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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
Tuesday, June 17, 2025, Vol. 29, No. 167
Headlines
1001 WL LLC: Trustee Hires PCR Brokerage as Real Estate Broker
1346 SAXON: Seeks Chapter 11 Bankruptcy in New York
1600 WESTERN: Case Summary & 13 Unsecured Creditors
23ANDME HOLDING: Founder Reacquires Co. for $305MM in Ch. 11 Sale
301 W NORTH: Hires Levenfeld Pearlstein as Special Counsel
339 RIVER ROAD: Case Summary & Nine Unsecured Creditors
500 CITY ISLAND: Property Sale Proceeds to Fund DD Notes' Plan
9501 PROPERTY: Seeks Chapter 11 Bankruptcy in New York
ACUTE HVACR: Hires Angel Oak Accounting LLC as Bookkeeper
ADMIRE CARE: Hearing on Bid to Use Cash Collateral Set for June 18
ADMIRE CARE: Seeks to Hire BransonLaw PLLC as Counsel
AHP HEALTH: Moody's Raises CFR to 'B1', Outlook Positive
AMBASSADOR VETERANS: Seeks Chapter 11 Bankruptcy in Puerto Rico
AMERI-DENT DENTAL: Gets Interim OK to Use Cash Collateral
AORS REALTY: Voluntary Chapter 11 Case Summary
ASPIRA WOMEN'S: Jeffrey Cohen Reports 775K Shares, Warrants
AURA SYSTEMS: Posts Wider FY 2025 Loss on Higher Expenses, Charges
BAMBI HEALTH: Files Amendment to Disclosure Statement
BEDMAR LLC: June 19 Deadline for Panel Questionnaires
BIG STORM PINELLAS: Seeks Chapter 11 Bankruptcy in Florida
BIO GYMNASTICS: Seeks to Hire ACM Law Group as Counsel
BIZ AS USUAL: Hires Jonathan H. Stanwood LLC as Attorney
BLUEBIRD BIO: Carlyle, SK Capital Complete Acquisition
BRADBURY DEODAR: Seeks Chapter 11 Bankruptcy in California
CADENCE BANK: Moody's Affirms 'Ba1(hyb)' Preferred Stock Rating
CINEMA MANAGEMENT: Gets Final OK to Use Cash Collateral
CKM SHINING: Trustee Hires Hahn Fife & Company as Accountant
CLJ HOME: Seeks to Hire James L. Lambert PC as Accountant
COMPANION CARE: Seeks Cash Collateral Access
CONSOLIDATED APPAREL: Gets Interim OK to Use Cash Collateral
CONTRACT MANAGED: Case Summary & 20 Largest Unsecured Creditors
CROWN HOLDINGS: S&P Affirms 'BB+' ICR on Lower Leverage
DAIRY FARMERS: S&P Alters Outlook to Positive, Affirms 'BB+'
DASHFIRE LLC: Gets OK to Use Cash Collateral Until July 19
DATAVAULT AI: Gregory Castaldo Holds 5.5% Equity Stake
DECORATIVE PLUMBING: Gets Final OK to Use Cash Collateral
DICK'S AUTOMOTIVE: Gets Final OK to Use Cash Collateral
DIGITALSPEED COMMUNICATIONS: Unsecureds Owed $9.8M to Recover 26%
DIOCESE OF BUFFALO: Parishes to Pay $80MM of $150MM Settlement
DISCOVER QUARTZ: Case Summary & 20 Largest Unsecured Creditors
DIVERSIFIED HEALTHCARE: All Proposals Approved at Annual Meeting
DMD FLORIDA: Plan Exclusivity Period Extended to August 4
DOLCHE TRUCKLOAD: Case Summary & 11 Unsecured Creditors
DOUBLE PLAY: Gets Interim OK to Use Cash Collateral Until June 23
E&J SHOE: Hires Van Horn Law Group P.A. as Counsel
EDGEWELL PERSONAL: S&P Alters Outlook to Neg., Affirms 'BB' ICR
EEHF 18 INC: Case Summary & 20 Largest Unsecured Creditors
EGZIT CORPORATION: Court Extends Cash Collateral Access to July 11
ELDORADO GOLD: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
ENDRA LIFE: Fails to Meet Nasdaq's Minimum Equity Rule
ESSENTIALS MASSAGE: Seeks Chapter 11 Bankruptcy in Florida
FEDERAL CAREGIVERS: Hires Tyler Bartl & Ramsdell as Counsel
FINLEY DESIGN: Case Summary & 20 Largest Unsecured Creditors
FIRST WAY: Claims to be Paid from Continued Operations
FLY7 INSTALLATIONS: Hires Downtown Auction Company as Appraiser
FRANCHISE GROUP: Seeks to Extend Plan Exclusivity to September 1
FULLER'S SERVICE: Plan Exclusivity Period Extended to July 8
GILLETTE ENTERPRISES: Gets Interim OK to Use Cash Collateral
GLOBAL CLEAN: Committee Hires McDermott Will as Counsel
GLOBAL CLEAN: Committee Hires Province LLC as Financial Advisor
GMS SUNSET: Seeks Chapter 11 Bankruptcy in Virginia
GOOD LIFE: Seeks Subchapter V Bankruptcy in Oregon
GREENWAVE TECHNOLOGY: Faces Nasdaq Noncompliance Over Late 10-Q
HAMMER FIBER: Inks Debt Exchange Deal With CGRPE
HARRCO TRANSPORTATION: Unsecureds to Split $35K in Plan
HOUSE OF PRAYER: Seeks Chapter 11 Bankruptcy in Florida
I A P CONSTRUCTION: Hires Advanced Financial as Counsel
IAMGOLD CORP: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
INNOVATIVE MEDTECH: Amends Ticketbash Purchase Deal With $1M Payout
INNOVATIVE MEDTECH: To Sell Sarah Adult, Day Care Unit for $300K
INTEGRAL EXPRESS: Case Summary & 20 Largest Unsecured Creditors
ION PLATFORM: S&P Assigned 'B+' ICR on Executed Merger
IQSTEL INC: Signs Deal to Buy 51% of Globetopper; Closing by July 1
JACKSON HOSPITAL: Plan Exclusivity Period Extended to August 2
KLX ENERGY: Moody's Rates Sr. Secured Notes Due 2030 'Caa2'
KUBERA HOTEL: Court OKs Deal to Use Wilmington's Cash Collateral
LEROUX CREEK: Seeks to Extend Plan Exclusivity to August 31
LIBBEY GLASS: Moody's Alters Outlook on 'B3' CFR to Negative
M.I.S. COMMODITIES: Wins Interim Approval to Use Cash Collateral
MARELLI AUTOMOTIVE: Gets Interim OK to Tap $519MM Chap.11 Financing
MAYFAIR-HABITAT GROUP: Hires Bach Law Offices Inc. as Attorney
MEME APPAREL: Case Summary & Seven Unsecured Creditors
MEMSTAR USA: Unsecureds Will Get 54% to 68% in Liquidating Plan
MIMOSAS A CALI: Case Summary & 12 Unsecured Creditors
MONARCHY RANCHERS: Gets Interim OK to Use Cash Collateral
NATIONAL FENCE: Hires Bibeault & Associates LLC as Accountant
NEUEHEALTH INC: Stockholders OK All Proposals at Annual Meeting
NOBLE GOODNESS: Seeks to Hire Sacks Tierney P.A. as Counsel
NORTHERN DYNASTY: Receives $12M Third Tranche Under Royalty Deal
OLB TRUCKING: Hires Calvin L. Jackson P.C. as Counsel
ORYX MIDSTREAM: Moody's Affirms 'Ba3' CFR, Outlook Remains Stable
PAGE AVE: Case Summary & One Unsecured Creditor
PAWLUS DENTAL: Hires Hester Baker Krebs LLC as Counsel
PHAIR COMPANY: Hires Grobstein Teeple as Financial Advisors
PINSTRIPES INC: Considers Chapter 11 Bankruptcy Filing
PLATINUM COACH: Gets Interim OK to Use Cash Collateral
PMHB LLC: Hires D&C Hospitality as Real Estate Broker
PROJECT PIZZA: Hires Kornfield Nyberg Bendes as Counsel
PROMETRIC HOLDINGS: Moody's Ups CFR to B2, Alters Outlook to Stable
PUNKO ONE: Hires Darby Law Practice Ltd as Bankruptcy Counsel
PURDUE PHARMA: Ch. 11 Plan Threatens Sackler Claims, Says McKinsey
QVC GROUP: Exec Chair Retains Role Under New Employment Agreement
RAFTER H FARM: Case Summary & 13 Unsecured Creditors
REVIVA PHARMACEUTICALS: Inks $50M ATM Sales Deal With B. Riley, AGP
REVOLUTION AUTO: Claims to be Paid from Ongoing Operations
ROCKY MOUNTAIN: SVP of Operations Ryan McGrath to Resign July 3
RUNWAY TOWING: Plan Exclusivity Period Extended to November 25
S&S FOODS: Gets Interim OK to Use Cash Collateral
S&S HOLDINGS: Moody's Lowers CFR to B3 & Alters Outlook to Stable
SAFE & GREEN: Signs LOI to Acquire Giant Containers for $3.5-Mil.
SALON SUITES: Case Summary & Five Unsecured Creditors
SAMYS OC: Gets Extension to Access Cash Collateral
SANCTUARYSPA INC: Case Summary & 11 Unsecured Creditors
SAZERAC CO: S&P Assigns 'BB-' Issuer Credit Rating, Outlook Stable
SCOOPIE LLC: Seeks to Hire Cooper & Scully as Counsel
SEXTANT STAYS: Hires Edelboim Lieberman PLLC as Counsel
SHARPLINK GAMING: Alpha Capital Cuts Stake to 0.004%
SILVER AIRWAYS: Shuts Operations, Argentum Buys Assets
SKYSKOPES INC: Case Summary & 20 Largest Unsecured Creditors
SMALL FORTUNE: Gets Extension to Access Cash Collateral
SOLANO HOME: Case Summary & Four Unsecured Creditors
SOLUNA HOLDINGS: Registers 5.2M Shares Under Stock Incentive Plans
SPHERE 3D: All Proposals OK'd at Annual and Special Meeting
SPLAT SUPER: Moody's Assigns 'B3' CFR, Outlook Stable
SURVWEST LLC: Seeks Cash Collateral Access Until Oct. 5
TBOTG DEVELOPMENT: Hires Munsch Hardt Kopf as Counsel
TERRA LAKE: Trustee Files Emergency Bid to Use Cash Collateral
TERRA LAKE: Trustee Hires Rappaport Osborne as Counsel
THRASIO HOLDINGS: S&P Cuts ICR to 'CCC-' on Elevated Default Risk
TJC SPARTECH: Moody's Withdraws 'Caa3' Corporate Family Rating
TONIX PHARMACEUTICALS: Registers 3.87M Shares Under 2020 Plan, ESPP
TREE CONNECTION: Unsecureds Will Get 7.5% of Claims over 5 Years
TRINITY INTEGRATED: Gets Interim OK to Use Cash Collateral
TRULEUM INC: Harry McMillan Appointed Interim Board Chair
UNISYS CORP: Moody's Affirms 'B2' CFR, Outlook Stable
VENUS CONCEPT: Amends Debt Terms With Madryn Through June 30
VIRGINIA BEACH: Hires Downtown Auction Company as Appraiser
VIRGINIA PARK: Case Summary & Two Unsecured Creditors
VSM PROPERTIES: Case Summary & One Unsecured Creditor
WARNER BROS: Fitch Lowers LongTerm IDR to BB+, On Watch Negative
WARNER BROS: Moody's Assigns 'Ba1' CFR, On Review for Downgrade
WELLPATH HOLDINGS: Court Declines to Lift Stay on Gardner Suit
WOLF'S LAIR: Hires Cooper & Scully PC as Counsel
WORKSPORT LTD: April Sales Hit $1.22M, Driven by AL4 Launch
WORTHY'S RUN: Hires Law Office of David Cahn LLC as Counsel
WW INTERNATIONAL: Modifies Restructuring Support Deal
WYNN RESORTS: S&P Rates Senior Secured Credit Facility 'BB+'
WYNN TEC: Seeks to Hire PPL Group LLC as Auctioneer
*********
1001 WL LLC: Trustee Hires PCR Brokerage as Real Estate Broker
--------------------------------------------------------------
John Patrick Lowe, the Trustee for 1001 WL, LLC, seeks approval
from the U.S. Bankruptcy Court for the Western District of Texas to
employ PCR Brokerage Houston, LLC as real estate broker.
The firm will market and sell the Debtor's real property located at
1001 West Loop South in Harring County, Texas.
The firm will be paid a 2 percent commission if the real property
sells to a purchaser other than TIG Romspen US Master Mortgage LP,
and a flat fee of $50,000 if the real property is purchased by TIG
Romspen.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Travis L. Rodgers
PCR Brokerage Houston, LLC
1360 Post Oak Blvd, Suite 1900
Houston, TX 77056
About 1001 WL, LLC
1001 WL, LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-10119) on
Feb. 6, 2024. In the petition signed by Drew Dennett, authorized
signatory, the Debtor disclosed up to $50 million in both assets
and liabilities.
Judge Shad Robinson oversees the case.
Stephen W. Sather, Esq., at Barron & Newburger PC represents the
Debtor as counsel.
1346 SAXON: Seeks Chapter 11 Bankruptcy in New York
---------------------------------------------------
On June 12, 2025, 1346 Saxon LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of New York.
According to court filing, the Debtor reports $1,531,082 in
debt owed to 1 and 49 creditors. The petition states funds will
not be available to unsecured creditors.
About 1346 Saxon LLC
1346 Saxon LLC owns a property located at 1346 Saxon Avenue in Bay
Shore, New York. The real estate asset has an estimated value of
$400,000.
1346 Saxon LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42862) on June 12,
2025. In its petition, the Debtor reports total assets of $400,000
and total debts of $1,531,082.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtors are represented by Charles Higg, Esq., at THE LAW
OFFICES OF CHARLES A. HIGGS.
1600 WESTERN: Case Summary & 13 Unsecured Creditors
---------------------------------------------------
Debtor: 1600 Western Venture L.L.C.
2443 W. 16th Street, Suite 36
Chicago, IL 60608
Business Description: 1600 Western Venture L.L.C. owns and manages
a multi-parcel commercial property complex
at 2443–2444 West 16th Street in Chicago,
Illinois. The site includes multiple
buildings, such as a three-story structure
and a five-story warehouse, spread across
several tax parcels. The Company's holdings
total approximately 3.5 acres of land and
are valued at $19.4 million.
Chapter 11 Petition Date: June 10, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-08821
Judge: Hon. Jacqueline P Cox
Debtor's Counsel: Penelope Bach, Esq.
BACH LAW OFFICES
P.O. Box 1285
Northbrook, IL 60065
Tel: (847) 564-0808X216
Fax: (847) 564-0985
E-mail: pnbach@bachoffices.com
Total Assets: $28,776,721
Total Liabilities: $9,469,355
The petition was signed by Dorothy Flisk as managing member.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/OCLCFBA/1600_Western_Venture_LLC__ilnbke-25-08821__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 13 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Carson Elevator $100,016
Services, Inc
2468 Wisconsin Ave
Downers Grove, IL 60515
2. Christy Webber landscapes $9,195
2900 W. Ferdinand St
Chicago, IL 60612
3. City of Chicago Water $96,008
Dept. of Finance,
Utility Billing
PO Box 6330
Chicago, IL 60680
4. City of Chicago Water $26,047
Dept. of Finance,
Utility Billing
PO Box 6330
Chicago, IL 60680
5. CommonWealth Edison $14,957
PO Box 6111
Carol Stream, IL 60197
6. CommonWealth Edison $8,686
PO Box 6111
Carol Stream, IL 60197
7. Gary Plotnick $36,900
Thompson Coburn, LLP
55 E Monroe St 37th Floor
Chicago, IL
8. Illinois Department of Revenue $3,042
P.O. Box 19035
Springfield, IL 62794
9. Peoples Gas Company $3,048
PO Box 1110
Chicago, IL 60625
10. Peoples Gas Company $2,468
PO Box 1110
Chicago, IL 60625
11. Peoples Gas Company $1,597
PO Box 1110
Chicago, IL 60625
12. Peoples Gas Company $1,465
PO Box 1110
Chicago, IL 60625
13. Peoples Gas Company $980
PO Box 1110
Chicago, IL 60625
23ANDME HOLDING: Founder Reacquires Co. for $305MM in Ch. 11 Sale
-----------------------------------------------------------------
Bonnie Eslinger of Law360 Bankruptcy Authority reports that on
Friday, June 13, 2025, 23andMe announced that a nonprofit
affiliated with founder Anne Wojcicki won the company's assets in a
$305 million bankruptcy sale, beating out a competing bid from
Regeneron Pharmaceuticals.
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC, as
restructuring advisor. Lewis Rice LLC, Moelis & Company LLC, and
Goodwin Procter LLP are serving as special local counsel,
investment banker, and legal advisor to the Special Committee of
23andMe's Board of Directors, respectively. Reevemark and Scale are
serving as communications advisors to the Company. Kroll is the
claims agent.
301 W NORTH: Hires Levenfeld Pearlstein as Special Counsel
----------------------------------------------------------
301 W North Avenue, LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to employ Levenfeld
Pearlstein, LLC as special litigation counsel.
The Debtor needs the firm's legal assistance in connection with a
case (Case No. 2020 CH 6902) filed in the Circuit Court of Cook
County, Illinois, captioned as 301 W. North Ave., LLC v. 315 W.
North Ave., L.P., and Peter O'Brien, Sr.
The firm will be paid at the rate of $785 per hour.
The firm received from the Debtor a retainer of $55,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Spathis 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:
George J. Spathis, Esq.
Levenfeld Pearlstein, LLC
120 S Riverside Plaza, Suite 1800
Chicago, IL 60606 USA
Tel: (312) 476-7514
Email: gspathis@lplegal.com
About 301 W North Avenue, LLC
301 W North Avenue LLC is a real estate debtor with a single asset,
as outlined in 11 U.S.C. Section 101(51B), and its main property is
situated at 1552 N. North Park Avenue, Chicago, IL 60610.
301 W North Avenue LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-05275) on April 5,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million to $50 million each.
Honorable Bankruptcy Judge Timothy A. Barnes handles the case.
The Debtor is represented by Robert Glantz, Esq., at Much Shelist,
PC.
339 RIVER ROAD: Case Summary & Nine Unsecured Creditors
-------------------------------------------------------
Debtor: 339 River Road Holdings, LLC
1604 Deerfield Road
Wate Mill, NY 11976
Business Description: 339 River Road Holdings is a real estate
company that owns a single property located
at 339 River Road in Edgewater, New Jersey.
The property has an appraised value of $80
million.
Chapter 11 Petition Date: June 12, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-16275
Debtor's Counsel: Bruce H. Levitt, Esq.
LEVITT & SLAFKES, P.C.
515 Valley Street
Suite 140
Maplewood, NJ 07040
Tel: (973) 313-1200
Total Assets: $80 million
Total Liabilities: $55,569,838
The petition was signed by Bruce Sturman as managing agent.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/C2WBYKI/339_River_Road_Holdings_LLC__njbke-25-16275__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Nine Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Edgewater Tax Collector Unknown
55 River Road
Edgewater, NJ 07020
2. Gensler Architecture, Judgment $1,011,626
Design & Planning, PC Construction
1700 Broadway, Suite 400 Lien
New York, NY 10019
3. High Ground Judgment $225,000
Industrial, LLC Construction
12 Industrial Drive Lien
Florida, NY 10921
4. Hongkun USA Real $0
Estate Holding, LLC
122 Anderson Avenue
Fort Lee, NJ 07024
5. Janice Hurewitz and Personal $0
Jeffrey Hurewitz Injury
4 Horizon Road Action
Fort Lee, NJ 07024
6. Liqing Dong and Jiaoyan Yi Judgment $872,050
Attn: Edward David, Esq. Equitable
Edward David & Mortgage
Associates, LLC
72 Eagle Rock Avenue
East Hanover, NJ 07936
7. Matrix New World Judgment $127,490
Engineering, Land
Surveying and Landscape
Architecture, PC
442 State Route 35,
2nd Floor
Eatontown, NJ 07724
8. Mueser Rutledge Judgment $333,670
Consulting Engineers, PL Construction
14 Penn Plaza Lien
225 West 34th Street
New York, NY 10122
9. William Torres Personal $0
Attn: Anthony R. Injury
Fattell, Esq. Action
Lord, Kobrin, Alvarez
& Fattell, LLC
1283 Route 22 East
Mountainside, NJ 07092
500 CITY ISLAND: Property Sale Proceeds to Fund DD Notes' Plan
--------------------------------------------------------------
Secured Creditor DD Notes, LLC filed with the U.S. Bankruptcy Court
for the Southern District of New York a Disclosure Statement
describing Chapter 11 Plan for 500 City Island Ave., LLC dated June
3, 2025.
The Debtor is a single asset realty corporation as defined under
section 101(51B) of the United States Bankruptcy Code. The Debtor
owns the real property located at 500 City Island Ave., Bronx, NY
10464, (the "Property").
The Debtor acquired the Property by deed dated October 3, 2013
recorded on October 28, 2013 in the Bronx County Clerk's Office at
Document ID: 201310141400799001. Affiliated debtor Ohana Restaurant
Corp., dba Ohana Japanese Hibachi Seafood and Steak ("Ohana")
operates a restaurant at the Property pursuant to a lease agreement
(the "Lease"). DD Note, LLC holds a first position note and
mortgage covering the property and a collateral assignment of rents
and related assets (the "DD Mortgage").
Due to Debtor's default under the DD Mortgage, on or about March
20, 2024, DD Notes, LLC commenced an action to foreclose (the
"State Court Action") on the Property in Bronx County Supreme
Court, DD Notes, LLC v. 500 City Island Ave., LLC, et al, Index No.
804673/2024E. The plaintiff, DD Notes, LLC, had also filed a motion
with the State Court seeking the appointment of a temporary
receiver. The Debtor has stated that it filed this bankruptcy in
order to the prevent the appointment of the temporary receiver
sought by DD Notes LLC, and to sell the Property.
The Secured Creditor has filed a motion to approve a sale of
Debtor's real property and to approve bidding procedures in
connection with the sale (the "Sale Motion"). These filings will
permit the sale process to proceed in a relatively rapid fashion
with a tentative outside closing date of 20 days following the
entry of the Bankruptcy Court Order confirming the Plan, which date
will be set by the Court in connection with the Sale Motion.
The Secured Creditor intends to seek Bankruptcy Court approval of
the auction results simultaneously with the hearing to consider
confirmation of this Plan, with a closing to follow shortly
thereafter so the transaction qualifies for transfer tax exemptions
under Section 1146(a) of the Bankruptcy Code. DD Notes has obtained
a Broker's Price Opinion which values the Property at approximately
$1,800,000. The proceeds of the sale will be used to fund the plan
with distributions to be made on a waterfall basis to creditors in
order of priority.
The Plan contemplates the expeditious liquidation of the Debtor's
Property, with the proceeds to be used to pay creditors of the
Debtor. As required by the Code, the Creditor's Plan places all
claims in various classes and describes the treatment each class
will receive. The Plan also states whether each class of claims is
impaired or unimpaired. If the Plan is confirmed, your recovery
will be limited to the amount provided by the Plan.
Class 4 consists of All Unsecured Claims. The Class 4 Claims are
comprised of the NYS Department of Taxation and Finance's general
unsecured claim in the amount of $2199.20 and the IRS's general
unsecured claim in the amount of $9368.95. Class 4 Claims will be
paid from the proceeds of a sale of the Debtor's Property, if any.
Class 4 Claims are impaired and are entitled to vote.
The Plan shall be implemented and funded through the sale of the
Property in accordance with the Auction sale process conducted
pursuant to the terms of the Approved Bid Procedures. The results
of the Auction shall be confirmed at the Confirmation Hearing and
incorporated as part of the Plan and Confirmation Order.
A full-text copy of the Disclosure Statement dated June 3, 2025 is
available at https://urlcurt.com/u?l=vPh83b from PacerMonitor.com
at no charge.
Attorney for the Secured Creditor:
Ronald M. Terenzi, Esq.
Terenzi & Confusione, P.C.
401 Franklin Avenue, Suite 304
Garden City, NY 11530
(516) 812-0800
Email: rterenzi@tcpclaw.com
About 500 City Island Ave.
500 City Island Ave., LLC is engaged in activities related to real
estate. The Debtor is the fee simple owner of a single-story,
single-tenant commercial building valued at $2.95 million.
500 City Island Ave. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 24-11263) on July
22, 2024, listing $2,950,000 in total assets and $1,400,000 in
total liabilities. Norberto Rodriguez, managing member, signed the
petition.
Judge John P. Mastando, III oversees the case.
The Law Office of James J. Rufo represents the Debtor as legal
counsel.
9501 PROPERTY: Seeks Chapter 11 Bankruptcy in New York
------------------------------------------------------
On June 12, 2025, 9501 Property LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of New York.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About 9501 Property LLC
9501 Property LLC is a single-asset real estate company that owns
and operates a single real property asset, in accordance with the
definition under U.S. bankruptcy law.
9501 Property LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42848) on June 12,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
The Debtors are represented by Vivian M. Williams, Esq. at VMW LAW
PC.
ACUTE HVACR: Hires Angel Oak Accounting LLC as Bookkeeper
---------------------------------------------------------
Acute HVACR, LLC seeks approval from the U.S. Bankruptcy Court for
the District of South Carolina to employ Angel Oak Accounting, LLC
as bookkeeper.
The firm's services include:
a. monthly account reconciliations;
b. financial reporting;
c. bankruptcy reporting, including monthly operating reports;
and
d. cash flow and budget reporting.
The firm will be paid a flat monthly fee of $3,706. In addition to
the flat monthly fee, the firm will also prepare all applicable
state and federal income tax returns for a flat fee of $600 per tax
year.
Ms. Dolbeck 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:
Stephanie Dolbeck
Angel Oak Accounting, LLC
259 Belvedere Drive
Eutaville, SC 29048
Tel: (843) 419-6953
About Acute HVACR, LLC
Acute HVACR, LLC is a heating, ventilation, air conditioning, and
refrigeration contractor based in Summerville, S.C.
Acute HVACR sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.S.C. Case No. 25-01661) on May 1,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Elisabetta Gm Gasparini handles the case.
The Debtor is represented by Michael Conrady, Esq., at Campbell Law
Firm, PA.
ADMIRE CARE: Hearing on Bid to Use Cash Collateral Set for June 18
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division is set to hold a hearing on June 18 to consider
another extension of Admire Care, LLC's authority to use cash
collateral.
The company's authority to use cash collateral pursuant to the
court's June 4 order expires on June 18.
The June 4 order approved the payment of the company's expenses
from the cash collateral in accordance with the budget it filed
with the court.
The order granted the company's lenders 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 their pre-bankruptcy lien.
About Admire Care LLC
Admire Care LLC is a home health care services provider based in
Clermont, Florida that offers medical and non-medical care to
patients in their homes.
Admire Care LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla.Case No. 25-03163-GER) on
May 27, 2025. In its petition, the Debtor reports estimated assets
up to $50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Tiffany P. Geyer handles the case.
The Debtors are represented by Jeffrey Ainsworth, Esq. at
BransonLaw PLLC.
ADMIRE CARE: Seeks to Hire BransonLaw PLLC as Counsel
-----------------------------------------------------
Admire Care, LLC seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida to employ BransonLaw, PLLC as
counsel.
The professional services the firm is to render include:
a. prosecute and defend any causes of action on behalf of the
Debtor; prepare, on behalf of the Debtor, all necessary
applications, motions, reports and other legal papers;
b. assist in the formulation of a plan of reorganization; and
c. provide all other services of a legal nature.
The firm's attorneys and paralegals will be paid at their hourly
rates between $560 to $200 plus out-of-pocket expenses.
The firm also received an advance fee of $7,395 for post-petition
services from the Debtor.
Jeffrey Ainsworth, Esq., an attorney at BransonLaw, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jeffrey Ainsworth, Esq.
BransonLaw, PLLC
1501 E. Concord Street
Orlando, FL 32803
Telephone: (407) 894-6834
Email: jeff@bransonlaw.com
About Admire Care, LLC
Admire Care LLC is a home health care services provider based in
Clermont, Florida that offers medical and non-medical care to
patients in their homes.
