loan at 32% Off
------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $795,000 loan
extended to New Look Vision Group, Inc. to market at $543,000 or
68% of the outstanding amount, according to OHA Senior's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank 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.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About New Look Vision Group, Inc.
New Look Vision Group Inc. is the leading provider of eye care
products and services across Canada and the largest luxury optical
retailer in North America.
NEW LOOK: OHA Senior Marks $850,000 1L Loan at 87% Off
------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $850,000 loan
extended to New Look Vision Group, Inc. to market at $113,000 or
13% of the outstanding amount, according to OHA Senior's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank 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.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About New Look Vision Group, Inc.
New Look Vision Group Inc. is the leading provider of eye care
products and services across Canada and the largest luxury optical
retailer in North America.
NEWBURN LAW: Seeks to Hire Wadsworth Garber as Bankruptcy Counsel
-----------------------------------------------------------------
Newburn Law P.C. seeks approval from the U.S. Bankruptcy Court for
the District of Colorado to hire Wadsworth Garber Warner Conrardy,
P.C. as bankruptcy counsel.
The firm's services include:
a. preparation on behalf of the Debtor all necessary reports,
orders, and other legal papers required in this Chapter 11
proceeding;
b. performance of all legal services for the Debtor as a
debtor-in-possession which may become necessary; and
c. representation of the Debtor in any litigation which the
Debtor determines is in the best interest of the estate whether in
state or federal court(s).
The firm's counsel and staff will be paid at these hourly rates:
David Wadsworth, Attorney $500
Aaron Garber, Attorney $500
David Warner, Attorney $425
Aaron Conrardy, Attorney $425
Hallie S. Cooper, Attorney $225
Paralegals $125
The firm received a retainer in the amount of $16,300.
Mr. Warner disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David J. Warner, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 W. Main St., Ste. 200
Littleton, CO 80120
Telephone: (303) 296-1999
Email: dwarner@wgwc-law.com
About Newburn Law P.C.
Newburn Law P.C. sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. D. Colo. Case No. 25-13133) on May 23,
2025, listing $50,001 to $100,000 in assets and $500,001 to $1
million in liabilities.
Judge Michael E Romero presides over the case.
Aaron A Garber, Esq. at Wadsworth Garber Warner Conrardy, P.C.
represents the Debtor as counsel.
NIKOLA CORP: Founder Reaches Deal to Exchange Info With Creditors
-----------------------------------------------------------------
James Nani of Bloomberg Law reports that Trevor Milton, founder of
Nikola Corp., has agreed to share financial information with
creditors of the bankrupt electric vehicle maker as they assess his
ability to satisfy a $97 million arbitration award owed to the
company.
Milton will turn over records by the end of June detailing assets
he owns or controls valued at $100,000 or more, along with any
transactions of at least $100,000 made since July 1, 2021, an
attorney for the unsecured creditors said during a Monday, June 9,
2025, hearing in the U.S. Bankruptcy Court for the District of
Delaware, according to Bloomberg Law.
Judge Thomas M. Horan said he plans to approve the agreement, the
report states.
About Nikola Corp.
Nikola Corporation manufactures commercial vehicles. The Company
provides battery and hydrogen fuel-cell electric vehicles,
drivetrains, components, energy storage systems, fueling station
infrastructure, and other transportation solutions. Nikola serves
customers worldwide.
Nikola Corp. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10258) on February 19, 2025. In
its petition, the Debtor reports estimated assets between $500
million and $1 billion, with liabilities ranging from $1 billion to
$10 billion.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by M. Blake Cleary, Esq. at Potter
Anderson & Corroon LLP.
NIKOLA CORP: Seeks to Tap Hilco Streambank as Consultant
--------------------------------------------------------
Nikola Corporation seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Hilco IP Services, LLC d/b/a
Hilco Streambank as intangible assets disposition consultant.
The firm will render these services:
a. collect and secure all of the available information and
other data concerning the Assets;
b. prepare marketing materials designed to inform potential
purchasers of the availability of Assets for sale, assignment,
license, or other disposition;
c. develop and execute a sales and marketing program designed
to elicit proposals to acquire the Assets from qualified acquirers
with a view toward completing one or more sales, assignments,
licenses or other dispositions of the Assets; and
d. assist the Debtors in connection with the transfer of the
Assets to the acquirer(s) who offer the highest or otherwise best
consideration for the Assets.
Hilco Streambank will receive these rates:
a. 100 percent of the amount of Gross Proceeds up to and
including $200,000; plus
b. 15 percent of the amount of Gross Proceeds in excess of
$200,000.
David Peress, executive vice president of Hilco, assured the Court
that the firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code and does not represent any
interest adverse to the Debtors and their estates.
Hilco can be reached at:
David Peress
HILCO STREAMBANK
980 Washington St., Suite 330
Dedham, MA 02026
Tel: (781) 471-1239
E-mail: dperess@hilcoglobal.com
About Nikola Corp.
Nikola Corporation manufactures commercial vehicles. The Company
provides battery and hydrogen fuel-cell electric vehicles,
drivetrains, components, energy storage systems, fueling station
infrastructure, and other transportation solutions. Nikola serves
customers worldwide.
Nikola Corp. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10258) on February 19, 2025. In
its petition, the Debtor reports estimated assets between $500
million and $1 billion, with liabilities ranging from $1 billion to
$10 billion.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by M. Blake Cleary, Esq. at Potter
Anderson & Corroon LLP.
NORTIA LOGISTICS: Case Summary & Six Unsecured Creditors
--------------------------------------------------------
Debtor: Nortia Logistics Inc
11101 Franklin Ave, Suite 400
Franklin Park, IL 60131
Business Description: Nortia Logistics Inc is a privately held,
asset-based logistics provider founded in
2012 and headquartered in Franklin Park, IL.
It specializes in multimodal freight
transportation -- covering full-truckload
(FTL), less-than-truckload (LTL), and
intermodal services -- as well as
warehousing, with operations across the U.S.
and Canada.
Chapter 11 Petition Date: June 9, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-08699
Judge: Hon. Timothy A Barnes
Debtor's Counsel: David Freydin, Esq.
LAW OFFICES OF DAVID FREYDIN
8707 Skokie Blvd
Suite 305
Skokie, IL 60077
Tel: 888-536-6607
Fax: 866-575-3765
E-mail: david.freydin@freydinlaw.com
Estimated Assets: $1,357,500
Total Liabilities: $5,793,218
The petition was signed by Alla Lopatkina as president.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/OKGHH5Q/Nortia_Logistics_Inc__ilnbke-25-08699__0001.0.pdf?mcid=tGE4TAMA
NP ELEVATE: Seeks to Hire Olsen Taggart as Bankruptcy Counsel
-------------------------------------------------------------
NP Elevate Pocatello LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire Olsen Taggart
PLLC as counsel.
The firm will provide these services:
a. give the Debtor legal advice with respect to its powers and
duties under Chapter 11, subchapter V;
b. assist the Debtor in preparing and confirming Chapter 11
Plan;
c. prepare on behalf of Debtor all necessary applications,
answers, orders, reports, and any other legal papers required by
the Court and/or necessary for successful completion of the Chapter
11, subchapter V case; and
d. perform all other necessary legal services on behalf of
Debtor.
The firm will be paid at $300 per hour.
The firm will be paid a retainer in the amount of $17,737.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Steven L. Taggart, Esq., a partner at Olsen Taggart PLLC, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Steve Taggart, Esq.
Olsen Taggart PLLC
1449 E. 17th Street, Ste A
Idaho Falls, ID 83404
Tel: (208) 552-6442
Email: staggart@olsontaggart.com
About NP Elevate Pocatello LLC
NP Elevate Pocatello LLC is a single asset real estate debtor, as
defined in 11 U.S.C. Section 101(51B).
NP Elevate Pocatello LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No.: 25-10394) on February
18, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Scott C. Clarkson handles the case.
Eric Bensamochan, Esq. at THE BENSAMOCHAN LAW FIRM, INC. represents
the Debtor as counsel.
NUMALE CORP: Trustee Taps Paul Weiss Rifkind as Litigation Counsel
------------------------------------------------------------------
Michael Carmel, the Chapter 11 trustee of Numale Corporation, seeks
approval from the U.S. Bankruptcy Court for the District of Nevada
to employ Paul, Weiss, Rifkind, Wharton & Garrison LLP as special
litigation counsel.
The firm will provide advice and representation in connection with
the NuMale Corporation and NuMale New Mexico SC estates'
participation in the Sanchez State Court Litigation currently
pending as New Mexico State Court Case No. D-202-CV-202006336.
The firm's current standard hourly rates are:
Partner $2,245 to $2,595
Counsel $1,995
Associate $975 to $1,695
Staff Attorney $705 to $735
Paraprofessionals $175 to $560
Kannon Shanmugam, Esq., a partner at Paul, Weiss, Rifkind, Wharton
& Garrison LLP, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Kannon K. Shanmugam, Esq.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
1285 Avenue of the Americas
New York, NY 10019
Tel: (212) 373-3000
Email: jgraham@paulweiss.com
About Numale Corporation
Numale Corporation and six affiliates filed Chapter 11 petitions
(Bankr. D. Nev. Lead Case No. 25-10341) on January 22, 2025. At the
time of the filing, Numale reported up to $50,000 in both assets
and liabilities.
Judge Natalie M. Cox oversees the cases.
The Debtors are represented by David A. Riggi, Esq., at Riggi Law
Firm.
NUMALE CORP: Trustee Taps Rodey Dickason as Local Counsel
---------------------------------------------------------
Michael Carmel, the Chapter 11 trustee of Numale Corporation, seeks
approval from the U.S. Bankruptcy Court for the District of Nevada
to employ Rodey, Dickason, Sloan, Akin, & Robb, P.A. as special
local litigation counsel.
The firm will provide advice and representation in connection with
the NuMale Corporation and NuMale New Mexico SC estates'
participation in the Sanchez State Court Litigation currently
pending as New Mexico State Court Case No. D-202-CV-202006336.
The firm's hourly rates are:
Ed Ricco $395
Jocelyn Drennan $325
Charles Vigil $375
Other Partners $275
Associates $195
Paralegals $120
Edward Ricco, Esq., a partner at Rodey, Dickason, Sloan, Akin, &
Robb, P.A., assured the court that the firm is a disinterested
persons within the meaning of Sections 101(14) and 327 of the
Bankruptcy Code, as modified by Section 1107(b).
The firm can be reached through:
Edward Ricco, Esq.
Charles J. Vigil, Esq.
Rodey, Dickason, Sloan, Akin & Robb, P.A
201 Third Street NW, Suite 2200
Albuquerque, NM 87102
Direct: (505) 768-7377
Mobile: (505) 259-5767
Facsimile: (505) 768-7395
Email: cvigil@rodey.com
About Numale Corporation
Numale Corporation and six affiliates filed Chapter 11 petitions
(Bankr. D. Nev. Lead Case No. 25-10341) on January 22, 2025. At the
time of the filing, Numale reported up to $50,000 in both assets
and liabilities.
Judge Natalie M. Cox oversees the cases.
The Debtors are represented by David A. Riggi, Esq., at Riggi Law
Firm.
OAK AND FORT: Seeks Chapter 15 Bankruptcy Due to Tariffs
--------------------------------------------------------
Alex Wittenberg of Law360 reports that Canadian apparel retailer
Oak and Fort Corp., along with multiple affiliates, has sought
Chapter 15 bankruptcy protection in New York, citing close to $20
million in debt.
The company blamed U.S. tariffs on Chinese imports for squeezing
its profit margins and triggering a pullback in financing from
lenders, the report states.
About Oak and Fort Corp.
Oak and Fort Corp. is a specialty retailer based in and managed
from Vancouver, British Columbia. The Company offers a broad range
of fashion apparel, accessories, jewellery, and homeware under the
"Oak + Fort" brand through its e-commerce websites and 42 retail
stores across Canada and the United States. It focuses on
minimalist design, cost-conscious fashion, and sustainable
practices.
Oak and Fort Corp. sought relief under Chapter 15 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11282) on June 6,
2025.
Honorable Bankruptcy Judge Martin Glenn handles the case.
KSV Restructuring Inc. is the Debtor's foreign representative.
The foreign representative's counsels are Warren A. Usatine, Esq.
and Mark Tsukerman, Esq. at COLE SCHOTZ P.C.
OHIO TRANSMISSION: OHA Senior Marks $1.4 Million 1L Loan at 44% Off
-------------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,494,000 loan
extended to Ohio Transmission Corporation to market at $831,000 or
56% of the outstanding amount, according to OHA Senior's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Ohio
Transmission Corporation. The loan accrues interest at a rate of
9.8% per annum. The loan matures on December 19, 2030.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Ohio Transmission Corporation
Ohio Transmission Corporation is a technical distributor of highly
engineered products across automation, motion control, fluid power,
flow control and compressed air categories.
OHIO TRANSMISSION: OHA Senior Marks $1Million 1L Loan at 65% Off
----------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,000,000 loan
extended to Ohio Transmission Corporation to market at $350,000 or
35% of the outstanding amount, according to OHA Senior's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Ohio
Transmission Corporation. The loan accrues interest at a rate of
9.8% per annum. The loan matures on December 19, 2029.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Ohio Transmission Corporation
Ohio Transmission Corporation is a technical distributor of highly
engineered products across automation, motion control, fluid power,
flow control and compressed air categories.
PAI HOLDCO: S&P Affirms 'CCC+' Issuer Credit Rating, Outlook Neg.
-----------------------------------------------------------------
S&P Global Ratings affirmed all of its ratings on U.S. aftermarket
auto parts distributor PAI Holdco Inc., including the 'CCC+' issuer
credit rating.
The negative outlook reflects the potential for a lower rating if
liquidity erodes or a distressed exchange or covenant breach
appears more likely.
S&P Global Ratings expects U.S. aftermarket auto parts distributor
PAI Holdco Inc.'s profitability and cash generation will remain
soft in 2025 as PAI's efforts to reduce costs and improve operating
efficiencies are offset by a challenging operating environment.
S&P said, "The rating continues to reflect PAI's weak credit
protection metrics and our view that its capital structure remains
unsustainable. PAI's operating results have been challenged over
the past year by softer consumer demand, inflationary cost
pressures, and increasing competition, leading to modest top-line
growth, margin compression, and EBITDA contraction year-over-year
through March 30, 2025. While the automotive aftermarket remains
resilient, in our view, consumers dealing with higher living
expenses have been looking to reduce spending, including delaying
maintenance on their vehicles. We expect weaker macroeconomic
conditions this year, including inflationary pressures from
tariffs, will continue to weigh on automotive maintenance spending,
but believe demand for failure- and maintenance-related parts will
remain steady and eventually pick up due to the elevated level of
deferred maintenance over the last few years. PAI's profitability
has also been pressured by higher labor and occupancy costs, which
the company is seeking to address through cost savings initiatives.
Based on the high leverage, which we project to remain above 8x
over the next year, and challenging operating environment, we
believe the company's capital structure remains unsustainable in
the long run, but its initiatives to improve profitability and
liquidity as well as the timing of its debt maturities support the
current rating.
"We expect soft economic conditions and competitive pressures to
continue. Consumers have continued to defer maintenance spending on
automobiles over the past year, which has caused revenue headwinds
for parts distributors such as PAI. Additionally, we believe PAI is
facing stiffer competition from the large aftermarket auto part
retailers that are investing heavily in expanding their presence in
the commercial market. Furthermore, cost pressures and product mix
have suppressed profit margins, contributing to high leverage. In
response, PAI is implementing a wide range of initiatives to
improve efficiency across its organization. Our base case projects
flat revenue growth in 2025, with S&P Global Ratings-adjusted
EBITDA margin improving roughly 50 basis points as a result of cost
savings initiatives. We expect the auto parts industry will pass on
higher costs related to tariffs to customers. However, the impact
of higher product costs could cause further deferral of vehicle
maintenance among consumers, leading to increased operating
pressures for PAI."
Eroding liquidity could pressure the rating. Liquidity deteriorated
in the first quarter of fiscal 2025 in part due to seasonal working
capital needs, with PAI generating a cash flow deficit of
approximately $33 million, reflecting a wider operating loss and
inventory growth. Outstanding borrowings on its $400 million
asset-based lending facility (ABL; maturing July 2029) increased
during the quarter, leaving about $76 million available as of March
30, 2025. The revolver is the company's sole source of liquidity;
balance sheet cash is de minimis. Furthermore, the company's fixed
charge covenant ratio has deteriorated due to EBITDA contraction
and higher debt service costs. While PAI has avoided testing its
springing covenant to date, and its fixed charge coverage ratio
remains above 1x, its headroom has thinned.
S&P said, "The company is implementing multiple initiatives to
enhance liquidity, including improving inventory management and
securing better payment terms with vendors, which we expect will
support cash conversion. These efforts led to a significant working
capital inflow and $39 million in FOCF in 2024, and we expect
modestly positive FOCF in 2025 with a modest working capital use.
Still, we believe the level of working capital necessary to carry a
wide depth and breadth of automotive parts merchandise, along with
the need to maintain distribution facilities and a heavy interest
burden, will keep cash generation relatively muted. We project
modest working capital uses in the future and believe capital
expenditures (capex) will largely be limited to maintenance needs,
which we estimate are around $10-$15 million. While this will help
conserve liquidity, it places PAI at a disadvantage to larger
competitors that are investing more heavily in growth capex.
"The negative outlook reflects PAI's thin liquidity position and
our expectation that credit protection metrics will remain weak as
it contends with a softer operating environment."
S&P could lower its rating if:
-- Operating performance deteriorates, leading to a greater cash
burn and increasing the likelihood of a default or restructuring
that S&P views as tantamount to default; or
-- S&P envisions a specific default scenario over the next 12
months, including a distressed exchange, near-term liquidity
shortfall, or violation of its springing fixed-charge coverage
ratio.
S&P could raise its rating if:
-- Operating performance, including margins, improves
meaningfully, leading to consistently positive FOCF in excess of
scheduled amortization payments and improved headroom under its
springing fixed-charge coverage ratio; and
-- S&P believes the company can successfully extend or refinance
its debt facilities.
PARADOX ENTERPRISES: Hires McGuigan & Associates as Appraiser
-------------------------------------------------------------
Paradox Enterprises, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Tennessee to hire McGuigan &
Associates as appraiser.
The scope of the retention includes providing appraisals for real
property owned by the Debtor and, if necessary, providing expert
testimony in connection with the Valuation Motion or any contested
matters related thereto.
The Debtor and appraiser agree that simple interest of one percent
per month with a maximum of 12 percent per annum.
In the event the Debtor so requests the appraiser to testify at
legal proceedings, the firm will charge $350 per hour.
McGuigan & Associates is a "disinterested person" and does not hold
or represent any interest adverse to the estate as required under
Sec. 327(a), according to court filings.
The firm can be reached through:
Joseph Patrick McGuigan
McGuigan & Associates
3207 West End Ave Ste 201
Nashville, TN 37203
Phone: (615) 327-0662
Fax: (615) 320-7985
Email: residential@mcgapp.com
About Paradox Enterprises
Paradox Enterprises, LLC owns various properties valued at $6.1
million.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 24-10826) on April 5,
2024, with $6,174,373 in assets and $13,012,125 in liabilities.
Eric Shelley, managing member, signed the petition.
Judge Nicholas W. Whittenburg oversees the case.
Gray Waldron, Esq., at Dunham Hildebrand, PLLC, represents the
Debtor as legal counsel.
PARAGON INDUSTRIES: Seeks to Hire D. R. Payne & Associates as CRO
-----------------------------------------------------------------
Paragon Industries Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Oklahoma to hire David R. Payne,
CPA of D. R. Payne & Associates, Inc. as chief restructuring
officer.
The firm will provide:
i. direction, oversight and review of preparation of initial
disclosures;
ii. assistance with preparation of content and data to include
in first day motions;
iii. assistance with the business terms to include in a bidding
procedures motion to consummate a sale pursuant to Bankruptcy Code
section 363;
iv. evaluation, confirmation and/or development of timeline and
milestones for implementation and consummation of a plan of
reorganization including a competitive going concern sale
transaction;
v. development of a 13-week budget and updating of same;
vi. review, approval, and submission of weekly reports for the
immediately preceding week's revenues and expenses to
stakeholders;
vii. review, approval and submission of periodic written reports
detailing Debtor's progress and performance to meet and achieve the
milestones and objectives in this case;
viii. preparation of the business financial and operating data
and information necessary for filing motions;
ix. ongoing, routine communications with the Debtor's lenders
and other creditors including periodic reviews of the Debtor's
performance and progress towards objectives in this case;
x. such other similar services as may be necessary to maximize
enterprise value and comply with the financial and business
requirements of the Bankruptcy Code; and
xi. such other services as requested or directed by the Debtor
and agreed to by the Mr. Payne.
The firm will be paid at these hourly rates:
David R. Payne, CRO $550
Assistant to CRO - Manager $425 to 475
Assistant to CRO - Consultant Staff $195 to 375
Mr. Payne was also provided with a $50,000.00 retainer from the
Wachob Trust.
As disclosed in the court filings, Mr. Payne is a "disinterested
person" as that term is defined in Bankruptcy Code section 101(14)
and modified by Bankruptcy Code section 1107(b).
The CRO can be reached at:
David R. Payne
D. R. Payne & Associates, Inc.
119 North Robinson Avenue
Oklahoma City, OK 73102
Telephone: (405) 272-0511
Email: info@drpayne.com
About Paragon Industries Inc.
Paragon Industries Inc. manufactures steel pipe products used in
the oil and gas, construction, and fire protection industries.
Based in Sapulpa, Oklahoma, the Company offers services such as
heat treatment, threading, and fabrication. Its product range
includes mechanical, sprinkler, line pipe, OCTG, and construction
pipes, with a customer base extending across North and South
America.
Paragon Industries Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Okla. Case No. 25-80433) on May 21,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million.
The Debtor is represented by Clayton D. Ketter, Esq. at PHILLIPS
MURRAH P.C.
PARTIDA HOLDINGS: Hires Tap Fellers Snider as Bankruptcy Counsel
----------------------------------------------------------------
Partida Holdings of Fayetteville, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Oklahoma to employ
Fellers, Snider, Blankenship, Bailey & Tippens PC as counsel.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties in
the continuing operation of its business and management of its
property;
(b) prepare on behalf of the Debtor all necessary legal
papers; and
(c) perform all other legal services for the Debtor which may
be necessary herein.
Stephen Moriarty, the primary attorney in this representation, will
be paid at his hourly rate of $575.
Mr. Moriarty disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Stephen J. Moriarty, Esq.
Fellers, Snider, Blankenship, Bailey & Tippens P.C.
100 N. Broadway, Suite 1700
Oklahoma City, OK 73102
Telephone: (405) 232-0621
Facsimile: (405) 232-9659
Email: smoriarty@fellerssnider.com
About Partida Holdings of Fayetteville, LLC
Partida Holdings of Fayetteville, LLC, filed a Chapter 11
bankruptcy petition (Bankr. W.D. Okla. Case No. 25-11045) on April
10, 2025, listing up to $50,000 in assets and $1,000,001 to $10
million in liabilities. The Debtor hires Hammond Law Firm as
counsel.
PAUL LESPOIR: Seeks to Hire Alter & Barbaro as Bankruptcy Counsel
-----------------------------------------------------------------
Paul Lespoir Inc. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire Alter & Barbaro as
bankruptcy counsel.
The firm's services include:
a. advising the debtor of its powers and duties as a debtor in
Chapter 11;
b. advising the debtor regarding matters of bankruptcy law;
c. representing the debtor and proceedings and hearings in the
United States District Court and Bankruptcy Courts for the Eastern
District of New York;
d. preparing on behalf of the debtor any necessary motions,
applications, orders and other legal papers;
e. providing assistance, advice and representation concerning
the confirmation of any proposed plan(s) and solicitation of any
acceptances of responding to rejections of such plan(s);
f. providing assistance, advice and representation concerning
any investigation of the assets, liabilities and financial
condition of the debtor that may be required under local, state or
federal law;
g. prosecuting and defending litigation matters as such other
matters that might arise during the Chapter 11 case;
h. providing counseling and representation with respect to
assumption or rejection of executory contracts and leases, sales of
assets and bankruptcy-related matters arising from this Chapter 11
case;
i. rendering advice with respect to general corporate and
litigation issues related to this Chapter 11 case, including but
not limited to, securities, corporate finance, labor, tax and
commercial matters; and
j. performing such other legal services as may be necessary
and appropriate for the efficient and economical administration of
this Chapter 11 case.
The firm will be paid at these rates:
Partners $350 per hour
Paraprofessionals $150 per hour
As accommodation to the debtor has agreed that strikes build
voluntarily reduced to $250 per hour.
Alter & Barbaro received an advance fee of $4,000 as the retainer
$1,738 filing fee in balance.
Alter & Barbaro is a "disinterested person" within the meaning of
Bankruptcy Code Sec. 101(14), according to court filings.
The firm can be reached through:
Troy Lambert, Esq.
ALTER & BARBARO, P.A.
26 Court Street, Suite 1812
Brooklyn, NY 11242
Tel: (407) 897-0880
Email: troylambert@alterbabaro.com
About Paul Lespoir Inc.
Paul Lespoir Inc. is a single-asset real estate company.
Paul Lespoir Inc. sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41058) on
March 4, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
Troy Lambert, Esq. at ALTER & BARBARO, P.A. represents the Debtor
as counsel.
PET RINSE: G. Matt Barberich of B. Riley Named Subchapter V Trustee
-------------------------------------------------------------------
The Acting U.S. Trustee for Region 13 appointed G. Matt Barberich,
Jr. of B. Riley Advisory Services as Subchapter V trustee for Pet
Rinse Repeat, LLC.