Admire Care LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla.Case No. 25-03163-GER) on
May 27, 2025. In its petition, the Debtor reports estimated assets
up to $50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Tiffany P. Geyer handles the case.
The Debtors are represented by Jeffrey Ainsworth, Esq. at
BransonLaw PLLC.
AHP HEALTH: Moody's Raises CFR to 'B1', Outlook Positive
--------------------------------------------------------
Moody's Ratings upgraded AHP Health Partners, Inc.'s ("AHP Health"
dba "Ardent Health") corporate family rating to B1 from B2 and
probability of default rating to B1-PD from B2-PD. Moody's also
upgraded AHP Health's backed senior secured bank credit facility
rating to Ba3 from B1 and senior unsecured notes rating to B3 from
Caa1. The outlook is positive.
The ratings upgrade reflects Moody's expectations that AHP Health
will maintain solid credit metrics with very good liquidity.
Moody's anticipates that the company will continue to operate with
debt/EBITDA in the low 3.0x range. The company reduced its
debt/EBITDA materially after a pay down of approximately $100
million in senior secured term loan borrowings using internal
resources in 2024.
RATINGS RATIONALE
AHP Health's B1 CFR reflects the company's good scale with dominant
position in the company's key markets. The rating benefits from the
company's business model of working effectively with select
not-for-profit health systems in joint venture partnership
arrangements. Moody's estimates that the company's debt/EBITDA was
approximately 3.3x at the end of March 31, 2025.
AHP Health's rating is constrained by geographic concentration in
Texas, Oklahoma and New Mexico, from where it derives more than 75%
of its revenue. The company also has concentrated ownership
structure with two investors owning approximately 75% of the
company's shares. Other constraining factors include industrywide
challenges of cost inflation and reimbursement pressures.
Moody's expects that AHP Health will maintain very good liquidity
over the next 12 to 18 months. As of March 31, 2025, the company's
cash and cash equivalents totaled $495 million, of which
approximately $50 million was held by the company's joint ventures.
The company also had $295 million available under its $325 million
asset-based revolving credit facility (ABL). Moody's expects that
AHP Health will generate free cash flow of about $85 million in the
next 12 months.
The ABL contains a springing minimum fixed charge coverage covenant
of 1.0x that is tested when availability falls below the greater of
$25.0 million or 10% of the ABL. Moody's do not expects the
covenant on the ABL will be tested. Moody's also expects the
company to remain in compliance with the three Ventas Master Lease
financial covenants (portfolio coverage ratio greater than/equal to
2.2x, guarantor fixed charge ratio greater than/equal to 1.2x, and
guarantor net leverage ratio less than/equal to 6.75x). The
company's alternate liquidity options are limited, as the majority
of its assets are encumbered by bank credit facilities.
AHP Health's senior secured first lien term loan is rated Ba3, one
notch higher than the B1 CFR. This reflects its priority position
to a considerable amount of unsecured notes. The term loan has a
second lien pledge on substantially all of the company's accounts
and other receivables that are securing the $325 million ABL
facility (unrated). The senior unsecured notes are rated B3,
reflecting the notes' junior position to a significant amount of
senior secured debt.
The positive outlook reflects the company's improving free cash
flow and a commitment to operate with debt/EBITDA in the low 3x.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if AHP Health sustains debt/EBITDA
below 3.5x while maintaining sustained organic growth and
consistently positive free cash flow.
The ratings could be downgraded if liquidity weakens or if AHP
Health experiences a deterioration in operating performance that
can include a decline in margins or cash flow coverage metrics. A
downgrade could also occur if the company makes a material
debt-funded acquisition or shareholder initiative, or if
debt/EBITDA is sustained above 4.5x.
AHP Health Partners, Inc., headquartered in Brentwood, TN, is a
leading provider of healthcare through a system of 30 acute care
hospitals and approximately 280 sites of care across six states in
the US. The company is listed on the New York Stock Exchange;
however, approximately 75% of its shares are owned by two investors
(EGI-AM Investments, L.L.C. and Pure Health Holding PJSC). Revenues
for the twelve months ended March 31, 2025, totaled about $6.0
billion.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
AMBASSADOR VETERANS: Seeks Chapter 11 Bankruptcy in Puerto Rico
---------------------------------------------------------------
On June 13, 2025, Ambassador Veterans Services of Puerto Rico LLC
filed Chapter 11 protection in the U.S. Bankruptcy Court for the
District of Puerto Rico. According to court filing, the
Debtor reports $4,068,135 in debt owed to 50 and 99 creditors.
The petition states funds will be available to unsecured
creditors.
About Ambassador Veterans Services of Puerto Rico
LLC
Ambassador Veterans Services of Puerto Rico LLC operates a nursing
and intermediate care facility for veterans in Juana Diaz, Puerto
Rico. The Company provides residential healthcare services to
eligible veterans at its location in Barrio Amuelas.
Ambassador Veterans Services of Puerto Rico LLC sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.P.R. Case No.
25-02690) on June 13, 2025. In its petition, the Debtor
reports total assets of $2,567,403 and total liabilities of
$4,068,135.
The Debtors are represented by Javier Vilarino, Esq. at VILARINO
AND ASSOCIATES LLC.
AMERI-DENT DENTAL: Gets Interim OK to Use Cash Collateral
---------------------------------------------------------
Ameri-Dent Dental Laboratory, LLC received interim approval from
the U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division to use cash collateral.
The interim order signed by Judge Catherine Peek Mcewen authorized
the company to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee for
quarterly fees; the expenses set forth in the budget, plus an
amount not to exceed 10% for each line item; and additional amounts
expressly approved in writing by secured creditor.
Kapitus Servicing Inc. and other creditors with a security interest
in cash collateral will have a perfected post-petition lien on the
cash collateral to the same extent and with the same validity and
priority as their pre-bankruptcy liens.
As additional protection, Ameri-Dent Dental Laboratory was ordered
to make monthly payments of $500 to Kapitus starting this month.
About Ameri-Dent Dental Laboratory
Ameri-Dent Dental Laboratory, LLC is a dental laboratory likely
specializing in the manufacturing of dental prosthetics,
appliances, and customized dental products.
Ameri-Dent Dental Laboratory sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02876) on May 2, 2025. In its petition, the Debtor reported
between $10,000 and $50,000 in assets and between $100,000 and
$500,000 in liabilities.
Judge Catherine Peek McEwen handles the case.
The Debtor is represented by James W. Elliott, Esq., at McIntyre
Thanasides Bringgold, Elliott.
AORS REALTY: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: AORS Realty, LLC
525 Teaneck Road
Ridgefield Park NJ 07660
Business Description: AORS Realty leases real estate properties
for rental operations.
Chapter 11 Petition Date: June 13, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-16292
Debtor's Counsel: Diana Woody, Esq.
SCURA WIGFIELD, HEYER, STEVENS & CAMMAROTA LLP
1599 Hamburg Turnpike
Wayne NJ 07470
Tel: 201-490-4777
E-mail: dwoody@scura.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $100,000 to $500,000
The petition was signed by Addy M. Ors as member.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/XVKQCUA/AORS_Realty_LLC__njbke-25-16292__0001.0.pdf?mcid=tGE4TAMA
ASPIRA WOMEN'S: Jeffrey Cohen Reports 775K Shares, Warrants
-----------------------------------------------------------
Jeffrey K. Cohen, Director at Aspira Women's Health Inc., disclosed
in a Form 3 filed with the U.S. Securities and Exchange Commission
that as of June 2, 2025, he beneficially owned 320,141 shares of
common stock directly and 5,000 shares indirectly through his
spouse. He also holds a warrant to purchase 450,318 shares of
common stock, exercisable beginning September 12, 2025, at an
exercise price of $0.50 per share, subject to a reduced price of
$0.25 if exercised within two years of issuance.
A full-text copy of Mr. Cohen's SEC report is available at:
https://tinyurl.com/ydatmmuw
About Aspira Women's Health
Formerly known as Vermillion, Inc., Aspira Women's Health Inc. --
http://www.aspirawh.com-- is dedicated to the discovery,
development, and commercialization of noninvasive, AI-powered tests
to aid in the diagnosis of gynecologic diseases. OvaWatch and
Ova1Plus are offered to clinicians as OvaSuiteSM. Together, they
provide a comprehensive portfolio of blood tests to aid in the
detection of ovarian cancer for the 1.2+ million American women
diagnosed with an adnexal mass each year. OvaWatch provides a
negative predictive value of 99% and is used to assess ovarian
cancer risk for women where initial clinical assessment indicates
the mass is indeterminate or benign, and thus surgery may be
premature or unnecessary. Ova1Plus is a reflex process of two
FDA-cleared tests, Ova1 and Overa, to assess the risk of ovarian
malignancy in women planned for surgery.
Boston, Massachusetts-based BDO USA, P.C., the Company's auditor
since 2012, issued a "going concern" qualification in its report
dated March 27, 2025, attached to the Company's Form 10-K Report
for the year ended December 31, 2024, citing that the Company has
suffered recurring losses from operations and expects to continue
to incur substantial losses in the future, which raise substantial
doubt about its ability to continue as a going concern.
As of Dec. 31, 2024, Aspira Women's Health had $5.49 million in
total assets, $8.05 million in total liabilities, and a total
stockholders' deficit of $2.56 million. The Company's working
capital deficit was $1,285,000 at Dec. 31, 2024.
AURA SYSTEMS: Posts Wider FY 2025 Loss on Higher Expenses, Charges
------------------------------------------------------------------
Aura Systems, Inc., reported a net loss of $21.14 million on
$50,000 in revenue for the fiscal year ending Feb. 28, 2025,
widening from a $4.22 million loss on $56,000 in revenue a year
earlier, as disclosed in the Company's Form 10-K filed with the
Securities and Exchange Commission. The larger loss reflects
higher stock-based compensation, a loss on debt extinguishment to a
related party, and changes in the fair value of a derivative
liability.
For the year ended Feb. 28, 2025, the Company used cash in
operations of $3.2 million, and at Feb. 28, 2025, had a
stockholders' deficit of $37.6 million. In addition, at Feb. 28,
2025, notes payable and related accrued interest with an aggregate
balance of $5.2 million have reached maturity and are past due.
Prior to Fiscal 2020, the Company relied on equity financing and
private debt to maintain liquidity, with no access to a bank credit
line. The Company said it will need additional debt or equity
funding to continue operations. Management estimates it requires
$6 million to sustain current activities and boost shipment volumes
in Fiscal 2026.
Aura Systems said it cannot guarantee that additional financing
will be available or that it will meet commercial targets needed to
sustain operations. The Company warned that issuance of additional
shares of equity in connection with such financing could dilute the
interests of its existing stockholders, and such dilution could be
substantial. If the Company cannot raise the needed funds, it will
also be forced to make further substantial reductions in its
operating expenses, which could adversely affect its ability to
implement current business plan and ultimately viability as a
company.
As of Feb. 28, 2025, Aura Systems had $1.48 million in total
assets, $39.07 million in total liabilities, and a total
shareholders' deficit of $37.59 million.
In an audit report dated June 13, 2025, Weinberg & Company, P.A.
issued a "going concern" qualification citing that during the year
ended Feb. 28, 2025, the Company incurred a net loss of $21
million, used cash in operations of $3 million, and at Feb. 28,
2025, had a stockholders' deficit of $37 million. In addition, at
Feb. 28, 2025, notes payable and related accrued interest with an
aggregate balance of $5 million have reached maturity and are past
due. These matters raise substantial doubt about the Company's
ability to continue as a going concern.
The company said its ability to remain a going concern hinges on
increasing revenue, securing additional financing, improving
operating efficiencies, and cutting expenses to achieve
profitability. Without sufficient cash flow or new funding, it may
need to scale back or eliminate discretionary spending, potentially
harming its long-term liquidity and operations. Management
acknowledged it lacks committed capital sources and is uncertain
whether financing will be available on acceptable terms. The going
concern notice from its independent auditor could deter potential
investors or lenders.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/826253/000121390025054252/ea0245450-10k_aura.htm
About Aura Systems
Headquartered in Lake Forest, CA, Aura Systems, Inc., develops and
manufactures electric motors and generators using proprietary axial
flux induction technology. The Company offers solutions for
commercial, industrial, and military applications under the AuraGen
and VIPER brands. It focuses on designing high-efficiency,
compact, and magnet-free machines, with ongoing development in
electric vehicle systems, mobile power generation, and renewable
energy integration. Aura operates primarily in North America with
plans for global expansion through partnerships, licensing, and
joint ventures.
BAMBI HEALTH: Files Amendment to Disclosure Statement
-----------------------------------------------------
Bambi Health, Inc., submitted a First Amended Disclosure Statement
for First Amended Plan of Reorganization dated June 3, 2025.
Under the Plan, all existing Equity Interests will be cancelled,
and the Debtor will issue new Equity to its lenders in exchange for
a release of the debt held by those lenders. The Debtor will also
devote a significant amount of its held assets toward the payment
of Creditors.
The Plan will be funded with the funds that are not for the payment
of expenditures necessary for the continuation, preservation, or
operation of the business of the Debtor. The Plan provides for
payment of Administrative Expenses and Priority Tax Claims in
accordance with the Bankruptcy Code, and projects payment to
Allowed General Unsecured Claims.
Since the Petition Date, the Debtor has remained cashflow neutral,
and has made all postpetition payroll, tax, insurance and other
essential vendor payments. The Debtor's sales increase monthly, and
the Debtor believes that it will be able to operate cashflow
positive soon without the need for additional funding.
The Debtor believes that it has sufficient funds to make the
payments anticipated by the Plan and can emerge from bankruptcy in
a position to operate cashflow neutral to cashflow positive.
The Debtor has taken a number of steps in the Chapter 11 Case to
implement its restructuring. Prior to the Petition Date, the Debtor
began the process of analyzing its operations and determined, in
its business judgment, how it could reorganize its operations and
such reorganization continues. The Debtor was also able to retain
its much-needed workforce.
Also, during the Chapter 11 Case, among other things, the Debtor
obtained and was granted permission to use debtor-in-possession
financing. Prior to the Petition Date, the Debtor worked to
evaluate the Debtor's capital needs and potential out-of-court and
in-court financing alternatives, including debtor-in-possession
financing. The Debtor is a startup tech company which, when
combined with the Debtor's financial position, has impacted the
Debtor's ability to attract additional capital and has contributed
significantly to the Debtor's liquidity constraints.
Like in the prior iteration of the Plan, the Debtor estimates that
General Unsecured Claims total approximately $77,585.55. Except to
the extent that a Holder of an Allowed General Unsecured Claim
agrees to a different treatment, the Debtor proposes to pay
$50,000.00 to the holders of Allowed General Unsecured Claims, in
cash, on a pro rata basis on the Effective Date or as soon as
practicable thereafter. The treatment and consideration to be
received by holders of Class 2 Allowed Claims shall be in full
settlement, satisfaction, release and discharge of their respective
Claims and Liens.
Class 3 consists of Holders of Equity Interests. Existing Equity
Interests shall be discharged, cancelled, released and
extinguished, and holders thereof shall not receive or retain any
distribution under the Plan on account of such Equity Interests.
Unless otherwise set forth in the Plan, pursuant to section 1123 of
the Bankruptcy Code and Bankruptcy Rule 9019, and in consideration
for the classification, distributions, releases, and other benefits
provided under the Plan, upon the Effective Date, the provisions of
the Plan shall constitute a good-faith compromise and settlement of
all Claims and Equity Interests and controversies resolved pursuant
to the Plan.
Ballots must be received by Debtor's counsel before the Voting
Deadline on July 7, 2025.
A full-text copy of the First Amended Disclosure Statement dated
June 3, 2025 is available at https://urlcurt.com/u?l=ZxQ1M7 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Kevin S. Mann, Esq.
Cross & Simon, LLC
1105 North Market Street, Suite 901
Wilmington, DE 19801
Tel: (302) 777-4200
Fax: (302) 777-4224
About Bambi Health
Bambi Health, Inc., is a Delaware corporation having been
incorporated on April 14, 2022.
Bambi Health filed a Chapter 11 bankruptcy petition (Bankr. D. Del.
Case No. 25-10384) on March 4, 2025. At the time of filing, the
Debtor estimated $50,001 to $100,000 in assets and $100,001 to
$500,000 in liabilities.
Judge Laurie Selber Silverstein presides over the case.
The Debtor is represented by Kevin S. Mann, Esq., of Cross & Simon,
LLC.
BEDMAR LLC: June 19 Deadline for Panel Questionnaires
-----------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of Bedmar LLC.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/39ustv87 and return by email it to
Benjamin A. Hackman -- Benjamin.A.Hackman@usdoj.gov -- at the
Office of the United States Trustee so that it is received no later
than Thursday, June 19, 2025.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About Bedmar LLC
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.
Bedmar LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. Del. Case No. 25-11027) on June 9, 2025. In its
petition, the Debtor reported estimated assets and liabilities of
$50 million to $100 million.
The petition was signed by Christopher S. Sontchi as independent
manager.
The Honorable J Kate Stickles handles the case.
Richards Layton & Finger, P.A. is the Debtors' counsel. The
Debtor's financial and restructuring advisor is Douglas Wilson
Companies. The Debtor's claims and noticing agent is Epiq
Corporate Restructuring LLC.
BIG STORM PINELLAS: Seeks Chapter 11 Bankruptcy in Florida
----------------------------------------------------------
On June 13, 2025, Big Storm Pinellas LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Middle District of
Florida. According to court filing, the Debtor reports between $1
million and $10 million in debt owed to 100 and 199 creditors.
The petition states funds will be available to unsecured
creditors.
About Big Storm Pinellas LLC
Big Storm Pinellas LLC operates a brewery and taproom in
Clearwater, Florida. The Company produces a range of craft beers
and spirits, offering on-site dining and beverages in a large
indoor-outdoor venue. It is affiliated with Big Storm Brewing Co.,
a regional craft beverage producer.
Big Storm Pinellas LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03975) on June 13,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Roberta A Colton handles the case.
The Debtors are represented by Jake C. Blanchard, Esq. at BLANCHARD
LAW, P.A.
BIO GYMNASTICS: Seeks to Hire ACM Law Group as Counsel
------------------------------------------------------
BIO Gymnastics and Athletics Unlimited LLC seeks approval from the
U.S. Bankruptcy Court for the Northern District of Georgia to
employ ACM Law Group as counsel.
The firm's services include:
a. advising the Debtor regarding its rights and obligations
under the Bankruptcy Code;
b. preparing and filing necessary pleadings and motions;
c. representing the Debtor in hearings and proceedings before
this Court;
d. assisting with the formulation and confirmation of a plan of
reorganization; and
e. performing other legal services as may be necessary in this
case.
The firm will be paid $250 per month, until the total amount of
$1,250 is paid.
Ms. Martin 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:
Antoinette C. Martin, Esq.
ACM Law Group, P.C.
1050 Crown Pointe Parkway
Atlanta, GA 30338
Tel: (470) 298-6369
Email: antoinette@acmlawgroup.com
About BIO Gymnastics and Athletics Unlimited LLC
BIO Gymnastics and Athletics Unlimited, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No.
25-20676) on May 14, 2025.
Judge James R. Sacca presides over the case.
BIZ AS USUAL: Hires Jonathan H. Stanwood LLC as Attorney
--------------------------------------------------------
Biz as Usual, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Pennsylvania to employ Law Office of
Jonathan H. Stanwood, LLC as its attorney.
The firm's services include:
a. advising the Debtor of its rights and obligations under the
Bankruptcy Code;
b. assisting the Debtor in preparation of the schedules and
other required pleadings;
c. representing the Debtor at the meeting of creditors and
other examinations;
d. preparing all necessary applications, motions, answers,
responses, and similar pleadings; and
e. assisting the Debtor in the formulation and prosecution of
confirmation of a reorganization plan.
The firm will charge $325 per hour for attorney's services and
paralegals at $125 per hour.
Mr. Stanwood has no other connection and/or interest adverse to the
debtor, its creditors, any other party in interest, as stated in
the filing.
The counsel can be reached through:
Jonathan H. Stanwood, Esq.
Law Office of Jonathan H. Stanwood, LLC
8 Penn Center, Suite 1000
1628 JFK Blvd
Philadelphia, PA 19103
Tel: (215) 569-1040
Fax: (215) 689-4084
Email: jhs@stanwoodlaw.com
About Biz as Usual, LLC
Biz as Usual LLC leases real estate properties and operates from
Ardmore, Pennsylvania.
Biz as Usual LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-11985) on May 20,
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 Derek J. Baker handles the case.
The Debtors are represented by Jonathan Stanwood, Esq. at JONATHAN
H. STANWOOD, LLC.
BLUEBIRD BIO: Carlyle, SK Capital Complete Acquisition
------------------------------------------------------
bluebird bio announced the completion of its sale to funds managed
by global investment firms Carlyle (NASDAQ: CG) and SK Capital
Partners, LP. With the closing of the transaction, bluebird's
common stock has ceased trading and will no longer be publicly
listed. Carlyle and SK Capital have provided significant primary
capital to support and scale bluebird's commercial delivery of gene
therapies for patients with sickle cell disease, ß-thalassemia,
and cerebral adrenoleukodystrophy.
David Meek, who became Chief Executive Officer of bluebird at
close, said, "Today marks the beginning of a new era for bluebird
as its go-forward financial backing and leadership team will better
enable all stakeholders to realize the full potential of our
revolutionary therapies. Historically, bluebird has excelled as a
scientific innovator and should be very proud of the many
achievements it has delivered to patients. Our vision is to further
that legacy of scientific excellence while improving the commercial
execution of our approved products to rapidly expand access to
lifechanging gene therapies."
"We are excited to back bluebird in partnership with SK Capital. We
believe providing bluebird the necessary funding along with the new
leadership team will help bluebird realize its full potential,"
said Joe Bress, Carlyle Partner and Global Co-Head of Healthcare.
Bali Muralidhar, Co-Managing Partner and Chief Investment Officer &
COO of Abingworth, Carlyle's life sciences investment franchise,
added, "There is an incredible opportunity to bring bluebird’s
groundbreaking therapies to more patients in need, and we look
forward to advancing bluebird in its mission."
"SK Capital looks forward to partnering with David and his team as
well as Carlyle to scale bluebird's pioneering gene therapies that
can make a lifechanging difference for patients around the world,"
said Aaron Davenport, Managing Director at SK Capital, adding, "We
believe our deep collective experience in manufacturing and
commercializing therapies can help drive the next chapter of
bluebird’s growth."
Incoming Team Bolsters Commercial
Gene Therapy Experience
The company's momentum is reinforced by a deeply experienced
management team, led by CEO David Meek. David brings more than 30
years of leadership in life sciences, including as CEO of Mirati
Therapeutics and Ipsen. David is joined by Tom Klima as Chief
Commercial & Operating Officer, Debasish Roychowdhury, M.D., as
Chief Medical Officer, Wendy DiCicco as Chief Financial Officer,
and Ellen Forest as Chief People Officer. Additional details are
available at https://www.bluebirdbio.com/about-us/leadership.
From Scientific Breakthroughs
to Delivery at Scale
With the transaction now closed, bluebird is prioritizing expanding
its manufacturing infrastructure, streamlining the patient journey,
supporting treatment centers, and strengthening its payer
partnerships. The acquisition provides the strategic and financial
backing needed to meet rising demand and drive commercial and
operational excellence across the organization.
"bluebird has demonstrated what's possible through effective gene
therapy," David added. "Now we will build the ecosystem to ensure
every patient who needs these therapies can access them."
About bluebird bio Inc.
bluebird bio, Inc. was incorporated in Delaware on April 16, 1992,
and is headquartered in Somerville, Massachusetts. The Company is a
biotechnology firm dedicated to researching, developing, and
commercializing potentially curative gene therapies for severe
genetic diseases based on its proprietary lentiviral vector gene
addition platform. Since its inception, bluebird bio has focused
nearly all its resources on research and development efforts
related to its product candidates and the commercialization of its
approved products, including activities to manufacture product
candidates, conduct clinical studies, perform preclinical research,
provide administrative support, and market and commercially
manufacture its approved products.
In its report dated March 27, 2025, the Company's auditor, Ernst &
Young LLP, issued a "going concern" qualification citing that the
Company has suffered recurring operating losses and negative
operating cash flows, projects non-compliance with covenants in the
Loan and Security Agreement and has stated that substantial doubt
exists about the Company's ability to continue as a going concern.
bluebird reported a net loss of $240.72 million in 2024 compared to
a net loss of $211.91 million in 2023. As of Dec. 31, 2024, the
Company had $460.23 million in total assets, $491.77 million in
total liabilities, and a total stockholders' deficit of $31.53
million.
BRADBURY DEODAR: Seeks Chapter 11 Bankruptcy in California
----------------------------------------------------------
On June 12, 2025, Bradbury Deodar 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
$10 million to $50 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Bradbury Deodar LLC
Bradbury Deodar LLC is a limited liability company.
Bradbury Deodar LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14929) on June 12,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Vincent P. Zurzolo handles the case.
The Debtors are represented by Michael Jay Berger, Esq. at LAW
OFFICES OF MICHAEL JAY BERGER.
CADENCE BANK: Moody's Affirms 'Ba1(hyb)' Preferred Stock Rating
---------------------------------------------------------------
Moody's Ratings has affirmed short-term and long-term ratings and
assessments of Cadence Bank. Rating affirmations include Cadence's
long-term issuer rating of Baa2, long-and short term deposit
ratings of A2/Prime-1, and Baseline Credit Assessment (BCA) and
Adjusted BCA of baa1. Moody's also affirmed Cadence's long-and
short-term Counterparty Risk Assessments of A3(cr)/Prime-2(cr),
long-and short term Counterparty Risk Ratings (local and foreign
currency) of Baa1/Prime-2, and preferred stock non-cumulative Ba1
(hyb) rating.
Cadence's long-term issuer rating and long-term deposit rating
outlooks were changed to stable from negative.
RATINGS RATIONALE
Cadence's rating affirmation and change in outlook to stable
reflect its moderating exposure to commercial real estate (CRE)
construction lending and the bank's enduring asset quality, core
deposit franchise, and limited use of market funding. However,
these strengths are offset by Cadence's remaining concentration in
CRE and the heightened downside risks in Moody's US economic
outlook. Additionally, liquidity remains a relative weakness to the
bank's credit profile. The stable outlook reflects Moody's
assessments that Cadence's capital and asset quality will continue
to endure and improve.
As of March 31, 2025, Cadence's CRE concentration accounted for 2.2
times its Moody's Ratings-adjusted tangible common equity (TCE),
down from 2.3 times at year-end 2023. Over the same period, Cadence
also reduced its construction exposure to 78% of TCE from 91%,
further reducing its asset risk profile. Cadence's allowance for
credit losses remained stable at 1.34% at March 31, 2025, several
multiples above its Q1 2025 net charge-offs of 0.27% of average
loans, a credit positive.
While Cadence's CRE concentration level has declined, it remains
above the peer median of Moody's Ratings-rated US banks, making it
a key credit challenge amid heightened downside risks in Moody's US
economic outlook. A prolonged period of uncertainty could lead to a
sharper economic slowdown than Moody's expects, or even an economic
downturn. Such a downside scenario, together with higher-for-longer
interest rates, would pose significantly greater challenges for the
bank's modest construction lending portfolio. Positively, the
bank's CRE portfolio is currently performing well despite the
existing challenges in certain segments of the commercial real
estate market and underwriting and loan portfolio performance
remain strong.
On April 28, 2025, Cadence announced that it was acquiring
Texas-based Industry Bancshares which had total deposits of $4.5
billion and total loans of $1.1 billion. Pro-forma for the
acquisition, which Cadence expects to close in the second half of
this year, the bank expects its Common Equity Tier 1 (CET1) capital
ratio will decline to 11.0% from 12.4% as of March 31, 2025. This
acquisition comes shortly after Cadence's acquisition of FCB
Financial Corp, the bank holding company for First Chatham Bank in
Savannah, Georgia, announced on January 22, 2025. As of September
30, 2024 (unaudited), First Chatham reported total assets of $590
million, total loans of $329 million and total deposits of $510
million. While these acquisitions are relatively modest, minimizing
integration risks, they underscore Cadence's acquisitive nature and
pose a potential risk of deposit runoff.
Profitability remains a strength, with Moody's expectations that
net income to tangible assets (TA) will be in the 1.0% to 1.25%
range. Net income to TA was 1.09% in the first quarter of 2025.
Adjusted return on average assets rose to 1.15% in the first
quarter of 2025 from 1.11% in the fourth quarter of 2024 and 0.62%
in the fourth quarter of 2023, benefiting from the repositioning of
the bank's securities portfolio.
Cadence's modest liquidity remains a relative weakness. The bank's
liquid banking assets has stabilized around 20% of total banking
assets, but still below 25.9% at year-end 2023 and weaker than
similarly rated peers. Liquid resources have declined as the bank
has funded net loans and leases which increased by 3.7%
year-over-year. As of Q1 2025, Cadence holds 2.7% of its assets in
cash and cash equivalents.
Partially offsetting this relative weakness is Cadence's good
deposit franchise in its geographic footprint and low exposure to
office properties despite its CRE concentration. Reliance on market
funding has also declined following the regional banking stress in
the spring of 2023. Market funds as a percentage of tangible assets
declined to 2.0% as of March 31, 2025 down from 7.9% a year earlier
and 8.5% as of December 31, 2023.
The stable outlook reflects Moody's expectations that Cadence will
continue to reduce its CRE concentration, maintain its
capitalization, measured as Moody's Ratings-adjusted TCE to RWA,
above 11%, and sustain adequate liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Cadence's ratings could be upgraded if the bank meaningfully lowers
its CRE concentration and either reduces its reliance on market
funding or increases its stock of liquid assets. An upgrade would
also be contingent on the bank improving its earnings profile while
maintaining better-than-peer asset quality and a TCE ratio above
11.5%.
Cadence's ratings could be downgraded if there are signs of
weakening underwriting discipline or a rebuilding of the CRE
concentration. A sustained decline in capitalization below 10.5% or
a deterioration in liquidity could also lead to a ratings
downgrade.
The principal methodology used in these ratings was Banks published
in November 2024.
Cadence Bank's "Assigned BCA" score of baa1 is set three notches
below the "Financial Profile" initial score of a1 to reflect the
risk of Cadence's concentration in CRE lending and funding
structure.
CINEMA MANAGEMENT: Gets Final OK to Use Cash Collateral
-------------------------------------------------------
John Pringle, the Chapter 11 trustee for Cinema Management Group,
LLC, received final approval from the U.S. Bankruptcy Court for the
Central District of California, Los Angeles Division, to use cash
collateral.
The final order signed by Judge Neil Bason authorized the trustee
to use the cash collateral to pay the expenses set forth in its
budget, with a 10% variance.
Netflix Worldwide Entertainment LLC, Hanmi Bank, Banc of California
National Association, and Bondit LLC may assert liens on Cinema's
cash collateral.
As protection, the secured creditors will receive replacement liens
on, and security interests in, the cash collateral and all other
assets of the estate that are subject to their pre-bankruptcy
liens.
In case of any diminution in the value of their interests in their
pre-bankruptcy collateral, the secured creditors will be granted
allowed superpriority administrative expense claims in the same
priority as the replacement liens.
Banc of California N.A. is represented by:
Alex M. Weingarten, Esq.
Willkie Farr & Gallagher LLP
2029 Century Park E
Los Angeles, CA 90067
Telephone: (310) 855-3000
Facsimile: (310) 855-3099
Email: aweingarten@willkie.com
-- and --
Elizabeth A. Wayne, Esq.
Willkie Farr & Gallagher LLP
300 N LaSalle Dr
Chicago, IL 60654
Telephone: (312) 728-9000
Facsimile: (312) 728-9199
Email: ewayne@willkie.com
-- and --
Jennifer J. Hardy, Esq.
Willkie Farr & Gallagher LLP
600 Travis St
Houston, TX 77002
Telephone: (713) 510-1700
Facsimile: (713) 510-1799
Email: jhardy2@willkie.com
About Cinema Management Group
Cinema Management Group, LLC is an international sales company that
was launched in 2003 and was previously headed by veteran sales and
distribution executive, Edward Noeltner. Since 2003, the company
has added over 80 feature film titles to its line-up. It currently
holds distribution rights related to 82 feature films.
Cinema Management Group filed Chapter 7 voluntary petition (Bankr.
C.D. Calif. Case No. 24-20369) on December 20, 2024. The case was
converted to one under Chapter 11 on February 6, 2025, and John
Pringle was appointed as Chapter 11 trustee on February 10, 2025.
Judge Neil W. Bason oversees the case.
The Chapter 11 trustee is represented by Levene, Neale, Bender, Yoo
& Golubchik L.L.P.
CKM SHINING: Trustee Hires Hahn Fife & Company as Accountant
------------------------------------------------------------
A. Cisneros, the Trustee of CKM Shining Stars, LLC seeks approval
from the U.S. Bankruptcy Court for the Central District of
California to employ Hahn Fife & Company, LLP as accountant.
The firm will review the Debtor's books and records, provide
forensic analysis, review financial documents, and prepare any
required estate income tax returns.
The firm will be paid at these rates:
Partner $530 per hour
Staffs $80 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Donald Fife, CPA, a partner at Hahn Fife & Company, 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
790 East Colorado Blvd., 9th Fl.
Pasadena, CA 91101
Telephone: (626) 792-0855
About CKM Shining Stars, LLC
CKM Shining Stars is engaged in activities related to real estate.
CKM Shining Stars, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankrutpcy Code (Bankr. C.D. Cal. Case
No.24-11238) on May 15, 2024, listing $10 million to $50 million in
assets and $1 million to $10 million in liabilities. The petition
was signed by Margaret Levecke as manager.
Judge Scott C. Clarkson presides over the case.
Robert P. Goe, Esq. at GOE FORSYTHE & HODGES LLP represents the
Debtor as counsel.
Arturo Cisneros is the Chapter 11 Trustee of the company.
CLJ HOME: Seeks to Hire James L. Lambert PC as Accountant
---------------------------------------------------------
CLJ Home Healthcare, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ James L. Lambert,
PC as accountant.
The firm will perform various financial and other professional
services including, but not limited to payroll services, tax
preparation, and bookkeeping.
The firm will be paid $1,200 per month for the services rendered.
Mr. Lambert 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:
James L. Lambert
James L. Lambert, PC
1003 Beckett Ste 207
San Antonio, TX 78213-1372
Tel: (210) 829-8299
About CLJ Home Healthcare, LLC
CLJ Home Healthcare, LLC provides in-home pediatric nursing care to
medically fragile children.
CLJ Home Healthcare filed Chapter 11 petition (Bankr. W.D. Texas
Case No. 25-50983) on May 5, 2025, listing up to $500,000 in assets
and up to $1 million in liabilities. Teresa Gutierrez,
administrator, signed the petition.
Judge Michael M. Parker oversees the case.
Robert C. Lane, Esq., at The Lane Law Firm, represents the Debtor
as bankruptcy counsel.
COMPANION CARE: Seeks Cash Collateral Access
--------------------------------------------
Companion Care Partners, LLC asked the U.S. Bankruptcy Court for
the Eastern District of Pennsylvania for authority to use cash
collateral.
The Debtor provides in-home care services for elderly and disabled
individuals and has operated since 2014. It was significantly
impacted by a February 2024 cyberattack on Change Healthcare, which
delayed payments for services by disrupting billing and claims
processing. This resulted in cash flow issues, delays in employee
payments, and operational challenges. To keep the business running,
the Debtor's principal resorted to personal funds, credit cards,
and merchant financing.
The Debtor has approximately $1.46 million in total debt, of which
$690,000 is believed to be secured. It now seeks court
authorization to use cash collateral to pay essential business
expenses such as payroll, rent, utilities, and administrative
costs, asserting that failure to do so would lead to a shutdown of
operations and risk the well-being of its vulnerable client base.
The Debtor argued that secured creditors will be adequately
protected through the existence of an equity cushion, consistent
with Third Circuit case law, which has found equity cushions of 20%
or more sufficient for adequate protection.
About Companion Care Partners
Companion Care Partners, LLC provides in-home care services for
elderly and disabled individuals and has operated since 2014.
The Debtor filed Chapter 11 petition (Bankr. E.D. Pa. Case No.
25-11859) on May 9, 2025, listing under $1 million in both assets
and liabilities.
Judge Derek J. Baker oversees the case.
Demetrius J. Parrish Jr., Esq., is the Debtor's legal counsel.
CONSOLIDATED APPAREL: Gets Interim OK to Use Cash Collateral
------------------------------------------------------------
Consolidated Apparel, Inc. received another extension from the U.S.
Bankruptcy Court for the Southern District of Florida to use cash
collateral.
The second interim order signed by Judge Mindy Mora authorized the
company to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee for
quarterly fees; the expenses set forth in the budget, plus an
amount not to exceed 10% for each line item; and additional amounts
expressly approved in writing by lenders.
The budget shows total operational expenses of $61,543 for May and
$62,220 for June.
Lenders including Wells Fargo Bank, CHTD Company, and Credibly of
Arizona, LLC were granted replacement liens, junior to statutory
and court-approved professional fees. The order does not decide the
validity or extent of any creditor's lien.
The next hearing is scheduled for July 8.
About Consolidated Apparel Inc.
Consolidated Apparel Inc., operating as Native Outfitters and MTO
Wear,
Consolidated Apparel, Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-14604) on April 25, 2025. In its petition, the Debtor reports
estimated assets between $100,000 and $500,000 and estimated
liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Mindy A. Mora handles the case.
The Debtor is represented by Craig I. Kelley, Esq.
CONTRACT MANAGED: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: Contract Managed Services, LLC
7825 National Turnpike
Louisville, KY 40214
Business Description: Contract Managed Services, LLC provides
third-party logistics services including
contract packaging, order fulfillment,
warehousing, and distribution. Founded in
1996, the Company now operates over 100,000
square feet of modern facilities in
Louisville, Kentucky. It is privately owned
and managed by professionals with decades of
experience in packaging and distribution.
Chapter 11 Petition Date: June 14, 2025
Court: United States Bankruptcy Court
Western District of Kentucky
Case No.: 25-31420
Judge: Hon. Joan A Lloyd
Debtor's Counsel: Charity S. Bird, Esq.
KAPLAN JOHNSON ABATE & BIRD LLP
710 West Main Street
Fourth Floor
Louisville, KY 40202
Tel: (502) 540-8285
Fax: (502) 540-8282
E-mail: cbird@kaplanjohnsonlaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Gary Allan Milby as owner & CEO.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/G5UNZXQ/Contract_Managed_Services_LLC__kywbke-25-31420__0001.0.pdf?mcid=tGE4TAMA
CROWN HOLDINGS: S&P Affirms 'BB+' ICR on Lower Leverage
-------------------------------------------------------
S&P Global Ratings revised its assessment of Crown Holdings Inc.'s
financial risk profile upward to significant from aggressive. S&P
affirmed its ratings on Crown, including its 'BB+' issuer credit
rating.
The stable outlook reflects S&P's expectation that Crown will
continue to generate solid cash flow and maintain S&P Global
Ratings-adjusted leverage close to 3.5x over the next 12 months.
Crown plans to maintain company-adjusted net leverage close to
2.5x, well below its previous target of 3.0x-3.5x. In July 2024,
Crown announced a new long-term net leverage target of 2.5x. Higher
earnings, strong cash flow generation, and the sale of its
approximate 20% ownership stake in Eviosys facilitated an
improvement in Crown's credit metrics in 2024. In December, KPS
Capital Partners L.P. completed the sale of Eviosys and Crown
received $338 million of proceeds from the distribution. The
company used the proceeds, along with cash on hand, to redeem its
EUR600 million senior unsecured notes due May 2025 and make an
early payment of $400 million on its U.S. dollar term loan facility
due 2027. The combination of both higher EBITDA and lower net debt
resulted in company-adjusted net leverage improving to 2.7x by the
end of the year. S&P Global Ratings-adjusted net debt to EBITDA is
about 1x higher than the company's calculation after accounting for
restructuring costs and our adjustments to debt.
S&P said, "We believe the company will continue to generate solid
free cash flow of $800 million-$850 million in 2025, particularly
given its return to a more normalized level of capital expenditure
(capex). We assume the company will continue to return capital to
shareholders through dividends and share repurchases while
maintaining S&P Global Ratings-adjusted leverage of 3.25x-3.75x. As
such, we revised our assessment of Crown's financial risk profile
upward. However, we view rating upside as confined by the limited
track record of its revised financial policy and the absence of a
firm commitment to investment-grade ratings. As a result, we have
revised the financial policy and comparable ratings analysis
modifiers to negative from neutral.
"We expect higher global beverage can shipments in 2025, led by its
Americas and Europe segments, will be partially offset by weaker
volumes in its Transit Packaging business. Above-market volume
growth in Crown's Americas segment and the continued conversion to
aluminum cans from glass in Europe led to global beverage can
growth of 5% in 2024. The strong growth in these segments was
partially offset by volume declines in its Asia-Pacific segment due
to its prior-year commercial actions and weaker consumer purchasing
power across the region. Demand remained solid in South America and
Europe through the first quarter of 2025, with volumes up 11% in
Brazil and 5% in Europe compared with the same prior-year quarter.
In 2025, we expect Crown's beverage can volume growth in North
America to align with the overall market, following years of
outperformance given its underexposure to mass beer, at around 1%.
We also believe favorable trends in Europe will continue leading to
mid-single-digit percent volume growth during the year."
However, higher volumes and significant earnings growth in Crown's
global beverage business continue to be partially offset by weaker
demand in its Transit Packaging segment due to soft global
industrial activity. Furthermore, Crown stated its Transit
Packaging business could be most affect by tariffs, both directly
and indirectly, as its customers remain cautious on capital
spending. S&P expects segment performance to remain muted in 2025
before improving in 2026.
The stable outlook reflects S&P's expectation that Crown will
continue to generate solid cash flow and maintain S&P Global
Ratings-adjusted leverage close to 3.5x over the next 12 months.
S&P could lower its rating on Crown if:
-- The company sustains leverage greater than 5x, which could
occur if consumer demand weakens and global economic activity
declines from S&P's base-case forecast, leading to lower earnings
and poor operating leverage.
S&P could raise its rating on Crown if:
-- The company maintains S&P Global Ratings-adjusted debt to
EBITDA well below 4x;
-- Free operating cash flow to debt above 10%; and
-- A firm commitment to a financial policy commensurate with these
credit measures including capital investments, shareholder rewards,
and potential acquisitions.
DAIRY FARMERS: S&P Alters Outlook to Positive, Affirms 'BB+'
------------------------------------------------------------
S&P Global Ratings affirmed all its ratings on Kansas City,
Kan.-based Dairy Farmers of America (DFA), including the 'BBB'
issuer credit rating and revised the outlook to positive from
stable. S&P also affirmed the 'BBB' issue-level rating on the
company's senior unsecured private placement notes and 'BB+'
issue-level rating on the company's preferred equity securities.
The positive outlook reflects S&P's expectations for the company to
maintain S&P Global Ratings-adjusted leverage below 3.5x, including
during periods of seasonally high working capital outflows.
S&P said, "In fiscal 2024, DFA significantly outperformed our
expectations, driven by higher margins and strong FOCF the company
applied to debt repayment. Increased volumes from recent expansion
investments and a decline in operating expenses due to lower input
costs propelled a 15.5% year-over-year growth in S&P Global
Ratings-adjusted EBITDA. The majority of the improvement came from
the cooperative's dairy brands division. The cooperative also
generated $485 million in FOCF, a marked increase from $96 million
in 2023, although the timing of farmer member milk payments and
distributions, which were likely deferred to 2025. DFA utilized
this strong cash flow to pay down $315 million in net debt and
boosted its cash and short-term investments to $222.5 million.
Consequently, DFA's S&P Global Ratings-adjusted leverage improved
to 2.4x. Although we project working capital to be a headwind in
fiscal 2025, likely moderating FOCF to more normalized levels, we
expect DFA to sustain leverage below 3.5x, which could result in an
upgrade to the extent seasonal working capital swings do not cause
leverage to periodically exceed 3.5x
"Although DFA will continue investing periodically in growth, we
believe the impact potential mergers and acquisitions (M&A) or
growth capital expenditures (capex) will have on leverage will be
less consequential than in the past. DFA has a track record of
levering up for acquisitions, such as Dean Foods (2020) and Pacific
Dairy Solutions and Richmond Beverage Solutions (2022), then
successfully deleveraging after such deals. For example, leverage
spiked to close to 10x and 6x for these deals, respectively, before
coming back down to the 3.5x-4.5x range in subsequent quarters.
Moreover, these acquisitions have materially shifted the company's
business and earnings mix toward its higher margin commercial
businesses and branded dairy products, which we believe is more
stable and better positioned for growth than milk marketing. This
should lead to less pronounced leverage increases during periods of
increased investment. As such, we expect the company will be able
to maintain its lower leverage profile while also having the
optionality to pursue bolt-on acquisitions or invest more heavily
in its existing plant network.
"Our financial risk profile for DFA continues to incorporate the
additional flexibility the cooperative has over the timing and
amounts of its member payments. DFA's large scale of operations and
strong member base afford it the additional financial flexibility
to adjust the size and timing of member payouts during weaker
operating cycles for relatively stable cash flows. In addition,
member payments are subordinated to debt claims. Under its current
capital plan and after a series of acquisitions, DFA will continue
to sustain member equity inflows of about $90 million annually, a
portion of which it may prioritize for debt repayment. Because of
this flexibility, we relax our cash flow metric ranges by a
half-turn compared with most corporate issuers when assessing DFA's
financial risk profile.
"The positive outlook reflects our expectations for the company to
maintain S&P Global Ratings-adjusted leverage well below 3.5x
despite periodically facing periods of high seasonal working
capital borrowings and slightly softer operating performance in
2025."
S&P could revise its outlook to stable if the company's peak
leverage regularly exceeds 3.5x. This could occur if:
-- Working capital requirements, including amounts due to members
and haulers, become a significant headwind to FOCF;
-- The company experiences material input cost inflation and
profitability weakens significantly below S&P's base case; or
-- The company transacts transformational M&A or undertakes large
growth capital investments.
S&P said, "We could raise our rating over the next 24 months if the
company performs in line with our base case and sustains leverage
below 3.5x, including during seasonally higher working capital
periods when debt balances are elevated. An upgrade would also be
predicated on our expectation that the company would maintain its
current financial policy and not significantly increase leverage
for large M&A."
DASHFIRE LLC: Gets OK to Use Cash Collateral Until July 19
----------------------------------------------------------
The U.S. Bankruptcy Court for the District of Minnesota authorized
Dashfire, LLC and affiliates to use cash collateral until July 19.
The order penned by Judge Katherine Constantine authorized the
companies' use of cash collateral to pay opertaing expenses in
accordance with their budget.
As protection, Live Oak Banking Company and the U.S. Small Business
Administration were granted replacement liens on assets acquired by
the companies after the petition date that are similar to their
pre-bankruptcy collateral. These post-petition assets do not
include Chapter 5 claims.
In addition, the companies were ordered to make monthly payments of
$4,965 to Live Oak Bank and $400 to SBA, and keep their property
insured as further protection to the secured creditors.
About Dashfire LLC
Dashfire, LLC filed Chapter 11 petition (Bankr. D. Minn. Case No.
25-41264) on April 22, 2025, listing up to $500,000 in assets and
up to $1 million in liabilities. Lee Egbert, president of Dashfire,
signed the petition.
Judge Katherine A. Constantine oversees the case.
Karl Johnson, Esq., at MJB Law Firm PLLC, represents the Debtor as
bankruptcy counsel.
DATAVAULT AI: Gregory Castaldo Holds 5.5% Equity Stake
------------------------------------------------------
Gregory Castaldo disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of May 27, 2025, he
beneficially owned 4,558,098 shares of Datavault AI, Inc.'s common
stock, consisting of 2,221,557 shares with sole voting and
dispositive power and 2,336,541 shares with shared voting and
dispositive power, representing 5.5% of the company's 81,460,022
shares outstanding as of May 30, 2025.
Gregory Castaldo may be at:
3776 Steven James Drive
Garnet Valley, PA 19060
A full-text copy of Mr. Castaldo's SEC report is available at:
https://tinyurl.com/5ezfzvue
About Datavault AI
Datavault AI Inc. (f/k/a WiSA Technologies, Inc.) --
www.wisatechnologies.com -- develops and markets spatial audio
wireless technology for smart devices and home entertainment
systems. The Company's WiSA Association collaborates with consumer
electronics companies, technology providers, retailers, and
industry partners to promote high-quality spatial audio
experiences. WiSA E is the Company's proprietary technology for
seamless integration across platforms and devices.
San Jose, California-based BPM LLP, the Company's auditor since
2016, issued a “going concern” qualification in its report
dated March 31, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company's recurring losses from operations, a net capital
deficiency, available cash and cash used in operations raise
substantial doubt about its ability to continue as a going
concern.
The Company has incurred net operating losses each year since
inception. As of December 31, 2024, the Company had cash and cash
equivalents of $3.3 million and reported net cash used in
operations of $17.5 million during the year ended December 31,
2024. The Company expects operating losses to continue in the
foreseeable future because of additional costs and expenses related
to research and development activities, plans to expand its product
portfolio, and increase its market share. The Company's ability to
transition to attaining profitable operations is dependent upon
achieving a level of revenues adequate to support its cost
structure.
DECORATIVE PLUMBING: Gets Final OK to Use Cash Collateral
---------------------------------------------------------
Decorative Plumbing Distributors, LLC received final approval from
the U.S. Bankruptcy Court for the Northern District of California
to use its lenders' cash collateral to pay operating expenses in
accordance with its budget.
The lenders, Bank of America, N.A. and the U.S. Small Business
Administration, were granted replacement security interests in, and
liens on, all post-petition property of the company except Chapter
5 claims.
As additional protection, the company will make a monthly payment
of $23,000 to Bank of America and $2,527 to SBA.
The ruling also granted super-priority claims to lenders and
ensures their liens remain intact in the event of case conversion
or dismissal.
About Decorative Plumbing Distributors
Decorative Plumbing Distributors, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Cal. Case No.
25-40140) on January 28, 2025, listing up to $10 million in assets
and up to $50 million in liabilities. Anne Butler, chief executive
officer of Decorative Plumbing Distributors, signed the petition.
Judge Charles Novack oversees the case.
Chris Kuhner, Esq., at Kornfield, Nyberg, Bendes, Kuhner & Little
P.C., represents the Debtor as legal counsel.
Bank of America, N.A., as lender, is represented by:
Jennifer Witherell Crastz, Esq.
Hemar, Rousso & Heald, LLP
15910 Ventura Boulevard, 12th Floor
Encino, CA 91436-2829
Tel: (818) 501-3800
Fax: (818) 501-2985
Email: jcrastz@hrhlaw.com
DICK'S AUTOMOTIVE: Gets Final OK to Use Cash Collateral
-------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of California
issued a final order authorizing Dick's Automotive Transport, Inc.
to use cash collateral to pay the remaining amount in its budget.
The amount approved is $142,721.34 for June, which the court finds
to be the minimum amount necessary "to avoid irreparable harm" to
the company.
About Dick's Automotive Transport
Dick's Automotive Transport, Inc. sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Calif. Case No.
24-51752) on Nov. 18, 2024, with $1 million to $10 million in both
assets and liabilities.
Judge M. Elaine Hammond oversees the case.
The Debtor tapped Robert G. Harris, Esq., at the Law Offices of
Binder and Malter as counsel and Barry Drake at Drake Business
Services Inc. as accountant.
DIGITALSPEED COMMUNICATIONS: Unsecureds Owed $9.8M to Recover 26%
-----------------------------------------------------------------
Digitalspeed Communications, Inc. filed with the U.S. Bankruptcy
Court for the Eastern District of Pennsylvania an Amended
Disclosure Statement with respect to Amended Plan of Reorganization
dated June 3, 2025.
The Debtor is a domestic corporation formed and incorporated under
the laws of the Commonwealth of Pennsylvania on April 1, 2003.
The Debtor is a telecommunications service provider/carrier/utility
that is registered, regulated and compliant with the Federal
Communications Commission and other government agencies. It
provides services to direct customers and resellers, including
private-label resellers that market the Debtor's services under
their name/brand to their end-user customers. Mr. Pasternack is the
sole shareholder of the Debtor.
The Debtor commenced the Chapter 11 Case to protect and preserve
its business, maximize property available to satisfy its creditors
and to reorganize its affairs. Following over ten years of
litigation, a single creditor had threatened and taken actions in a
Massachusetts state court proceeding that, if successful, had the
potential to destroy the value of the Debtor's assets and its
ongoing business enterprise to the detriment of every other
creditor of the Debtor and stakeholder.
The Debtor's filing of this Chapter 11 Case was necessary to
preserve and rehabilitate its business as a going concern for the
benefit of the Debtor, the Debtor's estate and all creditors.
Class 3A consists of all General Unsecured Convenience Claims.
Except to the extent that a Holder of an General Unsecured
Convenience Claim and the Debtor agree to less favorable treatment,
each Holder of an Allowed General Unsecured Convenience Claim shall
receive, in full and final satisfaction, compromise, settlement,
release, and discharge of, and in exchange for its Claim, Cash in
an amount equal to 15% of the amount of such Allowed General
Unsecured Convenience Claim; provided, however, if the aggregate
amount of distributions to holders of Allowed General Unsecured
Convenience Class Claims would otherwise exceed the Class 3A Fund,
holders of such Claims shall receive their Pro Rata share of the
Class 3A Fund within forty-five days following the later of (a) the
Effective Date or (b) the date that such General Unsecured
Convenience Claim becomes Allowed (if such Claim becomes Allowed
after the Effective Date.
For the avoidance of doubt, holders of Allowed General Unsecured
Convenience Claims shall receive distributions solely under this
Class 3A and not under Class 3B. The allowed unsecured claims total
$20,000. This Class will receive a distribution of 15% of their
allowed claims. Class 3A is Impaired under the Plan. Therefore,
Holders of General Unsecured Convenience Claims are entitled to
vote to accept or reject the Plan.
Class 3B consists of all General Unsecured Claims. Except to the
extent that a Holder of a Class 3B General Unsecured Claim and the
Debtor agree to less favorable treatment, each Holder of an Allowed
Class 3B General Unsecured Claim shall receive, in full and final
satisfaction, compromise, settlement, release, and discharge of,
and in exchange for such Allowed General Unsecured Claim, its Pro
Rata share of the following:
* the initial Distribution of $1,600,000 from GUC Fund within
forty-five days following the later of (a) the Effective Date or
(b) the date that such Class 3B General Unsecured Claim becomes
Allowed (if such Claim becomes Allowed after the Effective Date);
and
* for each year after the Effective Date (for a four-year
period after the Effective Date), a Distribution of the amount of
$250,000 from the GUC Fund. The first Distribution shall be made
twelve months after the Effective Date, the second Distribution to
be made twenty-four months after the Effective Date, the third
Distribution to be made thirty-six months after the Effective Date,
and the fourth Distribution to be made forty-eight months after the
Effective Date.
The allowed unsecured claims total $9,800,000. This Class will
receive a distribution of 26% of their allowed claims. Class 3B is
Impaired, and each Holder of an Allowed General Unsecured Claim is
entitled to vote to accept or reject the Plan.
Class 4 consists of all Equity Interests in the Debtor. As of the
Effective Date, the Interests in the Debtor shall remain unchanged
and equal to the structure that existed on the Petition Date.
Distributions under the Plan shall be funded from the following
sources:
* the Reorganized Debtor shall fund the initial deposit of
$1,600,000 [$1,100,000 from the Equity Security Holder's
Contribution and the Non-Debtor Related Entities Settlement Payment
of $500,000] into the GUC Fund and the deposit of $10,000 into the
Class 3A Fund with proceeds from the Equity Security Holder’s
Contribution in accordance with the terms of the Plan and
Confirmation Order;
* the Reorganized Debtor shall fund the Distributions on
account of and to satisfy Allowed Class 3A Claims exclusively from
the Class 3A Fund in accordance with the terms of the Plan and
Confirmation Order;
* the Reorganized Debtor shall fund the Distributions on
account of and to satisfy Allowed Class 3B Claims exclusively from
the GUC Fund in accordance with the terms of the Plan and
Confirmation Order; and
* the Reorganized Debtor shall fund Distributions on account
of and to satisfy all other Allowed Claims including, the Cure
Amounts, with proceeds from the Equity Security Holder's
Contribution and Cash on hand on and after the Effective Date in
accordance with the terms of the Plan and the Confirmation Order.