Mr. Barberich will be paid an hourly fee of $300 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Barberich declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
G. Matt Barberich, Jr.
B. Riley Advisory Services
7101 College Boulevard, Suite 730
Overland Park, KS 66210
Phone: 913-389-9270
Email: mbarberich@brileyfin.com
About Pet Rinse Repeat LLC
Pet Rinse Repeat, LLC operates a mobile and in-store dog grooming
and boarding business in the Kansas City area.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Mo. Case No. 25-40747) on May 19,
2025. In the petition signed by Amy Ramatowski, managing member,
the Debtor disclosed up to $500,000 in assets and up to $1 million
in liabilities.
Judge Brian T. Fenimore oversees the case.
Erlene W. Krigel, Esq., at Krigel, Nugent + Moore, P.C., represents
the Debtor as legal counsel.
PET RINSE: Seeks to Hire Krigel Nugent Moore as Attorney
--------------------------------------------------------
Pet Rinse Repeat, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Missouri to hire Krigel Nugent + Moore,
P.C. as attorneys.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties;
(b) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(c) take all necessary action to protect and preserve the
estate;
(d) prepare on behalf of Debtor all legal papers necessary to
the administration of the estate;
(e) negotiate and prosecute on the Debtor's behalf all
contracts for the sale of assets, plan of reorganization, and all
related agreements and/or documents, and take any action that is
necessary for it to obtain confirmation of its Plan of
Reorganization;
(f) appear before this court and the United States Trustee,
and protect the interests of the Debtor's estate before the court
and the U.S. Trustee; and
(g) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with this
Chapter 11 proceeding.
The firm's counsel and staff will be paid at these hourly rates:
Sanford Krigel, Attorney $400
SJ Moore, Attorney $400
Ivan Nugent, Attorney $400
Erlene Krigel, Paralegal $300
Karen Rosenberg, Paralegal $300
Dana Wilders, Paralegal $300
Lara Pabst, Paralegal $300
Sean Cooper, Paralegal $300
Legal Assistants $100
Ms. Krigel 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:
Erlene Krigel, Esq.
Krigel Nugent + Moore, PC
4520 Main St., Ste. 700
Kansas City, MO 64111
Telephone: (816) 756-5800
About Pet Rinse Repeat, LLC
Pet Rinse Repeat, LLC sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. W.D. Mo. Case No. 25-40747) on May
19, 2025, listing $100,001 to $500,000 in assets and $500,001 to $1
million in liabilities.
Judge Brian T Fenimore presides over the case.
Erlene W. Krigel, Esq. at Krigel Nugent Moore, P.C. represents the
Debtor as counsel.
POLY-WOOD LLC: OHA Senior Marks $1.3 Million 1L Loan at 71% Off
---------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,350,000 loan
extended to Poly-Wood, LLC to market at $396,000 or 29% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Poly-Wood,
LLC. The loan accrues interest at a rate of 9.17% per annum. The
loan matures on March 20, 2030.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Poly-Wood, LLC
Poly-Wood LLC manufactures and distributes furniture products.
POWIN LLC: Case Summary & 50 Largest Unsecured Creditors
--------------------------------------------------------
Lead Debtor: Powin, LLC
20550 SW 115th Ave
Tualatin OR 97062
Business Description: Powin designs and installs battery energy
storage systems for clean energy projects
globally. The Company provides integrated
hardware and software solutions, including
its proprietary StackOS, which manages
energy storage performance, monitoring, and
cybersecurity. Since launching commercial
operations in 2016, Powin has expanded
internationally, deploying or constructing
over 17,000 MWh of energy storage systems.
Chapter 11 Petition Date: June 10, 2025
Court: United States Bankruptcy Court
District of New Jersey
Nine affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Powin, LLC (Lead Case) 25-16137
PEOS Holdings, LLC 25-16144
Powin Project LLC 25-16136
Powin China Holdings 1, LLC 25-16138
Powin China Holdings 2, LLC 25-16139
Charger Holdings, LLC 25-16140
Powin Energy Ontario Storage, LLC 25-16141
Powin Energy Operating Holdings, LLC 25-16142
Powin Energy Operating, LLC 25-16143
Judge: Hon. Michael B Kaplan
Debtors'
General
Bankruptcy
Counsel: Tania M. Moyron, Esq.
Van C. Durrer, II, Esq.
DENTONS US LLP
601 S. Figueroa Street #2500
Los Angeles, CA 90017
Tel: (213) 623-9300
Fax: (213) 623-9924
Email: tania.moyron@dentons.com
van.durrer@dentons.com
- and -
John D. Beck, Esq.
Sarah M. Schrag, Esq.
1221 Avenue of the Americas
New York, NY 10020-1089
Tel: (212) 768-6700
Fax: (212) 768-6800
Email: john.beck@dentons.com
sarah.schrag@dentons.com
Debtors'
Conflict &
Efficiency
Counsel:
Frank A. Oswald, Esq.
TOGUT, SEGAL & SEGAL LLP
550 Broad Street
Suite 1508
Newark, NJ 07102
Tel: (212) 594-5000
Fax: (212) 967-4258
Email: frankoswald@teamtogut.com
- and -
Albert Togut, Esq.
Amanda C. Glaubach, Esq.
Eitan Blander, Esq.
One Penn Plaza, Suite 3335
New York, New York 10119
Tel: (212) 594-5000
Fax: (212) 967-4258
Email: altogut@teamtogut.com
aglaubach@teamtogut.com
eblander@teamtogut.com
Debtors'
Investment
Banker: HURON TRANSACTION ADVISORY LLC
Debtors'
Claims
Agent: KURTZMAN CARSON CONSULTANTS LLC
d/b/a VERITA GLOBAL
Estimated Assets: $100 million to $500 million
Estimated Liabilities: $100 million to $500 million
Chad Paulson signed the petitions as authorized signatory.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/NSS3H2Y/Powin_LLC__njbke-25-16137__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtor's 50 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Ace Engineering & Co., Ltd. Trade $100,104,820
80, Sapyong-daero,
Seocho-gu
Seoul 06575
Republic of Korea
Tel: (822) 578 0491
Email: chloe@acecontainer.com
2. Qingdao CIMC-POWIN New Contract $49,068,210
Energy Technology Co., Ltd Manufacturer
No.1 Huanghedong Road,
China (Shandong)
Pilot Free Trade Zone,
Qingdao, P.R.
Phone: +86 532 8676 7675
Email: info@cimc-powin.com
3. Contemporary Amperex Subsidiary/ $44,000,000
Technology Co., Limited Powin Owned
(CATL) Entity
No.2 Xingang Road
Zhangwan Town, Jiaocheng
District, Ningde City,
Fujian 352100
Phone: +86 181 5087 9959
Email: RuanTF@catlbattery.com
4. Celestica LLC Contract $16,748,929
11 Continental Blvd Manufacturer
BLD 300
Suite 103
Merrimack NH 03054
Phone: (416) 448-5800
Email: petem@celestica.com
5. Clean Energy Services CES Professional $10,107,691
LLC Services
4201 Main Street
Suite 299
Houston, TX 77002
Phone: (713) 714-0762
Email: accounts.receivable@cesrenewables.com
6. Formosa Electronic Contract $9,180,133
Industries Inc. Manufacturer
5F., NO8, Aly.130, Minquan
Rd., Xindian Dist.,
New Taipei City 231,
Taibei 23141
Taiwan
Phone: +886 2 2218 8888
Email: kelvin.chen@feii.com.tw;
flora.zhang@feii.com.tw
7. Rubicon Professional EPC/Contractor $8,453,344
Services, LLC
3370 Chastain Gardens
Drive Suite 220
Kennesaw, GA 30144
Phone: (770) 726-8975
Email: accounting@rubiconps.com
8. SMA America, LLC Contract $8,370,089
3925 Atherton Road Manufacturer
Rocklin, CA 95677
Phone: (916) 625-0870
Email: ordermgmt@sma-america.com
9. Mainfreight Air & Ocean Pty Ltd Logistics Unknown
154 Melrose Drive
Tullamarine
Melbourne VIC 3043
Australia
Phone: +61 (3) 9330 6000
Email: lorraine.govender@mainfreight.com
10. JMS Wind Energy, Inc. Professional $6,033,105
8022 S Rainbow Blvd Services
Ste 406
Las Vegas, NV 89139
Phone: (541) 483-0920
Email: julie@jmswindenergy.com
11. Experience Knowledge Purchase/Sale $5,777,376
Strategy, S.L. Agreement
AVDA. CAMAS 26
Bollullos De La Mitacion
Seville 41110
Spain
Phone: 0034954181521
Email: fronquillo@eksenergy.com
12. EBARA Densan (Qingdao) Contract $5,297,762
Technology Co., Ltd. Manufacturer
No.216, Shuangyuan Road,
Chengyang District,
Qingdao Shandong Province
266111
China
Phone: 053289653367628
Email: dong.jiakun@edq-ebara.com
13. KPMG LLP Professional $4,586,591
3 Chestnut Ridge Road Services
Montvale, NJ 07645
Phone: (503) 820-6809
Email: us-bkrdasc-ar@kpmg.com
14. Contemporary Nebula Contract $4,252,505
Technology Energy Co., Ltd. Manufacturer
No. 33 Xingyexi Road
Mawei District
Fuzhou City Fujian Province
China
Phone: 8615924148801
Email: xuezhen.lin@cntepower.com
15. GreEnergy Resources Professional $3,522,202
108 Michelin Road Services
Ardmore, OK 73401
Phone: (580) 68‑9534
Email: adam.fenner@greenergyresources.com
16. R.H. Shipping & Chartering S Logistics $3,359,111
De RL De CV
Av. Paseo De La Reforma
No. 222 Piso 15
Col. Juarez Alcaldia Cuauhtemoc
Ciudad De Mexico
C.P. Cam 06600
Phone: +52 (55) 1328 4301
Email: cobranza@rh-shipping.com
17. Qingdao CIMC Container Contract $3,265,143
Manufacture Co., Ltd Manufacturer
No.1, east Huanghe Road
Economic & Technological
Development Zone
Qingdao, China
Phone: +86-532-8693-5961
Email: yanfeng.yang@cimc.com
18. Ultra Corpotech Private Trade Debt $3,215,744
Limited
Plot No-Pap-A-4 Chakan
Industrial Area Phase IV
Village Nighoje Opp M & M
Gate No- 3 Tal-Khed
Talwade Chakan Road
Pune
Phone: 919922929251
Email: vgoykar@ultracorpotech.com
19. Envision AESC US LLC Trade Debt $2,901,664
500 Battery Plant Road
Smyrna, TN 37167
Phone: (615) 751-3322
Email: ken.srebnik@envision-aesc.com
20. Pearce Services, LLC Professional $2,671,092
1222 Vine Street Services
Suite 301
Paso Robles, CA 93446
Phone: (805) 467-2528
Email: essnotifications@pearce-renewables.com
21. Spark Power Renewables Professional $2,486,017
USA, Inc Services
4900 Diplomacy Road
Fort Worth, TX 76155
Phone: (833) 775-7697
Email: AR@sparkpowercorp.com
22. Sonic Systems International, Professional $2,390,368
LLC Services
1880 South Dairy Ashford
Suite 207
Houston, TX 77077
Phone: (281) 531-7611
Email: ablock@sonicsystems.com
23. McKinsey & Company, Inc. Professional $1,600,000
United States Services
175 Greenwich Street
3 World Trade Center
FL 60-64
New York, NY 10007
Email: US_AR@mckinsey.com;
mailto:info@mckinsey.com
24. Bergstrom (Changzhou) Heat Trade Debt $1,269,530
Exchangers Co., Ltd
28 AoYuan Road New District
Changzhou, Jiangsu
China, 213125
Phone: 8651968008000
Email: SShi@bergstrominc.com
25. Weifang Genius Electronics Trade Debt $1,239,871
Co., Ltd.
No. 37 Fangtai Road
Fangzi District
Weifang City Shandong
Province 261206
China
Phone: (756) 400-6201
Email: daisy.yang@genius-gp.com
26. Ashbaugh Energy Consulting Professional $1,222,341
530 Lakeside Road Services
Fort Erie ON L2A 4Y1
Canada
Phone: (905) 871-8000
Email: ashbaughenergy@gmail.com
27. Shanghai Hdmann Industry Trade Debt $1,093,534
Co., Ltd
Room 1-912
No388 Xinfu Rd.
Shanghai 201100
China
Phone: 862133735789
Email: F5@hdmann.com
28. Crowe LLP Professional $1,011,288
320 E Jefferson Blvd. Services
P.O. Box 7
South Bend, IN 46624-0007
Phone: (972) 365-3437
Email: arremitadv@crowe.com
29. Orr Protection Systems, Inc. Subsidiary/ $994,923
2100 Nelson Miller Pkwy Powin Owned
Louisville, KY 40223 Entity
Name: Erica Khourjian
Phone: (502) 244-4500
Email: opsaccounting@orrprotection.com
30. Miller Nash Graham & Dunn LLP Professional $889,356
PO Box 3585 Services
Portland, OR 97208
Phone: (503) 224-5858
Email: clientservices@millernash.com
31. Carel USA, Inc. Trade Debt $787,295
385 S Oak Street
Manheim, PA 17545
Phone: (717) 664-0500
Email: accounts.receivable_usa@carel.com
32. Propeller Inc Professional $783,792
PO Box 6860 Services
Portland, OR 97228
Phone: (919) 699-0137
Email: lvillarreal@propellerpdx.com
33. Specified Technologies Inc. Trade Debt $777,062
210 Evans Way
Somerville, NJ 08876
Phone: (908) 526-8000
Email: AR@stifirestop.com
34. Building Automation Trade Debt $580,730
Products, Inc.
750 N. Royal Ave.
Gays Mills, WI 54631
Phone: (608) 735-4800
Email: Accountsreceivable@bapisensors.com
35. Schneider Electric IT Professional $568,116
Corporation Services
5081 Collections Center Drive
Chicago, IL 60693-5081
Phone: (401) 789-5735
Email: SEITUSACASH.APPLICATIONTEAM
@schneider-electric.com
36. RH Shipping & Chartering Professional $544,832
(USA) LLC Services
400 N Sam Houston Pkwy
East, Suite 1010
Houston, TX 77060
Phone: +52 33 8851 3180 ext. 1408
Email: mplascencia@rh-shipping.com
37. Mainz Brady Group, Inc. Professional $500,900
PO Box 620375 Services
Woodside, CA 94062
Phone: +1 650-524-8840
Email: accounting@mbg.com
38. McGuireWoods Consulting LLP Professional $483,585
800 East Canal Street Services
Richmond, VA 23219
Phone: (804) 775-1000
Email: artaskforce@mcguirewoods.com
39. CEVA Logistics US, Inc. Professional $469,350
15350 Vickery Drive Services
Houston, TX 77032
Phone: 1-800-888-4949
Email: juanfernando.aguilar@cevalogistics.com
40. SIBA LLC Trade Debt $420,987
29 Fairfield Place
Caldwell, NJ 07006
Phone: (973) 575-7422
Email: info@sibafuse.com
41. GLAS USA LLC Bank Loans $416,230
3 Second Street
Suite 206
Jersey City, NJ 07311
Phone: (212) 808‑3050
Email: clientservices.americas@glas.agency
42. Expeditors International of Professional $409,327
Washington, Inc. Services
1015 Third Avenue
Seattle, WA 98104
Phone: (503) 863-2678
Email: remit@expeditors.com
43. Huizhou Topband Electrical Contract $405,884
Technology Co., LTD Manufacturer
No. 113 Dongxin Ave,
Dongxin Block Dongjiang
Hi-Tech Industrial Park,
Zhongkai District Huizhou,
Dongguang, 516006
China
Phone: 8675527651888
Email: wuxr@topband.com.cn
44. Build AppliedLogix, LLC Trade Debt $400,756
3495 Winton Place,
Building C Suite 2
Rochester, NY 14623
Phone: (585) 678-1027
Email: tduffy@appliedlogix.com
45. 8LOOP Logistics LLC Logistics $384,949
9432 Bradmore Lane
Suite 204
Ooltewah, TN 37363
Phone: (909) 671-9537
Email: accounting@8looplogistics.com
46. Onshape A PTC Business Professional $377,301
121 Seaport Boulevard Services
Boston, MA 0221
Phone: (650) 513-3500
Email: ar-credit@ptc.com
47. c3controls Professional $334,488
664 State Street Services
Beaver, PA 15009
Phone: (724) 775-7926
Email: accounting@c3controls.com
48. Tech Heads Inc. Professional $320,155
7070 SW Fir Loop Services
Portland, OR 97223
Phone: (503) 639-8542
Email: info@techheads.com
49. Kentec Electronics Limited Trade Debt $304,071
25 & 26 Fawkes Avenue,
Questor
Dartford Kent DA1 1JQ
United Kingdom
Phone: +44 1322 222121
Email sales@kentec.co.uk
50. KELLER'S INC Trade Debt $278,208
6750 Gordon Road
Wilmington NC 28411
United States
Contact: Paul Tiso
Phone: (910) 392-7011
Email bdixon@kellersinc.com
POWIN LLC: Files for Chapter 11, To Form New Entity
---------------------------------------------------
Powin LLC, a U.S.-based global energy storage integrator, has
voluntarily filed for Chapter 11 protection under the U.S.
Bankruptcy Code in the District of New Jersey as part of a
strategic effort to address financial liabilities and secure its
core businesses.
According to a statement, to position its core businesses for
long-term success and continue delivering strong support to its
customers, Powin will separate and form a new entity ("Powin
Project LLC" or "business") ensuring ongoing service, greater
focus, and more agile operations aligned with customer priorities.
Built around Powin's core monitoring and engineering service
operations, the new business will continue to deliver critical
support services to customers with a strong foundation for
sustainable growth. The service business has demonstrated
consistent demand and operational strength, making it a natural
anchor for the company's go-forward strategy ensuring asset support
and optimization for our customers.
To lead the new organization, Powin has appointed Brian Kane as
Chief Executive Officer. Brian brings deep industry experience and
a track record of business transformation. Brian has successfully
led the Powin Projects organization for the last four years and
will be responsible for guiding the business through its launch and
scaling its operations while preserving Powin's core service
commitments.
"This is a pivotal moment for Powin," said Brian Kane. "Forming
this organization around our services business through this
critical transition allows us to preserve the value we've built
focus on delivering reliable performance to our customers and
position the organization for long-term viability and success. I'm
proud to lead this next chapter."
About Powin, LLC
Powin LLC is a U.S.-based global energy storage integrator on a
mission to become the world's most trusted energy storage provider,
enabling clean and reliable energy. With data-driven software
controls, proven hardware, and experienced end-to-end project
execution, Powin delivers scalable systems tailored to meet the
needs of modern energy demand. Supported by a globally
diversified, ethically sourced supply chain, Powin bolsters energy
distribution to alleviate grid congestion, reduce costs, and
strengthen aging infrastructure. Relentlessly focused on
innovation and lasting value, Powin optimizes energy management,
mitigates risk, and ensures predictable energy throughout the
lifetime of its projects.
On June 9, 2025 and June 10, 2025, Powin, LLC, and affiliated
debtors filed voluntary petitions for relief under Chapter 11 of
the United States Bankruptcy Code (Bankr. D.N.J. Lead Case No.
25-16137). The cases are pending before the Honorable Michael B.
Kaplan.
Powin is advised in this matter by Dentons as legal counsel, Uzzi &
Lall as financial and restructuring advisor, and Huron as
investment banker. Verita Global is the claims agent and maintains
the page https://www.veritaglobal.net/powin
PREHIRED LLC: Ex-CEO's Motion for Comfort in Beskrone Suit Denied
-----------------------------------------------------------------
Judge Thomas M. Horan of the United States Bankruptcy Court for the
District of Delaware denied the motion for comfort filed by Joshua
Jordan, former chief executive officer of Prehired LLC, in the
adversary proceeding captioned as JOSHUA JORDAN, Plaintiff, v. DON
A. BESKRONE, in his capacity as Chapter 7 Trustee, Defendant, Adv.
Proc. No. 24-50178 (Bankr. D. Del.). The plaintiff's motion for
leave to pursue claims against Don A. Beskrone, Ricardo Palacio,
and Ashby & Geddes, P.A. is denied.
The Plaintiff admits that in December 2023, he logged in to a bank
account held by certain of the Debtors at Wells Fargo Bank. He
withdrew $74,000 from that account and transferred the funds to an
entity called FourLetter, LLC, which then spent the funds.
On Oct. 10, 2024, the Trustee sent the Plaintiff a letter demanding
that the Plaintiff return the funds. In the Demand Letter, the
Trustee notified the Plaintiff that the withdrawals were "improper
and unlawful" and made in knowing violation of the automatic stay
under Bankruptcy Code section 362. The Trustee demanded that the
Plaintiff and/or FourLetter, LLC turn over the funds to the
Trustee.
The Plaintiff told the Trustee that FourLetter spent the funds but
proposed a settlement that did not include returning the funds to
the Debtors' estates.
On Oct. 21, 2024, the Trustee sent another letting advising the
Plaintiff that he was not entitled to the funds and that the
Trustee was not inviting a negotiation. The Trustee once again
demanded the Plaintiff return the funds he withdrew from the Wells
Fargo account.
The Plaintiff alleges that the Trustee's letter demonstrated an
intent to coerce compliance through threats rather than proper
legal process, declaring he would move forward and seek relief from
the Bankruptcy Court to the fullest extent permitted by law and
would faithfully (and zealously) carry out that duty absent full
and immediate compliance.
Because of this correspondence, the Plaintiff asserts causes of
action in the Second Amended Complaint that include:
(i) "Gross Negligence and Breach of Statutory Duties;"
(ii) "Abuse of Process;"
(iii) "Intentional Infliction of Emotional Distress;"
(iv) "Civil Conspiracy;" (v) "Tortious Interference with Business
Relations;
(vi) "Negligent Infliction of Emotional Distress;"
(vii) a "Free Exercise Clause Violation;"
(viii) "Violation of 42 U.S.C. Sec. 1985(2) (Conspiracy to Obstruct
Justice/Intimidate Party);" (ix) "Violation of 42 U.S.C. Sec.
1986 (Neglect to Prevent Conspiracy);"
(x) "Fraudulent Misrepresentation;"
(xi) "Negligent Misrepresentation;" and
(xii) "Declaratory Judgment – Institutional Misconduct."
The Plaintiff seeks tens of millions of dollars in damages and
certain declaratory relief.
On Jan. 10, 2025, the Plaintiff commenced the District Court Action
without first seeking or obtaining permission from the Bankruptcy
Court.
On April 15, 2025, the District Court Defendants filed a Motion to
Dismiss the Second Amended Complaint in the District Court Action,
citing the Barton Doctrine as its primary basis for dismissal. This
Motion to Dismiss is currently pending in the District Court.
On March 20, 2025, the Plaintiff filed the Motion for Comfort. By
the Motion for Comfort, the Plaintiff requests that the Bankruptcy
Court clarify whether it has jurisdiction to determine whether
leave under the Barton Doctrine is required for his claim against
the District Court Defendants before commencing an action in the
District Court.
The District Court Defendants objected to the Motion for Comfort,
alleging primarily that the Plaintiff has violated the Barton
Doctrine by not seeking leave of the Bankruptcy Court before filing
a suit that asserts claims arising out of actions taken in Mr.
Beskrone's official capacity as chapter 7 trustee.
After completion of briefing on the Motion for Comfort, the
Plaintiff filed the Motion for Leave. In the Motion for Leave, the
Plaintiff requests that the Bankruptcy Court grant him leave to
pursue claims against the District Court Defendants in the District
Court Action.
Judge Horan holds that, by commencing an action in the District
Court without obtaining permission from the Bankruptcy Court, the
Plaintiff has violated the Barton Doctrine.
The Bankruptcy Court also determines that the claims asserted in
the District Court Action arise out of actions properly taken by
the District Court Defendants, acting in their official capacities,
to recover funds that the Plaintiff has admitted to withdrawing
from a debtor bank account. For those reasons, the Bankruptcy Court
denies the Motion for Comfort and the Motion to Leave.
A copy of the Court's decision dated May 30, 2025, is available at
https://urlcurt.com/u?l=4RjXC2
About Prehired LLC
Prehired, LLC ws a company in Dover, Del., which trained persons to
sell software.
Prehired and its affiliates filed petitions for relief under
Subchapter V of Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y.
Lead Case No. 22-11293) on Sept. 28, 2022, with up to $10 million
in both assets and liabilities. On Oct. 26, 2022, the cases were
transferred to the U.S. Bankruptcy Court for the District of
Delaware (Bankr. D. Del. Lead Case No. 22-11007). Jami B. Nimeroff
serves as Subchapter V trustee.
Judge John T. Dorsey oversaw the cases.
John J. Keenan, Esq., at Warren Law Group and Pashman Stein Walder
Hayden, P.C. served as the Debtors' bankruptcy counsel and Delaware
counsel, respectively.
The case was converted to Chapter 7 on Nov. 2, 2022. Don Beskrone
is the interim chapter 7 trustee.
PRODUCERS INC: Judgment on Count III in Adversary Case Affirmed
---------------------------------------------------------------
Judge William Fung of the United States District Court for the
Middle District of Florida affirmed the final judgment of the
United States Bankruptcy Court for the Middle District of Florida
as to Count III of the adversary complaint, Faia et al. v. Solares,
et. al., No. 8:21-ap-333-CPM (Bsnkr. M.D. Fla.), pursuant to
Federal Rule of Civil Procedure 54(b).
Three identical appeals were filed related to the Bankruptcy
Court's decision. The appellate cases are styled:
-- VIVIAN SOLARES CAHILL, individually, and MICHAEL GARDNER,
as Personal Representative for the Estate of Sandra F. Gardner,
Appellants v. GREGORY FAIA, VERNON DECOSSAS, III, DNC HOLDINGS,
INC., DOM HOLDINGS, INC., and DOMAIN APPS, LLC, Appellees, Case No.
8:24-cv-00905-WFJ (M.D. Fla.);
-- SIGMUND SOLARES and MICHAEL GARDNER, Appellants v. GREGORY
FAIA, VERNON DECOSSAS, III, DNC HOLDINGS, INC., DOM HOLDINGS, INC.,
and DOMAIN APPS, LLC, Appellees, Case No. 8:24-cv-00906-WFJ (M.D.
Fla.); and
-- THE PRODUCERS, INC., Appellant v. GREGORY FAIA, VERNON
DECOSSAS, III, DNC HOLDINGS, INC., DOM HOLDINGS, INC., and DOMAIN
APPS, LLC, Appellees, Case No. 24-cv-00907-WFJ (M.D. Fla.).
The Debtor is an internet servicer and domain entity known as The
Producers, Inc. As part of this ongoing dispute, the Debtor was
placed into involuntary bankruptcy, which later resulted in a
consent to bankruptcy by the Debtor. This Chapter 7 proceeding
eventually settled after a lengthy procedure, with a conversion to
a confirmed Chapter 11 plan. It is this settlement that the
premeditated plan hatched by the appellants sought to undermine and
upset. The settlement involved DNC Holdings, Inc., Domain Apps,
LLC, and DOM Holdings, Inc., along with appellees Decossas and Faia
entering into a settlement with the Debtor's estate, the Chapter 7
bankruptcy trustee, and appellants Solares and Gardner.
The settlement resolved ownership of DNC, Domain Apps, and DOM. As
part of the settlement, appellees and their entities paid over $4.6
million to appellants Solares and Gardner.
As a result of the settlement, the Bankruptcy Court subsequently
granted the Debtor's request to convert the bankruptcy case to a
Chapter 11 proceeding. Shortly thereafter, the Debtor, under the
management of Solares and Gardner following that conversion, filed
a Chapter 11 Plan of Reorganization and Disclosure Statement.
Based on the evidence presented at a confirmation hearing on May
13, 2021, including the proffer of testimony from appellant
Solares, the Bankruptcy Court entered its Order Confirming Chapter
11 Plan.
As the trial on the merits of the adversary complaint neared,
Solares' sister and Gardner's mother's estate filed a motion to
bifurcate the trial, and to hold trial only on Count III. This
bifurcated proceeding would determine whether any option rights
held by the sister and mother were bona fide, or whether Solares
and Gardner themselves remained the true holders of such rights The
motion sought to bifurcate and try only Count III. In this count,
the adversary complaint sought enforcement of the settlement via a
permanent injunction enjoining appellants from seeking to enforce
the purported option agreements to undermine the settlement. The
gist of this Count III is that the appellants Solares and Gardner,
not their sister and mother, were the beneficial, real parties in
the options.
Solares' sister and Gardner for his mother's estate contended that
the bifurcation would further judicial economy, and resolution of
the nominee issue might resolve the adversary proceeding entirely.
After holding a hearing on this motion, the Bankruptcy Court
entered an agreed order for bifurcation of Count III for trial.
After trial on Count III, the Bankruptcy Court found by clear and
convincing evidence that the sister and mother were nominee holders
of the options, and the beneficial, real owners were Solares and
Gardner.
Count III is closely intertwined with prior orders of the
Bankruptcy Court, including the confirmation order, and would
impact the execution and administration of the Chapter 11 Plan.
That is sufficient to establish related to jurisdiction.
The Bankruptcy Judge certified the Final Judgment under review in
this case Count III of the Adversary Complaint, for appellate
review pursuant to Federal Rule of Civil Procedure 54(b). There are
other counts yet pending in the adversary proceeding, but the Judge
found that there was no just reason to delay finality concerning
Count III. The Bankruptcy Court found that the parties should not
bear the expense of litigating the other counts until this, likely
dispositive count, is resolved. Appellants are in agreement with
this holding and urged it, and so does this Court. Resolving this
count now will serve judicial and litigation economy. Failure to
review this count now would impair Rule 1's admonition to construe
the rules to secure the just, speedy, and inexpensive determination
of every action and proceeding.
Judge Fung holds, "Resolution of Count III will almost certainly
resolve entirely this present bankruptcy-ancillary dispute and
remove the doubt currently cast on the confirmed Chapter 11 Plan.
It will also ensure continuation of the Chapter 11 Plan without
further hindrance or impediment. And it will further the interests
of final, equitable, and enforceable settlements of bankruptcy
disputes. Rule 54(b) certification helps stop the bleeding and end
the heated litigation between these four men that has been ongoing
for eight years now."
The parties and the Bankruptcy Court believe this certification is
appropriate in this matter. So does Judge Fung.
Judge Fung certifies this matter under Rule 54(b). There is no just
reason for delay and final judgment in this case will issue.
Accordingly, the Bankruptcy Court's order is affirmed.
In summary the District Court affirms because:
1) the Bankruptcy Court had subject matter jurisdiction;
2) the Bankruptcy Court did not err as to choice of law; and
3) the appellants received a fair hearing including on their
defenses.
A copy of the Court's decision dated May 19, 2025, is available at
https://urlcurt.com/u?l=Ks5rcc from PacerMonitor.com.
About The Producers Inc.
The Producers, Inc., is a Florida corporation. Its shareholders
are Sigmund Solares and Michael Gardner. Its Chief Executive
Officers is Mr. Solares. Its three primary lines of business
include domain name registrar; domain name ownership; and domain
name monetization through advertising, arbitrage, sales, and
leasing.
On Feb. 21, 2017, Mr. Solares filed a lawsuit in state court in
Louisiana, styled Sigmund Solares v. Gregory Faia, Michael Gardner,
Vernon Decossas, DNC Holdings, Inc., Domain Apps, LLC, Faia and
Associates, LLC, and Faia Development Group, LLC.
Two years later, in May 2019, DNC Holdings and Domain Apps filed a
third-party complaint against TPI, Snow Turtles LTD, Directnic LTD,
and Parked.com LTD. The claims and factual allegations contended
DNC Holdings and Domain Apps were defrauded into purchasing TPI's
assets based on the actions of their own owners, Mr. Faia and Mr.
Decossas, and requested rescission of the transaction.
The claims asserted in the third-party complaint were also pursued
when, on September 12, 2019, DNC Holdings filed the Chapter
Involuntary Petition against TPI (Bankr. M.D. Fla. Case No.
19-08638). Larry Hyman was appointed as Chapter 7 trustee.
Following 13 months of hard-fought litigation in Bankruptcy Court,
the parties reached a conceptual settlement which was eventually
memorialized in the Settlement, resolving all outstanding disputes
between the parties to the Fraudulent Transfer Case and the related
litigation pending in Bankruptcy Court.
At the behest of the parties, the involuntary case was converted to
a Chapter 11 case on March 1, 2021.
The Debtor's counsel:
Steven M. Berman, Esq.
Seth P. Traub, Esq.
SHUMAKER, LOOP & KENDRICK, LLP
101 East Kennedy Blvd., Suite 2800
Tampa, FL 33602
Tel: (813) 229-7600
Fax: (813) 229-1660
PROSPECT MEDICAL: Hires Keen-Summit Capital as Real Estate Broker
-----------------------------------------------------------------
Prospect Medical Holdings, Inc. and its affiliates seek approval
from the U.S. Bankruptcy Court for the Northern District of Texas
to employ Keen-Summit Capital Partners LLC as real estate broker.
The firm will provide these services:
a. coordinate with Debtors the development of due diligence
materials;
b. develop, subject to Debtors' review and approval, a
marketing plan and implement
each facet of the marketing plan;
c. communicate regularly with prospects and maintain records
of communications;
d. solicit offers for a Transaction of the Pennsylvania Real
Estate;
e. assist Debtor in evaluating, structuring, negotiating and
implementing the terms and conditions of a proposed Transaction;
f. develop and implement, subject to Debtors' review and
approval, an auction plan, including arranging auction logistics,
assisting Debtors' counsel with auction bid procedures, assisting
the Debtors to qualify bidders, and running the auction at a
location designated by the Debtors;
g. communicate regularly with Debtors and their professional
advisors in connection with the status of its efforts; and
h. work with Debtors' attorneys responsible for the
implementation of the proposed Transactions, reviewing documents,
negotiating and assisting in resolving problems which may arise.
The broker will be paid at these fees:
a. Transaction Fee: As and when Seller closes a Transaction,
whether such Transaction is completed individually or as part of a
package or as part of a sale of all or a portion of Seller's real
property or as part of a plan of reorganization, then Keen-Summit
shall have earned compensation per Transaction equal to four
percent (4%) of "Gross Proceeds" from the Transaction (the
"Transaction Fee").
b. Minimum Fee: If a party with a right to credit bid, credit
bids or the Property is withdrawn from the scope of this engagement
or the Property is abandoned or any other scenario where
Keen-Summit has not earned a Transaction Fee related to any
Property, Keen-Summit shall be entitled to a fee related to such
Property in the amount set forth on Schedule A of the Retention
Agreement.
Keen-Summit is a "disinterested person" within the meaning of
section 101(14) of the Bankruptcy Code, as required by section
327(a) of the Bankruptcy Code and does not hold or represent any
interest adverse to the Debtor, according to court filings.
The firm can be reached through:
Matthew Bordwin
Keen-Summit Capital Partners LLC
1 Huntington Quadrangle, Suite 2C04
Melville, NY 11747
Tel: (646) 381-9202
Email: mbordwin@keen-summit.com
About Prospect Medical Holdings, Inc.
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' general bankruptcy counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York. The Debtors
also tapped Alvarez & Marsal North America, LLC as financial
advisor; Houlihan Likey, Inc. as investment banker; and Omni Agent
Solutions, Inc. as claims, noticing & solicitation agent.
On Jan. 29, 2025, the Office of the United States Trustee for
Region 6 appointed an official committee of unsecured creditor in
these Chapter 11 cases. The committee tapped Brinkman Law Group, PC
as efficiency counsel.
PUNKO ONE: Nathan Smith Named Subchapter V Trustee
--------------------------------------------------
The U.S. Trustee for Region 17 appointed Nathan Smith, Esq., as
Subchapter V trustee for Punko One, LLC.
Mr. Smith, a partner at Malcolm & Cisneros, will be paid an hourly
fee of $550 for his services as Subchapter V trustee and will be
reimbursed for work-related expenses incurred.
Mr. Smith declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Nathan F. Smith, Esq.
Malcolm & Cisneros
2112 Business Center Drive
Irvine, CA 92612
Phone: (949) 252-9400
Email: nathan@mclaw.org
About Punko One LLC
Punko One, LLC, operating as Muley's Bar & Family Grill, is a local
restaurant and bar establishment located in Spring Creek, Nevada.
Punko One sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 25-50441) on May 15,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $100,000 and $500,000.
Judge Hilary L. Barnes handles the case.
The Debtor is represented by Kevin A. Darby, Esq., at Darby Law
Practice, Ltd.
PURE AVIATION: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------
The U.S. Trustee for Region 7 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Pure Aviation, LLC.
About Pure Aviation LLC
Pure Aviation LLC is a privately held company in Sheridan, Wyo.,
primarily engaged in real estate leasing.
Pure Aviation sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Texas Case No. 25-30335) on March 24, 2025. In
its petition, the Debtor reported between $10 million and $50
million in both assets and liabilities.
Judge Christopher G. Bradley oversees the case.
The Debtor is represented by James Jopling, Esq., at Jim K.
Jopling, Attorney At Law.
Q TECHNOLOGY: Seeks to Hire Michael Jay Berger as Legal Counsel
---------------------------------------------------------------
Q Technology Direct LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of California to hire the Law
Offices of Michael Jay Berger as counsel.
The firm will render these services:
(a) communicate with creditors of the Debtor;
(b) review the Debtor's Chapter 11 bankruptcy petition and all
supporting schedules;
(c) advise the Debtor of its legal rights and obligations in a
bankruptcy petition;
(d) work to bring the Debtor into full compliance with
reporting requirements of the Office of the United States Trustee;
(e) prepare status reports as required by the court; and
(f) respond to any motions filed in the Debtor's bankruptcy
proceeding.
(g) respond to creditor inquiries;
(h) review proofs of claim filed in the Debtor's bankruptcy;
(i) object to inappropriate claims;
(j) prepare Notices of Automatic Stay in all state court
proceedings in which the Debtor is sued during the pendency of its
bankruptcy proceedings; and
(k) if appropriate, prepare a Chapter 11 Plan of
Reorganization for the Debtor.
The firm will be paid at these hourly rates:
Michael Berger, Partner $695
Sofya Davtyan, Partner $645
Angela Gill, Sr. Associate Attorney $595
Robert Poteete, Associate Attorney $475
Senior Paralegals/Law Clerks $275
Paralegals $200
Law Offices of Michael Jay Berger received a retainer of $25,000.
Mr. Berger disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Michael Jay Berger, Esq.
Law Offices of Michael Jay Berger
9454 Wilshire Blvd, 6th Floor
Beverly Hills, CA 90212
Telephone: (310) 271-6223
Facsimile: (310) 271-9805
Email: Michael.Berger@bankruptcypower.com
About Q Technology Direct LLC
Q Technology Direct LLC is a limited liability company.
Q Technology Direct LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-01994) on May 16,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
The Debtors are represented by Michael Jay Berger, Esq. at LAW
OFFICES OF MICHAEL JAY BERGER.
QBD PACKAGING: Seeks to Hire Hester Baker Krebs as Attorney
-----------------------------------------------------------
QBD Packaging, LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Indiana to hire Hester Baker Krebs LLC
as attorneys.
The firm will provide these services:
(a) take necessary or appropriate actions to protect and
preserve the Debtor's estate;
(b) prepare on behalf of the Debtor necessary or appropriate
legal papers in connection with the administration of its estate;
(c) provide advice, represent, and prepare necessary
documentation and pleadings regarding debt restructuring, statutory
bankruptcy issues, post-petition financing, real estate, business
and commercial litigation, tax, and, as applicable, asset
dispositions;
(d) counsel the Debtor with regard to its rights and
obligations and its powers and duties in the continued management
and operations of its business and properties;
(e) take necessary or appropriate actions in connection with a
plan or plans of reorganization and related disclosure statement
and all related documents, and such further actions as may be
required in connection with the administration of the Debtor's
estate; and
(f) act as general bankruptcy counsel for the Debtor and
perform all other necessary or appropriate legal services in
connection with the Chapter 11 case.
The hourly rates of the firm's counsel and staff are as follows:
Jeffrey Hester, Member $450
John Allman, Member $420
Marsha Hetser, Paralegal $215
Tricia Hignight, Paralegal $215
Prior to the filing fate, the Debtor paid an initial retainer and
filing fee to the firm in the amount of $21,694.
Mr. Hester disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Jeffrey M. Hester, Esq.
Hester Baker Krebs LLC
Suite 1330
One Indiana Square
Indianapolis, IN 46204
Telephone: (317) 608-1129
Facsimile: (317) 833-3031
Email: jhester@hbkfirm.com
About QBD Packaging LLC
QBD Packaging, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-90538) on May
5, 2025. In the petition signed by Nnodum Iheme, the Debtor
disclosed up to $10 million in assets and up to $1 million in
liabilities.
Judge Andrea K. McCord oversees the case.
Jeffrey Hester, Esq., at Hester Baker Krebs LLC, represents the
Debtor as legal counsel.
QT HAU: Seeks to Hire Gordon Feinblatt LLC as Bankruptcy Counsel
----------------------------------------------------------------
QT Hau LLC seeks approval from the U.S. Bankruptcy Court for the
District of Maryland to hire Gordon Feinblatt LLC as its bankruptcy
counsel.
The firm's services include:
a. advising Debtor with respect to its powers and duties as a
debtor-in-possession in the continued operation of its business;
b. attending meetings and negotiating with representatives of
creditors and other parties-in-interest;
c. taking necessary actions to protect and preserve Debtor's
estate, including the prosecution of actions on Debtor's behalf,
the defense of any actions commenced against Debtor, and objecting
to claims filed against Debtor's estate;
d. assisting Debtor in connection with preparing necessary
motions, answers, applications, orders, reports, or other legal
papers necessary to the administration of the estate, and appearing
in Court on behalf of Debtor in proceedings related thereto;
e. assisting Debtor in the preparation of a chapter 11 plan
and disclosure statement, and in any other matters and proceedings
in connection therewith, including attending court hearings;
f. representing Debtor in matters which may arise in
connection with its business operations, financial and legal
affairs, dealings with creditors and other parties-in-interest,
sales, and other transactional matters, litigation matters and in
any other matters which may arise during this case; and
g. performing all other necessary legal services in connection
with the prosecution of this case.
The firm shall receive a retainer in the amount of $40,000.
David Musgrave, Esq., a partner at Gordon Feinblatt, 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.
Gordon Feinblatt can be reached at:
David S. Musgrave, Esq.
Gordon Feinblatt, LLC
233 East Redwood Street
Baltimore, MD 21202
Tel: (410) 576-4000
Email: ldandrea@gfrlaw.com
About QT Hau LLC
QT Hau LLC is a single-asset real estate debtor, as defined in 11
U.S.C. Section 101(51B).
QT Hau LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr.) on May 29, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
The Debtors are represented by David S. Musgrave, Esq. at GORDON
FEINBLATT LLC.
R86 LIQUIDATION: Seeks to Hire FGMK LLC as Accountant
-----------------------------------------------------
R86 Liquidation and its affiliates seek approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to hire
FGMK, LLC as their accountant.
The firm will provide these services:
a. prepare the Debtors' Federal and State income tax returns
for 2022 to 2025;
b. prepare the Debtor's Personal Property Tax returns for
2025 for 10 locations in D.C. and Maryland; and
c. provide additional tax services to the Debtors on an
as-needed basis.
FGMK will be compensated with a total fee of $57,000. Such fee
shall be comprised of $52,000 for the preparation of the Debtors'
Federal and State income tax returns for the years 2022 to 2025
(representing compensation of $13,000 per tax year), and $5,000 for
the preparation of the Debtors 2025 Personal Property Tax returns
for eight locations in D.C., and two locations in Maryland.
For additional tax services, FGMK will be paid at these hourly
rates:
Associate $200 to $225
Senior Associate $225 to $275
Manager $275 to $375
Senior Manager $375 to $450
Director $450 to $550
Partner $550 to $650
Michael Fernandez, a partner at FGMK LLC, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Michael Fernandez
FGMK LLC
333 W. Wacker Drive, 6th Floor
Chicago, IL 60606
Tel: (312) 818-4300
About R86 Liquidation
R86 Liquidation and its affiliates filed their petitions for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ill. Lead Case
No. 24-12410) on August 23, 2024, listing up to $50,000 in assets
and $1,000,001 to $10 million in liabilities.
Judge Donald R Cassling presides over the case.
Michael P Richman, Esq. at Richman & Richman LLC represents the
Debtor as counsel.
REBELLION POINT: Seeks to Hire DesRoches & Company as Accountant
----------------------------------------------------------------
Rebellion Point Entertainment, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to hire
DesRoches & Company, CPAs, P.C. as accountant.
The professional services the accountant will render:
a. assist the Debtor with bookkeeping, and preparing its
federal and state tax returns and monthly sales taxes, and annual
tax reports; and
b. perform any other accounting services needed by the Debtor
as part of the bankruptcy proceedings.
The firm will be paid at these rates:
Todd Derby, CPA $250 per hour
Staff $140 per hour
As disclosed in the court filings, Desroches & Company, CPAs, P.C.
is a disinterested person within the meaning of 11 U.S.C. Sec.
101(14).
The firm can be reached through:
Todd Derby, CPA
DesRoches & Company, CPAs, P.C.
2901 S. Lynnhaven Rd, Suite 400
Virginia Beach, VA
Tel: (757) 498-3000
Email: Todd@desrochescpas.com
About Rebellion Point Entertainment
Rebellion Point Entertainment, LLC, also known as East Coast Game
Rooms, is a family-owned retailer and outfitter based in Kitty
Hawk, N.C., with over four decades of experience in both
residential and commercial entertainment spaces. It offers a wide
selection of game room products including arcade machines,
billiards, ping pong, shuffleboard, and custom furniture. It also
provides rentals, delivery, installation, and repair services for
customers in the Outer Banks and broader East Coast region.
Rebellion Point Entertainment filed Chapter 11 petition (Bankr.
E.D. N.C. Case No. 25-01352) on April 14, 2025, listing up to
$500,000 in assets and up to $10 million in liabilities. David M.
Teague, company owner, signed the petition.
Judge Pamela W. Mcafee oversees the case.
William P. Janvier, Esq., at Stevens Martin Vaughn & Tadych, PLLC,
represents the Debtor as legal counsel.
RECORDED BOOKS: OHA Senior Marks $1.1 Million 1L Loan at 36% Off
----------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,160,000 loan
extended to Recorded Books Inc. to market at $746,000 or 64% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Recorded
Books Inc. The loan accrues interest at a rate of 10.07% per annum.
The loan matures on June 15, 2028.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
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.
RHODIUM ENCORE: Stakeholders Want to End Co.'s Bankruptcy Control
-----------------------------------------------------------------
Randi Love of Bloomberg Law reports that the stakeholders in
bitcoin mining firm Rhodium Encore LLC are urging a judge to end
the company's exclusive right to propose a bankruptcy
reorganization plan, allowing others to submit alternative
proposals.
In a June 7, 2025 motion filed in the U.S. Bankruptcy Court for the
Southern District of Texas, an ad hoc group of creditors argued
that Rhodium has effectively held them "hostage" by maintaining
full control over the Chapter 11 process, according to Bloomberg
Law.
The group, comprised of investors who entered into Simple
Agreements for Future Equity (SAFEs), says it represents the
largest class of stakeholders, having contributed around $87
million to Rhodium Enterprises, the report states.
About Rhodium Encore
Rhodium Encore LLC is a founder-led, Texas based, digital asset
technology company utilizing proprietary tech to self-mine bitcoin.
The Company creates innovative technologies with the goal of being
the most sustainable and cost-efficient producer of bitcoin in the
industry.
Rhodium Encore sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 24-90448) on Aug.
24, 2024. In the petition filed by Michael Robinson, as co-CRO, the
Debtor reports lead debtor's estimated assets between $100 million
and $500 million and estimated liabilities between $50 million and
$100 million.
Judge Alfredo R. Perez oversees the case.
The Debtor tapped Quinn Emanuel Urquhart & Sullivan, LLP, as
counsel, and Province, LLC as restructuring advisor.
RIDGE HOME: Seeks to Tap SPERRY-Insignia CRE as Real Estate Broker
------------------------------------------------------------------
Ridge Home Management, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Arizona to employ SPERRY-Insignia CRE as
broker.
The broker will market and sell the Debtor's property located at
2021 W. Washington Street, Phoenix, Arizona 85009.
The broker's commission is 7 percent of the purchase price of the
property. However, if the designated broker, Neil Sherman or Dana
Hearon procure the Buyer, the commission shall be reduced to 6
percent.
SPERRY-Insignia CRE is a "disinterested person" within the meaning
of 11 U.S.C. 101(14), according to court filings.
The broker can be reached through:
Neil Sherman
Dana Hearon
SPERRY-Insignia CRE
2801 E. Camelback Rd, Ste. 200
Phoenix, AZ 85016
Phone: (602) 566-7200
Email: neil.sherman@sperrycga.com
About Ridge Home Management, LLC
Ridge Home Management, LLC, filed a Chapter 11 bankruptcy petition
(Bankr. D. Ariz. Case No. 25-03267) on April 15, 2025, listing up
to $50,000 in both assets and liabilities. The Debtor hires the Law
Office of Mark J. Giunta as counsel.
RIMKUS CONSULTING: OHA Senior Marks $867,000 1L Loan at 85% Off
---------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $867,000 loan
extended to Rimkus Consulting Group Inc. to market at $134,000 or
15% of the outstanding amount, according to OHA Senior's Form 10-Q
for the fiscal year ended March 31, 2025, filed with the U.S.
Securities and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to GI Rimkus
Consulting Group Inc. The loan accrues interest at a rate of 9.55%
per annum. The loan matures on April 1, 2031.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Rimkus Consulting Group Inc.
Rimkus Consulting Group is engaged in providing engineering and
technical consulting services.
RITE AID: Affirms Commitment to Paying Rent to Objecting Landlords
------------------------------------------------------------------
Emlyn Cameron of Law360 reports that Rite Aid, which has filed for
bankruptcy twice, is working to reassure landlords—who have
recently lodged numerous objections—that it will continue to
fulfill its lease obligations despite plans to shutter some of its
stores.
About Rite Aid Corp.
Rite Aid -- http://www.riteaid.com-- is a full-service pharmacy
that improves health outcomes. Rite Aid is defining the modern
pharmacy by meeting customer needs with a wide range of vehicles
that offer convenience, including retail and delivery pharmacy, as
well as services offered through our wholly owned subsidiaries,
Elixir, Bartell Drugs and Health Dialog. Elixir, Rite Aid's
pharmacy benefits and services company, consists of accredited mail
and specialty pharmacies, prescription discount programs and an
industry leading adjudication platform to offer superior member
experience and cost savings. Health Dialog provides healthcare
coaching and disease management services via live online and phone
health services. Regional chain Bartell Drugs has supported the
health and wellness needs in the Seattle area for more than 130
years. Rite Aid employs more than 6,100 pharmacists and operates
more than 2,100 retail pharmacy locations across 17 states.
The Debtors sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D.N.J. Lead Case No. 23-18993) on Oct. 15, 2023. In
the petition signed by Jeffrey S. Stein, chief executive officer
and chief restructuring officer, Rite Aid disclosed $7,650,418,000
in total assets and $8,597,866,000 in total liabilities.
Judge Michael B. Kaplan oversees the cases.
The Debtors tapped Kirkland & Ellis LLP and Kirkland & Ellis
International LLP as general bankruptcy counsel, Cole Schotz, P.C.,
as local bankruptcy counsel, Guggenheim Partners as investment
banker, Alvarez & Marsal North America, LLC as financial, tax and
restructuring advisor, and Kroll Restructuring Administration as
claims and noticing agent.
2nd Attempt
Rite Aid Corp. and subsidiaries sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-14861) on
May 5, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Michael B. Kaplan oversees the case.
The Debtor is represented by Michael D. Sirota, Esq., Warren A.