A full-text copy of the Amended Disclosure Statement dated June 3,
2025 is available at https://urlcurt.com/u?l=M3rtMF from
PacerMonitor.com at no charge.
The firm can be reached through:
Aris J. Karalis, Esq.
Karalis PC
1900 Spruce St #6605
Philadelphia, PA 19103
Tel: (215) 546-4500
Email: akaralis@karalislaw.com
About Digitalspeed Communications
DigitalSpeed Communications, Inc. d/b/a Slingshot Techonologies
Corporation in West Conshohocken, PA, sought relief under Chapter
11 of the Bankruptcy Code filed its voluntary petition for Chapter
11 protection (Bankr. E.D. Pa. Case No. 25-10500) on Feb. 6, 2025,
listing $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Adam H. Pasternack as president, signed the
petition.
Judge Ashely M. Chan oversees the case.
KARALIS PC serves as the Debtor's legal counsel.
DIOCESE OF BUFFALO: Parishes to Pay $80MM of $150MM Settlement
--------------------------------------------------------------
Gina Christian of OSV News reports that the parishes in the Diocese
of Buffalo are set to contribute $80 million toward a $150 million
bankruptcy settlement intended to compensate survivors of clergy
sexual abuse. The funds must be deposited into a trust by July 15,
2025.
Bishop Michael W. Fisher stated on June 9, 2025 that "the entire
Catholic community must be involved" in closing this painful
chapter and offering restitution to those harmed by abuse.
The diocese will contribute an additional $30 million directly,
while affiliated Catholic organizations will add $10 million. The
rest will be covered through real estate sales, said diocesan
communications director Joe Martone. Negotiations with insurers are
ongoing, with hopes of recovering up to $150 million more in
coverage for claims.
The settlement, reached in principle on April 22, would resolve the
diocese's five-year-long bankruptcy case, which began in 2020. The
case includes approximately 891 abuse claims -- one of the highest
totals in the nation -- brought under New York's Child Victims Act
(CVA), which temporarily lifted time limits for survivors to file
civil lawsuits, the report states.
To raise funds, the diocese has been selling properties, including
the former Christ the King Seminary, sold in February for $4.2
million. However, most of the proceeds from that sale are
restricted due to legal protections related to donor intent,
according to a June 6, 2025 ruling by Chief Bankruptcy Judge Carl
L. Bucki.
Martone said further diocesan staff cuts are not currently being
considered, as the workforce has already been reduced from around
300 to roughly 80 since 2017. Under the "Road to Renewal"
restructuring initiative, about half of the diocese's 160 parishes
and 36 worship sites are expected to merge or close.
Selling church buildings remains complicated, as canon law requires
properties to be relegated for non-religious but morally acceptable
use before being sold. "Rural churches priced under $1 million tend
to sell more easily," Martone said. "But larger or more expensive
urban properties are harder to repurpose."
The diocese is holding meetings with parish leaders to outline
their individual contributions and provide details of the overall
settlement. Martone acknowledged lingering anger and confusion
among parishioners but said the goal is to "resolve the bankruptcy
and offer some measure of compensation to survivors."
Parish contributions, based on unrestricted assets as of August 31,
2024, range from 10% to 75%. Parishes marked for closure will be
assessed at 80%, though that could be partially refunded if
closures are overturned by the Vatican. Martone noted the structure
is designed to prevent financial collapse at any single parish, OSV
News reports.
Parishes that contribute will also receive legal protection from
future claims through a proposed channeling injunction, which would
direct all current and potential abuse claims into a settlement
trust. Martone said that as lawmakers in New York and other states
consider reopening filing windows, indemnity through meaningful
settlement contributions could be essential. Nearly half of the
diocese's parishes have been named in claims, making broad
participation in the settlement critical, according to report.
Martone said the goal is to emerge from bankruptcy with a path
forward: "We're working to make restitution while preserving as
many parishes as possible and continuing the mission of the
Church."
About The Diocese of Buffalo N.Y.
The Diocese of Buffalo, N.Y., is home to nearly 600,000 Catholics
in eight counties in Western New York. The territory of the diocese
is co-extensive with the counties of Erie, Niagara, Genesee,
Orleans, Chautauqua, Wyoming, Cattaraugus, and Allegany in New York
State, comprising 161 parishes. There are 144 diocesan priests and
84 religious priests who reside in the Diocese.
The diocese through its central administrative offices (a) provides
operational support to the Catholic parishes, schools, and certain
other Catholic entities that operate within the territory of the
Diocese "OCE"; (b) conducts school operations through which it
provides parish schools with financial and educational support; (c)
provides comprehensive risk management services to the OCEs; (d)
administers a lay pension trust and a priest pension trust for the
benefit of certain employees and priests of the OCEs; and (e)
provides administrative support for St. Joseph Investment Fund,
Inc.
Dealing with sexual abuse claims, the Diocese of Buffalo sought
Chapter 11 protection (Bankr. W.D.N.Y. Case No. 20-10322) on Feb.
28, 2020. The diocese was estimated to have $10 million to $50
million in assets and $50 million to $100 million in liabilities as
of the bankruptcy filing.
The Honorable Carl L. Bucki is the case judge.
Bond, Schoeneck & King, PLLC, led by Stephen A. Donato, Esq., is
the diocese's counsel; Connors LLP and Lippes Mathias Wexler
Friedman LLP are its special litigation counsel; and Phoenix
Management Services, LLC is its financial advisor. Stretto is the
claims agent, maintaining the page:
https://case.stretto.com/dioceseofbuffalo/docket
The U.S. Trustee for Region 2 appointed a committee of unsecured
creditors on March 12, 2020. The committee tapped Pachulski Stang
Ziehl & Jones, LLP and Gleichenhaus, Marchese & Weishaar, PC as
bankruptcy counsel, and Burns Bair LLP as special insurance
counsel.
DISCOVER QUARTZ: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Discover Quartz and Granite, LLC
c/o Angelica DeSouza
1202 SW 17th St, Unit 101
Ocala, FL 34471
Business Description: Discover Quartz and Granite LLC fabricates
and installs custom countertops using
quartz, granite, and natural stone. The
Company operates in Florida, with facilities
in Ocala and Orlando, serving residential
and commercial clients.
Chapter 11 Petition Date: June 15, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-01983
Judge: Hon. Jacob A Brown
Debtor's Counsel: Bryan K. Mickler, Esq.
LAW OFFICES OF MICKLER & MICKLER, LLP
5452 Arlington Expy.
Jacksonville FL 32211
E-mail: bkmickler@planlaw.com
Total Assets: $952,930
Total Liabilities: $2,535,353
The petition was signed by Angelica De Souza as manager.
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/3CDXRKA/DISCOVER_QUARTZ_AND_GRANITE_LLC__flmbke-25-01983__0001.0.pdf?mcid=tGE4TAMA
DIVERSIFIED HEALTHCARE: All Proposals Approved at Annual Meeting
----------------------------------------------------------------
At the annual meeting of shareholders, Diversified Healthcare
Trust's shareholders voted on the election of Christopher J.
Bilotto, Alan Felder, Lisa Harris Jones, Phyllis M. Hollis, Dawn K.
Neher, Adam Portnoy, and Jeffrey P. Somers as Trustees to the
Company's Board of Trustees each for a one year term of office
continuing until the Company's 2026 annual meeting of shareholders
and until her, his or their respective successor is duly elected
and qualifies.
The Company's shareholders also voted and approved on a non-binding
advisory resolution on the compensation paid to the Company's named
executive officers as disclosed pursuant to Item 402 of Regulation
S-K in the 2025 Proxy Statement.
Furthermore, the Company's shareholders also approved the
Diversified Healthcare Trust Second Amended and Restated 2012
Equity Compensation Plan, which amended and restated the Company's
existing Amended and Restated 2012 Equity Compensation Plan to
increase by 3,500,000 the total number of common shares of
beneficial interest, $.01 par value per share, available for awards
and to extend the term of the plan until May 29, 2035, the tenth
anniversary of the Annual Meeting. The Company's Trustees and
officers, employees of The RMR Group LLC, consultants, advisors and
other persons or entities providing management, administrative or
other services to us or to our subsidiaries are eligible to receive
awards under the Equity Compensation Plan.
A copy of the Equity Compensation Plan that was approved by the
Company's shareholders was included as Annex A to the Company's
proxy statement for the Annual Meeting, which proxy statement was
filed with the Securities and Exchange Commission on March 20,
2025, and is available at the SEC's website at www.sec.gov. The
terms and conditions of the Equity Compensation Plan are described
in detail in the 2025 Proxy Statement.
Lastly, the Company's shareholders also ratified the appointment of
Deloitte & Touche LLP as the Company's independent auditors to
serve for the 2025 fiscal year.
About Diversified Healthcare Trust
Diversified Healthcare Trust (Nasdaq: DHC) --
https://www.dhcreit.com -- is a REIT organized under Maryland law
that primarily owns medical office and life science properties,
senior living communities, and other healthcare-related properties
throughout the United States. As of June 30, 2024, DHC's
approximately $7.2 billion portfolio included 370 properties in 36
states and Washington, D.C., occupied by approximately 500 tenants,
and totaling approximately 8.4 million square feet of life science
and medical office properties and more than 27,000 senior living
units. DHC is managed by The RMR Group (Nasdaq: RMR), a leading
U.S. alternative asset management company with over $41 billion in
assets under management as of June 30, 2024, and more than 35 years
of institutional experience in buying, selling, financing, and
operating commercial real estate.
* * *
In June 2025, S&P Global Ratings affirmed its 'CCC+' issuer credit
rating on Diversified Healthcare Trust (DHC) and its 'B'
issue-level ratings on its senior secured notes and guaranteed
senior unsecured notes. The recovery ratings are unchanged at '1'.
S&P also affirmed its 'CCC+' issue-level rating on its
non-guaranteed senior unsecured notes, and revised the recovery
rating to '3' from '4'. S&P revised the outlook to positive from
negative, reflecting the possibility that S&P could raise its
ratings on DHC over the next 12 months if the company effectively
navigates its near-term debt maturities and maintains its positive
operating performance, such that it views its capital structure as
sustainable.
DMD FLORIDA: Plan Exclusivity Period Extended to August 4
---------------------------------------------------------
Judge Scott M. Grossman of the U.S. Bankruptcy Court for the
Southern District of Florida extended DMD Florida Development 2,
LLC and its affiliates' exclusive periods to file a plan of
reorganization and obtain acceptance thereof to August 4 and
October 6, 2025, respectively.
As shared by Troubled Company Reporter, the Debtors recently
attended a judicial settlement conference with Florida Restaurant
Franchise Group, IX, LP ("FRFG IX"), the largest secured creditor
in these cases.
The Debtors and FRFG IX, along with various third parties, have
come to an agreement to settle their claims and have signed a
settlement agreement. The motion to compromise controversy and
approve settlement was filed on April 25, 2025. The 9019 Motion has
not yet been set for hearing.
The Debtors explain that court approval of the settlement will have
material effects on the plan and treatment of various claims by the
Debtors.
The Debtors claim that they are seeking an extension in good faith
and not to unnecessarily delay the progress of the case. Such an
extension, if granted, will not prejudice the legitimate interests
of creditors and other parties in interest.
Counsel to the Debtors:
Aaron A. Wernick, Esq.
Wernick Law, PLLC
2255 Glades Road, Suite 324A
Boca Raton, FL 33431
Tel: (561) 961-0922
Email: awernick@wernicklaw.com
About DMD Florida Development 2
DMD Florida Development 2, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-10088) on
Jan. 6, 2025, with up to $1 million in assets and up to $50 million
in liabilities. Jack Flechner, manager and co-chief executive
officer, signed the petition.
Judge Scott M. Grossman oversees the case.
Aaron A. Wernick, Esq., at Wernick Law, PLLC, is the Debtor's
bankruptcy counsel.
DOLCHE TRUCKLOAD: Case Summary & 11 Unsecured Creditors
-------------------------------------------------------
Debtor: Dolche Truckload Corp.
473 West Northwest Highway, Suite 2E
Palatine, IL 60067
Business Description: Dolche Truckload Corp. provides full
truckload transportation services across the
United States, including refrigerated, dry
van, and hazardous materials freight. The
Company operates a fleet of trucks and
offers tailored logistics solutions from its
headquarters in Palatine, Illinois.
Chapter 11 Petition Date: June 15, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-09093
Judge: Hon. Deborah L Thorne
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
Total Assets: $1,944,419
Total Liabilities: $3,410,448
The petition was signed by Desislava Evans as president.
A full-text copy of the petition, which includes a list of the
Debtor's 11 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/D2SQAXA/Dolche_Truckload_Corp__ilnbke-25-09093__0001.0.pdf?mcid=tGE4TAMA
DOUBLE PLAY: Gets Interim OK to Use Cash Collateral Until June 23
-----------------------------------------------------------------
Double Play Oil & Gas, Inc. got the green light from the U.S.
Bankruptcy Court for the Southern District of Texas to use cash
collateral.
The court's order authorized the company's interim use of cash
collateral through June 23 to pay the expenses set forth in its
budget.
As protection, creditors with an interest in cash collateral will
be granted replacement liens to the same extent and with the same
priority and validity as their pre-bankruptcy liens.
The final hearing is scheduled for June 23.
About Double Play Oil & Gas Inc.
Double Play Oil & Gas, Inc. is an oil and gas operator in Portland,
Texas.
Double Play Oil & Gas filed Chapter 11 petition (Bankr. S.D. Texas
Case No. 25-20130) on May 5, 2025, listing up to $50,000 in assets
and up to $10 million in liabilities. Glenn Burdine, director and
president of Double Play Oil & Gas, signed the petition.
Judge Marvin Isgur oversees the case.
Stephen W. Sather, Esq., at Barron & Newburger, P.C., represents
the Debtor as legal counsel.
E&J SHOE: Hires Van Horn Law Group P.A. as Counsel
--------------------------------------------------
E&J Shoe Wholesale, Inc. seeks 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
Tel: (561) 621-1360
Email: info@cvhlawgroup.com
About E&J Shoe Wholesale, Inc.
E&J Shoe Wholesale Inc. is a footwear wholesaler based in Miami,
Florida. The Company, established in 1998, supplies affordable
shoes to retailers and is known for its broad selection and
competitive pricing.
E&J Shoe Wholesale Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15906) on May 27,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Robert A. Mark the case.
The Debtors are represented by Chad Van Horn, Esq. at VAN HORN LAW
GROUP, P.A.
EDGEWELL PERSONAL: S&P Alters Outlook to Neg., Affirms 'BB' ICR
---------------------------------------------------------------
S&P Global Ratings revised its outlook on U.S.-based Edgewell
Personal Care Co. to negative from stable. S&P also affirmed all
its ratings on the company, including the 'BB' issuer credit rating
and 'BB' issue-level rating on the senior unsecured debt. The
recovery rating remains '3'.
The negative outlook reflects the possibility that S&P's could
lower the ratings within the next 12 months if Edgewell's
profitability does not improve, resulting in leverage sustained
above 4x.
The rating affirmation reflects S&P's view that Edgewell can
mitigate near-term uncertainty and increased tariff-related costs
through continued brand investments and productivity initiatives.
Edgewell's reported revenue and S&P Global Ratings-adjusted EBITDA
for the six months ended March 31, 2025, declined 3% and 10%,
respectively, compared to the same period in 2024. This was mainly
due to weak performance in its North America business, which
reported a 3.9% decline in organic sales. The wet shave segment
continues to be negatively affected by weaker consumption trends,
declining traffic in the drug channel, and price competition from
the company's largest competitor.
Additionally, Edgewell has experienced execution missteps over the
past few quarters, which contributed to out-of-stock situations and
a subsequent loss of market share in its shave preparation and
feminine care businesses. Specifically, in its feminine care
business, the company's discontinuation of the Stayfree brand and
consolidation into Carefree was delayed in its rollout, further
compounded by a competitor's heightened discounting strategy. While
S&P understands that the shelf resets of Carefree at the retailer
level are mostly complete, competition in the space remains
intense. S&P said, "We expect revenue declines will moderate over
the coming quarters, supported by the improvement in supply, higher
brand investments, and improved retailer inventory levels.
Furthermore, we anticipate--subject to weather conditions--that
Edgewell's sun and skin care businesses will perform well, given
their participation in large sectors with good demand dynamics
(solid margins and low private-label risk)."
Edgewell's international businesses (primarily Japan, Europe, and
Latin America), which account for about 45% of total sales,
continue to perform well, and S&P expects low-single-digit percent
organic revenue growth in those businesses in fiscal 2025,
supported by distribution and market share gains, primarily in wet
shave and sun care.
S&P said, "We revised our base case forecast downward to reflect
the heightened macroeconomic uncertainty, weakening spending
trends, and lower travel and leisure budgets. Additionally, while
we expect tariffs will have a limited effect on credit metrics in
fiscal 2025 given the company pulled forward inventory purchases
ahead of tariff implementation, we believe they will be a material
headwind in fiscal 2026. We assume about $40 million-$50 million
unmitigated tariff effect on EBITDA on an annualized basis (mainly
consisting of U.S. tariffs on chemicals required for sun care,
steel, aluminum, and tariffs on U.S. exports to Canada). The
company reiterated its focus on advertising and promotions, which
we expect will help stabilize its market share and sales volumes,
although at a cost. Further, Edgewell's productivity initiatives
continue to be margin accretive, albeit partially offset by related
restructuring costs, which we do not add back to adjusted EBITDA.
"Consequently, we now expect leverage will remain elevated at about
4.2x at the end of fiscal 2025 compared to 4x at the end of fiscal
2024 (5x as of March 31, 2025). Our base case assumes revenue grows
1%-2% in fiscal 2026, supported by increased brand investments and
stabilizing category demand and market share. We expect EBITDA
margins will remain steady with productivity gains offset by
tariffs and higher trade spending, resulting in leverage of about
3.9x at the end of fiscal 2026.
"We expect the company will focus on deleveraging in line with its
company-reported net leverage target of 2x-3x (3.8x as of March 31,
2025, which includes seasonal borrowings for working capital),
although it's unlikely to reach this target in 2025. We assume
Edgewell will focus on repaying borrowings under its revolver and
receivables facility ($191 million and $133 million, respectively,
as of March 31, 2025), although not entirely in 2025, using free
operating cash flow (FOCF). Further, we expect the company will
maintain a prudent capital allocation policy--which will include
modest dividends of about $30 million annually and continued share
repurchases (albeit at levels that do not impede its deleveraging
target)." The company may also occasionally undertake bolt-on
acquisitions that temporarily weaken its credit metrics. That said,
Edgewell demonstrated the ability to deleverage following its $235
million acquisition of Cremo in 2020 and $310 million acquisition
of Billie in 2021, despite being subject to substantial
pandemic-related volatility.
Nevertheless, several risks could prevent Edgewell from restoring
profitability and deleveraging over the next year. Although S&P
Global Ratings' economists expect the U.S. economy will grow
modestly in 2025 and 2026, the expected probability of a recession
beginning within the next 12 months was recently increased to 35%
amid global trade uncertainty. As a result, consumer spending
pressures could escalate through 2025. If weak operating conditions
last longer or higher tariffs permanently materialize, Edgewell's
profitability could be depressed beyond 2026. Further, the company
competes against much larger, well-capitalized operators such as
Procter & Gamble Co. (P&G), Unilever U.S. Inc., and Kimberly-Clark
Corp., all of which have substantially greater resources than
Edgewell and are market leaders in most of the product categories
in which they participate. Therefore, Edgewell has very limited
ability to increase pricing in an inflationary environment where
competition remains intense, and consumer spending weakens.
Moreover, in the event of escalating prices across the economy,
consumers could trade down from Edgewell's higher-margin premium
products to lower-margin offerings, including its private-label
options.
The negative outlook reflects the possibility that S&P could lower
the ratings within the next 12 months if Edgewell's profitability
does not improve, resulting in leverage sustained above 4x.
S&P could lower its ratings if S&P expects leverage will be
sustained above 4x. This could happen if:
-- Operating performance falls short of our expectations due to
reduced consumer spending or tariff headwinds;
-- Competition from larger rivals, including online, escalates,
resulting in market share losses;
-- Contributions from productivity initiatives are lower than
expected;
-- The company experiences supply chain disruptions or loses shelf
space at retailers; or
-- Financial policies become more aggressive than S&P expects,
including materially higher share repurchases, multiple bolt-on
acquisitions, or a transformational acquisition.
S&P could revise its outlook to stable if Edgewell improves its
operating performance such that S&P Global Ratings-adjusted
leverage is sustained below 4x. This could happen if it:
-- Edgewell successfully executes its growth, innovation, and cost
savings strategy; and
-- Consumption trends for the company's products remain healthy.
EEHF 18 INC: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: EEHF 18, Inc.
d/b/a Sunrise Bakery and Coffee Shop
506 Bolton Street
New Bedford, MA 02740
Business Description: EEHF 18 Inc. operates a bakery and coffee
shop under the name Sunrise Bakery & Coffee
Shop in New Bedford, Massachusetts. The
Company offers Portuguese-style pastries,
breads, and other baked goods through its
retail locations.
Chapter 11 Petition Date: June 15, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-11218
Judge: Hon. Christopher J Panos
Debtor's Counsel: John Sommerstein, Esq.
JOHN F. SOMMERSTEIN
1091 Washington Street
Gloucester, MA 01930
Tel: (617) 523-7474
Fax: (617) 523-7474
E-mail: jfsommer@aol.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Richard M. Freeman, the firm's
president, signed the petition.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/3CNT3SQ/EEHF_18_Inc__mabke-25-11218__0001.0.pdf?mcid=tGE4TAMA
EGZIT CORPORATION: Court Extends Cash Collateral Access to July 11
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
extended Egzit Corporation's authority to use cash collateral from
June 6 to July 11.
The ninth interim order signed by Judge Deborah Thorne authorized
the company to use cash collateral in accordance with its budget,
which outlines the company's projected monthly operational expenses
of $151,600.
The next hearing is set for July 9.
About Egzit Corporation
Egzit Corporation is a provider of general freight trucking
services in Darien, Ill.
Egzit Corporation filed Chapter 11 petition (Bankr. N.D. Ill. Case
No. 24-13990) on Sept. 20, 2024, with $1 million to $10 million in
both assets and liabilities. Neema Varghese of NV Consulting
Services serves as Subchapter V trustee.
Judge Deborah L. Thorne oversees the case.
The Debtor is represented by:
Peter C. Nabhani, Esq.
Law Office Of Peter C. Nabhani
Tel: 312-219-9149
Email: pcnabhani@gmail.com
ELDORADO GOLD: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
--------------------------------------------------------------
Fitch Ratings has affirmed Eldorado Gold Corporation's (Eldorado
Gold) Long-Term Issuer Default Rating (IDR) at 'B+' with a Stable
Outlook. Fitch has also affirmed Eldorado Gold's senior unsecured
notes at 'B+' with a Recovery Rating of 'RR4' and the secured
revolving credit facility (RCF) at 'BB+'/'RR1'.
The ratings reflect Eldorado Gold's limited scale and
concentration, average cost position, average operating reserve
life greater than 10 years, and execution and regulatory risks in
Greece. The ratings incorporate relatively low execution risk
completing the Skouries project given fairly low-cost committed
financing, the company's interest rate, exchange rate and metals
price hedging activity, and its solid liquidity.
The Stable Outlook reflects Fitch's expectations that Eldorado Gold
will maintain sufficient liquidity and annual gold production at an
average of over 500,000 oz. while EBITDA leverage is sustained
below 3.0x.
Key Rating Drivers
Skouries Adds Scale/Copper: Successful completion of the Skouries
copper-gold project in Greece would improve the company's overall
cost position, add scale and provide diversification through copper
exposure. Execution risk at Skouries appears limited, given the
Amended Investment Agreement ratified by the Greek government in
March 2021 and because phase two was 66% complete as of March 31,
2025. The company has committed debt financing for 80% of
construction expenditures at relatively favorable interest rates,
and Fitch expects liquidity to be sufficient to support completion
of the project.
The company expects construction at Skouries to cost approximately
USD1,217 million, of which USD614 million remains as of March 31,
2025, and to produce the first copper-gold concentrate in 1Q26 with
commercial production in mid-2026. The technical report from Jan.
22, 2022, indicates a nine-year mine life for phase one and a
further 11 years for phase two, producing 140,000 oz. of gold and
67 million pounds of copper per year on average over the life of
the mine at cash costs in the low first quartile.
Competitive Cost Position: Fitch expects Eldorado Gold to maintain
an average cost position in the second quartile of CRU
International Group's all-in sustaining global cost curve through
the forecast. The current high unit cash costs at Olympias will
likely continue to moderate through 2025 with improved
productivity.
The company's key Kisladag (Turkiye) mine was in the second
quartile of CRU International Limited's 2024 gold all-in sustaining
costs. Efemcukuru (Turkiye), the Lamaque Complex (Canada) and
Olympias (Greece) were in the third quartile. Kişladağ accounted
for 33%, the Lamaque Complex accounted for 38%, Efemcukuru
accounted for 15% and Olympias accounted for 13% of 2024 gold
production.
Skouries FCF Structurally Subordinated: FCF from Skouries will be
structurally subordinated due to the project's financing and
because the borrower of those loans is not a guarantor of the
Eldorado Gold debt. Fitch expects that distributions will be
subject to an excess cash flow sweep while amounts are still
outstanding.
Gold Price Sensitivity: Fitch estimates a USD100/oz. drop in the
price of gold would reduce EBITDA by roughly USD42 million in 2025
as approximately 93% of revenue is derived from gold sales. The
rating case assumes gold prices at USD2,400/oz. in 2025 moderating
to USD2,100/oz. in 2026, USD2,000/oz. in 2027 and USD1,800/oz. in
2028. This compares to realized gold prices of USD2,405/oz. in
2024, USD2,933/oz. in 1Q25 and current gold prices over
USD3,300/oz. Fitch expects EBITDA to be approximately USD530
million in 2025 before increasing as Skouries achieves commercial
production.
Recovery Rating Criteria Variation: Fitch applied a variation for
Eldorado Gold's RCF ratings, assigning a rating three notches above
the IDR at 'BB+' with a Recovery Rating of 'RR1'. This is higher
than the 'RR3' indicated by its "Country-Specific Treatment of
Recovery Ratings Criteria." The security from Eldorado Gold
(Quebec) Inc.'s secured guaranty overcollateralizes the RCF. This
supports a higher Recovery Rating than the 'RR3' that would result
from the weighted average of the recovery caps for Canada and
Turkiye, where the economic value of the guarantors could be
realized. The RCF rating may change if the collateral value of the
Canadian subsidiary's secured guaranty changes.
Peer Analysis
Eldorado Gold with 2024 production of 520,293 oz. of gold compares
with IAMGOLD Corporation's (B+/Stable) 2024 consolidated gold
production of 712,000 oz. Fitch expects Eldorado Gold to generate
higher EBITDA than IAMGOLD beginning in 2026 with the completion of
Eldorado Gold's Skouries project. Eldorado Gold will have five
operating mines once Skouries is completed, compared with IAMGOLD's
three operating mines.
Eldorado Gold is smaller and less diversified than copper, zinc and
precious metals producer Hudbay Minerals Inc. (BB-/Stable), but
larger and more diversified than copper producer Ero Copper Corp.
(B/Stable). Eldorado Gold has some operations in higher regulatory
risk jurisdictions compared with Hudbay and Ero Copper.
Operating reserve life in 2024 for Eldorado Gold was 14 years,
which compares favorably with most investment-grade-rated gold
mining peers. Eldorado Gold's cost position is similar to most
investment-grade gold mining peers.
Eldorado Gold's EBITDA leverage was 1.3x at March 31, 2025 compared
with EBITDA leverage for IAMGOLD at 1.4x and Hudbay at 1.3x.