Usatine, Esq., Felice R. Yudkin, Esq., and Seth Van Aalten, Esq. at
COLE SCHOTZ P.C. and Andrew N. Rosenberg, Esq., Alice Belisle
Eaton, Esq., Christopher Hopkins, Esq., and Sean A. Mitchell, Esq.
at PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP.
Advisors to the Company include Paul, Weiss, Rifkind, Wharton &
Garrison LLP (legal), Guggenheim Securities, LLC (investment
banking), Alvarez & Marsal (financial), and Joele Frank, Wilkinson
Brimmer Katcher (strategic communications). A&G REALTY PARTNERS,
LLC is the Debtor's Real Estate Advisory Services Provider and
KROLL RESTRUCTURING ADMINISTRATION LLC as Claims & Noticing Agent.
RITE AID: Taps Kroll Restructuring as Administrative Advisor
------------------------------------------------------------
New Rite Aid LLC and its debtor-affiliates seek approval from the
U.S. Bankruptcy Court for the District of New Jersey to employ
Kroll Restructuring Administration LLC as administrative advisor.
The firm will render these services:
(a) provide consulting services regarding legal noticing,
claims, management, and reconciliation;
(b) assist with among other things, the preparation of
confidential online workspaces and data rooms;
(c) assist with, among other things, the preparation of the
Debtors' Schedules and Statements and the gathering of data in
conjunction therewith;
(d) assist with, among other things, solicitation, balloting
and tabulation of votes, and prepare any related reports, as
required in support of confirmation of a chapter 11 plan, and in
connection with such services, process requests for documents from
parties-in-interest, including, if applicable, brokerage firms,
bank back-offices, and institutional holders;
(e) prepare an official ballot certification and, if
necessary, testify in support of the ballot tabulation results;
(f) manage and coordinate any distributions pursuant to a
chapter 11 plan; and
(g) provide such other processing, solicitation, balloting and
other administrative services described in the Engagement
Agreement, but not included in the Claim Agent Application, as may
be requested from time to time by the Debtors, the Court, or the
Office of the Clerk of the Bankruptcy Court.
The firm will be paid at these rates:
Analyst $35 to $60 per hour
Technology Consultant $50 to $135 per hour
Consultant/Senior Consultant $75 to $205 per hour
Director $215 to $265 per hour
Solicitation Consultant $235 per hour
Director of Solicitation $275 per hour
Managing Director $300 per hour
Prior to the Petition Date, the Debtors paid the firm an advance in
the amount of $100,000.
Benjamin Steele, a managing director at Kroll Restructuring
Administration, disclosed in a court filing that the firm is a
"disinterested person" as defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Benjamin J. Steele
Kroll Restructuring Administration, LLC
55 East 52nd Street, 17th Floor
New York, NY 10055
Tel: (212) 593-1000
About Rite Aid
Rite Aid is a full-service pharmacy committed to improving health
outcomes. Rite Aid is defining the modern pharmacy by meeting
customer needs with a wide range of solutions that offer
convenience, including retail and delivery pharmacy, as well as
services offered through the Company's wholly owned subsidiary
Bartell Drugs. On the Web: http://www.riteaid.com/
Rite Aid and certain of its subsidiaries previously filed for
chapter 11 bankruptcy in October 2023 and emerged from bankruptcy
in August 2024.
On May 5, 2025, New Rite Aid, LLC and its subsidiaries, including
Rite Aid Corporation, commenced voluntary Chapter 11 proceedings
(Bankr. D.N.J. Lead Case No. 25-14861). As of the 2025 bankruptcy
filing date, Rite Aid operates 1,277 stores and 3 distribution
centers in 15 states and employs approximately 24,500 people. Rite
Aid is using the Chapter 11 process to pursue a sale of its
prescriptions, pharmacy and front-end inventory, and other assets.
The cases are being administered by the Honorable Michael B.
Kaplan.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
advisor, Guggenheim Securities, LLC is serving as investment
banker, and Alvarez & Marsal is serving as financial advisor to the
Company. Joele Frank, Wilkinson Brimmer Katcher is serving as
strategic communications advisor to the Company.
Kroll is the claims agent and maintains the page
https://restructuring.ra.kroll.com/RiteAid2025
Bank of America, N.A., as DIP Agent, is represented by lawyers at
Greenberg Traurig, LLP; and Choate Hall & Stewart LLP.
ROCK STAR: OHA Senior Marks $420,000 1L Loan at 86% Off
-------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $420,000 loan
extended to Rock Star Mergersub, LLC to market at $57,000 or 14% of
the outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Rock Star
Mergersub, LLC. The loan accrues interest at a rate of 9.15% per
annum. The loan matures on December 15, 2031.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Rock Star Mergersub, LLC
Rock Star Acquisitions LLC manufactures and supplies construction
and mining machineries. The Company serves customers in the State
of Louisiana.
ROCKET COMPANIES: Moody's Assigns 'Ba1' CFR, Outlook Stable
-----------------------------------------------------------
Moody's Ratings has assigned a Ba1 long-term senior unsecured
rating to Rocket Companies, Inc.'s (Rocket) new $4.0 billion backed
senior unsecured notes and affirmed Rocket Mortgage, LLC's Ba1
long-term senior unsecured rating. Moody's have also assigned a Ba1
corporate family rating to Rocket Companies, Inc. and withdrew the
Ba1 CFR of Rocket Mortgage, LLC. Moody's have also assigned a
stable outlook to Rocket Companies, Inc. and Rocket Mortgage, LLC's
outlook remains stable.
The proceeds from the issuance will be used to redeem Mr. Cooper
Group Inc.'s (Mr. Cooper, Ba3 on review for upgrade) assumed bonds,
originally issued under Home Point Capital Inc., with any remaining
proceeds used to paydown outstanding debt, following the close of
Rocket's acquisition of Mr. Cooper, which the company expects to
close in late 2025. The notes will have a special mandatory
redemption feature which will include a par call plus accrued
interest payout if the transaction is terminated. Cash proceeds
from the notes will be held in corporate cash until the transaction
closes.
RATINGS RATIONALE
Rocket's Ba1 CFR and senior unsecured debt rating reflect the
company's strong franchise in the US mortgage market, supporting
its strong capitalization and funding profile and its historically
strong earnings capacity. The ratings also capture some key-person
governance risk from its ownership structure.
On March 31, 2025, Rocket announced it had entered into a
definitive agreement to acquire Mr. Cooper in an all-stock
transaction that is expected to close in late 2025. Moody's views
the acquisition's impact on Rocket's financial profile as largely
credit neutral at closing. However, upon successful integration,
Moody's expects the increased scale of the combined entity to drive
both cost and revenue synergies, enhance operating leverage, boost
earnings and moderately reduce earnings volatility. Consequently,
the acquisition may eventually exert positive pressure on Rocket's
ratings.
The Ba1 senior unsecured debt rating is at the same level as
Rocket's Ba1 CFR. These equivalent rating levels reflect priority
of claim and strength of asset coverage considerations. The Mr.
Cooper acquisition will increase Rocket's reliance on secured debt;
however, Moody's believes that within 12-18 months following the
acquisition, the ratio of secured MSRs and secured corporate debt
to total corporate debt will fall below 25%. If this ratio remains
above 25%, negative ratings pressure would likely develop on the
senior unsecured debt ratings, given such debt is subordinated to
the secured debt.
The stable outlook reflects Moody's expectations that Rocket's
current weaker-than-historical profitability will improve over the
next 12-18 months, driven by increased profitability from the Mr.
Cooper acquisition and higher industry origination volumes. Moody's
anticipates that Rocket will maintain its strong financial
profile.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Assuming the Mr. Cooper and Redfin acquisitions close and are
successfully integrated, Moody's expects the increased scale of the
combined entity to drive both cost and revenue synergies, enhance
operating leverage, boost earnings and moderately reduce earnings
volatility. Consequently, the acquisition may eventually exert
positive pressure on Rocket Mortgage's ratings. Assuming non-agency
and non-government mortgages remain a modest percentage of total
originations, Moody's could upgrade the ratings if the company: 1)
demonstrates strong financial resilience as measured by net income
to average assets (excluding mortgage servicing rights [MSR] fair
value marks) in excess of 4.0%, 2) maintains a solid capital
position as measured by tangible common equity (TCE) to tangible
managed assets (TMA) above 25%, and 3) maintains strong liquidity
and funding as measured by secured debt to gross tangible assets
below 50%, secured MSR debt and secured corporate debt to total
corporate debt below 25%, and low refinance risk on its warehouse
facilities with an average maturity runway of more than 12 months.
The company's ratings could be downgraded if its financial profile
or franchise position weaken; in particular, if TCE/TMA declines to
less than 20% or if profitability remains weak such that Moody's
expects net income to average assets to remain below 3.0%. In
addition, negative ratings pressure could develop if: 1) the
percentage of non-agency and non-government loan origination
volumes grow to more than 15% of the company's total originations
without a commensurate increase in alternative liquidity sources
and capital to address the riskier liquidity and asset quality
profile that such an increase would entail, or 2) refinance risk
increases such that the average remaining time to maturity of the
company's warehouse lines decreases and Moody's expects it to
remain less than 12 months. If secured MSR debt and secured
corporate debt to total corporate debt increases and Moody's
expects it to remain above 25%, Moody's could downgrade the
long-term senior unsecured debt ratings, as it would further
subordinate the debt's priority ranking.
Moody's have decided to withdraw the rating(s) for Moody's own
business reasons.
SANTIS & ARGENTA: Seeks to Hire Van Horn Law Group as Counsel
-------------------------------------------------------------
Santis & Argenta, LLC filed an amended application seeking approval
from the U.S. Bankruptcy Court for the Southern District of Florida
to employ Van Horn Law Group, P.A. as counsel.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties in
the continued management of its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S Trustee's Operating Guidelines and Reporting
Requirements and with the rules of the court;
(c) prepare legal papers;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiations with its creditors in
the preparation of the plan.
The hourly rates of the firm's law clerk, paralegals, and attorneys
range from $150 to $450.
In addition, the firm will seek reimbursement for out-of-pocket
expenses incurred.
The firm received a retainer in the total amount of $12,238 from
the Debtor.
Chad Van Horn, Esq., an attorney at Van Horn Law Group, disclosed
in a court filing that the firm is a "disinterested person" as
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Chad T. Van Horn, Esq.
Van Horn Law Group, PA
500 NE 4th Street, Suite 200
Fort Lauderdale, FL 33301
Telephone: (561) 621-1360
Email: info@cvhlawgroup.com
About Santis & Argenta
Santis & Argenta, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-13236) on April
3, 2024. In the petition signed by Andrey Argenta, president, the
Debtor disclosed under $1 million in both assets and liabilities.
Judge Scott M. Grossman oversees the case.
Chad T. Van Horn, Esq., at Van Horn Law Group, PA represents the
Debtor as bankruptcy counsel.
SARVER REALTY: Seeks to Hire Newmark Southern Region as Broker
--------------------------------------------------------------
Sarver Realty Andre Plaza, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Pennsylvania to employ
Newmark Southern Region, LLC as broker.
The firm will sell the Debtor's property located on McKnight Road,
Pittsburgh, PA 15237.
Newmark will receive a commission of 5 percent of the purchase
price, if co-brokered, or 4.5 percent if Newmark Southern Region,
LLC is the only broker involved.
Newmark Southern Region, LLC is a "disinterested" person within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached through:
David Dolan
Newmark Southern Region, LLC
2005 Market Street, Suite 900
Philadelphia, PA 19103
Email: David.Dolan@nmrk.com
Phone: (215) 246-2738
About Sarver Realty Andre Plaza
Sarver Realty Andre Plaza LLC is a single-asset real estate company
based in Pittsburgh, PA.
Sarver Realty Andre Plaza LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-20017) on January
3, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Ryan J. Cooney, Esq., at Cooney Law Offices LLC represents the
Debtor as counsel.
SCHILLER PARK: Seeks to Extend Plan Exclusivity to September 30
---------------------------------------------------------------
Schiller Park Hospitality LLC asked the U.S. Bankruptcy Court for
the Northern District of Illinois to extend its exclusivity periods
to file a plan of reorganization and obtain acceptance thereof to
September 30 and December 1, 2025, respectively.
The instant bankruptcy proceeding was filed under Chapter 11 of the
Bankruptcy Code on January 30, 2025.
The Debtor explains that the new requested extension dates of
September 30, 2025, and December 1, 2025, are well within the time
limitations set by Section 1121(d) of the Bankruptcy Code.
The Debtor claims that the sale of its principal asset has not yet
occurred. The extension of times for both deadlines will not
prejudice any creditors or the United States Trustee.
Schiller Park Hospitality, LLC:
Paul M. Bach, Esq.
Penelope N. Bach, Esq.
Bach Law Offices, Inc.
P.O. BOX 1285
Northbrook, IL 60062
Telephone: (847) 564 0808
About Schiller Park Hospitality
Schiller Park Hospitality, LLC, a company in Skokie, Ill., filed a
Chapter 11 petition (Bankr. N.D. Ill. Case No. 25-01447) on January
30, 2025, listing between $10 million and $50 million in both
assets and liabilities. The petition was signed by Amin Amdani as
managing member.
Judge David D Cleary oversees the case.
The Debtor is represented by Paul M. Bach, Esq., at Bach Law
Offices.
CRE Bridge Capital, LLC, as lender, is represented by Harold D.
Israel, Esq. of Levenfeld Pearlstein, LLC.
SCV GRAPHIC: Seeks to Hire Keck Legal LLC as Bankruptcy Counsel
---------------------------------------------------------------
SCV Graphic Productions Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Georgia to hire Keck
Legal, LLC as counsel.
The firm will render these services:
(a) give the Debtor legal advice with respect to its powers
and duties;
(b) prepare on behalf of the Debtor necessary legal papers;
(c) assist examination of the claims of creditors;
(d) assist with formulation and preparation of the disclosure
statement and plan of reorganization and with the confirmation and
consummation thereof; and
(e) perform all other legal services for the Debtor.
The firm will be paid at these rates:
Benjamin R. Keck $465 per hour
Jonathan Clements $350 per hour
Omar Esquivel Breton $195 per hour
Selah Owusu $125 per hour
Miguel Quinonez $105 per hour
Ashleigh Rucker $95 per hour
On March 26, 2025, the Debtor paid an initial retainer deposit of
$15,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Keck 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:
Benjamin Keck, Esq.
Keck Legal, LLC
2801 Buford Highway NE, Suite 115
Atlanta, GA 30329
Tel: (470) 826-6020
Email: bkeck@kecklegal.com
About SCV Graphic Productions Inc.
SCV Graphic Productions Inc., operating as Dangling Carrot
Creative, is a custom graphics and display manufacturing company
that specializes in manufacturing custom displays, signage, and
creative installations using materials such as composites,
plastics, and foams, alongside printing and imaging technology. The
company maintains operations in both Fayetteville, Georgia and
Valencia, California, with its principal place of business located
in Georgia.
SCV Graphic Productions Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-10613) on April
28, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Benjamin R. Keck, Esq. at Keck Legal,
LLC.
SHARP DEVELOPERS: Section 341(a) Meeting of Creditors on July 8
---------------------------------------------------------------
On June 5, 2025, Sharp Developers LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the District of Arizona. According
to court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will not be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on July
8,2025 at 09:45 AM as a Telephonic Hearing.
About Sharp Developers LLC
Sharp Developers LLC holds trust interests in two properties
located at 355 S Nebraska St in Chandler, Arizona, and 3801 N 3rd
St in Phoenix. The combined value of these interests is estimated
at $3.8 million.
Sharp Developers LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No. 25-05149) on
June 5, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
The Debtors are represented by Richard Freeth, Esq. at OMNUS LAW.
SHOREVIEW HOLDING: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------------
The U.S. Trustee for Region 7 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 cases of Shoreview Holding, LLC and its affiliates.
About Shoreview Holding
Shoreview Holding, LLC a company in Austin, Texas, and five
affiliates filed Chapter 11 petitions (Bankr. W.D. Texas Lead Case
No. 25-10566) on April 24, 2025. In its petition, Shoreview Holding
reported between $50 million and $100 million in both assets and
liabilities.
Judge Shad Robinson handles the cases.
The Debtors are represented by Stephen J. Humeniuk, Esq., at
Troutman Pepper Locke, LLP.
SITIO ROYALTIES: Fitch Puts 'B+' LongTerm IDR on Watch Positive
---------------------------------------------------------------
Fitch Ratings has placed Sitio Royalties Operating Partnership,
LP's (Sitio) 'B+' Long-Term Issuer Default Rating (IDR) on Rating
Watch Positive (RWP). Sitio's senior unsecured notes due 2028
co-issued with Sitio Finance Corp. and rated at 'BB-'/'RR3' have
also been placed on RWP.
The RWP follows the definitive agreement under which Viper Energy,
Inc. (Viper; BBB-/Stable) will acquire Sitio in an all-equity
transaction. Viper is a subsidiary of Diamondback Energy, Inc
(BBB+/Stable). Both Sitio and Viper are mineral and royalty
interest owners focused on the Permian oil basin. Sitio's ratings
may potentially be upgraded by multiple notches after the deal
completion. Viper expects to close the acquisition in 3Q25 subject
to customary regulatory approvals. The deal may take more than six
months to finalize.
Key Rating Drivers
Possible Rating Uplift from Viper: Fitch expects Sitio to strongly
benefit from parent-subsidiary linkages with Viper if the
acquisition closes. Both companies operate in the same sector.
Sitio's enterprise value will be around a quarter of the combined
entity, which is a significant share. Fitch expects Sitio to be
closely integrated into Viper's operations following acquisition
completion.
Lager Scale, Focus on Permian: Viper's 1Q25 production was around
87 thousand barrels of oil equivalent per day (kboe/d) pro forma
for acquisitions agreed upon before Sitio. Sitio's production was
41 kboe/d in the same period. The combined entity will heavily
focus on the Permian basin, with limited exposure to the DJ, Eagle
Ford and Williston basins. Fitch estimates that Sitio will increase
Viper's midcycle EBITDA by approximately one-third. Fitch projects
that the combined EBITDA will reach $1.7 billion at Fitch's
midcycle oil and gas price assumptions.
Leverage to Decrease: Fitch recognizes Viper's commitment to
conservative M&A funding, given its $1.2 billion primary equity
offering completed in February 2025. Fitch expects Viper's midcycle
EBITDA leverage to remain below 1.5x, marginally lower than
Fitch-projected midcycle 1.5x leverage for Sitio. The new debt
structure for Viper should become clearer as the deal nears
completion.
Low-Cost Structure, Strong FCF: Sitio does not have working
interest in oil and gas properties, which exempts it from the
majority of costs associated with hydrocarbon production. It does
not incur capex to sustain its production volume, which
considerably improves its FCF relative to working interest upstream
producers with similar EBITDA. It does not incur abandonment costs,
and its operating costs include only production taxes, some
gathering and transportation, and general and administrative (G&A)
expenses. Fitch estimates operating costs were just $5.7 per barrel
of oil equivalent (boe) in 1Q25, compared to Sitio's average
realized price of $43.1/boe.
Improved Resiliency Through the Cycle: Fitch forecasts Sitio's
pre-dividend FCF margin to average 73% in 2025-2029. The low-cost
base makes the company less vulnerable to sharply lower prices than
working interest upstream producers. However, it has no control
over the upstream development activity of its lessees and can only
revoke the right to exploit its mineral interests after several
years of limited use. Sitio tries to buy the most promising acreage
with the lowest breakeven prices, which upstream companies are more
likely to develop.
Projected Debt Reduction: Sitio's management aims to pay out at
least 65% of its EBITDA, minus accrued debt interest and estimated
cash taxes, as shareholder distributions. Its targeted minimum
dividend is 35% of discretionary FCF and approximately 30% more can
be allocated to share buybacks and dividends. The rest is
designated for debt repayment, liquidity improvement, and
acquisitions.
Financials Published by Parent: Fitch adjusts financial statements
published by Sitio Royalties Corp., Sitio's parent, to calculate
Sitio's metrics. Sitio does not plan to publish audited financials.
However, the parent's only asset is Sitio, of which it holds only
51% of the economic interest. The remaining 49% economic interest
is owned by Class C shareholders of Sitio Royalties Corp. Fitch
reclassified distributions paid to Class C shareholders from
noncontrolling interest distributions to common dividends to
estimate Sitio's credit metrics based on the parent's audited
financials.
Peer Analysis
Sitio's business model is the same as Viper Energy, Inc.'s. Both
companies are pure non-working interest mineral rights holders with
high margins and no capex. Sitio has a smaller production scale (41
kboe/d) than Viper (87 kboe/d in 1Q25 pro forma for the completed
acquisitions) and has lower reserves. It is concentrated in the
Permian Basin, like Viper but has substantial exposure to other
U.S. basins. Sitio has lower operating netbacks before interest, at
$37/boe in 1Q25, than Viper, at $44/boe, due to lower oil exposure
and higher G&A expense. Its interest costs are also higher than
Viper's.
Viper's relationship with Diamondback reduces counterparty risk
through visibility into development plans and prioritization of
Viper acreage, as Diamondback operates the majority of Viper's net
royalty acreage. Unlike Viper, Sitio is not dependent on any single
exploration and production (E&P) operator. Viper's leverage is
slightly below Sitio's at midcycle prices, while Fitch expects both
to remain within the 1.0x-1.5x range.
Northern Oil and Gas, Inc. (NOG; B+/Positive), a non-operator
working interest E&P company, has greater exposure to fluctuations
in operating and capital costs. NOG acquires working interests in
leaseholds, contributes capital to the development and drilling
activity of wells, and bears additional operating costs. As a
result, NOG's margins are materially lower than Sitio's, even
though NOG's production size is substantially larger. Like Sitio,
NOG does not have control over production decisions, although it
may opt out of wells in which it does not wish to participate.
Key Assumptions
- West Texas Intermediate oil prices of $60 per barrel (bbl) in
2025 and 2026, $57/bbl in 2027, 2028 and at midcycle;
- Henry Hub natural gas prices of $3.25/mcf in 2025, $3/mcf in 2026
and $2.75/mcf in 2027, 2028 and at midcycle;
- Oil and gas production at 40 kboe/d in 2025, declining to 38
kboe/d by 2029;
- Shareholder distributions at 65% of pre-dividend FCF;
- $200 million of discretionary cash outflows in 2027-2029
combined.
Recovery Analysis
The recovery analysis assumes Sitio would be reorganized as a
going-concern (GC) in bankruptcy rather than liquidated. Fitch has
assumed a 10% administrative claim.
Going-Concern Approach
Sitio's GC EBITDA estimate of $240 million reflects Fitch's view of
a sustainable, post-reorganization EBITDA level upon which Fitch
bases the enterprise valuation (EV). This value is based on
stress-case oil and gas prices, as well as expectations for reduced
production volumes. GC EBITDA was raised from the last rating
review to reflect net acquisitions over the last 12 months.
An EV multiple of 5.5x was applied to the GC EBITDA to calculate a
post-reorganization EV of $1.2 billion. The multiple is above the
median 5.3x exit multiple for energy in Fitch's Energy, Power and
Commodities Bankruptcy Enterprise Values and Creditor Recoveries
(2024 Fitch Case Studies). The 5.5x multiple is also significantly
higher than multiples normally used for U.S. working interest oil
and gas producers, such as NOG with 3.5x EV multiple, as Sitio does
not have to incur capex or production costs.
Liquidation Approach
The liquidation estimate reflects Fitch's view of the value of
balance sheet assets that can be realized in sale or liquidation
processes conducted during a bankruptcy or insolvency proceeding
and distributed to creditors. For liquidation value, Fitch applied
an 80% advance rate to the company's receivables and added an
approximation of the PV-10 value of Sitio's reserves, based on
Fitch's current stress-case oil and gas prices.
The maximum of these two approaches was the GC approach.
Fitch assumed Sitio's $925 million borrowing base RBL to be 90%
drawn upon default. Sitio also has $600 million of senior unsecured
notes subordinated to the RBL facility. The allocation of value in
the liability waterfall results in recovery corresponding to 'RR3'
for the unsecured notes.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Weakening liquidity;
- Material deterioration of reserve life or production volumes;
- Mid-cycle EBITDA leverage above 3.0x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch expects to resolve the RWP upon completion of the
contemplated transaction broadly under the proposed terms.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade Independent of the Transaction Include
- Increased scale, with mid-cycle EBITDA above $500 million;
- Mid-cycle EBITDA leverage below 2.0x.
Liquidity and Debt Structure
Sitio's nearest debt maturity is in 2027, when its $925 million RBL
facility expires. The company has $486 million drawn under the
facility as of March 31, 2025. The other piece of debt is a $600
million unsecured bond due in 2028. The company maintains a small
amount of cash. Fitch expects Sitio to generate significant FCF in
2025-2029, which further supports its liquidity.
Issuer Profile
Sitio acquires and manages mineral and royalty interests in oil and
natural gas properties in the U.S. focused on the Permian basin.
Summary of Financial Adjustments
Fitch estimates Sitio's financials using Sitio Royalty Corp.'s
public financial statements. Fitch treats Sitio Royalty Corp.'s
distributions paid to non-controlling interests as dividends paid
to common shareholders.
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
----------- ------ -------- -----
Sitio Royalties
Operating
Partnership, LP LT IDR B+ Rating Watch On B+
senior
unsecured LT BB- Rating Watch On RR3 BB-
Sitio Finance
Corp.
senior
unsecured LT BB- Rating Watch On RR3 BB-
SITIO ROYALTIES: Moody's Puts 'B1' CFR on Review for Upgrade
------------------------------------------------------------
Moody's Ratings placed Sitio Royalties Corp.'s (Sitio) ratings on
review for upgrade, including its B1 Corporate Family Rating, B1-PD
Probability of Default Rating and B3 senior unsecured notes rating
at Sitio Royalties Operating Partnership, LP. Previously, the
outlook for both entities was stable. Sitio's SGL-3 Speculative
Grade Liquidity (SGL) rating remains unchanged.
This action follows a definitive agreement reached by Viper Energy,
Inc. (Viper, Ba1 stable) to acquire Sitio in a $4.1 billion
all-stock transaction, including Sitio's net debt.[1] Sitio
shareholders will receive 0.4855 Viper shares for each Sitio share.
The transaction is expected to close during the third quarter of
2025, subject to regulatory approvals and other customary closing
conditions.
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
Sitio's ratings were placed on review for upgrade based on its
potential ownership by Viper, which has a stronger credit profile,
underpinned by a larger asset base, lower level of financial
leverage, and operating and strategic importance to its parent
Diamondback Energy, Inc. (Baa2 stable). Sitio's sizeable Permian
Basin acreage is complementary to Viper's and will improve Viper's
production and acreage position in this attractive basin.
Viper expects to retire the existing debt at Sitio and replace it
with a combination of newly-issued debt and borrowing under its
existing revolving credit facility. In that case, Moody's will
likely withdraw all of Sitio's ratings. If Sitio's notes remain
outstanding and are assumed or guaranteed by Viper, then the
ratings on the notes would be upgraded to Viper's rating level. If
Sitio were to become an unguaranteed subsidiary of Viper
post-acquisition and continue to provide separate audited financial
statements going forward, then its ratings would likely be upgraded
based on the level of parental support.
Sitio Royalties Corp. (Sitio), based in Denver, Colorado, is a
publicly listed company engaged in owning oil and gas mineral
royalties and overriding royalty interests in the Permian Basin, DJ
Basin, Eagle Ford Shale and Williston Basin.
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
SLM MILLEDGEVILLE: Bank Seeks to Submit Update by June 18
---------------------------------------------------------
In the case styled Valley National Bank, Plaintiff v. SLM
Milledgeville, LLC; SLM Camilla, LLC; Senior Living Properties –
Milledgeville, LLC; Senior Living Properties - Camilla, LLC; Uri
Rubin; Dennis L. Wagner; Chuan S. Wang; and Andrew Hsu, Defendants,
Case No. 1:25-cv-03824-JHR (S.D.N.Y.), the Plaintiff, through its
counsel, asks that the Court hold its application for the
appointment of a receiver in abeyance until June 18, 2025, and that
Plaintiff be permitted to provide the Court with an update on said
Application, as well as the updated proposed order previously
requested by the Court on or before June 18.
The Plaintiff brings this action alleging that Defendants (i)
breached a 2019 loan agreement and promissory note by failing to
timely make payments and failing to repay the Loan after its
maturity date; (ii) violated related guaranties; and (iii)
defaulted on an agreement for a credit card facility.
On May 12, 2025, the Court ordered that the Defendants, either in
person or by their attorneys, show cause before the Hon. Jennifer
H. Rearden, United States District Judge, by teleconference on May
23, why an order should not be issued pursuant to Rule 66 of the
Federal Rules of Civil Procedure (i) appointing KCP Advisory Group
as receiver for the properties during the pendency of this action;
(ii) appointing KCP as receiver for the senior living facilities at
the properties; (iii) granting such other and further relief as the
Court deems just, proper, and equitable.
On May 22, 2025, the Defendants not having appeared, the Court
issued an Order directing Defendants to inform the Court whether
they intended to oppose Plaintiff's request, and, if they intended
to oppose, to propose an expedited briefing schedule.
That same day, the Plaintiff filed a letter stating that Plaintiff
and Defendants had engaged in settlement discussions that may lead
to a framework for the consensual resolution of this matter.
On June 2, the Court ordered that hearing on Plaintiff's
application for the appointment of a receiver scheduled for June 3
is adjourned sine die. The Plaintiff was required by June 9 to file
a revised Proposed Order Appointing Receiver that includes
conclusions of law. The Plaintiff is further directed, by June 10,
to serve its revised Proposed Order Appointing Receiver on
Defendants by e-mail and to file proof of such service.
On June 6, Benjamin Rubinstein, Esq., Plaintiff's counsel, asked
that the Court hold its application for the appointment of a
receiver in abeyance until June 18, and that Plaintiff be permitted
to provide the Court with an update on said Application, as well as
the updated proposed order previously requested by the Court on or
before June 18.
SLM Milledgeville, LLC owns and operates two senior living
facilities in Georgia.
The Plaintiff is represented by:
Benjamin Rubinstein, Esq.
K&L GATES LLP
One Newark Center, Tenth Floor
Newark, NJ 07102
Telephone: (973) 848-4000
Facsimile: (973) 848-4001
E-mail: benjamin.rubinstein@klgates.com
SOLO REAL ESTATE: Seeks to Hire Herrin Law PLLC as Legal Counsel
----------------------------------------------------------------
Solo Real Estate LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Texas to hire Herrin Law, PLLC as
counsel.
The firm's services include:
a. providing legal advice with respect to his powers and
duties as debtor-in-possession;
b. preparing and pursuing confirmation of a plan and approval
of a disclosure statement;
c. preparing on behalf of the Debtors necessary applications,
motions, answers, orders, reports and other legal papers;
d. appearing in Court and protecting the interests of the
Debtor before the Court; and
e. performing all other legal services for the Debtor which may
be necessary and proper in these proceedings.
The firm will be paid at these rates:
Manolo Raphael Santiago, Esq. $400 per hour
C. Daniel C. Herrin, Esq. $400 per hour
Attorneys $300 per hour
Paralegals $125 to 190 per hour
Prior to the filing of this case, the Debtor paid the firm the
amount of $15,000 as retainer.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Manolo Raphael Santiago, Esq. a managing partner at Herrin Law,
PLLC, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
C. Daniel Herrin, Esq.
Herrin Law, PLLC
12001 N. Central Expy, Suite 920
Dallas, TX 75243
Tel: (469) 607-8551
Fax: (214) 722-0271
About Solo Real Estate LLC
Solo Real Estate operates a commercial real estate business based
in Garland, Texas.
Solo Real Estate LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D. Tex. Case No.
25-41284) on May 5, 2025, listing $1 million to $10 million in both
assets and liabilities. The petition was signed by Juan Carlos
Perez as managing member.
C. Daniel Herrin, Esq. at HERRIN LAW, PLLC represents the Debtor as
counsel.
STEEL FABRICATORS: Plan Exclusivity Period Extended to July 21
--------------------------------------------------------------
Judge Joseph G. Rosania, Jr. of the U.S. Bankruptcy Court for the
District of Colorado extended Steel Fabricators Inc.'s exclusive
period to file a plan of reorganization to July 21, 2025.
In a court filing, the Debtor operates a construction and steel
fabrication company.
The Debtor commenced their Chapter 11 bankruptcy proceeding due to
MCA loans freezing its accounts and receivables as well as
construction related delays and supply chain issues. Since filing,
the Debtor has been working to release these freezes and regain
stable business operations.
The Debtor explains that it requires additional time to experience
the stabilization and improvement of operations, to formulate
meaningful projections of future performance, as well as to
continue to meet and discuss with certain creditors and vendors and
negotiate Plan of Reorganization.
Steel Fabricators Inc. is represented by:
Katherine S. Sender, Esq.
Wolf Helfrich & Factor, P.C.
1600 Stout Street, Suite 1900
Denver, CO 80202
Telephone: (303) 534-4499
Email: KSender@allen-vellone.com
About Steel Fabricators
Steel Fabricators Inc., doing business as SFI, provides steel
fabrication services.
Steel Fabricators Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Col. Case No. 24-17584)
on December 23, 2024. In the petition filed by Heidi Fox, CEO, the
Debtor reports estimated assets between $500,000 and $1 million and
estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Joseph G. Rosania Jr. handles the case.
Wolf Helfrich & Factor, PC serves as the Debtor's counsel.
STICKY'S HOLDINGS: Judge Expresses Doubt Over Ch. 11 Plan Changes
-----------------------------------------------------------------
Ben Zigterman of Law360 Bankruptcy Authority reports that on
Friday, June 6, 2025, a New York bankruptcy judge raised concerns
over the extent of changes made by Sticky's, a well-known chicken
restaurant chain, to its previously confirmed Chapter 11 plan after
securing a buyer to prevent liquidation.
The judge said she plans to reconvene the parties on Monday to
deliver her decision on the revised plan.
About Sticky's Holdings
Sticky's Holdings LLC and its affiliates operate a chain of
restaurants in New York and New Jersey.
The Debtors filed Chapter 11 petitions (Bankr. D. Del. Lead Case
No. 24-10856) on April 25, 2024. In the petitions signed by Jamie
Greer, CEO, Sticky's Holdings disclosed $5,754,177 in total assets
and $4,677,476 in liabilities.
Judge J. Kate Stickles oversees the cases.
The Debtors tapped John W. Weiss, Esq., at Pashman Stein Walder
Hayden, PC as legal counsel and Kurtzman Carson Consultants LLC as
administrative advisor.
STV GROUP: OHA Senior Marks $875,000 1L Loan at 79% Off
-------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $875,000 loan
extended to STV Group, Inc. to market at $183,000 or 21% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to GI STV
Group, Inc. The loan accrues interest at a rate of 11.5% per annum.
The loan matures on March 20, 2030.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About STV Group, Inc.
STV Group Inc. advises, plans, designs, engineers and delivers the
infrastructure that powers local economies, including
transportation, buildings and water.
SUNCOKE ENERGY: Moody's Affirms 'B1' CFR, Outlook Remains Stable
----------------------------------------------------------------
Moody's Ratings affirmed SunCoke Energy, Inc.'s (SunCoke) ratings
including its B1 corporate family rating, B1-PD probability of
default rating, and the B1 rating on the senior secured first lien
notes due 2029. The outlook remains stable. Its Speculative Grade
Liquidity Rating of SGL-2 remains unchanged.
"The affirmation of SunCoke's ratings reflects the expectation it
will maintain credit metrics commensurate with its ratings on a pro
forma basis including the mostly debt financed acquisition of Flame
NewCo, LLC (Phoenix Global, B3 stable). It also incorporates the
uncertainty around forthcoming blast furnace coke contract renewals
and the risk of a secular decline in domestic coke demand and the
potential required investments to potentially add pig iron
production", said Michael Corelli, Moody's Ratings' Senior Vice
President and lead analyst for SunCoke.
RATINGS RATIONALE
SunCoke's B1 corporate family rating reflects its moderate current
leverage and Moody's expectations it will only modestly rise on a
pro forma basis including the mostly debt funded acquisition of
Phoenix Global, which will add new services, diversify the
company's customer base and provide some geographic
diversification. The rating also reflects the earnings floor
offered by SunCoke's long-term take-or-pay contracts, which is
somewhat offset by potential event and contract renewal risks
related to its high customer concentration and reliance on the high
carbon emitting and volatile integrated steel sector. These factors
are leading to lower earnings in the near term and expiring blast
furnace coke contracts create further downside risk. Its rating
acknowledges the strength of SunCoke's relationships with its
steelmaking customers, which despite headwinds faced by the
industry in the past, either continued to take contracted
deliveries or provided make-whole payments or extended contracts on
largely similar terms in exchange for short-term volume relief. The
company's coke supply contracts allow for the pass-through of most
costs, including metallurgical coal, the principal raw material
input and the largest cost component in the coke-making process.
The rating also reflects the company's portfolio of efficient and
technologically advanced coke batteries which gives it a
competitive advantage over aging coke making facilities in North
America that could continue to close due to environmental
challenges and higher costs.
SunCoke has entered into a definitive merger agreement to pay $325
million to acquire the common units of Flame Aggregator, LLC, which
together with its subsidiaries operates as Phoenix Global. Phoenix
Global is a privately held provider of mill services to major steel
producing companies. SunCoke will fund the $325 million transaction
with existing cash and about $230 million of borrowings under its
undrawn $350 million revolving credit facility. SunCoke estimates
it is paying about 5.4x trailing adjusted EBITDA of $61 million for
the LTM period ended March 31, 2025. This excludes about $5 million
- $10 million of expected synergies.
The acquisition of Phoenix Global will enhance SunCoke's customer
and geographic diversity, expand its service offerings and increase
its exposure to electric arc furnace (EAF) steel producers which
have more favorable secular growth characteristics than its core
integrated steel customers. It also adds a business with stronger
growth characteristics than its core cokemaking business and
provides the opportunity to achieve estimated synergies of $5
million - $10 million. Nevertheless, SunCoke is acquiring a
business that recently exited bankruptcy due to operational and
financial issues, historically generates inconsistent cash flows,
and also has relatively high customer concentration. This deal
appears to be defensive in nature due to the secular risks for
existing integrated steel customers and raises SunCoke's pro forma
Moody's adjusted leverage ratio to about 2.7x from 2.3x based on
Moody's 2025 earnings expectations. However, this leverage level
will continue to support the B1 corporate family rating. This
calculation assumes about $270 million in pro forma combined
adjusted EBITDA including around $210 million - $220 million from
SunCoke and $50 million - $60 million from the Phoenix
acquisition.
SunCoke's standalone earnings will significantly decline in 2025 as
the extension of its Granite City cokemaking contract with United
States Steel Corporation (U. S. Steel, Ba3 stable) is at lower
economics and will adversely impact its financial results. It will
also be negatively impacted by lower margins on higher spot coke
sales due to challenging market conditions including tepid steel
demand and oversupply in the seaborne coke market driving down coke
pricing. The company should still be able to generate positive free
cash flow even after dividend payments since it anticipates only
about $65 million of capital expenditures.
SunCoke's standalone earnings could decline further in 2026
depending on the economics of contract renewals with
Cleveland-Cliffs Inc. and its capital spending could ramp up
depending on the possible acquisition of U. S. Steel's Granite City
Works blast furnaces and the construction of a granulated pig iron
facility. However, this potential investment remains on hold
pending the outcome of the potential acquisition of U. S. Steel by
NIPPON STEEL CORPORATION (Baa2 stable). If earnings decline and
spending ramps up, then it could put downward pressure on the
company's outlook and/or ratings.
SunCoke's SGL-2 speculative grade liquidity rating reflects its
good liquidity position supported by $194 million in cash and full
availability under its $350 million revolving credit facility
(unrated) as of March 31, 2025. The company is expected to maintain
a cash balance of around $100 million on a pro forma basis after
completion of the Phoenix Global acquisition. Moody's expects the
company to remain in compliance with the restrictive financial
covenants under the credit agreement, which include a maximum
consolidated leverage ratio of 4.5x and a minimum consolidated
interest coverage ratio of 2.5x.
SunCoke's senior secured notes due 2029 are rated B1 which is in
line with the CFR and reflects the same security as the revolving
credit facility. This includes a first lien claim on substantially
all of the company's assets and the guarantors' existing and future
assets, with certain exceptions of non-guarantor restricted and
unrestricted subsidiaries which includes the company's
international subsidiaries and the Indiana Harbor Coke Company,
LP.
The stable rating outlook reflects Moody's expectations the company
will produce weaker operating results in 2025 but will maintain
credit metrics that support its rating.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade would be considered if uncertainties around its expiring
contracts are favorably resolved, and it successfully integrates
the acquisition of Phoenix Global. Additional considerations for an
upgrade would include sustaining strong credits metrics and good
liquidity, maintaining or improving its position in the domestic
foundry market or exporting coke on a more sustained basis to
supplement, if required, lower coke sales under long-term
take-or-pay contracts with domestic steelmakers. Quantitatively,
the ratings could be upgraded if its leverage ratio is sustained
below 2.5x.
The ratings could be downgraded if liquidity were to deteriorate or
if its leverage ratio were sustained above 4.0x.
SunCoke Energy, Inc. is the largest independent US based producer
of coke, a key ingredient in blast furnace steel production. The
company owns and operates five metallurgical coke making facilities
in the US and operates a coke making facility in Brazil on behalf
of ArcelorMittal (Baa3 positive). The company's logistics business
is comprised of three terminals and provides handling and mixing
services to steel, electric utility, coke and coal producing and
other manufacturing companies. The company generated about $1.9
billion in revenues for the LTM period ended March 31, 2025.
The principal methodology used in these ratings was Steel published
in November 2021.
SUNNOVA ENERGY: Case Summary & 30 Largest Unsecured Creditors
-------------------------------------------------------------
Lead Debtor: Sunnova Energy International Inc.
20 East Greenway Plaza, Suite 540
Houston, Texas 77046
Business Description: Sunnova Energy International Inc. provides
residential solar and energy storage
services across the United States and its
territories. The Company offers a full-
service model that includes the design,
installation, and maintenance of solar
energy systems for homeowners. Founded in
2012 and headquartered in Houston, Sunnova
serves hundreds of thousands of customers
nationwide.
Chapter 11 Petition Date: June 8, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Sunnova Energy International Inc. (Lead Case) 25-90160
Sunnova Energy Corp. 25-90159
Sunnova Intermediate Holdings, LLC 25-90161
[On June 1, 2025, Debtor Sunnova TEP Developer, LLC (Case No.
25-90153) filed a voluntary petition for relief under chapter 11 of
the Bankruptcy Code.]
Judge: Hon. Alfredo R. Perez
Debtors'
Co-Bankruptcy
Counsel: Jason G. Cohen, Esq.
Jonathan L. Lozano, Esq.
BRACEWELL LLP
711 Louisiana Street, Suite 2300
Houston, Texas 77002
Tel: (713) 223-2300
Fax: (800) 404-3970
Email: jason.cohen@bracewell.com
jonathan.lozano@bracewell.com
Debtors'
General
Bankruptcy
Counsel: Anup Sathy, P.C.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
333 West Wolf Point Plaza
Chicago, Illinois 60654
Tel: (312) 862-2000
Fax: (312) 862-2200
Email: anup.sathy@kirkland.com
- and -
Brian Schartz, P.C.
Ciara Foster, Esq.
Margaret Reiney, Esq.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
601 Lexington Avenue
New York, New York 10022
Tel: (212) 446-4800
Fax: (212) 446-4900
Email: brian.schartz@kirkland.com
ciara.foster@kirkland.com
margaret.reiney@kirkland.com
Debtors'
Investment
Banker: MOELIS & COMPANY LLC
Debtors'
Financial
Advisor: ALVAREZ & MARSAL NORTH AMERICA, LLC
Debtors'
Claims &
Noticing
Agent: KROLL RESTRUCTURING ADMINISTRATION LLC
Independent
Counsel to
the Special
Committee: KOBRE & KIM LLP
Independent
Financial
Advisor to
the Special
Committee: PROVINCE, INC.
Total Assets as of Dec. 31, 2024: $13,353,699,000
Total Debts as of Dec. 31, 2024: $10,668,606,000
Ryan Omohundro signed the petitions as chief restructuring
officer.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/OXYEQNY/Sunnova_Energy_International_Inc__txsbke-25-90160__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Wilmington Trust, 2.625% Convertible $603,981,250
National Association Senior Notes Due
Attn: Sunnova Energy 2028+Interest
Notes Administrator
50 South Sixth Street, Suite 1290
Minneapolis, MN 55402
United States
Attn: Barry D. Somrock
Title: Vice President
Phone: (800) 982-4620
Email: barrysomrock@wilmingtontrust.com
2. Wilmington Trust, 0.25% Convertible $575,722,743
National Association Senior Notes Due
Attn: Sunnova Energy 2026+Interest
Notes Administrator
50 South Sixth Street, Suite 1290
Minneapolis, MN 55402
United States
Attn: Hallie E. Field
Title: Vice President
Phone: (800) 982-4620
Email: halliefield@wilmingtontrust.com
3. Wilmington Trust, 11.750% Senior $431,463,889
National Association Notes Due 2028+
Attn: Sunnova Energy Interest
Notes Administrator
50 South Sixth Street, Suite 1290
Minneapolis, MN 55402
United States
Attn: Barry D. Somrock
Title: Vice President
Phone: (800) 982-4620
Email: barrysomrock@wilmingtontrust.com
4. Wilmington Trust, 5.875% Senior $405,940,278
National Association Notes Due 2026+
Attn: Sunnova Energy Interest
Notes Administrator
50 South Sixth Street, Suite 1290
Minneapolis, MN 55402
United States
Attn: Barry D. Somrock
Title: Vice President
Phone: (800) 982-4620
Email: barrysomrock@wilmingtontrust.com
5. Trinity Solar Dealer Payable $78,747,427
2211 Allenwood Road
Wall, NJ 07719
United States
Attn: Tom Pollock
Title: Chief Executive Officer
Phone: (732) 780-3779
Email: tom.pollock@trinity-solar.com
6. Windmar PV Energy, Inc Dealer Payable $54,056,595
#206 San Francisco Street
San Juan, PR 00901
United States
Attn: Victor Gonzalez
Title: President
Phone: (787) 395-7766
7. Power Solar, LLC Dealer Payable $28,183,194
PO Box 270384
San Juan, PR 00928
United States
Attn: Enrique Gonzalez
Title: Chief Executive Officer
Phone: (787) 331-1000
8. V3 Electric, Inc Dealer Payable $13,601,468
160 Blue Ravine Rd, Ste F
Folsom, CA 95630
United States
Attn: Josh Collette
Title: Chief Executive Officer
Phone: (844) 837-6937
Email: josh@v3electric.com
9. Sunnymac, LLC Dealer Payable $9,854,519
413 8th Ave
Wilmington, DE 19805
United States
Attn: Matt Macfadden
Title: Chief Executive Officer
Phone: (844) 786-6962
Email: matt@sunnymacsolar.com
10. Aon Risk Services Trade Payable $8,609,489
Southwest, Inc. (estimated)
200 E. Randolph Street
Chicago, IL 60601
United States
Attn: Lori Goltermann
Title: Chief Executive Officer, North America and
Global Regions
Phone: (312) 381-1000
Email: lori.goltermann@aon.com
11. Markel Insurance Company Surety Bond $7,500,000
4521 Highwoods Parkway
Glen Allen, VA 23060
United States
Attn: Lindey Jennings
Title: Chief Underwriting Officer
Phone: (800) 446-6671
Email: ljennings@markel.com
12. Lgcy Installation Services LLC Dealer Payable $7,038,227
Lgcy Holdings LLC
3333 N Digital Dr, Ste 600
Lehi, UT 84043
United States
Attn: Doug Robinson
Title: Chief Executive Officer
Phone: (855) 502-0485
Email: dougrobinson@lgcypower.com
13. Baker Botts LLP Professional $6,591,121
910 Louisiana Street Services (estimated)
Houston, TX 77002
United States
Attn: Paul Eichelman
Title: Chief Financial Officer
Phone: (212) 408-2500
Email: paul.eichelman@bakerbotts.com
14. Citadel Roofing And Solar Sst Dealer Payable $6,543,932
Jaj Roofing
4980 Allison Parkway
Vacaville, CA 95688
United States
Attn: Dieter Folk
Title: President
Phone: (707) 446-5500
Email: dfolk@citadelrs.com
15. Salesforce Inc. Trade Payable $6,003,468
415 Mission Street
3rd Fl
San Francisco, CA 94105
United States
Attn: Marc Benioff
Title: Chief Executive Officer
Phone: (800) 664-9073
Email: mbenioff@salesforce.com
16. Exo Energy Inc. Trade Payable $5,765,210
1358 La Mirada Dr
San Marcos, CA 92078
United States
Attn: Wesley Calland
Title: Owner
Phone: (888) 463-9667
Email: wesley@goexoenergy.com
17. Our World Energy Dealer Payable $5,566,455
7720 W Encinas Ln
Phoenix, AZ 85043
United States
Attn: Caleb Antonucci
Title: Chief Executive Officer
Phone: (623) 850-5700
Email: cantonucci@ourworldenergy.com
18. Freedom Forever, LLC Dealer Payable $5,391,355
43445 Business Park Dr.
Suite 110
Temecula, CA 92590
United States
Attn: Brett Bouchy
Title: Chief Executive Officer
Phone: (888) 557-6431
Email: bbouchy@freedomforever.com
19. Blue Sky Smart Solutions Inc. Dealer Payable $5,207,591
2116 Delaware Street
Lawrence, KS 66046
United States
Attn: Greg Bennett
Title: Chief Executive Officer
Phone: (888) 677-2992
Email: greg.bennett@blueskysmartsolutions.com
20. Lumio Hx, Inc. Dealer Payable $4,513,322
1550 W. Digital Dr.
Ste 500
Lehi, UT 84043
United States
Attn: Andrew Walton
Title: Chief Underwriting Officer
Phone: (888) 586-4649
Email: andrew.walton@lumio.com
21. Integrated Solar Dealer Payable $4,346,676
Operations (Isogroup)
PO Box 9731
San Juan, PR 00908
United States
Attn: Ralph Diaz
Title: President
Phone: (787) 520-9041
Email: ralph@integratedoperationsllc.com
22. Powur, PBC Dealer Payable $3,216,480
2683 Via De La Valle
#G321
Del Mar, CA 92014
United States
Attn: Jonathan Budd
Title: Chief Executive Officer
Phone: (866) 467-6987
Email: jonathan.budd@powur.com
23. Infinity Energy Inc. Dealer Payable $2,642,449
3825 Atherton Road
Rocklin, CA 95765
United States
Attn: Bryson Solomon
Title: Chief Executive Officer
Phone: (407) 676-6750
Email: bsolomon@goinfinityenergy.com
24. Lien Solutions Trade Payable $2,580,270
CT Corporation System (estimated)
PO Box 301133
Dallas, TX 75303
United States
Attn: Nancy McKinstry
Title: Chief Executive Officer
Phone: (713) 533-4600
Email: nancy.mckinstry@wolterskluwer.com
25. Solar Energy World, LLC Dealer Payable $2,442,968
14880 Sweitzer Ln
Suite A
Laurel, MD 20707
United States
Attn: Peter Belman
Title: Chief Executive Officer
Phone: (866) 856-4580
Email: pbelman@solarenergyworld.com
26. Deloitte Tax LLP Professional $2,405,329
4022 Sells Dr Services (estimated)
Hermitage, TN 37076
United States
Attn: Joe Ucuzoglu
Title: Chief Executive Officer
Phone: (212) 436-4020
Email: jucuzoglu@deloitte.com
27. Integrated Energy Group LLC Trade Payable $2,190,599
3929 E Guasti
Suite F
Ontario, CA 91761
United States
Attn: Josh Tofteland
Title: Partner and Chief Executive Officer
Email: jd.tofteland@ieconstruction.com
28. Telt Ventures LLC Dba 1 Solar Dealer Payable $1,952,736
2391 S 1560 W
Woods Cross, UT 84087
United States
Attn: Jake Kilgore
Title: Chief Executive Officer
Phone: (801) 683-8168
Email: jake@1solar.com
29. Home Depot Solutions LLC Contract Undetermined
2455 Paces Ferry Road Rejection
Atlanta, GA 30339
United States
Attn: Ted Decker
Title: Chief Executive Officer
Phone: (770) 433-8211
Email: ted_decker@homedepot.com
30. Tesla Inc. Contract Undetermined
6800 Dumbarton Circle Rejection
Fremont, CA 94555
United States
Attn: Vaibhav Taneja
Title: Chief Financial Officer
Email: vtaneja@tesla.com
SUNNOVA ENERGY: Faces Dealers Resistance in Chapter 11 Assets Sale
------------------------------------------------------------------
Dorothy Ma of Bloomberg Law reports that residential solar firm
Sunnova Energy International Inc. is encountering resistance from
its dealers as it seeks to raise funds to support operations and
its Chapter 11 bankruptcy process.