Key Assumptions
- SOFR at 4.10% in 2025 and 3.95%, thereafter;
- Gold sales at 460,000/oz. in 2025, 605,000/oz. in 2026,
660,000/oz. in 2027, and 690,000/oz. in 2028;
- Gold prices at USD2,400/oz. in 2025, USD2,100/oz. in 2026,
USD2,000/oz. in 2027 and USD1,800/oz. in 2028;
- Copper prices at USD8,800/tonne in 2025 and USD8,000/tonne in
2026 and 2027, and USD7,500 in 2028;
- EBITDA margins average 57% weighted toward the ramp-up of
Skouries;
- Capex at USD990 million in 2025, USD420 million in 2026 and
USD250 million in each of 2027 and 2028;
- Skouries project financing drawn down with expected spending,
hedged as announced and amortized according to the agreement.
Recovery Analysis
The recovery analysis assumes Eldorado Gold, exclusive of Hellas
Gold Single Member S.A., would be reorganized as a going-concern in
bankruptcy rather than liquidated. Fitch has assumed a 10%
administrative claim.
Its going-concern EBITDA assumption of USD130 million for Eldorado
Gold reflects the industry's move from top-of-the-cycle gold prices
to a sustained weak price environment, and excludes Skouries
results, which would stress the corporate capital structure. The
going-concern EBITDA estimate reflects its view of a sustainable,
post-reorganization EBITDA upon which the enterprise valuation (EV)
is based.
Fitch typically uses EV multiples in the 4.0x-6.0x range for mining
companies, given the cyclical nature of commodity prices. Eldorado
Gold's 5.0x multiple, at the midpoint of the range, reflects its
relatively small size and average cost but higher country risk.
An EV of 5.0x EBITDA is applied to the going-concern EBITDA to
calculate a post-reorganization EV after an assumed 10%
administrative claim of USD495 million.
The USD350 million revolver is assumed to be fully drawn upon
default. The first-lien revolver loans are senior to the senior
unsecured notes.
The allocation of value in the liability waterfall results in a
recovery corresponding to 'RR4' for the senior unsecured notes.
The 'RR1' recovery rating for the revolving credit facility
reflects the over collateralization provided by the secured
guarantee of Eldorado Gold (Quebec) Inc. The five-year low Canadian
segment EBITDA of $174 million at a 5x multiple results in an EV of
$872 million and 2.5x coverage of the $350 million revolving credit
facility. This is a variation from its "Country-Specific Treatment
of Recovery Ratings Criteria" under which an "RR3" would result
based on the weighted average of the caps for Canada and Turkiye
where the economic value of the guarantors could be realized.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Expectations for EBITDA leverage sustained above 3.3x;
- Deviation from financial policy without a clear path toward
deleveraging during periods of heavy investment spending.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Visibility into the completion of the Skouries;
- EBITDA leverage sustained below 2.3x;
- Average cost position maintained in second quartile of the global
cost curve;
- Visibility into maintaining low-risk mines with an average
operating mine life greater than 10 years.
Liquidity and Debt Structure
Cash on hand was USD978 million and USD241 million was available
under the USD350 million senior secured RCF due in 2028, as of
March 31, 2025. The RCF is used for an LOC supporting the company's
contributions to fund the Skouries project. Fitch believes the RCF
will increase to full availability in 2026 as contributions to
Skouries proceed with construction activities.
The facility has a net debt/EBITDA covenant maximum of 3.5x and an
interest coverage covenant of no less than 3.0x. Fitch believes the
company will remain in compliance with these covenants.
Issuer Profile
Eldorado Gold is a mid-tier, average cost, Canadian domiciled gold
and base metals producer operating four mines: Kisladag and
Efemcukuru located in western Turkiye, Lamaque in Canada, and
Olympias in northern Greece. The company also owns the Skouries
project in Greece.
Criteria Variation
Fitch has applied a criteria variation for Eldorado Gold's RCF
ratings to be three notches above the IDR at 'BB+' with a Recovery
Rating 'RR1'. The over-collateralization provided by the secured
guaranty of Canadian subsidiary, Eldorado Gold (Quebec) Inc., is
consistent with the higher recovery rating. A Recovery Rating of
'RR3' would result from the weighted average of the caps of Canada
and Turkiye where the economic value of the guarantors could be
realized, under its "Country-Specific Treatment of Recovery Ratings
Criteria."
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
----------- ------ -------- -----
Eldorado Gold
Corporation LT IDR B+ Affirmed B+
senior secured LT BB+ Affirmed RR1 BB+
senior unsecured LT B+ Affirmed RR4 B+
ENDRA LIFE: Fails to Meet Nasdaq's Minimum Equity Rule
------------------------------------------------------
ENDRA Life Sciences Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
received a letter from The Nasdaq Stock Market LLC indicating that,
because the Company's stockholders' equity as reported in its
Quarterly Report on Form 10-Q for the quarter ended March 31, 2025
was $1,752,885, the Company is no longer in compliance with Nasdaq
Listing Rule 5550(b)(1), which requires companies listed on The
Nasdaq Capital Market to maintain a minimum of $2,500,000 in
stockholders' equity for continued listing.
Nasdaq's letter has no immediate impact on the listing of the
Company's common stock, which will continue to be listed and traded
on The Nasdaq Capital Market, subject to the Company's compliance
with the other continued listing requirements. Nasdaq's letter
provides the Company 45 calendar days, or until July 11, 2025, to
submit a plan to regain compliance. If the plan is accepted, the
Company can be granted up to 180 calendar days from May 27, 2025
(or until November 23, 2025), to evidence compliance. There can be
no assurance that the Company will be able to regain or maintain
compliance with all applicable continued listing requirements or
that its plan will be accepted by the Nasdaq staff. In the event
the plan is not accepted by the Nasdaq staff, or in the event the
plan is accepted but the Company fails to regain compliance within
the plan period, the Company would have the right to a hearing
before an independent panel pursuant to the procedures set forth in
the applicable Nasdaq Listing Rules. However, there can be no
assurance that, if the Company does appeal any delisting
determination by Nasdaq to a panel, that such appeal would be
successful.
The Company intends to take all reasonable measures available to
regain compliance under the Nasdaq Listing Rules and remain listed
on Nasdaq. The Company is currently evaluating its available
options to resolve the deficiency and regain compliance with the
Nasdaq minimum stockholders' equity requirement. The Company
intends to submit the compliance plan by the Nasdaq deadline.
However, there can be no assurance that the Company's compliance
plan will be accepted by Nasdaq, that it be able to regain
compliance with Nasdaq Listing Rule 5550(b)(1), maintain compliance
with the other Nasdaq listing requirements or be successful in
appealing any delisting determination.
About ENDRA Life Sciences
Headquartered in Ann Arbor, MI, ENDRA Life Sciences Inc. --
http://www.endrainc.com/-- is the pioneer of Thermo-Acoustic
Enhanced UltraSound (TAEUS), a ground-breaking technology being
developed to assess tissue fat content and monitor tissue ablation
during minimally invasive procedures, at the point of patient care.
TAEUS is focused on the measurement of fat in the liver as a means
to assess and monitor steatotic liver disease and metabolic
dysfunction-associated steatohepatitis, chronic liver conditions
that affect over two billion people globally, and for which there
are no practical diagnostic tools.
The report of the Company's independent accounting firm, RBSM LLP
contained a “going concern” qualification attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company has suffered recurring losses from
operations, generated negative cash flows from operating
activities, has an accumulated deficit, which raise substantial
doubt about Company's ability to continue as a going concern.
As of Dec. 31, 2024, ENDRA Life Sciences had $4.45 million in total
assets, $1.89 million in total liabilities, and $2.56 million in
total stockholders' equity.
ESSENTIALS MASSAGE: Seeks Chapter 11 Bankruptcy in Florida
----------------------------------------------------------
On June 13, 2025, Essentials Massage and Facials of Trinity 54 LLC
filed Chapter 11 protection in the U.S. Bankruptcy Court for the
Middle District of Florida. According to court filing, the
Debtor reports $8,225,240 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Essentials Massage and Facials of Trinity
54 LLC
Essentials Massage and Facials of Trinity 54 LLC operates a
wellness and beauty spa offering massages, facials, body sculpting,
and spa packages. The Company provides customized, results-focused
treatments that blend relaxation with aesthetic goals. It serves
clients from its location in Trinity, Florida.
Essentials Massage and Facials of Trinity 54 LLC sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla.
Case No. 25-03987) on June 13, 2025. In its petition, the Debtor
reports total assets of $33,228 and total liabilities of
$8,225,240.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtors are represented by Kristina Feher, Esq. at FEHER LAW,
PLLC.
FEDERAL CAREGIVERS: Hires Tyler Bartl & Ramsdell as Counsel
-----------------------------------------------------------
Federal Caregivers Home Care LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Virginia to employ
Tyler, Bartl & Ramsdell, P.L.C. to perform legal services.
The firm's services include:
a. assisting with required bankruptcy schedules and related
forms;
b. representing the Debtor at creditors' meetings;
c. advising the Debtor of its duties and responsibilities
under the Bankruptcy Code;
d. assisting in preparing monthly financial forms and in
analyzing cash flow and financial matters;
e. advising the Debtor in connection with executory
contracts;
f. drafting documents to reflect agreements with creditors;
g. resolving motions for relief from stay and adequate
protection;
h. negotiating for obtaining financing and use of cash
collateral, as necessary, and determining whether reorganization,
dismissal or conversion is in the best interests of the Debtor and
its creditors;
i. working with creditors' committee and other counsel, if
any;
j. working on any disclosure statement and plan of
reorganization; and
k. handling other matters that arise in the normal course of
administration of the Debtor's bankruptcy estate.
The firm will be paid at the rate of $490 per hour for attorneys,
$250 per hour for paralegals, and will be reimbursed for its
out-of-pocket expenses. The retainer fee is $26,738.
Steven Ramsdell, Esq., a partner at Tyler, 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:
Steven B. Ramsdell, Esq.
Tyler, Bartl & Ramsdell, P.L.C.
300 N. Washington St., Suite 310
Alexandria, VA 22314
Tel: (703) 549-5003
Email: SRamsdell@TBRCLaw.com
About Federal Caregivers Home Care LLC
Federal Caregivers Home Care LLC is a healthcare business providing
home care services in Northern Virginia.
Federal Caregivers Home Care LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Va. Case No.
25-11041) on May 23, 2025. In its petition, the Debtor reports
estimated assets between $50,000 and $100,000 and estimated
liabilities between $500,000 and $1 million.
The Debtors are represented by Steven B. Ramsdell, Esq. at Tyler,
Bartl & Ramsdell, P.L.C.
FINLEY DESIGN: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Finley Design, P.A.
d/b/a Finley Design PA Architecture + Interiors
7806 NC Highway 751
Suite 110
Durham, NC 27713
Business Description: Finley Design provides architectural,
interior, and master planning services for
retail, office, medical, mixed-use,
residential, and environmental design
projects. The firm focuses on client-
centered solutions, offering design
leadership and project execution across
various commercial and residential sectors.
Chapter 11 Petition Date: June 13, 2025
Court: United States Bankruptcy Court
Eastern District of North Carolina
Case No.: 25-02252
Debtor's Counsel: Philip M. Sasser, Esq.
SASSER LAW FIRM
2000 Regency Parkway
Suite 230
Cary, NC 27518
Tel: 919-319-7400
Fax: 919-657-7400
E-mail: travis@sasserbankruptcy.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
Kerry Finley signed the petition as president
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7EAYSAY/Finley_Design_PA__ncebke-25-02252__0001.0.pdf?mcid=tGE4TAMA
FIRST WAY: Claims to be Paid from Continued Operations
------------------------------------------------------
First Way, Inc., filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Subchapter V Plan of Reorganization
dated June 3, 2025.
The Debtor, an Illinois corporation, is a trucking company that
provides freight transportation services and was established in
2020.
The Debtor's current operation involves freight transport
throughout the United States for a fee. First Way conducts its
business operations from 9640 Sidney Hayes Road, Orlando, FL 32824
and also maintains its assets in Orlando, Florida.
Prior to the Petition Date, First Way experienced an increase in
operating expenses (namely fuel and insurance costs) which resulted
in a reduction in income available for the Debtor to meet its debt
obligations. With overhead increasing and revenue of freight
services remaining relatively constant, First Way found itself
unable to support its existing debt structure without a
restructuring of its balance sheet.
Following the receipt of multiple demands from lenders who financed
the acquisition of certain trucking equipment, Debtor elected to
seek Chapter 11 relief to preserve its operations and restructure
its balance sheet for the benefit of its creditors and estate.
Class 17 consists of all Allowed General Unsecured Claims against
the Debtor. The Debtor's projected Disposable Income shall be set
forth in a Feasibility Analysis filed contemporaneously with the
solicitation package for the Plan and served on all interested
parties or interested parties may request a copy from undersigned
counsel. In full satisfaction of the Allowed Class 17 General
Unsecured Claims, Holders of Class 17 Claims shall receive a pro
rata share of Distributions equivalent to the Debtor's Disposable
Income, which payments shall commence on the 14th day following the
Effective Date.
In a liquidation scenario, the value received by holders of Allowed
Class 17 Claims would be $0.00 as Debtor's vehicle inventory and
personal property is fully encumbered. The maximum Distribution to
Class 17 Claimholders shall be equal to the total amount of all
Allowed Class 7 General Unsecured Claims. Class 17 is Impaired.
Class 18 consists of all equity interests in First Way, Inc. Class
Interest Holdersshall retain their respective Interests in First
Way Inc. in the same proportions such Interests were held as of the
Petition Date (i.e., 100.00% Interest retained by Mr. Iulian
Cosiuc). Class 18 is Unimpaired.
The Plan contemplates the Debtor will continue to manage and
operate its business in the ordinary course, but with restructured
debt obligations. It is anticipated the Debtor's postconfirmation
business will mainly involve continued operation of its freight
hauling business, the income from which will be committed to make
the Plan Payments to the extent necessary.
As negotiations with creditors are ongoing which may impact the
Debtor's projected income and expenses over the 3-year Plan Term, a
feasibility analysis will be filed and served contemporaneously
with the solicitation package accompanying the Plan.
Funds generated from the Debtor's operations through the Effective
Date will be used for Plan Payments; however, the Debtor's cash on
hand as of Confirmation will be available for payment of
Administrative Expenses.
A full-text copy of the Subchapter V Plan dated June 3, 2025 is
available at https://urlcurt.com/u?l=pYKdB4 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Daniel A. Velasquez, Esq.
Latham, Luna, Eden & Beaudine, LLP
201 S. Orange Ave., Suite 1400
Orlando, FL 32801
Telephone: (407) 481-5800
Facsimile: (407) 481-5801
Email: dvelasquez@lathamluna.com
About First Way Inc.
First Way, Inc. is a transportation and logistics company
specializing in flatbed, step-deck, reefer conestoga, and dry van
services. Founded in 2014, the company provides reliable freight
solutions using skilled drivers and late-model equipment.
First Way sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-01963) on April 4, 2025. In its
petition, the Debtor reported up to $50,000 in assets and between
$1 million and $10 million in liabilities.
Judge Lori V. Vaughan handles the case.
The Debtor is represented by Daniel A. Velasquez, Esq., at Latham,
Luna, Eden & Beaudine, LLP.
FLY7 INSTALLATIONS: Hires Downtown Auction Company as Appraiser
---------------------------------------------------------------
Fly7 Installations LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Virginia to employ Downtown
Auction Company as its appraiser.
The firm will provide these services:
a. view, examine, evaluate and ascertain the current condition
of all the assets – personal property of the Debtor in
Possession; and
b. provide a written appraisal and expert opinion of the fair
market value based on the condition, secondary market potential,
current comparable sales as well as any other factors that may
impact the value of all the assets -- personal property of the
Debtor in Possession.
The firm will be paid $1,500 for the appraisal services.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Nancy S. Zedd
Downtown Auction Company
201 Westover Ave Unit 203
Norfolk, VA 23507
Tel: (757) 713-1711
About Fly7 Installations LLC
Fly7 Installations LLC sought protection for relief under Chapter
11 of the Bankruptcy Code (Bankr. E.D. Va. Case No. 25-70482) on
March 8, 2025, listing $100,001 to $500,000 in assets and $500,001
to $1 million in liabilities.
Judge Frank J Santoro presides over the case.
Carolyn Anne Bedi, Esq. at Bedi Legal, P.C. represents the Debtor
as counsel.
FRANCHISE GROUP: Seeks to Extend Plan Exclusivity to September 1
----------------------------------------------------------------
Franchise Group, Inc., and its Debtor Affiliates asked the U.S.
Bankruptcy Court for the District of Delaware to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to September 1 and October 29, 2025,
respectively.
The Debtors explain that these Chapter 11 Cases are undoubtedly
large and complex with nearly $2 billion of funded debt
obligations, 53 jointly-administered Debtor entities, a complex
corporate and capital structure. As such, administering these
Chapter 11 Cases requires significant input from the Debtors'
management team and advisors on a wide range of complicated matters
necessary to bring structure and consensus to a large and complex
process. Accordingly, the size and complexity of these Chapter 11
Cases weigh in favor of extending the Exclusivity Periods.
Since the Petition Date, the Debtors have paid their undisputed
postpetition obligations in the ordinary course or as otherwise
provided by Bankruptcy Court order. Importantly the Debtors
maintain their ability to continue to pay their bills throughout
these chapter 11 cases in light of the liquidity provided by the
DIP Facility and through the continued use of cash collateral.
Accordingly, this factor weighs in favor of extending the
Exclusivity Periods.
The Debtors' request for an extension of the Exclusivity Periods is
the Debtors' second such request and comes less than seven months
after the Petition Date. During this time, the Debtors have
accomplished a great deal, including achieving the Global
Settlement and Confirmation of the Plan with respect to the
Confirmation Debtors, and continue to work diligently with all
stakeholders towards consummating the Plan and Confirming a Plan
with respect to TopCo.
The Debtors assert that they are not seeking an extension of the
Exclusivity Periods to pressure or prejudice any of their
stakeholders. The Debtors have been diligently moving these chapter
11 cases forward. The Debtors seek an extension of the Exclusivity
Periods to ensure that the Plan goes effective prior to the
expiration of the Exclusivity Periods.
Thus, the Debtors' request for an extension to the Exclusivity
Periods is not requested for the impermissible purpose of
pressuring creditors to agree to a plan of reorganization. To the
contrary, the Debtors' request for an extension of the Exclusivity
Periods is supported by their key stakeholders, including the Ad
Hoc Group, the Freedom Lender Group, and the Creditors' Committee.
Co-Counsel to the Debtors:
Edmon L. Morton, Esq.
Shella Borovinskaya, Esq.
Matthew B. Lunn, Esq.
Allison S. Mielke, Esq.
Shella Borovinskaya, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Rodney Square
1000 North King Street
Wilmington, Delaware 19801
Tel: (302) 571-6600
Fax: (302) 571-1253
E-mail: emorton@ycst.com
mlunn@ycst.com
amielke@ycst.com
sborovinskaya@ycst.com
Co-Counsel to the Debtors:
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
Joshua A. Sussberg, P.C.
Nicole L. Greenblatt, P.C.
Derek I. Hunter
601 Lexington Avenue
New York, New York 10022
Telephone: (212) 446-4800
Facsimile: (212) 446-4900
Email: joshua.sussberg@kirkland.com
nicole.greenblatt@kirkland.com
derek.hunter@kirkland.com
- and –
Mark McKane, P.C.
555 California Street
San Francisco, California 94104
Telephone: (415) 439-1400
Facsimile: (415) 439-1500
Email: mark.mckane@kirkland.com
About Franchise Group Inc.
Franchise Group, Inc., through its subsidiaries, operates
franchised and franchisable businesses including The Vitamin
Shoppe, Pet Supplies Plus, LLC, Badcock Home Furniture & More,
American Freight, Buddy's Home Furnishings and Sylvan Learning
Systems, Inc.
Franchise Group, Inc. and its affiliates filed their voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
D. Del. Lead Case No. 24-12480) on Nov. 3, 2024, listing
$1,000,000,001 to $10 billion in both assets and liabilities. The
petitions were signed by David Orlofsky as chief restructuring
officer.
Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor,
LLP are serving as legal counsel, AlixPartners is serving as
financial advisor and Chief Restructuring Officer, and Ducera
Partners is serving as investment banker to the Company. Paul
Hastings LLP is serving as legal counsel and Lazard is serving as
investment banker to the first lien ad hoc group.
FULLER'S SERVICE: Plan Exclusivity Period Extended to July 8
------------------------------------------------------------
Judge Deborah L. Thorne of the U.S. Bankruptcy Court for the
Northern District of Illinois extended Fuller's Service Center
Inc.'s exclusive periods to file a plan of reorganization and
obtain acceptance thereof to July 8 and October 8, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtor is engaged in
the business of car washing, auto repair and automotive maintenance
from the leased premises located at 102 West Chicago Avenue,
Hinsdale, Illinois ("Leased Premises").
The Debtor has been diligently pursuing the administration of this
Chapter 11 case with a view toward formulating a prompt exit
strategy. Moreover, the Debtor needs to analyze all of the claims
filed by the Bar Date in order to formulate a proper classification
scheme under the Plan and the manner in which allowed claims in
such classes will be treated.
Also, the extensive Rule 2004 Discovery served by the Richards
Family Representatives has consumed much of the Debtor's limited
administrative resources. Finally, the Debtor and other defendants
are currently attempting to settle the litigation claims emanating
from the Accident.
The Debtor claims that this request is not being made for the
improper purpose of causing unnecessary delay, and the company
believes that this request is in the best interests of the Debtor's
estate and its creditors. No creditor will be prejudiced or harmed
by the extensions requested in this Motion.
Fuller's Service Center, Inc. is represented by:
David K. Welch, Esq.
Brian P. Welch, Esq.
Burke, Warren, MacKay & Serritella, P.C.
330 N. Wabash Ave., Suite 2100
Chicago, Illinois 60611
Tel: (312) 840-7000
Fax: (312) 840-7900
About Fuller's Service Center, Inc.
Fuller's Service Center, Inc. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-01345) on
January 29, 2025. In the petition signed by Douglas A. Fuller Jr.,
president, the Debtor disclosed up to $1 million in assets and up
to $10 million in liabilities.
David K. Welch, Esq., at Burke, Warren, MacKay & Serritella, P.C.,
is the Debtor's legal counsel.
GILLETTE ENTERPRISES: Gets Interim OK to Use Cash Collateral
------------------------------------------------------------
Gillette Enterprises, LLC got the green light from the U.S.
Bankruptcy Court for the Middle District of Florida, Tampa
Division, to use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral until July 22 in accordance with its budget.
The Debtor's cash collateral includes, without limitation, cash,
deposit accounts, accounts receivable, and proceeds from business
operations.
As protection for the use of their cash collateral, lenders
including Regions Bank and the U.S. Small Business Administration
were granted a replacement lien on assets similar to their
pe-bankruptcy collateral, with the same extent, validity and
priority as their pre-bankruptcy lien.
The next hearing is set for July 22.
The Debtor identifies Regions Bank and SBA as its primary secured
creditors. Regions Bank holds a first-position lien under Loan
#4192, originally $1,097,300, with a current balance of
approximately $417,469. The bank also holds a third-position lien
under Loan #4649, with a current balance of $263,899, which the
Debtor also believes is wholly unsecured.
Meanwhile, SBA holds a second-position lien from a $415,000
COVID-EIDL loan, now approximately $141,214 and believed to be
wholly unsecured.
The Debtor believes that the lenders' security interests extend to
its accounts receivable and other assets, which it intends to
continue using in the ordinary course of business.
The Debtor generates approximately $62,000 in monthly gross
revenue, with current available cash collateral totaling about
$137,795 (including cash on hand and funds in deposit accounts).
Regions Bank is represented by:
Dana L. Robbins-Boehner, Esq.
Burr & Forman, LLP
201 North Franklin Street
Suite 3200
Tampa, FL 33602
drobbins-boehner@burr.com
mguerra@burr.com
About Gillette Enterprises
Gillette Enterprises LLC operates a metaphysical retail store in
Sarasota, Florida, offering books, crystals, and specialty gifts
and has been in business since 1992.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 8:25-bk-03803-CPM) on
June 6, 2025. In the petition signed by Anthony Gillette, managing
director, the Debtor disclosed up to $500,000 in assets and up to
$10 million in liabilities.
Judge Catherine Peek McEwen oversees the case.
Alberto F. Gomez, Jr., Esq., at Johnson, Pope, Bokor, Ruppel &
Burns, LLP, represents the Debtor as legal counsel.
GLOBAL CLEAN: Committee Hires McDermott Will as Counsel
-------------------------------------------------------
The official committee of unsecured creditors of Global Clean
Energy Holdings, Inc. and its affiliates seeks approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
McDermott Will & Emery LLP as counsel.
The firm will provide these services:
a) advise the Committee with respect to its rights, powers, and
duties in the Chapter 11 Cases;
b) participate in in-person and telephonic meetings of the
Committee and subcommittees formed thereby, if any;
c) assist and advise the Committee in its meetings and
negotiations with the Debtors and other parties in interest
regarding the Chapter 11 Cases;
d) assist the Committee in analyzing claims asserted against,
and interests in, the Debtors, and in negotiating with the holders
of such claims and interests and bringing, or participating in,
objections or estimation proceedings with respect to such claims
and interests;
e) assist the Committee in analyzing the Debtors' assets and
liabilities, including in its review of the Debtors' Schedules of
Assets and Liabilities, Statements of Financial Affairs, and other
reports prepared by the Debtors, investigating the extent and
validity of liens and participating in and reviewing any proposed
transfer, sale, or disposition of the Debtors' assets, financing
arrangements, and cash collateral stipulations or proceedings;
f) assist the Committee in its investigation of the acts,
conduct, assets, liabilities, management, and financial condition
of the Debtors, the Debtors' historic and ongoing operations of
their businesses, and the desirability of the continuation of any
portion of those operations, and any other matters relevant to the
Chapter 11 Cases;
g) assist the Committee in its analysis of, and negotiations
with the Debtors or any third party related to, financing, asset
disposition transactions, and compromises of controversies,
reviewing and determining the Debtors' rights and obligations under
leases and executory contracts, and assisting, advising, and
representing the Committee in any manner relevant to the assumption
and rejection of executory contracts and unexpired leases;
h) assist the Committee in its analysis of, and negotiations
with, the Debtors or any third party related to, the formulation,
confirmation, and implementation of a chapter 11 plan(s) and all
documentation related thereto (including the disclosure
statement);
i) assist, advise, and represent the Committee in understanding
its powers and duties under the Bankruptcy Code and the Bankruptcy
Rules and in performing other services as are in the interests of
those represented by the Committee;
j) assist and advise the Committee with respect to
communications with the general creditor body regarding significant
matters in the Chapter 11 Cases;
k) respond to inquiries from individual creditors as to the
status of, and developments in, the Chapter 11 Cases;
l) represent the Committee at hearings and other proceedings
before the Court and other courts or tribunals, as appropriate;
m) review and analyze complaints, motions, applications, orders,
and other pleadings filed with the Court, and advise the Committee
with respect to formulating positions with respect, and filing
responses, thereto;
n) assist the Committee in its review and analysis of, and
negotiations with the Debtors and their non-Debtor affiliates
related to intercompany claims and transactions;
o) review and analyze third-party analyses and reports prepared
in connection with the Debtors' potential claims and causes of
action, advise the Committee with respect to formulating positions
thereon, and perform such other diligence and independent analysis
as may be requested by the Committee;
p) advise the Committee with respect to applicable federal and
state regulatory issues, as such issues may arise in the Chapter 11
Cases;
q) assist the Committee in preparing pleadings and applications,
and pursuing or participating in adversary proceedings, contested
matters, and administrative proceedings as may be necessary or
appropriate in furtherance of the Committee's duties;
r) take all necessary or appropriate actions as may be required
in connection with the administration of the Debtors' estates,
including with respect to a chapter 11 plan and related disclosure
statement; and
s) perform such other legal services as may be necessary or as
may be requested by the Committee in accordance with the
Committee's powers and duties as set forth in the Bankruptcy Code.