An ad hoc group of dealers filed an objection Monday, June 9, 2025,
arguing that a proposed $15 million sale of solar system assets
would undermine their claims. The group also said Sunnova has
failed to consult with dealers about the sale's terms, according to
court filings. The company maintains the sale is essential to
financing its bankruptcy case.
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on June 8,
2025. In its petition, the Debto reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by Jason Gary Cohen, Esq. at Bracewell
LLP.
SWAIN LANDING: Angela Shortall of 3Cubed Named Subchapter V Trustee
-------------------------------------------------------------------
The Acting U.S. Trustee for Region 4 appointed Angela Shortall of
3Cubed Advisory Services, LLC, as Subchapter V trustee for Swain
Landing LaPlata JC, LLC.
Ms. Shortall will be paid an hourly fee of $525 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Shortall declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Angela L. Shortall
3Cubed Advisory Services, LLC
111 S. Calvert St., Suite 1400
Baltimore, MD 21202
Phone: 410-783-6385
About Swain Landing LaPlata JC
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 sought 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 reported
total assets of $1,299,500 and total liabilities of $1,785,000.
Judge Elizabeth L. Gunn handles the case.
The Debtor is represented by Maurice Verstandig, Esq., at The
Belmont Firm.
SYNAPSE FINANCIAL: Trustee Wants Chapter 11 Converted to Chapter 7
------------------------------------------------------------------
Rick Archer of Law360 reports that the court-appointed trustee in
Synapse Financial Technologies Inc.'s Chapter 11 case is urging a
California bankruptcy judge to convert the proceedings to a Chapter
7 liquidation, even though certain customer funds have yet to be
accounted for.
About Synapse Financial Technologies
Headquartered in San Francisco, California, Synapse Financial
Technologies, Inc. -- https://synapsefi.com/ -- is a
banking-as-a-service platform for embedded finance solutions
worldwide.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. C.D. Cal. Case No. 24-10646) on April 22, 2024. In the
petition signed by Sankaet Pathak, chief executive officer, the
Debtor disclosed up to $50 million in assets and liabilities.
Judge Martin R. Barash oversees the case.
Ron Bender, Esq., at Levene, Neale, Bender, Yoo & Golubchik L.L.P.,
is the Debtor's legal counsel.
SYSOREX GOVERNMENT: Hires Jameson Capital LLC as Auctioneer
-----------------------------------------------------------
Sysorex Government Services, Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York to hire
Jameson Capital, LLC as auctioneer.
The firm will market and sell the Debtor's business and assets
including but not limited to the accounts receivable, inventory,
personal property, contracts.
As compensation, the auctioneer will the sum of $7,000 for each of
the first three months of the agreement.
Timothy Orr, sole member of Jameson Capital, LLC, assured the court
that his firm is a "disinterested person" within the meaning of 11
U.S.C. 101(14).
The firm can be reached through:
Timothy Orr
Jameson Capital, LLC
1522 East Sweet Citrus Drive
San Tan Valley, AZ 85140
About Sysorex Government Services Inc.
Sysorex Government Services, Inc. is a government IT solutions
provider in Herndon, Va.
Sysorex filed Chapter 11 petition (Bankr. S.D. N.Y. Case No.
25-10920) on May 5, 2025, listing up to $10 million in assets and
up to $50 million in liabilities. A. Zaman Khan, president of
Sysorex, signed the petition.
Judge John P. Mastando III oversees the case.
Ralph E. Preite, Esq., at Cullen and Dykman LLP, represents the
Debtor as legal counsel.
TEAM SYSTEMS: Appeals in Fraudulent Transfer Suit Dismissed
-----------------------------------------------------------
The Honorable Gregory B. Williams of the United States District
Court for the District of Delaware will grant the motion of George
L. Miller, the chapter 7 trustee appointed in the bankruptcy case
of Team Systems International, LLC, to dismiss the Stay Appeal and
the Subpoena Appeal in the adversary proceeding he filed against
Deborah Evans Mott, Steven M. Acosta, Christopher Mott, John S.
Maciorowski,
Addy Road LLC, and Teams Systems International Southeast LLC to
recover allged fraudulent transfers.
On Jan. 10, 2023, the Trustee commenced the adversary proceeding
against all of the Defendants seeking to avoid and recover certain
alleged fraudulent transfers and other related relief. The Amended
Complaint alleges that Mott and Acosta perpetrated a scheme to
hinder, delay, and defraud the Debtor's Estate and its creditors
while systematically looting the Debtor's assets.
The Amended Complaint further alleges that Mott and/or Acosta
failed to disclose, or actively concealed, large transfers of the
Debtor's funds and certain Debtor bank accounts. It also alleges
that Mott and Acosta, as the sole Managers and members of the
Debtor's Management Committee, repeatedly breached their fiduciary
duties owed to the Debtor and its creditors by engaging in blatant
self-dealing and failing to comply with the most basic requirements
of corporate governance.
Defendants' first interlocutory appeal concerns the Bankruptcy
Court's Aug. 13, 2024 Order which granted in part and denied in
part Defendants' motion to stay the entire Adversary Proceeding as
to all Defendants pending the outcome of a criminal proceeding
against Mott, together with the Bankruptcy Court's Sept. 30, 2024
Order denying Defendants' motion for reconsideration of the Stay
Order. Defendants' second interlocutory appeal concerns the
Bankruptcy Court's Sept. 25, 2024 Order which denied Defendants'
motion to quash subpoenas directed toward individual personal bank
accounts. Neither of the interlocutory appeals was filed with a
motion for leave to appeal an interlocutory order as required by
Federal Rule of Bankruptcy Procedure 8004(d).
Pending before the Court is the Trustee's motion, filed in both the
Stay Appeal and the Subpoena Appeal, seeking dismissal of both
appeals for lack of jurisdiction on the basis that the appeals are
interlocutory, or, alternatively, denial of leave to appeal.
The Subpoena Appeal seeks immediate review of the Subpoena Order
denying Defendants' motion to quash the third-party subpoenas
regarding individual bank accounts. In support of his Motion to
Dismiss the Subpoena Appeal, the Trustee argues that discovery
orders generally are not immediately appealable because they are
not final orders.
The Court agrees that Defendants have failed to show that the
Subpoena Order is final with the meaning of 28 U.S.C. Sec. 158(a),
that the Subpoena Order meets the collateral-order exception to the
final judgment rule, or that leave to immediately appeal the
Subpoena Order is warranted under the relevant factors.
Accordingly, the Court says it lacks jurisdiction over the Subpoena
Appeal.
The Stay Appeal seeks immediate review of the Stay Order denying
the motion to stay the entire Adversary Proceeding as to all
Defendants other than Mott. The Trustee argues that an order
denying a motion to stay when a similar suit is pending is not
immediately appealable as the order is "inherently tentative" and
is "not made with the expectation that it will be the final word on
the subject addressed." The Trustee further argues that the Stay
Appeal does not meet the requirements for leave to appeal under 28
U.S.C. Sec. 1292(b) because it does not present a pure question of
law but merely disagreement over a fact-dependent determination
which can be reviewed only for abuse of discretion.
Defendants argue that the Court has jurisdiction over an appeal of
the Stay Order because for purposes of 28 U.S.C. Sec. 158(d),
"finality" is given a flexible interpretation in bankruptcy where
necessary to accommodate concerns unique to the nature of
bankruptcy proceedings. According to Defendants, the bankruptcy
court's order is final since there is no reason to believe the
bankruptcy court contemplated additional proceedings to reconsider
the scope of the stay. Defendants' argument is unavailing.
The Court finds the Stay Order plainly did not fully and finally
resolve a discrete set of issues, or leave no related issues for
later determination. Nor is the Stay Order expected to be the final
word on the subject. Rather, the Stay Order granted a temporary
stay (1) of the Adversary Proceeding solely with respect to Mott;
and (ii) with respect to all Defendants, a stay of any
determination on the merits of the Debtor's intent. Thus, the Stay
Order only stayed certain aspects of the Adversary Proceeding,
while the criminal case remains pending and, therefore,
contemplates that the stay will be revisited when the criminal case
has concluded, the Court notes. Further, nothing in the Stay Order
limits the rights of any party to seek to modify the stay, where a
proper basis has been shown for such a modification, i.e., if
particular circumstances demonstrated that the party required
Mott's testimony in order fairly to defend against the Trustee's
action. To the contrary, the remaining Defendants' rights to seek
further relief are expressly reserved in the Stay Order. The Court
agrees that, under prevailing case law, a Stay Order is not a
final, appealable order.
As the Court lacks jurisdiction over the Stay Appeal and the
Subpoena Appeal, they will be dismissed.
The interlocutory appeals are styled DEBORAH EVANS MOTT, STEVEN M.
ACOSTA, CHRISTOPHER MOTT, JOHN S. MACIOROWSKY, ADDY ROAD LLC, and
TEAM SYSTEMS INTERNATIONAL SOUTHEAST LLC, Appellants, v. GEORGE L.
MILLER, solely in his capacity as the Chapter 7 Trustee of the
estate of TEAM SYSTEMS INTERNATIONAL, LLC, Appellees, Case Nos.
24-cv-01094-GBW and 24-cv-01098-GBW (D. Del.).
A copy of the Court's decision dated May 22, 2025, is available at
https://urlcurt.com/u?l=rApmUj from PacerMonitor.com.
About Team Systems International
Formed in 2001, Team Systems International LLC is a small business
serving the United States government as a contractor with offices
in Lewes, Del. and Ponte Vedra Beach, Fla. TSI has performed
government projects as a prime contractor and subcontractor in the
areas of program management, financial and contracts management,
tactical and specialized military training development, naval
ordinance engineering, information systems design and integration,
military firearms training, Department of State overseas foreign
officer training, vehicle or weapons platform simulation, training
center or classroom A/V system integration, force protection
services, maritime security, and administrative staffing for
government projects.
Team Systems International sought Chapter 11 bankruptcy protection
(Bankr. D. Del. Case No. 22-10066) on Jan. 18, 2022, listing up to
$50 million in assets and up to $10 million in liabilities. Deborah
Devans Mott, member, signed the petition.
Jamie L. Edmonson, Esq., at Robinson & Cole LLP, was the Debtor's
legal counsel.
The case was converted to Chapter 7 on March 31, 2022. George L.
Miller is the Chapter 7 trustee.
TERRA LAKE: Leslie Osborne Appointed as Chapter 11 Trustee
----------------------------------------------------------
The U.S. Trustee for Region 21 appointed Leslie Osborne at
Rappaport Osborne & Rappaport, PLLC as Chapter 11 trustee for Terra
Lake Heights, LLC.
The Chapter 11 trustee can be reached at:
Leslie S. Osborne
Rappaport Osborne & Rappaport, PLLC
1300 N. Federal Hwy, Suite 203
The Squires Building
Boca Raton, FL 33432
561-368-2200
Email: les@rorlawfirm.com
About Terra Lake Heights
Terra Lake Heights, LLC is a limited liability company in
Hollywood, Fla.
Terra Lake Heights sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14464) on April 23,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $10 million and $50 million in liabilities.
Judge Scott M. Grossman handles the case.
The Debtor is represented by Chad Van Horn, Esq., at Van Horn Law
Group, P.A.
TMK HAWK: S&P Upgrades ICR to 'CCC+' on ABL Maturity Extension
--------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on
Massachusetts-based food service equipment distributor TMK Hawk
Parent Corp. (TriMark) and its issue-level ratings on the company's
tranche A and tranche B term loans to 'CCC+' from 'CCC'. The
recovery ratings remain '4', indicating S&P's expectation for
average (30%-50%; rounded estimate: 30%) recovery in the event of a
payment default.
The negative outlook reflects unfavorable conditions within the
foodservice industry and, therefore, the potential that S&P would
lower its rating on Trimark if the company is unable to continue to
improve performance amid a challenging operating environment,
straining cash generation and its liquidity position.
The recent ABL extension provides incremental liquidity, but
uncertainty remains as to whether operations will recover to a
level that supports the current capital structure. S&P said, "We
now view TriMark's liquidity as less than adequate, incrementally
better than our previous assessment of weak. The company exited its
first fiscal quarter (ended March 2025) with $59.5 million of
availability under its $320 million facility due February 2027,
reflecting borrowings of $175.8 million and borrowing base
restrictions. Our view of the company's liquidity position
incorporates our forecast for $5 million-$10 million of reported
free operating cash flow (FOCF) over the next 12 months, as well as
an untapped super senior facility, which provides up to $25 million
of incremental borrowing capacity at the company's discretion."
Notwithstanding its current high revolver borrowings and modest
FOCF prospects, the company benefits from a lower cash interest
expense given the partial payment-in-kind (PIK) feature of its term
loan and its PIK unsecured credit agreement. S&P said, "Our fiscal
2025 forecast of S&P Global Ratings-adjusted cash interest coverage
of about 2x compares to adjusted interest coverage of about 1x. We
expect TriMark will elect to PIK the full allotted portion of its
term loan interest in fiscal 2025 to preserve cash; however, this
partial PIK feature expires in fiscal 2026."
S&P said, "Ultimately, we believe the company's high revolver
borrowings, increasing cash interest and amortization requirements
over the next 12 months, and thin FOCF expectations leave the
company with limited cushion to absorb any additional operating
disruption.
"We continue to view TriMark's capital structure as unsustainable
because of its high leverage and operating challenges amid an
uncertain operating environment. We forecast S&P Global
Ratings-adjusted leverage sustained around 9x-10x through fiscal
2026. We believe the company's ability to drive sales growth, as
well as restore profitability and positive cash generation, will
continue to be challenged by delayed restaurant openings and fewer
large-ticket purchases by operators. We expect sales will decline
about 1% in fiscal 2025, following a 4.4% decline in fiscal 2024.
Our forecast incorporates limited impact from tariffs given the
ability to pass on cost increases as an equipment distributor.
However, to the extent that restaurants face lower foot traffic
from declines in consumer spending, TriMark could experience more
precipitous sales declines.
"Following two years of negligible S&P Global Ratings-adjusted
EBITDA, we expect profitability to improve in fiscal 2025,
including a 300-basis-point (bp) expansion in S&P Global Rating's
adjusted EBITDA margin to about 3%. This largely stems from a
deliberate shift to higher-margin business, more diligent
contracting, and cost containment efforts. We expect this, in
addition to working capital efficiencies, to support modestly
positive FOCF of $5 million-$10 million over the next 12 months.
Nonetheless, we continue to view this level of profitability and
FOCF as insufficient to sustain the current capital structure.
"We believe TriMark's operations in the niche and cyclical food
service equipment distribution industry carry additional risks.
Though TriMark is the second-largest food service equipment
distributor in North America, the industry remains intensely
competitive and exposed to volatility in consumer spending
patterns. Roughly two-thirds of the company's revenues come from
equipment sales, which is dependent upon new restaurant openings,
resupply, and remodels, which in turn depends on consumer spending
patterns, which have been volatile as of late. TriMark is also
exposed to fluctuations in commodity and labor costs, which may
lead to swings in profitability, posing a further risk.
"The negative outlook reflects unfavorable conditions within the
foodservice industry and, therefore, the potential that we would
lower our rating on Trimark if the company is unable to continue to
improve performance amid a challenging operating environment,
straining cash generation and its liquidity position.
"We could lower our rating on TriMark if we anticipate a liquidity
shortfall that would cause us to envision a specific default
scenario over the subsequent 12 months, including a payment
default, debt restructuring, or distressed exchange. This could
occur if the company faces further operating disruption, leading to
negative FOCF, or if it was unable to extend its ABL prior to it
going current in February 2026.
"We could revise the outlook or raise the rating on TriMark if it
improves sales and profitability, sustaining positive FOCF and S&P
Global Ratings adjusted-EBITDA interest coverage of at least 1.5x."
TOHI LLC: Hires Bovarnick and Associates as Replacement Counsel
---------------------------------------------------------------
Tohi LLC seeks approval from the U.S. Bankruptcy Court for the
Eastern District of Pennsylvania to employ Bovarnick and
Associates, LLC as replacement counsel.
The firm's services include:
(a) advising the Debtor with respect to its rights and
obligations pursuant to the Bankruptcy Code;
(b) assisting the Debtor in the preparation of any amendments
to the schedules and statement of financial affairs;
(c) representing the Debtor at any and all Rule 2004
examinations;
(d) preparing any and all necessary applications, motions,
answers, responses, orders, reports and any other type of pleading
or document regarding any proceeding instituted by or against the
Debtor with respect to this case;
(e) assisting the Debtor in the formulation and seeking
confirmation of a chapter 11 plan and disclosure materials; and
(f) performing all other legal services for the Debtor which
may be necessary or desirable in connection with this case.
The 2025 hourly rates charged by Bovarnick are:
Robert M. Bovarnick $500
Luke Sampson $400
The firm was paid a retainer in the amount of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert M. Bovarnick, a partner at Bovarnick and Associates,
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 M. Bovarnick, Esq.
Bovarnick and Associates, LLC
555 City Ave., Suite 480
Bala Cynwyd, PA 19004
Tel: (215) 568-4480
Email: rmb@rbovarnick.com
About Tohi LLC
TOHI LLC is a Single Asset Real Estate debtor (as defined in 11
U.S.C. Section 101(51B)).
TOHI LLC in Doylestown, PA, sought relief under Chapter 11 of the
Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. E.D. Pa. Case No. 24-13285) on Sept. 16, 2024,
listing as much as $1 million to $10 million in both assets and
liabilities. Shawn Touhill as president, signed the petition.
Judge Ashely M Chan oversees the case.
SMITH KANE HOLMAN, LLC serve as the Debtor's legal counsel.
TOMMY'S BOATS: U.S. Trustee Opposes Chapter 11 Releases
-------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that the U.S.
Trustee's Office has asked a Texas bankruptcy judge to reject the
Chapter 11 plan proposed by Tommy’s Boats, a retailer of boats
and water sports equipment, arguing that the inclusion of
nonconsensual third-party releases violates the Bankruptcy Code and
contradicts the U.S. Supreme Court's Purdue Pharma ruling.
About Tommy's Boats
Tommy's Boats is a boat and water sports retailer. Based in Fort
Worth, Texas, Tommy's is a premium boat dealer with 16 locations
across the United States.
Tommy's Fort Worth, LLC, and its affiliates, including Tommy's
Holding Company, LLC, sought Chapter 11 protection (Bankr. N.D.
Tex. Lead Case No. 24-90000) on May 20, 2024. Tommy's Fort Worth
estimated between $1 million and $10 million in assets and between
$100 million and $500 million in debt as of the bankruptcy filing.
The Debtors tapped GUTNICKI LLP as counsel, and FORCE 10 PARTNERS
LLC as CRO provider. OMNI AGENT SOLUTIONS, INC., is the claims
agent.
TOMMY'S FORT: Enforcement Motion Against Borisch Granted in Part
----------------------------------------------------------------
Judge Edward L. Morris of the United States Bankruptcy Court for
the Northern District of Texas granted in part and denied in part
the enforcement motion filed by Mark E. Andrews, chapter 11 trustee
for Tommy's Fort Worth, LLC and its affiliates, with respect to
actions taken by owner Matthew Borisch.
Between May 20 and 21, 2024, each of the Debtors filed a voluntary
petition for relief under chapter 11 of the Bankruptcy Code,
thereby initiating its bankruptcy case with the Court. The cases
are being jointly administered under Case No. 24-90000. Prior to
the Petition Date, the Debtors operated a self-described
high-octane water-sports-enthusiast business under the brand name
"Tommy's." The business originated in Colorado in 2012. According
to Borisch, the President and direct or indirect owner of each of
the Debtors, Tommy's was the largest ski and wake dealer globally
as of the Petition Date, having 14 dealerships plus nine additional
on-water rental programs operating in Texas, Colorado, Michigan,
Arizona, California, Florida, Nevada, and Tennessee.
Tommy's' principal dealership relationship was with Malibu, an
original equipment manufacturer selling watercraft equipment under
the brand names Malibu and Axis. For roughly 12 years prior to the
Petition Date (through the Summer of 2023), each of the Tommy's
dealership locations had a dealership agreement in place with
Malibu.
To finance Tommy's' operations, including the purchase of boats
from Malibu, Tommy's required floor plan financing. In the latter
years, through the Spring of 2023, Tommy's obtained such financing
from Fifth Third Bank, By the end of 2022, Tommy's had hit its
credit limit with Fifth Third Bank. Thus, Tommy's began the search
for another lender. In March 2023, Tommy's was introduced to M&T. A
short time later, in May 2023, Tommy's transitioned its lending
relationship to M&T, whereupon its floor plan facility was
increased to $110 million with a $20 million overlimit. As
additional credit support for the increased facility, Borisch
provided a personal guaranty.
Tommy's sold a number of boats out of trust with M&T in violation
of the M&T loan agreements. Because of the default, Malibu
naturally informed Tommy's that it would not be in a position to
enter into any new 2024 dealership agreements until it was once
again in good standing with M&T.
On March 22, 2024, Malibu delivered a letter to Tommy's to
"confirm" that it would not be entering into any dealership
agreements with any of the Tommy's dealerships.
In late February 2024, M&T began to take steps to end its
relationship with Tommy's. Initially, on Feb. 27, 2024, M&T sent a
formal default and demand letter to Tommy's and Borisch (as
guarantor) pursuant to which, among other things, M&T notified
Tommy's that it would not be providing financing for the purchase
of any new boats and did not consent to the sale of any existing
boats, even boats for which the customers had put down deposits.
Then, when M&T learned of Malibu's termination of the Tommy's
dealership agreements, M&T additionally asserted that a material
adverse change had occurred, resulting in another event of default
under the M&T loan agreements. Consequently, on March 28, 2024, M&T
provided formal notice of the additional default and made further
demand on Tommy's and Borisch (as guarantor) for payment. On April
1, 2024, following Tommy's and Borisch's failure to pay, M&T filed
suit against Tommy's and Borisch in Michigan state court to collect
on the loans and guaranty.
Facing a complete collapse of the Tommy's business as a result of
the foregoing developments, on April 10, 2024, the Debtors filed
suit against Malibu in Tennessee federal court to challenge the
dealership agreement terminations, pursue the collection of unpaid
incentives and rebates, and seek recourse on account of the alleged
reassurances and promises made in relation to the 2024 model year
agreements. Pursuant to the Complaint filed by the Debtors, the
Debtors asserted claims for breach of contract, quantum meruit,
unjust enrichment, promissory estoppel, intentional
misrepresentation/fraud, and negligent misrepresentation.
On June 24, 2024, shortly after the Trustee's appointment, Malibu
filed a motion to dismiss all of the Debtors' claims in the Debtor
Malibu Case.
On Aug. 16, 2024, Borisch filed suit against the Malibu Parties in
Tennessee federal court in his own name. Borisch asserted claims
for fraudulent misrepresentation, negligent misrepresentation,
breach of implied contract, and unjust enrichment.
Learning of the Borisch Malibu Case, the Trustee directed his
counsel to take action to protect the Estates' interest in causes
of action belonging to the Estates. Thus, on Aug. 22, 2024,
Trustee's counsel sent a letter to Borisch's counsel to put Borisch
and his counsel on notice that:
(i) the automatic stay precludes any attempt by Borisch to
exercise control over property of the Estates, including causes of
action constituting property of the Estates;
(ii) based upon a preliminary review of the Borisch Malibu
Complaint, it appeared that the complaint included claims that
likely belong to the Estates; and
(iii) as a result, the Borisch Malibu Case likely violates the
automatic stay.
On Oct. 29, 2024, Borisch filed his First Amended Complaint against
the Malibu Parties in the Borisch Malibu Case.
Before the Court for determination is the Trustee's motion for
entry of an order:
(a) determining that certain causes of action asserted, or
sought to be asserted pursuant to a motion for leave, by Borisch
against Malibu Boats, Inc. and Malibu Boats, LLC, Jack Springer,
Malibu's former CEO, and M&T Bank, as applicable, constitute
property of the Debtors' bankruptcy estates,
(b) determining that the actions taken, and continuing to be
taken, by Borisch to pursue such causes of action violate the
automatic stay provided by section 362(a) of the Bankruptcy Code,
and
(c) enforcing the automatic stay against Borisch by compelling
Borisch to dismiss the causes of action and enjoining him from
taking any further or additional action to pursue the causes of
action.
The Trustee asserts that the Malibu Case Claims asserted by Borisch
against the Malibu Parties in the Borisch Malibu Case belong to the
Debtors' Estates. Therefore, the Trustee argues that Borisch's
filing of the Amended Borisch Malibu Complaint violated the
automatic stay and that his continuing prosecution of the Malibu
Case Claims asserted thereby constitutes a continuing violation of
the automatic stay. Similarly, the Trustee asserts that the M&T
Case Claims sought to be asserted by Borisch against M&T in the M&T
Case belong to the Debtors' Estates. Therefore, the Trustee argues
that Borisch's filing of the Motion for Leave to file the Proposed
Counterclaim violated the automatic stay and that his continuing
prosecution of the Motion for Leave constitutes a continuing
violation of the automatic stay.