The firm will be paid at these rates:
Partners $1,500 to $2,365 per hour
Associates $895 to $1,485 per hour
Non-Lawyer Professionals $300 to $1,320 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Charles Gibbs, Esq., a partner at McDermott Will & Emery, 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 following is provided in response to the request for additional
information set forth in D.1 of the Appendix B Guidelines:
(a) McDermott has not agreed to variations from, or alternatives
to, its standard or customary billing arrangements for this
engagement;
(b) none of McDermott's professionals included in this
engagement have varied their rates based on the geographic location
of the Chapter 11 Cases;
(c) McDermott did not represent the Committee before the
Petition Date; and
(d) McDermott expects to develop a budget and staffing plan to
comply with the U.S. Trustee's requests for information and
additional disclosures, and any orders of the Court. Recognizing
that unforeseeable fees and expenses may arise in large chapter 11
cases, McDermott may need to amend the budget as necessary to
reflect changed circumstances or unanticipated developments.
The firm can be reached through:
Charles R. Gibbs, Esq.
McDermott Will & Emery LLP
2801 North Harwood Street, Suite 2600
Dallas, TX 75201
Tel: (214) 295-8000
Fax: (972) 232-3098
About Global Clean Energy Holdings, Inc.
Global Clean Energy Holdings Inc. is a renewable energy company
that produces ultra-low carbon fuels from proprietary strains of
Camelina sativa, a nonfood crop. It manages the full value chain --
from cultivation to fuel production -- at facilities including its
plant in Bakersfield, Calif. It operates internationally and
collaborates with growers to support large-scale Camelina
cultivation.
Global Clean Energy Holdings and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
25-90113) on April 16, 2025. In its petition, Global Clean Energy
Holdings reported total assets of $1,598,001,000 and total debts of
$1,584,749,000 as of Sept. 30, 2024.
Judge Alfredo R. Perez handles the cases.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as general bankruptcy counsel; Norton Rose
Fulbright US, LLP as local counsel; Lazard Freres & Co, LLC as
investment banker; and Alvarez & Marsal North America, LLC as
financial advisor; and Hilco Valuation Services, LLC as appraisal
advisor. Epiq Bankruptcy Solutions, LLC is the Debtors' noticing
and claims agent.
GLOBAL CLEAN: Committee Hires Province LLC as Financial Advisor
---------------------------------------------------------------
The official committee of unsecured creditors of Global Clean
Energy Holdings, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the Southern District of Texas to employ
Province, LLC as financial advisor.
The firm's services include:
(a) becoming familiar with and analyzing the Debtors' DIP budget,
assets and liabilities, and overall financial condition;
(b) reviewing financial and operational information furnished by
the Debtors;
(c) monitoring the sale process, interfacing with the Debtors'
professionals, and advising the Committee regarding the process;
(d) scrutinizing the economic terms of various agreements,
including, but not limited to, various professional retentions;
(e) analyzing the Debtors' proposed business plans and
developing alternative scenarios, if necessary;
(f) assessing the Debtors' various pleadings and proposed
treatment of unsecured creditor claims therefrom;
(g) preparing, or reviewing as applicable, avoidance action and
claim analyses;
(h) assisting the Committee in reviewing the Debtors' financial
reports, including, but not limited to, statements of financial
affairs, schedules of assets and liabilities, DIP budgets, and
monthly operating reports;
(i) advising the Committee on the current state of these chapter
11 cases;
(j) advising the Committee in negotiations with the Debtors and
third parties as necessary;
(k) if necessary, participating as a witness in hearings before
the Court with respect to matters upon which Province has provided
advice; and
(l) providing other activities as are approved by the Committee,
the Committee's counsel, and as agreed to by Province.
The firm will be paid at these rates:
Managing Directors and Partners $850 to $1,450 per hour
Vice Presidents, Directors,
and Senior Directors $700 to $1,050 per hour
Analysts, Associates,
and Senior Associates $350 to $825 per hour
Paraprofessional / Admin $270 to $450 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Paul Navid,, a partner at Province, LLC, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Paul Navid,, Esq.
Province, LLC
2360 Corporate Circle, Suite 340
Henderson, NV 89074
Tel: (702) 685-5555
About Global Clean Energy Holdings, Inc.
Global Clean Energy Holdings Inc. is a renewable energy company
that produces ultra-low carbon fuels from proprietary strains of
Camelina sativa, a nonfood crop. It manages the full value chain --
from cultivation to fuel production -- at facilities including its
plant in Bakersfield, Calif. It operates internationally and
collaborates with growers to support large-scale Camelina
cultivation.
Global Clean Energy Holdings and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
25-90113) on April 16, 2025. In its petition, Global Clean Energy
Holdings reported total assets of $1,598,001,000 and total debts of
$1,584,749,000 as of Sept. 30, 2024.
Judge Alfredo R. Perez handles the cases.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as general bankruptcy counsel; Norton Rose
Fulbright US, LLP as local counsel; Lazard Freres & Co, LLC as
investment banker; and Alvarez & Marsal North America, LLC as
financial advisor; and Hilco Valuation Services, LLC as appraisal
advisor. Epiq Bankruptcy Solutions, LLC is the Debtors' noticing
and claims agent.
GMS SUNSET: Seeks Chapter 11 Bankruptcy in Virginia
---------------------------------------------------
On June 11, 2025, GMS Sunset LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of Virginia.
According to court filing, the Debtor reports between $100,000
and $500,000 in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About GMS Sunset LLC
GMS Sunset LLC is classified as a single-asset real estate debtor
under 11 U.S.C. Section 101(51B), indicating that its primary
business involves owning and operating a single real property
asset.
GMS Sunset LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 25-11181) on June 11,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated Liabilities between
$100,000 and $500,000.
The Debtors are represented by Daniel Press, Esq. at CHUNG & PRESS,
P.C.
GOOD LIFE: Seeks Subchapter V Bankruptcy in Oregon
--------------------------------------------------
On June 11, 2025, Good Life Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the District of Oregon. 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 Good Life Inc.
Good Life Inc. develops and sells ultrasonic bark control and pest
repellent products. The Company operates through its primary
e-commerce site, ultimatebarkcontrol.com, and is based in Medford,
Oregon. Its offerings include devices such as the Dog Silencer MAX,
BarkWise, and Pest Repeller Ultimate.
Good Life Inc. sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Or. Case No. 25-61636) on June
11, 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 Thomas M. Renn handles the case.
The Debtors are represented by Keith Y Boyd, Esq. at KEITH Y BOYD,
PC.
GREENWAVE TECHNOLOGY: Faces Nasdaq Noncompliance Over Late 10-Q
---------------------------------------------------------------
Greenwave Technology Solutions, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
Company received a staff determination letter from Nasdaq Listing
Qualifications Staff of The Nasdaq Stock Market LLC notifying the
Company that because it has not yet filed its Form 10-Q for the
fiscal year ended March 31, 2025, Nasdaq has determined that the
Company has failed to comply with the filing requirement set forth
in Listing Rule 5250(c) (1).
The Staff has informed the Company that it has 60 calendar days
from May 23, 2025, to submit a plan to regain compliance. If the
Staff accepts the Company's plan of compliance, then it may grant
the Company an exception of up to 180 calendar days from the
Filing's due date, or until November 17, 2025, to regain
compliance. The Company intends to prepare and submit a plan of
compliance for the Staff's review, but there can be no assurance
that:
(1) such plan will be accepted by the Staff,
(2) if accepted, the Company will be able to complete its plan
in the timeframe required, or
(3) the Company will be able to remain in compliance with the
applicable Nasdaq listing requirements on an ongoing basis.
The Company, by filing the Form 8-K, discloses its receipt of the
notification from Nasdaq in accordance with Nasdaq Listing Rule
5810(b).
About Greenwave
As an operator of 13 metal recycling facilities, Greenwave
Technology Solutions, Inc. (Nasdaq: GWAV) supplies leading steel
mills and industrial conglomerates with ferrous and non-ferrous
metal. With steel being one of the most recycled materials
worldwide, Greenwave supplies the raw metal utilized in critical
infrastructure projects and U.S. warships vital to American
national security interests. Headquartered in Chesapeake, VA, the
Company has 167 employees with metal recycling operations across
Virginia, North Carolina, and Ohio. For detailed financials and
updates, visit www.GWAV.com.
New York, N.Y.-based RBSM LLP, the Company's auditor since 2020,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has net
loss, has generated negative cash flows from operating activities,
and has an accumulated deficit, which raise substantial doubt about
the Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $63,087,617 in total assets,
$26,132,634 in total liabilities, and a total stockholders' equity
of $36,954,983.
HAMMER FIBER: Inks Debt Exchange Deal With CGRPE
------------------------------------------------
Hammer Fiber Optics Holdings Corp. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that on May
24, 2025, the Company entered into an Assignment and Assumption
Agreement with Michael Sevell and Caban Global Reach Private Equity
LP, a Delaware limited partnership.
Under the agreement, Mr. Sevell assigned to CGRPE a convertible
note previously issued by the Company in the principal amount of
$2,680,798.50 (the "Loan") as a capital contribution to CGRPE, in
accordance with Section 721 of the Internal Revenue Code.
On May 25, 2025, the Company and CGRPE executed a Debt Exchange
Agreement pursuant to which the full principal amount of the Loan
was exchanged for 10,154,542 shares of common stock of the Company,
at a per-share conversion price of $0.264. This conversion fully
extinguishes the Company's debt obligation and was consummated
pursuant to Section 3(a)(9) of the Securities Act of 1933, as
amended.
The conversion price was determined by mutual agreement between the
parties and reflects the fair market value of the Company's common
stock on the transaction date. No placement agent fees,
commissions, or underwriting costs were incurred in connection with
this transaction.
In connection with the Debt Exchange Agreement, the Revised and
Restated Convertible Note Agreement between the Company and Mr.
Sevell, dated May 15, 2025, and subsequently assigned to CGRPE, was
fully satisfied and terminated upon issuance of the equity.
In conjunction with this transaction, the Company notes that both
Michael Sevell and Michael Cothill, who serve as directors of the
Company and are significant stakeholders in its strategic
direction, have also been appointed as General Partners of Caban
GlobalReach Private Equity LP ("CGRPE"), a Delaware limited
partnership that has recently become a capital partner to the
Company. This disclosure is being made in recognition of the fact
that this constitutes a related party transaction. In accordance
with best corporate governance practices and applicable law, the
Board of Directors appointed an independent CGPRE Transactions
Committee, composed solely of disinterested directors - Eric Maire
and Mark Stogdill - to review, evaluate, and approve the terms of
the transaction. The Committee was formed by Board resolution on
May 23, 2025 and provided formal approval of the transaction via
written consent on May 24, 2025. The full Board then ratified the
Committee's approval. The transaction, including the assignment of
the convertible note and its subsequent exchange for equity, was
conducted at arm's length and deemed fair to the Company. The Board
determined that the transaction aligns with the Company's objective
of securing non-toxic, equity-based financing from strategic
sources and is in the best interest of all shareholders.
Additionally, as disclosed in the Definitive Information Statement
on Schedule 14C filed on May 23, 2025, the Company is in the
process of formally changing its corporate name. This change will
take effect no earlier than 21 days after the mailing date of the
Information Statement, which occurred on May 28, 2025. The Company
will announce the effective date of the name change in a subsequent
filing.
Full text of the forms of the Assignment and Assumption Agreement
and the Debt Exchange Agreement are available at
https://tinyurl.com/3jpvwajh & https://tinyurl.com/ycywv6vb,
respectively.
About Hammer Fiber Optics
Hammer Fiber Optics Holdings Corp. is now an alternative
telecommunications carrier that is poised to position itself as a
premier provider of diversified dark fiber networking solutions as
well as high-capacity broadband wireless access networks in the
United States and abroad.
As of July 31, 2024, the Company had $3,036,829 in total assets,
$3,998,146 in total liabilities, and a total stockholders' deficit
of $961,317.
Spokane, Washington-based Fruci & Associates II, PLLC, the
Company's auditor since 2022, issued a "going concern"
qualification in its report dated February 4, 2025, citing that the
Company has consistently sustained losses since its inception.
These factors, among others, raise substantial doubt about the
Company's ability to continue as a going concern.
HARRCO TRANSPORTATION: Unsecureds to Split $35K in Plan
-------------------------------------------------------
Harrco Transportation Services Inc. and Harrco Van Lines
Incorporated filed with the U.S. Bankruptcy Court for the Southern
District of Florida a Subchapter V Plan dated June 2, 2025.
The Debtors own and operate a moving and storage business. Michael
Harris and Robin Gruber are the principal of the Debtors. Due to a
downturn in the moving and storage business, specifically related
to the downturn in the real estate market, the Debtors fell behind
on their debt obligations to their landlord, resulting in the
filing of an eviction.
In addition, the Debtors were unable to make payments to its only
secured Toyota Industries Commercial Finance, Inc. The Debtor haves
accumulated a significant amount of debt, including to the landlord
and Toyota, as well as some personal injury claims (that are
coverage by insurance, which necessitated a financial
restructuring.
The Debtor asserts that it will have sufficient net disposable
monthly income due to future earnings to make the payments required
under the Plan. In order produce the income necessary to fund the
Plan, the Debtor will continue to run its moving and storage
business and the income generated from the sales and service will
be sufficient to fund ongoing operating expenses and the Debtors'
Plan distributions provided for herein.
Class 2 consists of non-priority unsecured claims. The Debtors
shall pay to nonpriority unsecured creditors the sum of $35,000 pro
rata beginning within 180 days from the Effective Date. Based upon
the liquidation analysis provided for herein, there would be no
distribution to Class 2 general unsecured claimants in the event of
a liquidation. Accordingly, the payments to be made to Class 2
claimants under the Plan will exceed the amount to be paid to Class
2 claimants in the event of a liquidation.
Under the Plan, all creditors of the Debtor will participate in
some manner in the distributions to be made hereunder. The Debtor
believes that the distributions contemplated in the Plan are fair
and afford all claimants equitable treatment.
A full-text copy of the Subchapter V Plan dated June 2, 2025 is
available at https://urlcurt.com/u?l=1GLjMi from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Joe M. Grant, Esq.
Lorium Law
197 S. Federal Hwy, Suite 200
Boca Raton, FL 33432
Tel: (561) 361-1000
Fax: (561) 672-7581
Email: jgrant@loriumlaw.com
About Harrco Transportation Services Inc.
Harrco Transportation Services Inc. own and operate a moving and
storage business.
The Debtor sought protection under Chaptern 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12323) on March 3,
2025, with $0 to $50,000 in assets and liabilities.
Judge Peter D. Russin presides over the case.
Joe M. Grant, Esq. represents the Debtor as legal counsel.
HOUSE OF PRAYER: Seeks Chapter 11 Bankruptcy in Florida
-------------------------------------------------------
On June 11, 2025, House of Prayer Church of South Florida Inc.
filed Chapter 11 protection in the U.S. Bankruptcy Court for the
Southern District of Florida. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed
to 1 and 49 creditors. The petition states funds will be available
to unsecured creditors.
About House of Prayer Church of South Florida
Inc.
House of Prayer Church of South Florida Inc. operates as a
Pentecostal church in Opa-Locka, Florida. The organization offers
religious services and community programs from its facility, which
also houses a school and daycare.
House of Prayer Church of South Florida Inc.sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-16711) on June 11, 2025. In its petition, the Debtor
reports estimated assets and liabilities between $1 million and
$10 million each.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtors are represented by Ariel Sagre, Esq. at SAGRE LAW FIRM,
P.A.
I A P CONSTRUCTION: Hires Advanced Financial as Counsel
-------------------------------------------------------
I A P Construction, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to employ Advanced
Financial Services, Inc. as counsel.
The firm will prepare payroll, payment of payroll and sales taxes;
prepare and file federal and state tax returns; and perform all
other accounting services for the Debtor including, but not limited
to, preparation of monthly operating reports and preparation of
payments as part of the Plan of Reorganization, which may be
necessary herein.
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.
The firm will be paid a retainer in the amount of $5,000.
Mr. Auriemma 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:
Salvatore L. Auriemma
Advanced Financial Services, Inc.
25 Enterprise Ct
Newport, RI 02840
Tel: (630) 279-8330
Fax: (630) 279-8629
Email: info@afstax.com
About I A P Construction, Inc.
I A P Construction, Inc. filed Chapter 11 petition (Bankr. N.D.
Ill. Case No. 25-02709) on February 24, 2025, listing up to $1
million in both assets and liabilities. Ian Proce, president of I A
P, signed the petition.
Judge Deborah L. Thorne oversees the case.
David R. Herzog, Esq., represents the Debtor as legal counsel.
IAMGOLD CORP: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
-------------------------------------------------------------
Fitch Ratings has affirmed IAMGOLD Corporation's (IAMGOLD)
Long-Term Issuer Default Rating (IDR) at 'B+'. Fitch has also
affirmed the company's secured RCF and senior secured second lien
term loan at 'BB-' with a Recovery Rating of 'RR3', and its senior
unsecured notes at 'B+'/'RR4'. The Rating Outlook is Stable.
The ratings and Outlook reflect the improved business profile from
the completion of the Cote Gold project, and Fitch's expectation
that EBITDA leverage will be sustained below 3.0x.
Key Rating Drivers
Cote Improves Operational Profile: IAMGOLD owns 70% of the Cote
Gold project unincorporated joint venture (JV). Cote Gold achieved
its first gold pour in 1Q24 and commercial production in August
2024 and is ramping up to full production. The mine currently has
an 18-year life. Fitch expects Cote Gold to increase IAMGOLD's
2025-2028 attributable average annual gold production by roughly
300,000 ounces, compared with 2024 attributable production of
543,000 ounces, excluding 124,000 ounces from Cote Gold.
Cost Position Improves: Fitch views the Essakane mine's high-cost
position as partially offset by solid mine lives and lower cost
positions at Westwood and Cote Gold. According to CRU International
Group's all-in sustaining cost data, IAMGOLD's average cost
position is expected to improve from the fourth quartile to the
third quartile in 2025.
According to CRU, the Essakane mine, located in Burkina Faso, has a
fourth-quartile all-in sustaining cost position. The mine, in which
IAMGOLD has a 90% interest, has a four-year mine life and accounted
for 61% of 2024 attributable production. Westwood, located in
Canada, stabilized production to improve its cost position into the
lower half of the cost curve. The mine has a seven-year mine life
and represented 20% of 2024 attributable production.
Gold Price Sensitivity: Fitch estimates a USD100/oz drop in the
price of gold would reduce EBITDA by roughly USD74 million in 2025.
The rating case assumes gold prices at USD2,400/oz in 2025
moderating to USD2,100/oz in 2026, USD2,000/oz in 2027 and
USD1,800/oz in 2028. This compares with realized gold prices of
USD2,330/oz in 2024, USD 2,731/oz in 1Q25 and current gold prices
over USD3,300/oz. Fitch expects EBITDA to be approximately USD754
million in 2025.
Deleveraging Capacity: Fitch expects IAMGOLD to generate positive
FCF beginning in 2H25, and to retain cash in advance of debt
maturities or to reduce them opportunistically. EBITDA leverage was
1.4x as of March 31, 2025, and Fitch expects it to be sustained
below 3.0x.
Peer Analysis
IAMGOLD, with 2024 consolidated production of 712,000 oz, is
comparable to Eldorado Gold Corporation (B+/Stable), with 2024
production of 520.293 oz. IAMGOLD has higher-cost mines, higher
country risk and a shorter operating reserve life compared with
Eldorado Gold. IAMGOLD has three mines, compared with Eldorado Gold
's four operating mines and one near-term project.
IAMGOLD is larger in terms of EBITDA than copper producers Ero
Copper Corp. (B/Stable) and Taseko Mines Limited (B-/Stable), with
a lower cost position than Taseko and a higher cost position than
Ero Copper.
IAMGOLD's EBITDA leverage was 1.4x as of March 31, 2025, compared
with Eldorado Gold's 1.3x and Hudbay Minerals Inc.'s (BB-/Stable)
1.3x.
Key Assumptions
- SOFR at 4.10% in 2025 and 3.95% thereafter;
- Consolidated gold production about 850,000 oz per year on
average;
- Gold prices of USD2,400/oz in 2025, USD2,100/oz in 2026,
USD2,000/oz in 2027 and USD1,800/oz in 2028;
- Annual capex around USD300 million, on average;
- Excess cash flow applied to debt repayment.
Recovery Analysis
The recovery analysis assumes IAMGOLD would be reorganized as a
going concern in bankruptcy rather than liquidated. Fitch assumed a
10% administrative claim.
The going concern EBITDA estimate of USD295 million reflects
Fitch's view of a sustainable, post-reorganization EBITDA level
upon which Fitch bases the enterprise valuation. The going concern
EBITDA assumption reflects the industry's move from top of the
cycle gold prices to a sustainably lower weak gold price
environment, which would stress the capital structure.
An enterprise value multiple of 4.0x EBITDA is applied to the going
concern EBITDA to calculate a post-reorganization enterprise value.
The choice of this multiple reflects the high-cost position at
IAMGOLD's mines currently in operation and elevated country risk
associated with Burkina Faso as well as improvements in profile
from Cote Gold. The revolver is assumed to be 80% drawn given the
liquidity requirement of USD150 million and the total net debt
maximum ratio of 3.5x which would bite into revolver availability
under its GC EBITDA assumption.
The allocation of value in the liability waterfall results in
recovery corresponding to 'RR1' for the first lien RCF. However,
per Fitch's "Country-Specific Treatment of Recovery Ratings
Criteria," Fitch applies a cap of 'RR3' to reflect its view that
roughly 50% of EBITDA will come from Canada (Group A) and 50% will
be generated in Burkina Faso (Group D). Therefore, Fitch caps the
instrument's Recovery Ratings at 'RR3' resulting in 'BB-' rating
for the first lien secured RCF. The second lien term loans recover
at an 'RR3', resulting in a 'BB-' rating. The unsecured notes
recover at 'RR4', resulting in a 'B+' rating.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage sustained above 3.3x;
- Negative FCF or a material deterioration in cost position or
production profile.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Annual gold production sustained above 800,000 oz, with average
all-in sustaining costs trending toward the lower half of the
global cost curve;
- EBITDA leverage sustained below 2.3.
Liquidity and Debt Structure
As of March 31, 2025, IAMGOLD had USD317 million in cash on hand
and USD429 million available under its USD650 million secured RCF
maturing in 2028. The RCF is subject to early maturity dates if the
term loans or notes are not repaid or refinanced prior to the
stated maturity dates of those instruments. Fitch expects FCF to be
positive beginning in 2H25.
RCF financial covenants include a total net debt ratio maximum of
3.5x, a senior secured debt ratio maximum of 2.0x, EBITDA to
interest ratio minimum of 3.0x, and a minimum liquidity of USD150
million. Fitch expects IAMGOLD to be in compliance with these
covenants.
Issuer Profile
IAMGOLD is a mid-tier gold mining company with three operating gold
mines: the Essakane mine in Burkina Faso, the Cote mine in Canada
and the Westwood mine in Canada.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
IAMGOLD Corporation LT IDR B+ Affirmed B+
senior unsecured LT B+ Affirmed RR4 B+
senior secured LT BB- Affirmed RR3 BB-
Senior Secured
2nd Lien LT BB- Affirmed RR3 BB-
INNOVATIVE MEDTECH: Amends Ticketbash Purchase Deal With $1M Payout
-------------------------------------------------------------------
As previously disclosed, on or about April 25, 2025, Innovative
MedTech, Inc. entered into an Asset Purchase Agreement, pursuant to
which a newly formed subsidiary of the Company would purchase
assets of Grand Concierge LLC, d/b/a Ticketbash, a New York limited
liability company associated with retail and wholesale event ticket
pricing, and the development of software and artificial
intelligence related to the ticket business, in consideration of:
(i) the issuance by the Company to Ticketbash's owners of
Company equity consisting of 20,000,000 shares of common stock and
1,151,500 shares of Series A Convertible Preferred Stock (which
preferred stock is convertible into 115,150,000 shares of common
stock) and additional shares as necessary to ensure that the shares
issued constitute 60% of the total number of fully diluted shares
of the Company,
(ii) the future payment of two million dollars ($2,000,000) to
Ticketbash based on revenue and income milestones to be determined
by the parties in the future, and
(iii) the future payment of percentage royalties to Ticketbash
based on aggregate revenues generated by the New Subsidiary as
follows: 2% of revenue up to $15,000,000, 4% of revenue from
$15,000,000-$25,000,000, and 5% of revenue in excess of
$25,000,000.
Under the Asset Purchase Agreement, the Company was also required
to invest an additional $1,000,000 in development of the Tickebash
Assets.
On May 30, 2025, because of existing encumbrances on the Assets,
the Company and Ticketbash entered into Amendment No. 1 to Asset
Purchase Agreement, providing that:
(i) instead of making the Additional Cash Investment, the
Company would pay $1,000,000 to Ticketbash within 10 months, and
upon completion of Initial Cash Payment, the Assets will be
immediately transferred to the Company;
(ii) the Equity Purchase Price would instead consist of a
number of shares of Company preferred stock having voting rights
equal to 60% of the total voting rights of the Company, and which
shares of preferred stock shall have no economic rights, except
that such shares shall automatically convert into 60% of the total
number of outstanding shares of Common Stock on a fully diluted
basis (following issuance of conversion shares) calculated as of
June 1, 2025, upon the payment by the Company of the Initial Cash
Payment;
(iii) the Additional Cash Purchase Price shall be paid over a
36-month period based on revenue and income milestones to be
determined by the parties in the future.
About Innovative Medtech
Innovative Medtech, Inc., headquartered in Blue Island, Illinois,
provides health and wellness services through its RX Vitality
digital health app and its subsidiary Sarah Day Care Centers, Inc.
SarahCare, acquired in 2021, is an adult day care franchisor with
two corporate-owned centers and 23 franchises across 13 U.S.
states, offering seniors medical care, daily activities, and other
supportive services.
In an auditor report dated Oct. 15, 2025, Tampa, Florida-based
Astra Audit & Advisory, LLC, the Company's auditor since 2024,
issued a "going concern" qualification, citing that the Company has
incurred net losses and working capital deficits. These factors,
along with the need for additional financing to meet its business
plans, raise substantial doubt about the Company's ability to
continue as a going concern.
For the years ended June 30, 2024 and 2023, the Company reported a
net loss of $7,938,897 and $3,647,947, respectively. As of June
30, 2024, the Company maintained total assets of $651,881, total
liabilities including long-term debt of $6,134,843 along with an
accumulated deficit of $44,561,210.
INNOVATIVE MEDTECH: To Sell Sarah Adult, Day Care Unit for $300K
----------------------------------------------------------------
Innovative Medtech, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
entered into a Securities Purchase Agreement with Colbico, LLC
pursuant to which the Company will sell to the Buyer the Company's
shares of capital stock of both of Sarah Adult Day Services, Inc.,
an Ohio corporation, and Sarah Day Care Centers, Inc., an Ohio
corporation, for $300,000 to paid to the Company within 30 days of
closing. The Buyer shall have a 30-day period following execution
of the Securities Purchase Agreement to determine whether to
proceed with the transactions contemplated by that agreement or
terminate the agreement. The Securities Purchase Agreement contains
standard representations, warranties, indemnification provisions,
and conditions to closing.
About Innovative Medtech
Innovative Medtech, Inc., headquartered in Blue Island, Illinois,
provides health and wellness services through its RX Vitality
digital health app and its subsidiary Sarah Day Care Centers, Inc.
SarahCare, acquired in 2021, is an adult day care franchisor with
two corporate-owned centers and 23 franchises across 13 U.S.
states, offering seniors medical care, daily activities, and other
supportive services.
In an auditor report dated Oct. 15, 2025, Tampa, Florida-based
Astra Audit & Advisory, LLC, the Company's auditor since 2024,
issued a "going concern" qualification, citing that the Company has
incurred net losses and working capital deficits. These factors,
along with the need for additional financing to meet its business
plans, raise substantial doubt about the Company's ability to
continue as a going concern.
For the years ended June 30, 2024 and 2023, the Company reported a
net loss of $7,938,897 and $3,647,947, respectively. As of June
30, 2024, the Company maintained total assets of $651,881, total
liabilities including long-term debt of $6,134,843 along with an
accumulated deficit of $44,561,210.
INTEGRAL EXPRESS: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: Integral Express, Inc.
241 Amberwood Court
Bloomingdale, IL 60108
Business Description: Integral Express Inc. is a freight carrier
that provides interstate transportation
services across the United States. The
Company operates a fleet of trucks and
trailers to haul general freight, including
refrigerated goods and hazardous materials.