Borisch disputes the Trustee's contentions, asserting that all of
the Malibu Case Claims and M&T Case Claims are owned by him,
individually. Additionally, Borisch asserts that the Enforcement
Motion is procedurally defective because it was not pursued in the
form of an adversary proceeding.
The Court ruled as follows:
(a) it is determined that the Estate Malibu Party Claims and the
Estate M&T Claims constitute property of the Estates;
(b) it is determined that Borisch's filing of the Amended
Borisch Malibu Complaint with the inclusion of the Estate Malibu
Party Claims constituted an act to exercise control over property
of the Estates in violation of Sec. 362(a)(3) of the Bankruptcy
Code, and that Borisch's failure, to date, to withdraw or amend the
complaint to remove all references to the Estate Malibu Party
Claims constitutes a continuing violation of Sec. 362(a)(3) of the
Bankruptcy Code;
(c) it is determined that Borisch's filing of the Motion for
Leave to file the Proposed Counterclaim with the inclusion of the
Estate M&T Claims constituted an act to exercise control over
property of the Estates in violation of Sec. 362(a)(3) of the
Bankruptcy Code, and that Borisch's failure, to date, to withdraw
or amend the Motion for Leave/Proposed Counterclaim to remove all
references to the Estate M&T Claims constitutes a continuing
violation of Sec. 362(a)(3) of the Bankruptcy Code;
(d) Borisch is compelled to promptly take such action as is
necessary or appropriate to withdraw or dismiss without prejudice
all Estate Malibu Party Claims asserted by Borisch in the Borisch
Malibu Case;
(e) Borisch is compelled to promptly take such action as is
necessary or appropriate to amend the Motion for Leave/Proposed
Counterclaim to remove all references to the Estate M&T Claims
included within the Proposed Counterclaim;
(f) consistent with Sec. 362(a)(3) of the Bankruptcy Code,
Borisch is enjoined from taking any further or additional acts to
exercise control over property of the Estates, including the Estate
Malibu Party Claims and Estate M&T Claims, other than the remedial
acts identified in paragraphs (d) and (e) above; and
(g) all other relief requested by the Trustee within the
Enforcement Motion is denied, but without prejudice to the right of
the Trustee to separately request further or additional relief from
the Court in the event of Borisch's failure to comply with any of
the foregoing obligations.
A copy of the Court's decision dated May 23, 2025, is available at
https://urlcurt.com/u?l=us5sdo from PacerMonitor.com.
About Tommy's Fort Worth
Tommy's is a premium boat dealer with 16 locations across the
United States.
Tommy's Fort Worth, LLC and its affiliates concurrently filed
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. N.D. Tex. Lead Case No. 24-90000) on May 20, 2024. The
petitions were signed by Monica S. Blacker as chief restructuring
officer. At the time of filing, the Lead Debtor estimated $1
million to $10 million in assets and $100 million to $500 million
in liabilities.
Judge Edward L. Morris presides over the case.
Liz Boydston, Esq., at GUTNICKI LLP, is the Debtor's counsel.
TRINITY INTEGRATED: Hires Guidant Law PLC as Bankruptcy Counsel
---------------------------------------------------------------
Trinity Integrated Healthcare LLC seeks approval from the U.S.
Bankruptcy Court for the District of Arizona to hire Guidant Law,
PLC to handle the Chapter 11 proceedings.
The firm will be paid at these rates:
Attorneys $375 to $490 per hour
Paralegals $125 to $185 per hour
Paralegal Assistants $80 to $125 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Joann Falgout 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:
D. Lamar Hawkins, Esq.
JoAnn Falgout, Esq.
Karen Bentley, Esq.
Guidant Law, PLC
402 E. Southern Ave.
Tempe, AZ 85282
Telephone: (602) 888-9229
Facsimile: (480) 725-0087
E-Mail: lamar@guidant.law
E-Mail: joann.falgout@guidant.law
E-Mail: karen.bentley@guidant.law
About Trinity Integrated Healthcare LLC
Trinity Integrated Healthcare LLC is a Phoenix-based healthcare
provider specializing in psychiatric and substance abuse treatment
services.
Trinity Integrated Healthcare LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No.
25-04479) on May 16, 2025. In its petition, the Debtor reports
estimated assets between $500,000 and $1 million and estimated
liabilities between $100,000 and $500,000.
The Debtors are represented by Chris D. Barski, Esq. at Barski Law.
TRINITY INTEGRATED: James Cross Named Subchapter V Trustee
----------------------------------------------------------
The U.S. Trustee for Region 14 appointed James Cross, Esq., at
Cross Law Firm, PLC as Subchapter V trustee for Trinity Integrated
Healthcare, LLC.
Mr. Cross will be paid an hourly fee of $525 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Cross declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
James E. Cross, Esq.
Cross Law Firm, PLC
P.O. Box 45469
Phoenix, AZ 85064
Phone: 602-412-4422
Email: jcross@crosslawaz.com
About Trinity Integrated Healthcare
Trinity Integrated Healthcare, LLC is a Phoenix-based healthcare
provider specializing in psychiatric and substance abuse treatment
services.
Trinity Integrated Healthcare sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No.
25-04479) on May 16, 2025. In its petition, the Debtor reported
estimated assets between $500,000 and $1 million and estimated
liabilities between $100,000 and $500,000.
The Debtor is represented by Chris D. Barski, Esq., at Barski Law.
TRINITY INTEGRATED: Seeks to Hire Barski Law as Bankruptcy Counsel
------------------------------------------------------------------
Trinity Integrated Healthcare LLC seeks approval from the U.S.
Bankruptcy Court for the District of Arizona to hire Barski Law
Firm PLC to handle its Chapter 11 case.
The firm will be paid at these rates:
Attorneys $425 per hour
Paralegal $175 per hour
In addition, the firm will receive reimbursement for out-of-pocket
expenses incurred.
Chris Barski, Esq., an attorney at Barski Law Firm, disclosed in a
court filing that his firm is a "disinterested person" as that term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Chris D. Barski, Esq.
Barski Law, PLC
9375 E. Shea Blvd., Suite 100
Scottsdale, AZ 85260
Telephone: (602) 441-4700
Email: cbarski@barskilaw.com
About Trinity Integrated Healthcare LLC
Trinity Integrated Healthcare LLC is a Phoenix-based healthcare
provider specializing in psychiatric and substance abuse treatment
services.
Trinity Integrated Healthcare LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No.
25-04479) on May 16, 2025. In its petition, the Debtor reports
estimated assets between $500,000 and $1 million and estimated
liabilities between $100,000 and $500,000.
The Debtors are represented by Chris D. Barski, Esq. at Barski Law.
TRIPLETT FUNERAL: Trustee Hires Carmody MacDonald as Legal Counsel
------------------------------------------------------------------
Robert E. Eggmann, Chapter 11 Trustee of Triplett Funeral Homes,
LLC seeks approval from the U.S. Bankruptcy Court for the Eastern
District of Missouri to employ Carmody MacDonald P.C. as his
counsel.
The firm's services include:
a. recovery and collection of property of the estate;
b. necessary legal procedures in further discovery of assets;
c. preparation of legal motions and notices and other
pleadings, as may be required;
d. assistance in the review, preparation, and prosecution of
necessary objections to plans and claims; and
e. opposing various motions which may not be in the best
interest of the estate.
Thomas H. Riske, a principal attorney at Carmody MacDonald P.C.,
will be primarily responsible for this matter.
The firm's counsel and staff will be paid at these hourly rates:
senior attorneys $525
junior associates $210
Paralegals/Law Clerks $120 to $230
In addition, the firm will seek reimbursement for expenses
incurred.
Thomas Riske, a principal at Carmody MacDonald, 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:
Thomas H. Riske, Esq.
Carmody MacDonald, PC
120 Central Ave Ste 1800
Saint Louis, MO 63105
Telephone: (314) 854-8600
Email: thr@carmodymacdonald.com
About Triplett Funeral Homes, LLC
Triplett Funeral Homes LLC, located in Kahoka, MO, is a locally
owned and operated funeral service provider dedicated to offering
compassionate services and personalized care to families during
their time of need.
Triplett Funeral Homes LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Miss. Case No. 25-20049) on March
27, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Fredrich J Cruse, Esq. at CRUSE
CHANEY-FAUGHN.
TRUCK-LITE CO: OHA Senior Marks $1.1 Million 1L Loan at 36% Off
---------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,154,000 loan
extended to Truck-Lite Co., LLC to market at $738,000 or 64% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Truck-Lite
Co., LLC. The loan accrues interest at a rate of 10.04% per annum.
The loan matures on February 13, 2031.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Truck-Lite Co., LLC
Truck-Lite is a global leader in commercial transportation safety
lighting.
TRUCK-LITE CO: OHA Senior Marks $1.1 Million 1L Loan at 93% Off
---------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,156,000 loan
extended to Truck-Lite Co., LLC to market at $77,000 or 7% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to Truck-Lite
Co., LLC. The loan accrues interest at a rate of 10.05% per annum.
The loan matures on February 13, 2030.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
1 Vanderbilt, 16th Floor
New York, NY 10017
Telephone: (212) 326-1500
About Truck-Lite Co., LLC
Truck-Lite is a global leader in commercial transportation safety
lighting.
TRUCORDIA HOLDCO: S&P Assigns 'B' Long-Term ICR, Outlook Stable
---------------------------------------------------------------
On June 6, 2025, S&P Global Ratings assigned its 'B' long-term
issuer credit rating to Trucordia Holdco LLC (formerly known as
PCF).
At the same time, S&P assigned its 'B' issue rating and '3'
recovery rating to the proposed $1.9 billion first-lien term loan
due 2032.
The stable outlook reflects S&P's expectation that solid
performance momentum and supportive financial policy will lead to
sustained improvements to credit metrics over the next 12 months.
Trucordia Holdco LLC (formerly known as PCF) seeks to issue new
debt in the syndicated market to refinance existing debt, fund cash
on the balance sheet and other general corporate purposes, and pay
related fees and expenses.
S&P's rating reflects Trucordia's narrow focus within the highly
fragmented and competitive U.S. insurance brokerage industry,
balanced by its track record of healthy growth and relatively
modest but expanding scale.
Trucordia generated total reported revenue of about $865 million
for the 12 months ended March 31, 2025, placing it among the top 20
largest U.S. insurance brokers. While this represents a fairly
solid market position and scale, Trucordia is on the smaller end in
our rated peer set. That being said, the company has national
presence and a diverse revenue mix that spans a variety of business
lines, geographies, and industries.
Trucordia's property/casualty (P/C) business represents
approximately 70% of total revenue; its next largest segment,
employee benefits (EB), represented just under 20%. S&P said,
"Though heavily weighted towards P/C, we see similar business mix
weightings among similar broker peers. We also note that the
company has some minor pockets of geographic and industry
concentration, with its top four states and industries each
accounting for slightly over half of total revenue. However, we
think the underlying exposures are generally resilient and
predictable, mitigating potential concentration-related risks.
Furthermore, given the company's low producer, client, and carrier
concentrations, we think Trucordia's overall business profile is in
line with that of similarly rated peers."
S&P said, "We expect merger and acquisition (M&A) activity to
remain a key growth driver for the company, albeit at a more
moderated pace relative to peak volumes a few years ago. Trucordia
has more than doubled in size since 2021, largely driven by an
aggressive M&A strategy that was further supported by healthy
average organic growth of about 9%. When its primary focus was on
achieving scale in 2021 and 2022, Trucordia completed more than 80
tuck-in deals per year, which collectively represented over $450
million of acquired revenue."
The company has since meaningfully reduced its M&A activity from
this scaling phase. In 2024, Trucordia closed 22 deals
(representing about $70 million in acquired revenue), reflecting
its shift in focus toward integration and other internally focused
initiatives aimed at optimizing operations and organic expansion.
These included investments in data and analytics capabilities,
implementing centralized systems and infrastructure, and
standardizing processes for enhanced producer and client
experience.
S&P said, "We think these efforts should support steady performance
momentum and unlock further operating leverage. Even with this
shift in focus, we expect M&A to remain a key contributor to total
revenue growth. In our base case, we see deal volumes remaining at
similar levels as seen in 2024, as the company prioritizes value
creation rather than achieving scale. Reflective of this approach,
we expect M&A activity to support strategic objectives, such as
expanding geographic presence, catalyzing development of new
programs, and growing existing offerings.
"We expect Trucordia to sustain favorable performance trends over
the next 12 months, supported by ongoing integration efforts and
business enhancements. Trucordia has consistently generated organic
growth in the mid- to high-single digits on strong new business and
client retention trends. We think the company also benefited from
having a solid mix of industry exposures and presence in higher
growth specialty areas, such as its relatively modest but growing
managing general agent (MGA) businesses. We believe Trucordia's
steady organic growth points to effective implementation of its
more internally focused investments, which we expect to support
continued strength in top-line growth.
"For the 12 months ended March 31, 2025, Trucordia's S&P Global
Ratings-adjusted EBITDA margin was around 34%, which compares
favorably among our rated peers but represents meaningful
contraction from nearly 39% for the same period last year. Rather
than reflecting a potential weakening in operations or business
fundamentals, we attribute this margin decline to higher costs
related to recently elevated internal investments,
integration-related efforts, and other one-time events, since these
expenses are not added back in our calculation of EBITDA. We expect
these expenses to gradually decline and normalize over the next 12
months, which should provide some lift to margins. Furthermore, as
the company realizes the benefits of these internal investments and
natural operating leverage, we see margins modestly improving and
remaining steady in the mid-30% area.
"While credit metrics are strained for the rating following the
proposed transaction, we expect these to improve meaningfully and
remain in line with 'B' rated peers. Trucordia is refinancing its
capital structure with a proposed $1.9 billion first-lien term loan
due 2032 and $548 million second-lien term loan due 2033. At the
same time, the company plans to issue about $1.3 billion of new
common equity to an existing financial sponsor, Carlyle. Following
this equity recapitalization, we expect Carlyle to have roughly 49%
ownership of the company, with the remaining held by Trucordia
partners, management, and employees.
"We expect the company will use these collective proceeds to
refinance about $3.1 billion of existing debt, fund M&A-related
considerations, redeem about $440 million of existing common
equity, and pay related fees. Trucordia's capital structure also
includes $666 million of preferred equity, which we view as a
debt-like obligation due to factors related to redemption rights,
accrual (i.e., payment-in-kind, or PIK) of a high coupon rate that
discourages deferral, and consideration that the controlling
shareholder (that also holds part of the preferred) cannot
unilaterally dictate terms of the preferred.
"Pro forma the proposed transaction and annualized impact of recent
M&A, we estimate S&P Global Ratings-adjusted leverage of 8.3x (or
10.5x including preferred equity) and EBITDA interest coverage of
1.5x (or low-1x including PIK interest). While these credit metrics
are strained for the rating, we believe these are more reflective
of the company's historically aggressive debt-funded M&A activity.
We anticipate credit metrics to trend favorably on continued
performance strength and steady earnings growth. We also expect
relatively tempered M&A activity to reduce the need for material
incurrence of incremental debt and lead to a natural reduction in
M&A-related expenses and earnout obligations.
"Similar to peers owned by financial sponsors, we believe the
company will prioritize investments in the business and use excess
cash flows for other internal initiatives rather than paying down
debt beyond required amortization. However, we think reducing
leverage is a priority for the company and its sponsors over the
next several years to support optionality for a potential exit
scenario. To that end, we do not anticipate shareholder returns and
expect a cautious approach to raising debt. Accordingly, our
base-case forecast shows that improvements to credit metrics over
the next 12 months should be sustained and likely improve further
over the long term.
"The stable outlook reflects our expectation that Trucordia will
maintain healthy performance trends including mid-single-digit
organic growth and stable margins with potential for modest
expansion over the next 12 months. Coupled with moderated
debt-funded M&A activity and a generally supportive financial
policy, we expect credit metrics to improve and remain within the
bounds of our current ratings over the next 12 months.
"We may consider a downgrade over the next 12 months if operating
performance or credit metrics deteriorate such that we expect
leverage sustained above 7.0x (excluding preferred shares treated
as debt; above 9.0x including preferred shares) and coverage
materially below 2.0x on a sustained basis." This could result
from:
-- Revenue shrinkage due to lost market share and poor retention;
-- Margin contraction related to operational missteps, unexpected
integration-related challenges, and macroeconomic conditions that
are worse than expected; or
-- A more aggressive financial policy.
S&P said, "While unlikely over the next 12 months, we may consider
an upgrade if Trucordia materially exceeds performance expectations
such that we expect leverage below 5.0x and coverage above 3.0x on
a sustained basis. This would have to be accompanied by a financial
policy commitment to sustain credit metrics at these levels, along
with continued enhancements to the company's overall scale,
diversification, and competitive positioning."
UNITI FIBER: S&P Rates New $600MM Senior Unsecured Notes 'CCC'
--------------------------------------------------------------
S&P Global Ratings assigned its 'CCC' issue-level rating and '6'
recovery rating to Uniti Fiber Holdings Inc.'s proposed $600
million senior unsecured notes due 2032. Uniti Fiber Holdings Inc.
is a wholly owned subsidiary of Little Rock, Ark.-based telecom
REIT Uniti Group Inc. The '6' recovery rating indicates its
expectation for negligible (0%-10%; rounded estimate: 0%) recovery
in the event of a payment default. S&P expects the company will use
about $500 million of the proceeds from these notes to partially
repay its 10.5% senior secured notes due 2028 ($2,275 million
outstanding) and use the remainder to pay fees and expenses and for
general corporate purposes.
S&P said, "At the same time, we raised our issue-level rating on
Uniti Fiber Holdings' senior secured debt to 'B' from 'B-' and
revised the recovery rating to '2' from '3'. The '2' recovery
rating indicates our expectation for substantial (70%-90%; rounded
estimate: 75%) recovery in the event of a payment default. The
higher recovery and issue-level ratings reflect the reduction in
the amount of secured debt in the company's capital structure
following the transaction, which will increase the recovery
prospects for its secured lenders.
"Because the transaction will leave Uniti's net S&P Global
Ratings-adjusted debt to EBITDA leverage at about 6.5x, our 'B-'
issuer credit rating and stable outlook are unchanged. Furthermore,
we believe the company will reduce its leverage to the low- to
mid-5x range pro forma for its merger with Windstream, given
Windstream's lower leverage (in the mid-4x area). We expect Uniti
will close its merger with Windstream in the third quarter of
2025."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P said, "Our simulated default scenario assumes a default
stemming from a significant deterioration in the operations of
Windstream, its primary tenant, which leads it to renegotiate lower
lease payments. These factors could contribute to a significant
decline in Uniti's revenue, profitability, and cash flow. The
decline would result in a payment default when the company's
liquidity and cash flow become insufficient to cover its interest
expense, mandatory debt amortization, and maintenance-level capital
expenditure requirements. We believe if Uniti were to default, it
would continue to have a viable business model, given the value of
its telecommunication assets. When the merger closes, we will
update our simulated default scenario and recovery analysis."
-- At default, S&P assumes an 85% draw on the revolver, a step-up
in its credit spreads to accommodate covenant amendments, and all
estimated debt claims include about six months of accrued but
unpaid interest outstanding.
-- The $2.9 billion valuation is based on net operating income
(NOI) at emergence of $553 million and a capitalization rate of 19%
(an implied 5.25x multiple) to reflect Uniti's largely
single-tenant business. The $553 million of emergence NOI is S&P's
estimate of Uniti's hypothetical default-level NOI.
Simulated default assumptions
-- Simulated year of default: 2027
-- NOI at emergence: $553 million
-- Implied enterprise value (EV) multiple: 5.25x
-- Gross EV: $2.9 billion
Simplified waterfall
-- Net EV (after 5% administrative costs): $2.9 billion
-- Valuation split (obligors/nonobligors): 92%/8%
-- Estimated net EV available for senior secured debt: $2.7
billion
-- Estimated senior secured debt claims: $3.4 billion
--Senior secured recovery expectations: 70%-90% (rounded
estimate: 75%)
-- Estimated senior unsecured debt and pari passu claims: $3.6
billion
--Senior unsecured recovery expectations: 0%-10% (rounded
estimate: 0%)
USIC HOLDINGS: OHA Senior Marks $1 Million 1L Loan at 46% Off
-------------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $1,073,000 loan
extended to USIC Holdings Inc. to market at $577,000 or 54% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to USIC
Holdings Inc. The loan accrues interest at a rate of 9.56% per
annum. The loan matures on September 10, 2031.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
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. Moody's expects 2024 revenue of over $1.5
billion.
USIC HOLDINGS: OHA Senior Marks $510,000 1L Loan at 79% Off
-----------------------------------------------------------
OHA Senior Private Lending Fund LLC has marked its $510,000 loan
extended to USIC Holdings Inc. to market at $107,000 or 21% of the
outstanding amount, according to OHA Senior's Form 10-Q for the
fiscal year ended March 31, 2025, filed with the U.S. Securities
and Exchange Commission.
OHA Senior is a participant in a First Lien Bank Loan to USIC
Holdings Inc. The loan accrues interest at a rate of 9.81% per
annum. The loan matures on September 10, 2031.
OHA Senior Private Lending Fund LLC was formed on June 27, 2022.
OHA Private Credit Advisors II, L.P. is the investment adviser of
the Company. OHA Senior's investment objective is to generate
attractive risk-adjusted returns, predominately in the form of
current income, with select investments exhibiting the ability to
capture long-term capital appreciation with a focus on downside
protection. The Company seeks to achieve its investment objective
by investing primarily in the non-investment grade credit markets
in North America and Europe, with a primary focus on direct lending
in the United States.
OHA Senior is led by Eric Muller as Chief Executive Officer and
Thomas Hansen as Chief Financial Officer.
The Fund can be reach through:
Eric Muller
OHA Senior Private Lending Fund LLC
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. Moody's expects 2024 revenue of over $1.5
billion.
VELOCITY ESPORTS: U.S. Trustee Unable to Appoint Committee
----------------------------------------------------------
The U.S. Trustee for Region 17 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 cases of Velocity Esports, Inc. and its affiliates.
About Velocity Esports Inc.
Velocity Esports Inc. operates gaming and entertainment venues
across select U.S. locations, offering a mix of arcade games,
esports lounges, bowling, and casual dining. The Company caters to
both casual and competitive gamers, as well as event hosting for
social and corporate gatherings. Its venues are equipped with
modern gaming technology and also feature food and beverage options
with a focus on American and Mexican fare.
Velocity Esports and affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Nev. Lead Case No. 25-12627) on
May 7, 2025. In its petition, Velocity Esports reported total
assets of $1,294,858 and total liabilities of $9,931,782.
Judge Mike K. Nakagawa handles the cases.
The Debtors are represented by Matthew Knepper, Esq., and Brenden
Gougeon, Esq., at Nevada Bankruptcy Attorneys, LLC.
VIVA LIBRE: Hires Shioda Langley & Chang as Bankruptcy Counsel
--------------------------------------------------------------
Viva Libre Restaurant Concepts, Inc. seeks approval from the U.S.
Bankruptcy Court for the Central District of California to hire
Shioda, Langley & Chang LLP as general bankruptcy counsel.
The firm will render these services:
a. provide legal advice and guidance with respect to the
powers, duties, rights and obligations of the Debtor as
Debtor-in-Possession;
b. assist in the preparation and filing of monthly operating
reports, tax returns, and other documents required by the
Bankruptcy Code, the Bankruptcy Rules, the Office of the United
States Trustee, and this Court's orders;
c. represent in negotiations with creditors, particularly with
secured creditors;
d. formulate, prepare, and confirm a Plan of Reorganization
and Disclosure Statement (if required);
e. prepare and prosecute any necessary applications, motions,
adversary proceedings, and other proceedings necessary for the
successful administration of the estate; and
f. preform all other legal services as may be required for the
effective and efficient administration of the chapter 11 case.
The firm will be paid at these rates:
Partners $650 per hour
Of Counsel $650 per hour
Associates $400 per hour
Paralegals $175 per hour
The firm received a pre-petition retainer in the amount of
$10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Christopher J. Langley, Esq., a partner at Shioda, Langley & Chang
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:
Gene H. Shioda, Esq.
Christopher J. Langley, Esq.
Steven P. Chang, Esq.
Shioda, Langley & Chang LLP
1063 E. Las Tunas Dr.
San Gabriel, CA 91776
Tel: (626) 281-1232
Fax: (626) 281-2919
Email: ghs@slclawoffice.com
chris@slclawoffce.com
schang@slclawoffice.com
About Viva Libre Restaurant Concepts
Viva Libre Restaurant Concepts Inc. operates Blue Agave Southwest
Grill, a Mexican and Southwestern fusion restaurant based in Yorba
Linda, California. The restaurant offers dishes like Mahi Mahi,
Mazatlan Mango Wrap and Montego Bay Coconut Shrimp.
Viva Libre filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-11186) on May 1,
2025. In its petition, the Debtor reported between $500,000 and $1
million in assets and between $1 million and $10 million in
liabilities.
Judge Theodor Albert handles the case.
The Debtor is represented by Christopher James Langley, Esq., at
Shioda Langley & Chang, LLP.
WARNER BROS: S&P Places 'BB+' ICR on CreditWatch Negative
---------------------------------------------------------
S&P Global Ratings placed all its ratings on Warner Bros. Discovery
Inc. (WBD), including the 'BB+' issuer credit rating, on
CreditWatch with negative implications.
At the same time, S&P lowered its issue-level on the company's
unsecured bonds to 'BB' from 'BB+ and revised the recovery rating
to '5' from '3'.
S&P said, "The CreditWatch placement reflects our view that the
separation of WBD's business will weaken our view of its credit
quality, as well as the uncertainty around its final capital
structure and leverage following the separation. As such, we could
lower the issuer rating on the company by one or more notches
depending on our view of its business (global networks), final
capital structure, and financial profile as of the close of the
transaction."
Warner Bros. Discovery Inc. (WBD) announced that it plans to
separate its studios and streaming business from its global
networks business to create a separate company. It is also
launching a tender offer for its unsecured bonds using $17.5
billion of secured bridge financing.
WBD announced that it will separate its studios and streaming (S&S)
business into a new publicly traded company, with the remaining
company comprising its global networks (GN) business. S&P said, "We
view the separation as credit negative for the company, therefore
we placed all our ratings on CreditWatch with negative
implications. The GN business faces significant secular pressure
because linear television continues to experience audience
declines, as well as subscribers losses and reduced advertising, as
more viewing shifts to streaming. Our view of the business will
weaken following the separation. We will assess the stand-alone GN
business, along with its final capital structure and financial
metrics, at close to determine the transaction's impact on our
rating. However, given our less-favorable view of the separated
business, as well as its considerable portion of the remaining
debt, we expect to lower our rating by one or more notches when the
separation is completed."
WBD has arranged a $17.5 billion secured bridge loan to fund a
tender offer for its unsecured bonds. The tender will materially
increase the amount of secured debt at the company because the
bridge loan, the existing term loan, and the revolving credit
facility will become secured once the tender is complete. The
transaction will shift WBD's capital structure to approximately 50%
secured and 50% unsecured from its currently 100% unsecured
position. S&P said, "The addition of the new secured debt will
negatively affect the recovery prospects for the company's
unsecured debt. Therefore, we lowered our issue-level rating to
'BB' and revised the recovery rating to '5'. The '5' recovery
rating indicates our expectation for modest (10%-30%; rounded
estimate: 10%) recovery for lenders in the event of a payment
default."
S&P said, "The CreditWatch placement reflects our view that the
separation of WBD's business will weaken our view of its credit
quality, as well as the uncertainty around its final capital
structure and leverage following the separation. As such, we could
lower the issuer credit rating on the company by one or more
notches depending on our view of its business (global networks),
final capital structure, and financial profile as of the close of
the transaction."
WATCHMEN SECURITY: Taps Barnes & Thornburg LLP as Special Counsel
-----------------------------------------------------------------
Watchmen Security LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Indiana to employ Barnes & Thornburg
LLP as special counsel.
The firm will represent the Debtor as its special litigation
counsel in connection with any and all disputes and litigation
between Debtor and the Ark Parties, including, but not limited to,
the Ark Motions and any subpoenas served in connection therewith.
The 2025 billing rates are:
Chris Bayh, Partner $705 per hour
Angela Freeman, Partner $610 per hour
Jonathan Sundheimer, Partner $635 per hour
David Kitchin, Associate $510 per hour
Chris Bayh, Partner $705 per hour
Angela Freeman, Partner $610 per hour
Jonathan Sundheimer, Partner $635 per hour
David Kitchin, Associate $510 per hour
In addition, the firm will seek reimbursement for out-of-pocket
expenses incurred.
Jonathan Sundheimer, Esq., a partner at Barnes & Thornburg,
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:
Jonathan Sundheimer, Esq.
Barnes & Thornburg LLP
One N. Wacker Drive, Suite 4400
Chicago, IL 60606
Telephone: (312) 357-1313
About Watchmen Security LLC
Watchmen Security, LLC is a commercial security, and surveillance
company in Indianapolis, Ind. It specializes in physical security,
camera installation, surveillance and low voltage security.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Ind. Case No. 24-00087) on Jan. 9,
2024, with up to $50,000 in assets and $1 million to $10 million in
liabilities. Austin Smith, chief executive officer, signed the
petition.
Judge James M. Carr oversees the case.
David Krebs, Esq., at Hester Baker Krebs, LLC represents the Debtor
as legal counsel.
WCB CONSTRUCTION: Seeks to Hire Gillman Capone LLC as Counsel
-------------------------------------------------------------
WCB Construction Services LLC seeks approval from the U.S.
Bankruptcy Court for the District of New Jersey to hire Gillman
Capone LLC as counsel.
The firm's services include:
a. advising the Debtor with respect to the power, duties and
responsibilities in the continued management of the financial
affairs as debtors, including the rights and remedies of the
debtors-in-possession with respect to its assets and with respect
to the claims of creditors;
b. advising the Debtor with respect to preparing and obtaining
approval of a Plan of Reorganization/Liquidation;
c. preparing on behalf of the Debtor, as necessary
applications, motions, complaints, answers, orders, reports and
other pleadings and documents;
d. appearing before this Court and other officials and
tribunals, if necessary, and protecting the interests of the
Debtors in federal, state and foreign jurisdictions and
administrative proceedings;
e. negotiating and preparing documents relating to the use,
liquidation, and disposition of assets, as requested by the
Debtor;
f. negotiating and formulating a Plan;
g. advising the Debtor concerning the day-to-day operations of
its business and the administration of its estate as
debtors-in-possession; and
h. performing such other legal services for the Debtor.
The individuals presently designated to represent the Debtor and
their rates are:
Justin M. Gillman, Esq. $525 per hour
Paralegals $235 per hour
Support Staff $125 per hour
The firm received a retainer in the amount of $16,738.
As disclosed in the court filings, Gillman Capone does not
represent an adverse interest to the estate, and is a disinterested
person under 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Justin M. Gillman, Esq.
GILLMAN CAPONE LLC
770 Amboy Avenue
Edison, NJ 08837
Tel: (732) 661-1664
Fax: (732) 661-1707
Email: ecf@gillmancapone.com
About WCB Construction Services LLC
WCB Construction Services LLC, based in Warren, New Jersey,
provides construction services to public and private sector clients
in the U.S.
WCB Construction Services LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No.
25-15085) on May 12, 2025. In its petition, the Debtor reports
estimated assets between $1 million and $10 million and estimated
liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Christine M. Gravelle handles the case.
The Debtors are represented by Justin M Gillman, Esq. at GILLMAN
CAPONE LLC.
WHIRLPOOL CORP: S&P Rates New $1.2BB Senior Unsecured Notes 'BB+'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating to
U.S.-based Whirlpool Corp.'s proposed $1.2 billion senior unsecured
notes. The proposed notes will be issued by Whirlpool Corp. The
recovery rating is '3', indicating creditors could expect
meaningful (50%-70%; rounded estimate: 55%) recovery in the event
of a payment default. S&P expects the proceeds from the offering
will be used to repay a portion of the outstanding borrowings under
its $1.5 billion term loan due on Oct. 31, 2025. S&P's ratings
assume the proposed transaction closes substantially on the terms
presented to us.
Issue Ratings--Recovery Analysis
Key analytical factors
Capital structure
The debt capital structure will primarily consist of:
-- $3.5 billion senior unsecured revolving credit facility
maturing May 3, 2027; and
-- $6.3 billion senior unsecured notes maturing between 2025 and
2050.
Security and guarantee package
The group's debt capital structure is unsecured. Whirlpool Corp. is
the primary borrower under its revolving credit facility and
notes--with the exception of about Euro 1.6 billion notes issued by
finance subsidiaries Whirlpool Finance Luxembourg S.a.r.l. and
Whirlpool EMEA Finance S.a.r.l., which are guaranteed by
Whirlpool.
The note indenture contains a change of control repurchase event
provision whereby Whirlpool will be required to repurchase the
notes if there is a change of control (as defined), and the notes
are rated below an investment-grade rating by any two of the three
rating agencies.
Insolvency regime
S&P Said, "In the event of an insolvency proceeding, we assume
Whirlpool would file for bankruptcy protection under the auspices
of the U.S. federal bankruptcy court system and not involve other
foreign jurisdictions. We believe creditors would receive maximum
recovery in a payment default if Whirlpool reorganized instead of
liquidated. This is primarily because of its well-recognized
brands, significant manufacturing footprint, and established
relationships with large national retailers."
Simulated default assumptions
S&P's simulated default scenario assumes a default in 2030,
reflecting protracted weak economic conditions, poor housing
demand, volatile input costs, and stringent demands from large
retailers. These factors cause significant EBITDA and cash flow
deterioration, resulting in a payment default.
Calculation of EBITDA at emergence:
-- Debt service: $580 million
-- Default year minimum capital expenditures: $306 million
-- Default EBITDA proxy: $886 million
-- Cyclicality adjustment: $44 million (5%)
-- Emergence EBITDA: $930 million
Valuation
-- Emergence EBITDA: $930 million
-- Multiple: 6x
-- Gross Emergence Enterprise Value: $5,579 million
Simplified waterfall
-- Net recovery value for waterfall after administrative expenses
(5%): $5,300 million
-- Obligor/nonobligor valuation split: 80%/20%
-- Senior unsecured claims: $9,598 million
-- Recovery expectation: 50%-70% (rounded estimate: 55%)
Note: All debt amounts include six months of prepetition interest.
WILLOUGHBY EQUITIES: Unsecureds' Recovery "Unknown" in Plan
-----------------------------------------------------------
Willoughby Equities, LLC, filed with the U.S. Bankruptcy Court for
the Eastern District of New York a Disclosure Statement describing
Chapter 11 Plan dated June 2, 2025.
The Debtor is a New York limited liability company with its
corporate office at 1606 45th Street, Brooklyn, New York 11204. The
Debtor is a single asset real estate entity that owns the Real
Property.
The Debtor proposes a Plan allowing the Debtor to continue three
consolidated appeals (the "Appeals") of the judgement of
foreclosure (the "Foreclosure Judgment") obtained by Twist Realty
LLC ("Twist") against the real property located at 599-601
Willoughby Avenue, Brooklyn, New York (the "Real Property").
The Debtor owns the Real Property as the successor-in-interest to
the borrower, 599-601 Willoughby, LLC ("Borrower"). Borrower
executed two notes (the "Notes") and two mortgages (the
"Mortgages", with the Loans, the "Loan Documents") secured by the
Real Property for the benefit of Valley National Bank ("VNB").
Twist is the successor-in-interest to VNB of the Loan Documents.
If the Debtor's is successful in the Appeals, then the Foreclosure
Judgment will be vacated and the Debtor will receive the
opportunity it never received from the trial court: to establish a
complete record as to whether Debtor was a bona fide purchaser of
the Real Property, a determination that was never made by the trial
court.
To achieve this end, the Debtor's principal is willing to: a)
remain current on all obligations post-confirmation; b) pay
interest on all liens that have greater priority than the
Mortgages; and c) make payments for the benefit of Twist, pending
the disposition of the Appeal, to insure that, should Twist succeed
on the Appeal, its value in the Real Property is not diminished. If
the Debtor is unsuccessful in the Appeal, then the Debtor will sell
the Real Property and distribute the proceeds consistent with state
law.
Class 6 consists of General Unsecured Claims. The allowed unsecured
claims total $283,606.57. Allowed General Unsecured Claims shall be
paid in full the earlier of: a) the date Mortgages are vacated by a
Court of competent jurisdiction; or b) the closing of the sale of
the Property, to the extent there are sufficient funds available to
satisfy the Class1, Class 2, Class 3, Class 4 and Class 5 Claims.
Claimants are impaired and are entitled to vote on the Plan.
The estimated recovery for General Unsecured Claims is "unknown",
according to the Disclosure Statement.
Class 7 consists of allowed Equity Interests. In the event the
Foreclosure Judgment is vacated, the Holder of the Class 7 Equity
Interests shall retain their existing prepetition Equity Interests
in the Debtor. In the event that the Real Property is sold, and
there is no surplus available for the holder of Class 7 Equity
Interests, the Equity Interests will be extinguished, and they are
deemed to reject the Plan. Since the holder of the Class 7 Equity
Interests are impaired, he is entitled to vote on the Plan.
As set forth with respect to the treatment of the Class 4 Claim,
the Real Property will either be sold or retained by the Debtor.
Debtor reserves the right to sell the Real Property at any time
prior to a determination by a Court of competent jurisdiction as to
the validity of the Mortgages. Under this scenario, counsel for the
Debtor shall hold the net proceeds of the sale of the Real Property
in escrow pending the disposition of the Appeals and consistent
with the treatment of the Class 4 Claim.
As of the Effective Date, the Debtor, by its sole member, Abraham
Lowenstein, shall pay: (i) Allowed Administrative Claims, Priority
Tax Claims, and United States Trustee's fees and (ii) interest on
account of the Class 1, Class 2, Class 3 Claims; and (iii) the
Twist AP Payments, through the date the validity of the Mortgages
are determined.
A full-text copy of the Disclosure Statement dated June 2, 2025 is
available at https://urlcurt.com/u?l=5QyCcB from PacerMonitor.com
at no charge.
About Willoughby Equities LLC
Willoughby Equities LLC is a Single Asset Real Estate debtor (as
defined in 11 U.S.C. Section 101(51B)). The Debtor is the owner of
real property located at 599-601 Willoughby St. valued at $3
million.
Willoughby Equities LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-44217)
on Oct. 10, 2024. In the petition filed by Abraham Lowenstein, as
president/sole member, the Debtor reported total assets of
$3,000,000 and total liabilities of $2,864,604.
Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by:
Eric Snyder, Esq.
WILK AUSLANDER LLP
825 Eight Avenue
Suite 2900
New York, NY 10019
Tel: (212) 981-2300
Fax: (212) 752-6380
E-mail: esnyder@wilkauslander.com
WINDWARD DESIGN: Court OKs Vehicle Sale to David Peace
------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has approved Windward Design Group Inc., to sell vehicle,
free and clear of liens, claims, and encumbrances.
The Debtor owns the 2021 Ford -F150 (VIN: 41663), with an estimated
current value of $40,000 and
$45,000.
The Court has authorized the Debtor to sell the Vehicle to Mr.
David Peace, and in exchange Mr. Peace will either pay all past due
amounts on the Vehicle and formally assume the Debtor's monthly
scheduled payments or provide the creditor Ford Motor Credit
Company the full Vehicle payoff amount.
The Vehicle will be sold "As-Is" with no representations or
warranties of any kind other than the Debtor's conveyance of good
and marketable title.
About Windward Design Group Inc.
Windward Design Group, Inc. filed Chapter 11 petition (Bankr. M.D.
Fla. Case No. 25-00780) on February 6, 2025, listing up to $10
million in both assets and liabilities. David G. Peace, president
of Windward Design Group, signed the petition.
Judge Catherine Peek McEwen oversees the case.
Edward J. Peterson, Esq., at Johnson, Pope, Bokor, Ruppel & Burns,
LLP, represents the Debtor as legal counsel.
WOLYNIEC CONSTRUCTION: Hires Hunyady Auction Company as Auctioneer
------------------------------------------------------------------
Wolyniec Construction, Inc. seeks approval from the U.S. Bankruptcy
Court for the Middle District of Pennsylvania to employ Hunyady
Auction Company as auctioneer.
Hunyady will advertise and market the Debtor's assets, and search
the market for buyers, and conduct an auction.
Auctioneer will receive a commission of 8 percent of the gross
auction proceeds. A fee of $17,500 will be paid to cover the costs
of advertising expenses.
Hunyady Auction Company is a "disinterested person" within the
meaning of 11 U.S.C. 101(14).
The firm can be reached through:
Timothy D. Dewey
Hunyady Auction Company
1440 Cowpath Rd
Hatfield, PA 19440
Phone: (215) 361-9099
About Wolyniec Construction, Inc.
Established in 1961, Wolyniec Construction, Inc. is a general
contracting firm based in Williamsport, Pa. It specializes in both
residential and commercial concrete construction, offering services
such as driveways, curbs, walkways, stairs, ponds, streetscaping,
parking lots, concrete repair, and resurfacing.
Wolyniec sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Pa. Case No. 25-00881) on March 31, 2025, listing
up to $10 million in both assets and liabilities. Steve Schenck,
president of Wolyniec, signed the petition.
Robert E. Chernicoff, Esq., at Cunningham, Chernicoff & Warshawsky,
P.C., represents the Debtor as legal counsel.
[] SWEDEN: Strong Access to Capital Cuts Risk for Real Estate Cos.
------------------------------------------------------------------
Nordic Credit Rating (NCR) has published its updated quarterly
comparison of NCR-rated Swedish property managers.
NCR covers a wide range of real estate companies in Sweden focusing
on a variety of property types, with both business risk and
financial risk factors varying substantially between rated issuers.
Consequently, NCR's ratings on Swedish real estate companies range
from 'A-' to 'BB'. Most are small in the context of the wider
Swedish property sector, with NCR-adjusted portfolio values of SEK
10bn to SEK 30bn.
The involved entities are:
- Platzer
- Intea
- Axfast
- Sv. Handelsfast.
- Bonnier Fastigheter
- Stenvalvet
- CA Fastigheter
- Stendorren
- Heba
- Stenhus Fastigheter
- Vacse
"Strong access to capital in both debt capital markets and the
banking system contributed to a decline in average interest rates
in the first quarter," said NCR credit analyst Gustav Nilsson.
"Despite increased geopolitical uncertainty following the announced
US rollout of tariffs, access to capital remains satisfactory. A
few NCR-rated issuers have raised new equity capital for growth so
far in the second quarter, and we expect transaction activity to
increase."
* Occupancy set to decrease slightly in the coming quarters
NCR stated: "We see a limited impact from a potential decline in
occupancy on the business risk profiles of the real estate
companies we rate. However, corporate defaults remain high in
Sweden, and the worst-affected sectors are construction, retail,
hotels and restaurants. We regard residential and community service
property managers with direct government funding as best positioned
to maintain high occupancy and rental growth in an economic
downturn."
Average remaining lease terms in the quarter range from a few
months for managers focusing on the residential segment to as much
as 9.8 years for community service property manager Vacse, an
increase from 9.6 years in the previous quarter ended 31 Dec. 2024.
Intea completed the construction of a prison facility in northern
Sweden, raising its average remaining lease term to 8.3 years from
7.8 years at the end of the prior quarter. Svenska
Handelsfastigheter increased its average remaining lease term to
5.4 years from 5.1 years due to successful renegotiations and new
lettings. Most other NCR-rated real estate issuers experienced a
decline in their average remaining lease term during the quarter,
with a larger impact on companies exposed to cyclical segments.
Occupancy rates among the property companies NCR rates fluctuate
between 90% and 100%. Managers of residential, retail and community
service properties are generally at the higher end of this range,
while office and industrial/logistics managers are usually at the
lower end owing to higher tenant rotation and cyclicality.
Occupancy remained stable during the quarter, though the
performance varied. Stenvalvet and Svenska Handelsfastigheter
experienced increases in occupancy rates of 80bps and 30bps,
respectively. The most significant decline in occupancy occurred in
the office segment, whereas other segments showed more stable
trends.
Net letting has stabilised with a slight decline during the
quarter, and NCR expects companies will continue working
proactively to keep their facilities occupied. We anticipate signs
of recovery in occupancy and more pronounced positive net letting
by the end of 2025 in the cyclical segments. However, tenants
reassessing their facilities and locations may offset some of the
positive contributions from higher rental growth. So far in 2025,
companies' net operating income margins have improved by 30bps on a
rolling 12-month basis.
The financial risk profiles of the companies NCR covers vary
substantially. Net debt/EBITDA, a key credit metric, is generally
comparatively weak among property managers with lower-yielding
assets, such as residential properties. It is also often weak at
companies that are growing rapidly, since net debt increases
instantly, while any resulting EBITDA gain comes over the
subsequent 12 months. This metric has seen improvement over the
last two years due to property managers' moderation of growth
ambitions after previous rapid expansion.
* Transaction volumes poised to increase as companies shift their
focus to growth
Following easing inflation, the Swedish central bank lowered its
key policy rate by 175bps in the period from May 2024 to February
2025. NCR stated: "We expect that the floating rate will remain at
2.0─2.25% during the remainder of 2025. In general, we foresee
improved financial risk profiles in the sector over the next couple
of years as the cost of financing levels out. Capital market
financing has become increasingly accessible at longer tenors since
2024, with substantial amounts of new issues at more normalised
levels relative to the elevated spreads of 2022 and 2023. We
believe that some issuers will become more growth oriented, after a
relatively conservative approach in the past due to uncertain
market conditions."
NCR stated: "Total transaction volumes in Sweden stood at SEK
35.3bn in the first quarter of 2025, up from SEK 27bn a year
earlier. However, NCR-rated issuers had limited transaction volumes
during this period. Notable transactions included CA Fastigheter's
purchase of Lidingö Centrum (outside of Stockholm) for SEK 811m,
and Platzer's sale of a school property in Södra Änggården
(south of Gothenburg) for SEK 552m. So far in the second quarter
of 2025, NCR-rated issuers have been more active, with Heba, Intea,
Svenska Handelsfastigheter, and Vacse making acquisitions. Yield
requirements have stabilised, and we expect it will be easier for
buyers and sellers to complete transactions in the current
environment. We anticipate higher transaction volumes for NCR-rated
issuers in the coming quarters.
"In addition to a purely ratio-driven assessment, we take into
account a real estate company's financial risk appetite when
considering financial risk. Among other factors, we consider a
company's average debt maturity and average fixed-interest period,
as well as its average interest rate. As with key credit metrics,
individual companies' approaches to financial risk vary
significantly. We believe that differences in levels of interest
rate hedging and debt maturity profiles have a marked impact on the
pace and extent of change in interest coverage over time.
* Interest coverage likely to rebound as financing costs level out
NCR stated: "Sector players' average debt maturity remained stable
at 2.5 years in the first quarter of 2025. We had anticipated that
companies would take advantage of the strong capital markets and
favourable financing conditions to lengthen their debt maturity
profiles before the announced US rollout of tariffs and the ensuing
uncertainty. A few issuers refinanced their debt in both capital
markets and the banking sector. The overall sample experienced a
decline in average interest cost by approximately 10bps, reducing
interest cost to 3.4% from 3.5%. This aligns with our expectations
for long-term sustainable levels, as interest rate derivatives
entered into at lower rates expire and borrowing margins compress.
The average interest-fixing period in our sample increased to 2.9
years, up by 0.1 years from the end of 2024. We expect interest
coverage will improve slightly for most issuers in the sample,
unless they face further operational challenges."
In January, Stenhus refinanced 60% of its outstanding bank debt,
which, along with its short interest-fixing profile led to a 30bps
decline in average interest rates during the first quarter.
In January, NCR revised its outlook on Platzer to stable from
negative and raised its issue rating on the company's senior
unsecured bonds to 'BBB-' from 'BB+'. NCR said: "We based our
decision on the expectation that the capital structure would
include a larger proportion of senior unsecured funding, with gross
secured loan-to-value below 40%. Subsequently, the company issued
two senior unsecured bonds amounting to SEK 750m in the quarter,
each with a four-year tenor. The spread levels were approximately
73bps lower than before, leading to a slight reduction in the
average interest rate for the period. However, this effect was
counterbalanced by higher margins on refinancing of maturing bank
debt and the expiration of swap contracts at low interest rates."
* Events after the first quarter
Equity raises
Both private and public equity markets appear accessible for
issuers. After the first quarter closed, three NCR-rated issuers
raised new equity capital.
In April, Vacse raised SEK 894m in new equity and added Telia
Pensionsstiftelse as a new owner. The ensuing reduction in net debt
effectively lowered NCR-adjusted net loan-to-value (LTV) to 27%
from 35% at the end of the first quarter. Vacse is likely to
maintain its low-risk strategy and disciplined acquisition
approach, resulting in uncertain timing of any new debt additions.
NCR anticipates the company will aim for a net LTV closer to 40%
over time, compared with current estimates around 27%.
In May, Stendörren raised SEK 300m in equity capital to capitalise
on growth opportunities. The equity raise effectively lowered net
LTV to 52.4% from 55.1% at the end of the first quarter. We expect
that the company will use the proceeds for financing acquisitions
and projects.
In May, Intea raised SEK 1.1bn in equity capital. The equity issue
reduces Intea's net debt to SEK 11.1bn from SEK 12.2bn, effectively
lowering NCR-adjusted LTV to 46% from 50% on a pro forma basis as
of 31 Mar. 2025. NCR expects this reduction in leverage to be
temporary, as the company has announced plans to use the proceeds
to finance its ambitious project pipeline, which require an
estimated SEK 11.2bn in investments in 2025─2031. Intea may also
make acquisitions if opportunities arise.
* Acquisitions
In April, Intea completed the acquisition of a jail facility in
Västerås for SEK 620m, with an estimated additional planned
investment of SEK 2.2bn in 2025─2028. Intea also secured the
contract for constructing a police station in Gävle, with an
estimated investment of SEK 1.6bn until 2030. We have incorporated
Intea's ambitious project pipeline in our forecast of its financial
ratios, which we expect will keep the net LTV within the company's
target range of 50─55%, NCR said.
In May, Heba signed a letter of intent for a joint venture with
PEAB to development a care and nursing home in Lilla Essingen, an
area in Stockholm, Sweden's capital. The project will likely be
completed during spring in 2028 and financed jointly by both
parties. We understand Heba plans to acquire the property upon
completion, with an estimated total investment of SEK 830m. In
NCR's view, this will have a limited impact on Heba's financial
metrics due to the long construction phase. Strong rental growth
from residential properties should support cash flows during the
development, offsetting the impact of increased debt.
In May, Vacse acquired two newly constructed community service
properties: an agency headquarters in Karlskrona and a district
court in Borås. These acquisitions were made through forward
funding arrangements entered in 2021 and 2022 at a fixed price.
This slightly reduces the company's property concentration, which
will nonetheless remain meaningful given Vacse's small size.
In May, Svenska Handelsfastigheter acquired a big-box retail
property located outside of Malmö, with a property value of SEK
929m, adding SEK 74m in annual rental income. The acquisition was
financed using equity capital. NCR said: "We expect this
acquisition to slightly diversify the company's tenant composition,
although a significant portion of tenants are the same as those in
other properties owned by Svenska Handelsfastigheter."
*********
Monday's edition of the TCR delivers a list of indicative prices
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obtained by TCR editors from a variety of outside sources during
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