Chapter 11 Petition Date: June 15, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-09090
Judge: Hon. Jacqueline P. Cox
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
Total Assets: $626,000
Total Liabilities: $2,092,677
Pavlin Panev signed the petition in his capacity as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SFWAM7A/Integral_Express_Inc__ilnbke-25-09090__0001.0.pdf?mcid=tGE4TAMA
ION PLATFORM: S&P Assigned 'B+' ICR on Executed Merger
------------------------------------------------------
S&P Global Ratings assigned its 'B+' issuer credit rating to
financial data and intelligence software company ION Platform
Investment Group Ltd. (ION Platform). This rating is in line with
the preliminary rating S&P assigned on May 8, 2025.
The stable outlook reflects the company's high recurring revenue
base and strong profitability, which will support steady earnings
and free operating cash flow (FOCF) generation over the next 1-2
years while it works to combine the existing ION businesses. S&P
expects ION Platform will expand its S&P Global Ratings-adjusted
EBITDA margin to about 53% in 2025, as it realizes cost savings,
such that its debt to EBITDA improves toward 7.0x.
S&P said, "We assigned our 'B+' issuer credit rating to ION
Platform following the execution of its merger agreement, which was
in line with our expectations. We expect the formal close of the
transaction will occur imminently. Our base-case assumptions for
ION Platform have not changed materially since we assigned the
preliminary rating on May 8, 2025.
"Now that the company has completed its proposed merger, we expect
to review our ratings on the related ION Group subsidiaries (ION
Trading Technologies Ltd., and Cerved Group SpA) under our group
rating methodology."
IQSTEL INC: Signs Deal to Buy 51% of Globetopper; Closing by July 1
-------------------------------------------------------------------
iQSTEL Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that it entered into a Unit
Purchase Agreement with Craig Span, as seller, and Globetopper,
LLC, a Delaware limited liability company, pursuant to which the
Company agreed to acquire 51% of the membership interests of
Globetopper from the seller.
Pursuant to the Agreement, the Company will acquire 51% of the
membership interests of Globetopper for a total purchase price
consisting of $700,000, payable as follows:
* $50,000 upon execution of the Agreement; $50,000 in cash on
the Closing Date;
* $50,000 in cash 30 days after the Closing Date, secured by a
promissory note and pledge agreement;
* $50,000 in cash 60 days after the Closing Date, secured by a
promissory note and pledge agreement;
* $500,000 in restricted common shares of the Company,
calculated at a 20% discount to the volume weighted average price
(VWAP) during the five days preceding the Closing Date.
Additional payments based on Globetopper's EBITDA growth, payable
in common shares of the Company at a 20% discount to the greater of
the VWAP during the five days following the applicable period or
preceding the payment date, will be payable as follows:
* September 30, 2026: 50% of the positive difference between
EBITDA at acquisition and EBITDA 12 months post-Closing.
* September 30, 2027: 50% of the positive difference between
EBITDA 12 months and 24 months post-Closing.
The closing is expected to occur on or before July 1, 2025, subject
to the satisfaction of customary closing conditions, including due
diligence and the accuracy of representations and warranties.
Either party may terminate the Agreement if the closing does not
occur by July 10, 2025.
The Company will invest up to $1,200,000 in Globetopper over 24
months post-Closing in monthly installments of $50,000, subject to
the achievement of specified quarterly financial targets.
The Seller will remain as Chief Executive Officer of Globetopper
for at least two years post-Closing, with a reasonable salary and
benefits to be agreed upon.
The operating agreement of Globetopper will be amended to reflect a
new board of directors consisting of three members, with the
Company designating two members and the Seller designating one,
with decisions made by majority vote.
Both parties agreed to mutual indemnification for breaches of
representations, warranties, or covenants, with the Seller's
indemnification liability capped at 10% of the purchase price
received.
The description of the Agreement does not purport to be complete
and is qualified in its entirety by reference to the full text of
the Agreement, which is available at https://tinyurl.com/3urxmd7n
About iQSTEL
iQSTEL Inc. is a multinational technology company that provides
services across telecom, fintech, blockchain, artificial
intelligence, and cybersecurity. The Company operates in 21
countries and serves a global customer base. It projects $340
million in revenue for fiscal year 2025.
In an auditor's report dated March 31, 2025, Urish Popeck & Co.,
LLC, issued a "going concern" qualification, citing that the
Company has suffered recurring losses from operations, negative
working capital, and does not have an established source of
revenues sufficient to cover its operating costs, which raise
substantial doubt about its ability to continue as a going
concern.
iQSTEL ended the year on Dec. 31, 2024 with a net loss of
$5,180,036, significantly widening from the $219,436 loss reported
for the year ended Dec. 31, 2023. The net results of the periods
reported are highly impacted by the expenses in the holding entity
(IQSTEL), which has a high component of interest and other
financial expenses related to the funds borrowed for the
acquisition of QXTEL Limited.
JACKSON HOSPITAL: Plan Exclusivity Period Extended to August 2
--------------------------------------------------------------
Judge Christopher L. Hawkins of the U.S. Bankruptcy Court for the
Middle District of Alabama extended Jackson Hospital & Clinic,
Inc., and its affiliated debtors' exclusive periods to file a plan
of reorganization and obtain acceptance thereof to August 2 and
October 1, 2025, respectively.
As shared by Troubled Company Reporter, based on the factors and
the history of these proceedings, the Debtors submit that
sufficient "cause" exists pursuant to section 1121(d) of the
Bankruptcy Code to extend the Exclusive Periods. The following
relevant factors each weighs in favor of an extension of the
Exclusive Periods:
* The Debtors' Chapter 11 Cases Are Complex. While the Debtor
only consists of two units, this case is still complex given the
particular challenges of dealing with a financially distressed
hospital and all of the unique issues that come along with a
business entity dealing with life and death decisions daily.
Additionally, the Debtor maintains a fairly complex corporate and
capital structure, a vast network of operations, and a multitude of
parties in interest, secured lenders, tort claimants, vendors, and
staffing issues, among others. Therefore, this case is
unquestionably large and complex.
* The Debtors Have Made Good Faith Progress. In the three
months since the Petition Date, the Debtors have made significant
progress in stabilizing the Debtors' operations and have made
progress toward an exit strategy. Moreover, the Debtors filed their
Sale Motion, seeking to liquidate some or all of their assets, on
April 18, 2025. The Sale Motion contains fairly tight milestones,
including a bid deadline of June 16, 2025, an Auction, if needed,
of June 19, 2025, a Sale Hearing on July 1, 2025 and an outside
Closing Date of July 27, 2025. These tight windows and expedited
relief will ensure that this case continues to progress in an
efficient and productive manner.
* An Extension of the Exclusive Periods Will Not Prejudice
Creditors. Continued exclusivity will permit the Debtors to
maintain flexibility and optionality so that competing plans do not
derail the Debtors' bankruptcy process. Moreover, throughout these
Chapter 11 Cases, the Debtors have had ongoing and transparent
communications with their major creditor groups, including their
secured lenders. Extending the Exclusive Periods will benefit the
Debtors' estates, their creditors, and all other key parties in
interest. Among other things, the Debtors have actively engaged
with the Creditors' Committee concerning their assets and potential
paths forward.
* An Extension Will Not Pressure Creditors. The Debtors are
not seeking an extension of the Exclusive Periods to pressure or
prejudice any of their stakeholders. To the contrary, the Debtors
are proposing an extension of exclusivity in order to have
additional time to finalize their strategy and engage with their
prepetition secured lenders and other stakeholders in restructuring
negotiations without the distraction, confusion, and unnecessary
expense that could be created by multiple competing plans.
Counsel for the Debtors:
Derek F. Meek, Esq.
Marc P. Solomon, Esq.
Catherine T. Via, Esq.
James H. Haithcock III, Esq.
Burr & Forman LLP
420 20th Street North, Suite 3400
Birmingham, Alabama 35203
Telephone: (205) 251-3000
E-mail: dmeek@burr.com
msolomon@burr.com
jhaithcock@burr.com
cvia@burr.com
About Jackson Hospital & Clinic Inc.
Jackson Hospital & Clinic, Inc. is a non-membership, non-profit
corporation based in Alabama. JHC is the direct or indirect parent
company of JHC Pharmacy, LLC, an Alabama limited liability company
that provides pharmacy services to JHC patients. JHC owns 100% of
JHC Pharmacy. Additionally, JHC is a direct or indirect parent
company of certain other entities that have not filed for
bankruptcy.
JHC operates a 344-bed healthcare facility in Montgomery, Ala.,
with a rich history dating back to 1894. Since its official opening
in 1946, JHC has grown into one of the largest hospitals in
Alabama, offering specialized services in cardiac care, cancer
treatment, neurosciences, orthopedics, women's care, and emergency
services. JHC's service area includes 16 counties across central
Alabama.
JHC and JHC Pharmacy filed Chapter 11 petitions (Bankr. M.D. Ala.
Lead Case No. 25-30256) on February 4, 2025. In its petition, JHC
reported between $100 million and $500 million in both assets and
liabilities.
Judge Christopher L. Hawkins handles the cases.
The Debtors are represented by Derek F. Meek, Esq. at Burr &
Forman, LLP.
KLX ENERGY: Moody's Rates Sr. Secured Notes Due 2030 'Caa2'
-----------------------------------------------------------
Moody's Ratings assigned a Caa2 rating to KLX Energy Services
Holdings, Inc.'s (KLXE) senior secured notes due 2030 and changed
the ratings outlook to stable from negative. The Caa1 Corporate
Family Rating and Caa1-PD Probability of Default Rating were
affirmed. The Speculative Grade Liquidity Rating (SGL) was changed
to SGL-3 from SGL-4.
"KLXE's refinancing transaction extended its maturity profile,
providing the company with a longer runway to continue its efforts
to grow its business, supporting a stable outlook for the ratings,"
said Jake Leiby, Moody's Ratings Vice President. "However, the
outlook for oilfield services activity has become more uncertain
and potentially challenging, and the senior secured notes contain a
number of financial maintenance and restrictive covenants."
RATINGS RATIONALE
KLXE's Caa1 CFR reflects the diversified nature of its oilfield
services product offering and geographic diversity with exposure to
multiple basins onshore in the US, offset by its relatively small
scale in a highly competitive and cyclical industry. The company's
financial results depend on the capital spending and activity
levels of its US onshore upstream customer base. Moody's expects
KLXE's successful efforts in high-grading its customer base to
provide some insulation from weakening upstream spending and
activity, however, the oilfield services industry is highly
competitive and the company's scale leaves it disadvantaged
compared to a number of significantly larger competitors with
greater financial resources and product diversity.
The SGL-3 rating reflects Moody's expectations for KLXE to maintain
adequate liquidity through at least 2026. The company had $15
million of cash on hand and $44 million of available borrowing
capacity under its ABL as of March 31, 2025. Moody's expects KLXE's
existing liquidity and cash flow generation will be sufficient to
cover cash needs including interest and capital spending. KLXE's
ABL has a $125 million commitment and will mature in 2028. The
senior secured notes require KLXE to maintain net leverage of 4.5x
through 2025, 4.0x through 2026, 3.5x through 2027, 3.0x through
2028, and 2.5x thereafter. The senior secured notes also contain
restrictive covenants that cap annual capital spending at the
greater of $65 million or 7% of LTM revenue and an excess cash flow
sweep which requires 75% of excess cash flow to be used for debt
repayment if net leverage is above 1.5x, stepping down to 50% when
net leverage is in the 1.0-1.5x range and 25% when net leverage is
below 1.0x. The ABL requires KLXE to maintain a fixed charge
coverage ratio of at least 1.0x if borrowing availability falls
below $7 million. Moody's expects KLXE to remain in compliance with
its covenants through at least 2026, but note that KLXE's EBITDA
generation has been volatile in recent years and could face
downward pressure in the event that oilfield services demand
declines more significantly in response to weaker commodity
prices.
KLXE's $232 million senior secured notes due in March 2030 are
rated Caa2, one notch below the CFR. The senior secured notes
benefit from a second lien on the ABL collateral and a first lien
on substantially all of the company's other assets. The ABL
facility will mature in March 2028 and provides for a maximum of
$125 million of committed capacity, subject to a borrowing base
calculation. The ABL also contains an overadvance facility that
provides $5 million of borrowing capacity in addition to the
existing borrowing base and a FILO facility that provides borrowing
capacity through incremental advance rates on the borrowing base of
the lesser of $10 million and 5% of incremental accounts
receivable.
The stable outlook reflects KLXE's limited refinancing risk and
debt amortization requirements. Although KLXE's financial results
have faced headwinds owing to a challenging US onshore oilfield
services market, Moody's expects its successful efforts in recent
years to align itself with larger customers with more stable
drilling programs to result in KLXE's revenue outperforming the
overall US rig count in 2025.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
KLXE's ratings could be upgraded if it meaningfully grows its
EBITDA and maintains adequate liquidity. An upgrade could also be
considered if leverage were to be sustained below 2.0x.
KLXE's ratings could be downgraded if its EBITDA declines more
significantly than expected, liquidity deteriorates or EBITDA to
interest expense were to fall below 1.5x.
KLXE is a publicly-traded provider of drilling, completion,
production, and intervention services and products, primarily to
E&P companies in major US onshore producing regions.
The principal methodology used in these ratings was Oilfield
Services published in January 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
KUBERA HOTEL: Court OKs Deal to Use Wilmington's Cash Collateral
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of California,
Oakland Division approved a stipulation between Kubera Hotel
Properties, LP and Wilmington Trust National Association,
authorizing interim use of cash collateral.
The stipulation allows Kubera to use the secured creditor's cash
collateral until Aug. 31 in accordance with its budget.
As protection, Wilmington, trustee for a commercial mortgage trust,
will be granted a lien on assets acquired by the Debtor after the
bankruptcy filing.
Wilmington will also receive a monthly payment of $30,000, starting
this month as further protection.
The Debtor's motion for authority to use cash collateral filed on
June 6 was taken off calendar without prejudice, with the Debtor
and Wilmington reserving all rights.
Wilmington is represented by:
Meagen E. Leary, Esq.
Marcus O. Colabianchi, Esq.
Geoffrey A. Heaton, Esq.
Duane Morris, LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
Telephone: +1 415 957 3000
Fax: +1 415 957 3001
mcolabianchi@duanemorris.com
gheaton@duanemorris.com
About Kubera Hotel Properties LP
Kubera Hotel Properties LP operates a 113-room hotel located at 920
University Avenue, Berkeley, California.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-40996) on June 6,
2025. In the petition signed by Pradeep Kantilai T. Khatri, chief
executive officer, the Debtor disclosed up to $50 million in both
assets and liabilities.
Judge Charles Novack oversees the case.
Ryan C. Wood, Esq., at the Law Offices of Ryan C. Wood, Inc.,
represents the Debtor as bankruptcy counsel.
LEROUX CREEK: Seeks to Extend Plan Exclusivity to August 31
-----------------------------------------------------------
Leroux Creek Food Corporation and Edward Stuart Tuft asked the U.S.
Bankruptcy Court for the District of Colorado to extend their
exclusivity periods to file a plan to August 31, 2025.
The Debtors commenced their Chapter 11 bankruptcy proceeding due to
environmental issues that impacted Leroux's profitability and
litigation with its largest secured creditor American AGCredit,
FLCA and American AGCredit, PCA ("AGCredit"), which caused
financial and cash flow problems. Since the Petition Date, as
anticipated, orchard growth and production has begun to increase
and Debtors have been in discussions with AGCredit to reach a
resolution.
The Debtors claim that they require additional time to finalize its
agreement with AgCredit and incorporate such terms into the Plan of
Reorganization.
The Debtors anticipate that the Leroux and Tuft plans will be
closely related due to the relationship between the Debtors.
Therefore, the Debtors respectfully requests an extension of the
exclusive period for an additional 90 days from the date the
current exclusive period, through and including August 31, 2025, as
well as an extension of the 180-day period to solicit acceptances
of their initial Plans of Reorganization for an additional 90
days.
Leroux Creek Food Corp., LLC is represented by:
Jeffrey A. Weinman, Esq.
Katharine S. Sender, Esq.
Bailey C. Pompea, Esq.
Allen Vellone Wolf Helfrich & Factor P.C.
1600 Stout Street, Suite 1900
Denver, CO 80202
Phone: (303) 534-4499
Email: JWeinman@allen-vellone.com
KSender@allen-vellone.com
BPompea@allen-vellone.com
Edward Stuart Tuft is represented by:
Jonathan M. Dickey, Esq.
KUTNER BRINEN DICKEY RILEY, P.C.
1660 Lincoln Street, Suite 1720
Denver, CO 80264
Phone: (303) 832-2400
Email: jmd@kutnerlaw.com
About Leroux Creek Food Corporation
Leroux Creek Food Corporation, LLC, filed its voluntary petition
for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo.
Case No. 24-15015) on August 27, 2024, listing $1 million to $10
million in both assets and liabilities. The petition was signed by
Edward Tuft as president.
Judge Michael E Romero presides over the case.
Jeffrey A. Weinman, Esq. at ALLEN VELLONE WOLF HELFRICH & FACTOR,
P.C., is the Debtor's counsel.
LIBBEY GLASS: Moody's Alters Outlook on 'B3' CFR to Negative
------------------------------------------------------------
Moody's Ratings changed Libbey Glass LLC's (Libbey) outlook to
negative from stable. At the same time, Moody's affirmed the
company's ratings, including its B3 Corporate Family Rating, B3-PD
Probability of Default Rating, and the B3 rating on the company's
backed senior secured first lien term loan.
The negative outlook reflects Libbey's recent free cash flow
deficit amid a challenging operating environment. Softer demand for
the company's products due to macroeconomic uncertainty, weakening
consumer spending, and lower food service traffic is pressuring
volumes and free cash flow generation. As a result, Libbey's
revenue declined in the low single digit percentage year-over-year
in the past two years, and the company reported a free cash flow
deficit of around $9 million in fiscal 2024. Moody's anticipates
that demand headwinds will persist and Moody's projects an ongoing
modest free cash flow deficit in 2025.
Libbey is also still in negotiations on a new contract with labor
unions in the US, which creates uncertainty around potential
operational disruptions or higher operating costs which could
further constrain free cash flow. The company is also exposed to
higher tariffs costs as it imports a meaningful amount of its
dinnerware and flatware products from Asia, primarily China. Libbey
manufactures the majority of products sold in the US at its US and
Mexico plants, and products coming from its Mexico plant are tariff
exempt under the US-Mexico-Canada (USMCA) trade agreement. The
company's North American manufacturing is a competitive advantage
versus competitor imports, however, an increase in tariff costs may
negatively impact the company's profitability and cash flow if
unable to offset these impacts with commercial pricing actions.
The ratings affirmation reflects Libbey's adequate liquidity
supported by good availability on its revolver and lack of near
term maturities, which provides financial flexibility to navigate
the challenging operating environment over the next 12 months. As
of March 31, 2025, the company had around $60 million availability
on its $100 million asset based lending (ABL) revolving facility
expiring September 2029. However, there is uncertainty around the
company's ability to sustainably improve its profitability and free
cash flow generation amid weaker consumer spending and increasing
operating costs.
RATINGS RATIONALE
Libbey's B3 CFR reflects its relatively modest scale and narrow
product focus in the mature and highly competitive glassware and
tabletop industry, and its elevated operational risk given the high
fixed operating costs associated with manufacturing the vast
majority of its glass products in-house. The high fixed cost makes
it difficult to mitigate prolonged demand pressures and creates
profit margin volatility. Lower consumer discretionary spending
power and weakening macro-economic conditions is negatively
impacting demand for the company's products. Libbey's debt/EBITDA
leverage is high at 4.6x as of the last twelve months (LTM) period
ending March 31, 2025 given its exposure to cyclicality and
modestly positive free cash flow generation, which provides limited
cushion to absorb potential future earnings volatility. Governance
risk factors include the company's ownership by a group of previous
lenders to the company with no single firm having majority control
and event risk related to a debt financed shareholder distribution
or ownership consolidation transaction.
The rating also reflects Libbey's good market position in the
glassware and tabletop industry with good channel diversification
and an established e-commerce business. The company benefits from
some recurring demand for glassware because of breakage,
particularly in the foodservice channel. Libbey's adequate
liquidity is supported by $59.6 million availability on its $100
million revolving facility due September 2029 as of March 31, 2025,
which provides financial flexibility to fund business seasonality,
investments in working capital and capital expenditure projects.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The negative outlook reflects Moody's expectations for ongoing
modestly weak free cash flow generation amid demand headwinds from
macroeconomic uncertainty and lower consumer discretionary
spending, and the potential for the company's capital structure
becoming unsustainable over the next 12 months.
The ratings could be upgraded if the company increases its revenue
scale while demonstrating consistent organic revenue growth and
EBITDA margin expansion, debt/EBITDA is sustained below 5.0x, and
EBITDA minus capital expenditures to interest is above 1.5x. A
ratings upgrade would also require at least good liquidity
highlighted by free cash flow-to-debt sustained above 7.5% and
minimal reliance on revolver borrowings.
The ratings could be downgraded if the company's operating results
deteriorate with sustained revenue declines or a reduction in the
EBITDA margin, or if it fails to generate positive free cash flow
on an annual basis, or EBITDA minus capital expenditures to
interest is below 1.0x. The ratings could also be downgraded if
liquidity deteriorates for any reason including continuous large
revolver borrowings.
Headquartered in Toledo, Ohio, Libbey Glass LLC (Libbey) designs,
manufactures, and markets glass tableware products and designs and
markets ceramic dinnerware and flatware products. The company
distributes its products to the foodservice, retail, and
business-to-business channel, primarily in the Americas. Since
emerging from bankruptcy in November 2020, Libbey is owned by a
broad group of pre-bankruptcy lenders with no single firm having
majority control. Revenue for the last 12 months (LTM) period
ending March 31, 2025 is $573 million.
The principal methodology used in these ratings was Consumer
Durables published in September 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
M.I.S. COMMODITIES: Wins Interim Approval to Use Cash Collateral
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida,
Palm Beach Division granted M.I.S. Commodities, Inc.'s motion to
use cash collateral on an interim basis.
M.I.S. was authorized to use cash collateral to pay its operating
expenses in accordance with its 30-day budget.
The U.S. Small Business Administration holds a valid, perfected
blanket lien on all of the company's personal property.
As protection, SBA was granted a post-petition replacement lien
nunc pro tunc to the petition date on all post-petition assets to
the same extent and priority as its pre-bankruptcy lien. In
addition, SBA will receive a monthly payment of $2,494, starting
this month.
If SBA's lien does not fully protect against any diminution in the
value of its collateral, the agency will be granted a
super-priority administrative expense claim.
The final hearing is scheduled for June 25.
About M.I.S. Commodities Inc.
M.I.S. Commodities Inc. is a commodity broker based in Delray
Beach, Fla.
M.I.S. Commodities sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15027) on
May 5, 2025. In its petition, the Debtor reported estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
Judge Erik P. Kimball handles the case.
The Debtor is represented by Adam I. Skolnik, Esq.
MARELLI AUTOMOTIVE: Gets Interim OK to Tap $519MM Chap.11 Financing
-------------------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that on
Thursday, June 12, 2025, a Delaware bankruptcy judge approved
Marelli Corp.'s interim request to tap $519 million from its $2
billion debtor-in-possession financing, providing the auto parts
supplier with necessary funding as it moves toward a potential
debt-for-equity swap that would shift ownership to its DIP
lenders.
About Marelli Automotive Lighting USA LLC
Marelli Automotive Lighting USA LLC is a global automotive parts
supplier based in Saitama, Japan. The Company designs and
manufactures advanced technologies for leading automakers,
including lighting systems, electronic components, software
solutions, and interior products. Operating in 24 countries with a
workforce of over 46,000, Marelli also collaborates with
motorsports teams and industry partners on high-performance
component development.
Marelli Automotive Lighting USA LLC and affiliates sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead
Case No. 25-11034) on June 11. 2025. In its petition, the Debtor
reports estimated assets and liabilities between $1 billion and $10
billion each.
Honorable Bankruptcy Judge Brendan Linehan Shannon handles the
case.
The Debtors are represented by Joshua A. Sussberg, P.C., Nicholas
M. Adzima, Esq., and Evan Swager, Esq. at KIRKLAND & ELLIS LLP and
KIRKLAND & ELLIS INTERNATIONAL LLP, and Ross M. Kwasteniet, P.C.
and Spencer A. Winters, P.C. The Debtors' Bankruptcy Co-counsel are
Laura Davis Jones, Esq., Timothy P. Cairns, Esq., and Edward A.
Corma, Esq. at PACHULSKI STANG ZIEHL & JONES LLP. ALVAREZ & MARSAL
NORTH AMERICA, LLC is the Debtors' Restructuring Advisor. PJT
PARTNERS INC. is the Debtors' Investment Banker. KURTZMAN CARSON
CONSULTANTS, LLC, dba VERITA GLOBAL, is the Debtors' Notice &
Claims Agent.
MAYFAIR-HABITAT GROUP: Hires Bach Law Offices Inc. as Attorney
--------------------------------------------------------------
The Mayfair-Habitat Group Incorporated seek approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to employ
Bach Law Offices, Inc. as attorneys.
The firm will provide these services:
a. represent the Debtor in matters concerning negotiation with
creditors; and
b. prepare a plan and disclosures statement, examining and
resolving claims filed against the estate, preparation and
prosecution of adversary matters, and otherwise to represent each
Debtor in matters before the bankruptcy court.
The firm will be paid at $425 per hour.
The firm received from the Debtor a retainer of $10,000, plus
filing fee of $1,738.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Paul M. Bach, Esq., a partner at Bach Law Offices, Inc., 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:
Paul M. Bach, Esq.
Penelope N. Bach, Esq.
Bach Law Offices, Inc.
P.O. BOX 1285
Northbrook, IL 60062
Telephone: (847) 564 0808
About The Mayfair-Habitat Group Incorporated
The Mayfair-Habitat Group Incorporated is a property management and
real estate investment company based in Plainfield, Illinois. The
Debtor's principal assets are located at 7337 S. South Shore Drive,
Chicago, IL 60649, and consist of 31 parcels of land.
The Mayfair-Habitat Group Incorporated sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Ill. Case No. 25-06308) on April 24, 2025. In its petition, the
Debtor reports estimated assets and liabilities between $1 million
and $10 million each.
Honorable Bankruptcy Judge Jacqueline P. Cox handles the case.
The Debtor is represented by Paul M. Bach, Esq. at BACH LAW
OFFICES.
MEME APPAREL: Case Summary & Seven Unsecured Creditors
------------------------------------------------------
Debtor: MEME Apparel LLC
1282 E 10th St.
Brooklyn, NY 11230-4719
Business Description: MEME Apparel LLC is a clothing retailer
offering seasonal apparel collections for
men and women. It operates through an
online platform and a physical storefront in
Brooklyn, New York. The Company's designs
often reflect internet culture and
contemporary fashion trends.
Chapter 11 Petition Date: June 12, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-42851
Judge: Hon. Jil Mazer-Marino
Debtor's Counsel: Thomas Weiss, Esq.
VISHNICK MCGOVERN MILIZIO LLP
3000 Marcus Ave Suite 1E9
Lake Success NY 11042
E-mail: tweiss@vmmlegal.com
Total Assets: $125,441
Total Liabilities: $1,263,178
Shlomo Cohen signed the petition as the authorized representative
of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's seven unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/EG4FELQ/MEME_Apparel_LLC__nyebke-25-42851__0001.0.pdf?mcid=tGE4TAMA
MEMSTAR USA: Unsecureds Will Get 54% to 68% in Liquidating Plan
---------------------------------------------------------------
Memstar USA Inc. filed with the U.S. Bankruptcy Court for the
Southern District of Texas a Combined Disclosure Statement and
Chapter 11 Plan of Liquidation dated June 3, 2025.
Memstar was a manufacturer of technologically advanced Reverse
Osmosis membranes used in water and wastewater treatment
applications. The Debtor is a Delaware corporation which is wholly
owned by its sole stockholder, Memstar Holding Pte Ltd., a
Singaporean private company ("PTE").
The majority owner of MHPL is CITIC Envirotech Pre. Ltd ("CEPL"),
which is a part of the CITIC Group, a Chinese national state owned
entity. CEPL, pre-petition was funding certain cash flow shortfalls
experienced by the Debtor.
After the Filing Date, the Snyder continued to negotiate with the
Debtor, and the Snyder reduced its offer and after further
negotiations the Debtor and Snyder agreed to a sales price of $7.7
million. The Debtor has identified Snyder as the sole potential
entity interested in the assets of the Debtor for a price that will
significantly benefit the bankruptcy estate and the Debtor's
creditors. The Debtor has for over a year and a half marketed
itself and has found an eligible buyer. The Snyder's offer is the
highest and best offer to the Debtor for the Debtor's assets at
this time.
The sale will allow for the Debtor's business to continue to
operate. This will result in most of the Memstar employees
continuing to be employed. The sale will also allow for Memstar to
reach an agreement with the Montgomery County ad valorem taxing
authorities (the "Tax Authorities") to reach an agreement regarding
a pre-petition tax abatement. This agreement will save the
bankruptcy estate several hundreds of thousands of dollars that
might otherwise arguably have been a secured claim.
The sale generated proceeds to pay off the three secured claims
each of which were accruing interest because each of the claimants
are over secured creditors. Those claimants were Amerisource, the
Tax Authorities and Synder TX, Inc. The aggregate of the principal
balance of that secured debt was approximately $3.8 million.
(Amerisource $3,267,474; Tax Authorities $200,000 (for 2024) and
$46,000 (for pro rata 2025); and Synder Tx $350,000).
The Plan contemplates a liquidation of the Debtor and its Estate.
The primary objective of the Plan is to maximize the value of
recoveries to all Holders of Allowed Claims and to distribute all
property of the Estate that is or becomes available for
distribution generally in accordance with the priorities
established by the Bankruptcy Code. The Debtor believes that the
Plan accomplishes this objective and is in the best interest of the
Estate and therefore seek to confirm the Plan.
The Debtor sold substantially all its assets on April 11, 2025.
Under the terms of the Sale, the Debtor retained certain litigation
claims, funds, and other assets in order to wind down its
operations and make distributions to Creditors with Allowed
Claims.
Class 3 consists of General Unsecured Claims. In full and final
satisfaction of each Allowed General Unsecured Claim, the Holder of
such Claim shall receive in full and final satisfaction of such
Holder's Allowed Claim its Pro Rata Share of Liquidating Trust
Units. This Class will receive a distribution of 54% to 68% of
their allowed claims. Class 3 General Unsecured Claims are
impaired; Holders of such Claims are entitled to vote on the Plan.
Class 4 consists of all Equity Interests. On the Effective Date,
all Equity Interests will be deemed cancelled and extinguished.
Holders of Equity Interests will receive no property or
Distribution under the Plan on account of such Equity Interests.
On and after the Effective Date, the Liquidating Agent will, among
other things, (i) investigate and, if appropriate, pursue Causes of
Action and Avoidance Actions, including the Causes of Action, (ii)
administer, monetize and liquidate Assets, (iii) resolve all
Disputed Claims, if appropriate, and (iv) make all Distributions in
accordance with the Plan. The Liquidating Agent shall be authorized
to take such actions without further order of the Bankruptcy Court;
provided, however, the Liquidating Agent may seek such Bankruptcy
Court authority as the Liquidating Agent, in its absolute
discretion, deems necessary or appropriate. Certain Powers and
Duties of the Liquidating Agent and Liquidating Trustee.
A full-text copy of the Combined Disclosure Statement and Plan
dated June 3, 2025 is available at https://urlcurt.com/u?l=OSCnW6
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Michael J. Durrschmidt, Esq.
Kim E. Lewinski, Esq.
DYKEMA GOSSETT PLLC
5 Houston Center
1401 McKinney Street, Suite 1625
Houston, TX 77010
Telephone: (713)-904-6874
Facsimile: (855) 262-3749
Email: mdurrschmidt@dykema.com
Email: klewinski@dykema.com
About Memstar USA Inc.
Memstar USA Inc. owns the property located at 3655 Pollock Drive,
Conroe, TX 77303. The Property encompasses 10 acres of land, a
41,000 sq. ft. manufacturing plant, and a 4,500 sq. ft. office
building. The current value of the Property is estimated at $7.5
million.
Memstar USA Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-30764) on February 7,
2025. In its petition, the Debtor reports total assets of
$8,712,000 and total liabilities of $10,547,608.
The Debtor is represented by Michael J. Durrschmidt, Esq. at DYKEMA
GOSSETT PLLC.
MIMOSAS A CALI: Case Summary & 12 Unsecured Creditors
-----------------------------------------------------
Debtor: Mimosas A Cali Life LLC
d/b/a Mimosas
d/b/a Story Anaheim
8150 E. Santa Canyon Road
Anaheim, CA 92808
Business Description: Mimosas A Cali Life LLC operates bar and
restaurant venues under the names Mimosas
and Story Anaheim. The establishments offer
a variety of food and beverage services,
including brunch, lunch, dinner, and
cocktails, with a focus on spirits, wine,
and beer. They are based in California and
cater to weekday and weekend dining
experiences.
Chapter 11 Petition Date: June 12, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-14956
Judge: Hon. Vincent P Zurzolo
Debtor's Counsel: David Goodrich, Esq.
GOLDEN GOODRICH LLP
3070 Bristol Street, Suite 640
Costa Mesa, CA 92626
Tel: 714-966-1000
E-mail: Cyoshonis@go2.law
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Chad R. Reinhardt as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's 12 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FGUE34A/MIMOSAS_A_CALI_LIFE_LLC__cacbke-25-14956__0001.0.pdf?mcid=tGE4TAMA
MONARCHY RANCHERS: Gets Interim OK to Use Cash Collateral
---------------------------------------------------------
Monarchy Rancheros de Santa Fe, LLC got the green light from the
U.S. Bankruptcy Court for the District of New Mexico to use cash
collateral.
The court's order authorized the Debtor's interim use of cash
collateral from June 13 to 25 to pay operating expenses in
accordance with its budget.
Rancheros de Santa Fe, Inc., a secured creditor, asserts a lien on
the cash collateral.
As protection, Rancheros de Santa Fe, Inc. will be granted
replacement liens on property acquired by the Debtor after the
petition date that is similar to its pre-bankruptcy collateral.
The secured creditor has adequate protection for its security
interest in cash
collateral during the interim period without receiving payment,
according to the court order.
The next hearing is set for June 25.
The Debtor, which operates an RV park in Santa Fe County, New
Mexico, filed for Chapter 11 relief on June 5, and continues to
manage its assets as a debtor-in-possession.
Rancheros de Santa Fe, Inc. is identified as the sole known
creditor asserting a lien on cash collateral, with a claimed debt
of approximately $3.45 million secured by the Debtor's assets. The
collateral is estimated to be worth about $4.7 million, and the
Debtor had around $53,066 in cash at filing.
Rancheros de Santa Fe, Inc. is represented by:
Kathleen T. Ahghar, Esq.
Moses, Farmer, Glenn, Gutierrez & Werntz, P.C.
P.O. Box 30087
Albuquerque, NM 87190
Telephone: 505-843-9440
kathleen@moseslaw.com
karla@moseslaw.com
About Monarchy Rancheros de Santa Fe
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.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.M. Case No. 25-10691) on June 5, 2025.
In the petition signed by Daniel Galvan, authorized member, the
Debtor disclosed $5,032,566 in assets and $3,440,000 in
liabilities.
Judge Robert H. Jacobvitz oversees the case.
Marcus Sedillo, Esq., at Gatton & Associates, P.C., represents the
Debtor as legal counsel.
NATIONAL FENCE: Hires Bibeault & Associates LLC as Accountant
-------------------------------------------------------------
National Fence and Supply Co. seeks approval from the U.S.
Bankruptcy Court for the District of Massachusetts to employ
Bibeault & Associates LLC as accountant.
The firm will render general accounting and tax services and assist
the Debtor in fulfilling its bankruptcy reporting requirements.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Mr. Bibeault 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. Bibeault, CPA
235 Promenade Street Suite 120
Providence, RI 02908
Tel: (401) 329-5900
Email: bob@bibeaultcpa.com
About National Fence and Supply Co.
National Fence and Supply Co. is a specialized contractor operating
in the fencing industry that provides fence installation services
and supplies various fencing materials and related products to
residential and commercial customers throughout the region.
National Fence and Supply sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Mass. Case No.
25-10914) on May 1, 2025. In its petition, the Debtor reported
estimated assets between $50,000 and $100,000 and estimated
liabilities between $1 million and $10 million.
The Debtor is represented by Hilmy Ismail, Esq., at the Law Office
of Hilmy Ismail.
NEUEHEALTH INC: Stockholders OK All Proposals at Annual Meeting
---------------------------------------------------------------
NeueHealth, Inc. on May 29, 2025, held its annual meeting of
stockholders. There were 6,617,884 shares of common stock
represented at the Annual Meeting. The stockholders of the Company
voted as follows on the following matters at the Annual Meeting:
(1) Election of Directors:
* Kedrick D. Adkins Jr., Linda Gooden, Jeffrey R. Immelt,
Manuel Kadre, Stephen Kraus, Mohamad Makhzoumi, Matthew G. Manders,
G. Mike Mikan, Robert J. Sheehy, Andrew Slavitt were elected to
serve as directors until the 2026 annual meeting of stockholders.
(2) Ratification of the appointment of Deloitte & Touche LLP:
* The appointment of Deloitte & Touche LLP as the independent
registered public accounting firm for the Company for the fiscal
year ending December 31, 2025 was ratified.
(3) Non-binding advisory vote on executive compensation.
* The compensation of the Company's named executive officers
for 2024 was approved on a non-binding, advisory basis.
About NeueHealth Inc.
Headquartered in Doral, FL, NeueHealth Inc. --
http://www.neuehealth.com/-- is a value-driven healthcare company
rooted in the belief that every health consumer deserves
high-quality, coordinated care. The Company operates through two
primary segments -- NeueCare and NeueSolutions -- each focused on
optimizing the healthcare experience for consumers, providers, and
payors with a consumer-centric, value-based care model. NeueCare
provides accessible, affordable healthcare across diverse
populations, including those in the ACA Marketplace, Medicare, and
Medicaid, through both owned and affiliated clinics. NeueSolutions
empowers providers and medical groups to succeed in
performance-based care models. This segment also participates in
the Centers for Medicare & Medicaid Innovation's (CMMI) ACO REACH
program, ensuring high-quality healthcare access for Medicare
beneficiaries.
In its report dated March 21, 2025, Deloitte & Touche LLP, the
Company's auditor since 2020, issued a “going concern”
qualification attached in the Company's Form 10-K for the year
ended Dec. 31, 2024, stating that the Company has a history of
operating losses, negative cash flows from operations and does not
have sufficient cash on hand or available liquidity to meet its
obligations. These conditions raise substantial doubt about its
ability to continue as a going concern.
As of Dec. 31, 2024, NeueHealth had $544.38 million in total
assets, $930.49 million in total liabilities, $48.58 million in
redeemable noncontrolling interests, $747.48 million in redeemable
series A preferred stock, $172.94 million in redeemable series B
preferred stock, and a total shareholders' deficit of $1.36
billion.
NOBLE GOODNESS: Seeks to Hire Sacks Tierney P.A. as Counsel
-----------------------------------------------------------
Noble Goodness, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Arizona to employ Sacks
Tierney P.A. as counsel.
The firm's services include:
(a) advising and assisting the Debtors with respect to the
obligations and limitations imposed upon them as debtors in
bankruptcy;
(b) advising the Debtors with respect to the continued operation
of their business while in bankruptcy;
(c) advising the Debtors with respect to the treatment of claims
against their bankruptcy estates and the assumption or rejection of
executory contracts;
(d) preparing pleadings and applications and attending all
hearings and examinations necessary to the proper administration of
the Debtors' Bankruptcy Cases and any related proceedings;
(e) advising and assisting the Debtors in the formulation and
presentation of a plan of reorganization; and
(f) any other necessary action concerning any of the
above-mentioned matters.
The firm will be paid at the rates of $220 to $590 per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Ray 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:
Wesley D. Ray, Esq.
Philip R. Rudd, Esq.
Sacks Tierney P.A.
4250 N. Drinkwater Blvd., 4th Floor
Scottsdale, AZ 85251-3693
Telephone: (480) 425-2600
Facsimile: (480) 970-4610
Email: Wesley.Ray@SacksTierney.com
Philip.Rudd@SacksTierney.com
About Noble Goodness, LLC
Noble Goodness, LLC operates a bakery and eatery in Phoenix, Ariz.
Noble Goodness sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-04874) on May 29,
2025, listing up to $10 million in both assets and liabilities.
Jason Raducha, a member of Noble Goodness, signed the petition.
Wesley D. Ray, Esq., at Sacks Tierney, PA, represents the Debtor as
legal counsel.
NORTHERN DYNASTY: Receives $12M Third Tranche Under Royalty Deal
----------------------------------------------------------------
Northern Dynasty Minerals Ltd. announced that it has received
payment of $12 million representing the third tranche investment
under the Company's royalty agreement dated July 26, 2022, as
amended. Concurrent with the completion of the investment, the
Company and the royalty investor agreed to further amend the terms
of the Royalty Agreement to increase flexibility of payment
installments and to extend the July 26, 2025 expiration date.
Under the initial amendment to the Royalty Agreement, as reported
in the Company's news release dated November 13, 2023, the Royalty
Holder received, among other things, the right to fund the three
remaining $12 million tranches on or before July 26, 2025.
Completion of each additional tranche entitles the Royalty Holder
the right to receive an additional 2% of the payable gold
production and 6% of the payable silver production from the Pebble
Project.
In exchange for an early payment of the third $12 million tranche
before the July 26, 2025 deadline, the Company has agreed to extend
the deadline for completion of the remaining two tranches to
September 30, 2025. Additionally, if the fourth $12 million tranche
is completed on or before September 30, 2025, the Royalty Holder
will have the right to complete the fifth and final $12 million
tranche investment at any time up to and including December 31,
2025. The aggregate total purchase price of $60 million and maximum
royalty rates (10% of payable gold production and 30% of payable
silver production) remain unchanged from the original Royalty
Agreement.
"We are pleased to see the Royalty Holder make its third payment of
$12 million, bringing its total investment in the royalty up to $36
million of a possible $60 million available under the Royalty
Agreement," said Ron Thiessen, Northern Dynasty President and CEO.
About Northern Dynasty Minerals Ltd.
Northern Dynasty Minerals Ltd. is a mineral exploration and
development company based in Vancouver, Canada. Northern Dynasty's
principal asset, owned through its wholly owned Alaska-based U.S.
subsidiary, Pebble Limited Partnership, is a 100% interest in a
contiguous block of 1,840 mineral claims in Southwest Alaska,
including the Pebble deposit, located 200 miles from Anchorage and
125 miles from Bristol Bay. The Pebble Partnership is the proponent
of the Pebble Project.
In its report dated March 27, 2025, Deloitte LLP, the Company's
auditor in Vancouver, Canada, issued a "going concern"
qualification, stating that the Company incurred a consolidated net
loss of $33 million for the year ended Dec. 31, 2024, and had a
consolidated deficit of $729 million as of that date. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
Northern Dynasty reported a net loss of C$36.15 million for the
year ending Dec. 31, 2024, compared to a net loss of C$21 million
for the year ending Dec. 31, 2023. As of Dec. 31, 2024, the Company
reported total assets of C$137.16 million, total liabilities of
C$39.96 million, and total equity of C$97.20 million.
OLB TRUCKING: Hires Calvin L. Jackson P.C. as Counsel
-----------------------------------------------------
OLB Trucking, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Georgia to employ Calvin L. Jackson, P.C.
as counsel.
(a) give the Debtor in possession legal advice with respect to
the duties and powers as a Debtor in possession and the continued
operation of its business;
(b) prepare on behalf of the Debtor the necessary applications,
answers reports, and other legal papers;
(c) prepare pleadings and applications, and to conduct
examinations incidental to the administration of the estate;
(d) take any and all action necessary to the proper preservation
and administration of the estate;
(e) assist the Debtor in possession in the preparation and
filing of a statement of financial affairs and schedule of assets
and liabilities;
(f) assist the Debtor in possession in the preparation and
filing of a plan of reorganization; and
(g) perform all of the legal services for the debtor in
possession which may be necessary herein.
The firm will be paid at the rate of $250 per hour.
The Debtor paid the firm a retainer of $5,238.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Jackson 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:
Calvin L. Jackson, Esq.
Calvin L. Jackson, P.C.
P.O. Box 7221
Warner Robins, GA 31095
Tel: (478) 923-9611
About OLB Trucking, LLC
OLB Trucking, LLC, filed a Chapter 11 bankruptcy petition (Bankr.
S.D. Ga. Case No. 25-30060-SDB) on May 23, 2025. The Debtor hires
Calvin L. Jackson, P.C. as counsel.
ORYX MIDSTREAM: Moody's Affirms 'Ba3' CFR, Outlook Remains Stable
-----------------------------------------------------------------
Moody's Ratings affirmed Oryx Midstream Services Permian Basin
LLC's ratings, including its Ba3 Corporate Family Rating, Ba3-PD
Probability of Default Rating, Ba3 senior secured term loan rating,
and Ba1 senior secured super priority revolving credit facility
rating. The outlook remains stable. These actions follow the
announcement of a $150 million add-on to the senior secured term
loan to fund a dividend to Oryx Midstream's sponsors.
RATINGS RATIONALE
The increase in Oryx Midstream's debt to fund a dividend to its
sponsors will weaken its stand-alone credit metrics, with the
company's leverage relative to distributions received remaining
high and not declining as previously expected. This negative effect
from the increase in debt has been offset by the strengthening
credit profile of Plains Oryx Permian Basin LLC (the Permian JV),
with significant growth achieved since its inception. These
counterbalancing factors support the affirmation of Oryx
Midstream's Ba3 CFR.
Oryx Midstream's Ba3 CFR is supported by its 35% ownership in the
Permian JV, its strong contractual rights and ability to influence
key decisions including capital spending and M&A, and the Permian
JV's strong position as a provider of crude oil gathering and
transportation services in the Permian basin. The Permian JV is a
joint venture between Plains All American Pipeline L.P. (Plains,
Baa2 stable) and Oryx Midstream Holdings LLC (unrated; a portfolio
company of Stonepeak Partners LP) and is among the largest
midstream services providers in the Permian basin. The Permian JV
has experienced meaningful growth in EBITDA and free cash flow
generation in recent years through both organic growth projects and
M&A. Moody's expects the Permian JV to continue to benefit from
production growth in the basin, although growth may slow or even
decline given the lower oil price environment. The JV has taken on
debt to fund acquisitions, however, this debt has been structured
to amortize to zero over short periods of time. Moody's considers
the JV to be of low Baa credit quality given its business profile,
scale, strategic importance to Plains, and the implicit burden to
support its owners debt. Oryx Midstream is reliant on JV
distributions to service its term loan debt and debt service
requirements at the Permian JV may influence the distributions that
Oryx Midstream receives. The term loan includes an excess cash flow
sweep to protect lenders, however, Oryx Midstream's leverage is
expected to remain below the threshold for excess cash flow
sweeps.
Moody's expects Oryx Midstream to maintain adequate liquidity
through at least 2026. The company's sole source of cash flow is
the distributions it receives from the JV but it also has a $50
million revolver due in 2026. Moody's expects Oryx Midstream to
extend its revolver on similar terms well before its maturity.
There is an excess cash flow sweep mechanism under the credit
facility's terms that requires repayment of debt with 75% of any
excess cash flow if Oryx Midstream's leverage (Holdco
debt/proportionate JV EBITDA) remains above 5.0x, although this
percentage is reduced to 50% if leverage ratio remains between 4.5x
and 5.0x, and to 0% below 4.5x. The JV distributions will
comfortably cover the Holdco's debt service requirements, which
includes interest payments and 1% mandatory amortization per annum.
The company is also required to maintain a debt service coverage
ratio in excess of 1.1x. Moody's expects the company to remain well
in compliance with this covenant through at least 2026.
The term loan is rated Ba3, the same as the CFR because of the
small size of the revolver relative to the term loan. The $50
million revolver is rated Ba1, reflective of its super-senior
priority to the company's assets over the term loan. Moody's views
the Ba1 rating as more appropriate given the holdco nature of Oryx
Midstream and the underlying credit profile of the JV than the
rating suggested by Moody's Loss Given Default for
Speculative-Grade Companies Rating Methodology.
The stable outlook reflects Moody's expectations that Oryx
Midstream will maintain stable to modestly improving stand-alone
credit metrics.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Oryx Midstream's ratings could be upgraded if the Permian JV
sustains its credit profile while Oryx Midstream's stand-alone
financial leverage based on its distributions received is sustained
below 5x. The ratings could be downgraded if the JV takes on
material financial leverage or if cash flow generation and
distributions are more volatile than expected, or if Plains is
downgraded. The ratings could also be downgraded if stand-alone
leverage based on distributions is sustained over 7x.
Oryx Midstream Services Permian Basin LLC, headquartered in
Midland, Texas, owns a 35% ownership stake in a joint venture
(Plains Oryx Permian Basin LLC) with a large crude oil gathering
and transportation system in the Permian basin. The JV between
Plains and Oryx was formed in the fourth quarter of 2021. The
company is majority-owned by affiliates of Stonepeak Partners LP
and ownership stakes are also held by an affiliate of the Qatar
Investment Authority and management.
The principal methodology used in these ratings was Midstream
Energy published in February 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
PAGE AVE: Case Summary & One Unsecured Creditor
-----------------------------------------------
Debtor: Page Ave Partners LLC
Richmond Valley Road
Staten Island, NY 10309
Business Description: Page Ave Partners LLC owns a single real
estate asset located on Richmond Valley Road
in Staten Island, New York. The property
has an estimated value of $1.5 million.
Chapter 11 Petition Date: June 11, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-42844
Judge: Hon. Nancy Hershey Lord
Debtor's Counsel: Jonathan S. Pasternak, Esq.
DAVIDOFF HUTCHER & CITRON LLP
605 Third Avenue
34th Floor
New York, NY 10158
Tel: 212-557-7200
Fax: 212-286-1884
Email: jsp@dhclegal.com
Total Assets: $1,500,000
Total Liabilities: $4,000,000
The petition was signed by Isaac Genuth as managing member.
The Debtor listed SOF Richmond Rd LLC as its only unsecured
creditor, with a $2.5 million claim. The creditor's address is
listed c/o Frank Dell'Amore, Esq. of Jaspen Schlesinger Et Al.,
Garden City, New York.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CVCQSAQ/Page_Ave_Partners_LLC__nyebke-25-42844__0001.0.pdf?mcid=tGE4TAMA
PAWLUS DENTAL: Hires Hester Baker Krebs LLC as Counsel
------------------------------------------------------
Pawlus Dental, Inc. seeks approval from the U.S. Bankruptcy Court
for the Southern District of Indiana to employ Hester Baker Krebs
LLC as counsel.
The firm will provide these services:
(a) take necessary or appropriate actions to protect and
preserve the Debtor's estate;
(b) prepare on behalf of the Debtor necessary or appropriate
legal papers in connection with the administration of its estate;
(c) provide advice, represent, and prepare necessary
documentation and pleadings regarding debt restructuring, statutory
bankruptcy issues, post-petition financing, real estate, business
and commercial litigation, tax, and, as applicable, asset
dispositions;
(d) counsel the Debtor with regard to its rights and
obligations and its powers and duties in the continued management
and operations of its business and properties;
(e) take necessary or appropriate actions in connection with a
plan or plans of reorganization and related disclosure statement
and all related documents, and such further actions as may be
required in connection with the administration of the Debtor's
estate; and
(f) act as general bankruptcy counsel for the Debtor and
perform all other necessary or appropriate legal services in
connection with the Chapter 11 case.
The firm will be paid as follows:
Jeffrey Hester, Member $450
John Allman, Member $420
Marsha Hetser, Paralegal $215
Tricia Hignight, Paralegal $215
The firm received from the Debtor an initial retainer of $7,500.
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 Pawlus Dental, Inc.
Pawlus Dental, Inc. provides comprehensive dental services in
Columbus, Ind., focusing on preserving natural teeth and enhancing
smile aesthetics. The practice offers treatments including dental
implants, sleep apnea management, clear aligners, periodontal and
cosmetic care, preventive and restorative dentistry, wisdom teeth
extraction, root canal therapy, and sedation dentistry.
Pawlus Dental sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-02780) on May 14,
2025, listing $890,156 in total assets and $1,119,328 in total
liabilities. John G. Pawlus, president and owner of Pawlus Dental,
signed the petition.
Judge James M. Carr oversees the case.
John Allman, Esq., at Hester Baker Krebs, LLC is the Debtor's
bankruptcy counsel.
German American Bank, as lender, is represented by:
Bruce A. Smith, Esq.
Rhonda S. Miller, Esq.
Smith & Miller, LLP
P.O. Box 387
Bargersville, IN 46106
Phone: (812) 802-0222
bsmith@smithmillerlaw.com
rmiller@smithmillerlaw.com
PHAIR COMPANY: Hires Grobstein Teeple as Financial Advisors
-----------------------------------------------------------
The Phair Company LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Southern District of California to
employ Grobstein Teeple LLP as financial advisors.
The firm's services include:
(i) monitoring Debtors' financial condition and operating
performance;
(ii) assisting with preparation of Debtors' monthly operating
reports and periodic reports for Debtors' limited liability
companies;
(iii) performing due diligence with respect to the assets and
liabilities, business, financial conditions, and opportunities for
Debtors to enhance the value of their assets;
(iv) interacting with the Internal Revenue Service on Debtors'
behalf regarding formerly submitted tax returns, and amending such
tax returns to the extent necessary;
(v) preparing estate tax returns;
(vi) assisting with the drafting of a Chapter 11 plan, including
providing projections and valuations, as necessary; and
(vii) performing any and all other services incident and
necessary for the smooth administration of the bankruptcy cases.
The firm will be paid at these rates:
Partners/Principals $400 to $700 per hour
Managers/Directors $325 to $485 per hour
Staff/Senior Accountants $145 to $325 per hour
Paraprofessionals $105 to $200 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Teeple 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 R. Teeple
Grobstein Teeple LLP
Los Angeles Headquarters
6300 Canoga Avenue Ste 1500W
Woodland Hills, CA 91367
Tel: (818) 532-1020
About The Phair Company LLC
The Phair Company LLC is a limited liability company.
The Phair Company LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-00667) on February
25, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Vincent Renda, Esq. at PINNACLE LEGAL P.C. represents the Debtor as
counsel.
PINSTRIPES INC: Considers Chapter 11 Bankruptcy Filing
------------------------------------------------------
Reshmi Basu and Jill R. Shah of Bloomberg News report that
Pinstripes Inc., a dining and entertainment company known for its
venues featuring bowling, bocce, and food service, is considering
filing for Chapter 11 bankruptcy as early as next week, according
to sources familiar with the matter.
The company has been in private negotiations with its lenders and
is receiving legal advice from Ropes & Gray, the sources said,
requesting anonymity due to the confidential nature of the
discussions. A Chapter 11 filing would allow Pinstripes to continue
operating while restructuring its debt, the report states.
Pinstripes is also working with advisory firm CR3 Partners, the
sources added.
About Pinstripes Inc.
Pinstripes Inc. is a dining and entertainment company known for its
venues featuring bowling, bocce, and food service.
PLATINUM COACH: Gets Interim OK to Use Cash Collateral
------------------------------------------------------
Platinum Coach, Inc. got the green light from the U.S. Bankruptcy
Court for the Eastern District of New York to use cash collateral.
The court's order authorized the company's interim use of cash
collateral until August 31 to pay operating expenses in accordance
with its budget.
As protection for the use of its cash collateral, the U.S. Small
Business Administration will be granted replacement liens on all of
the Debtor's assets and will receive a monthly payment of $500,
starting July 5.
The company's authority to use cash collateral terminates upon the
occurrence of so-called events of default, including failure to
comply with the terms of the order; use of cash collateral in
excess of the budget; dismissal or conversion of its Chapter 11
case; and appointment of a trustee or examiner.
About Platinum Coach Limousine
Platinum Coach Limousine Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y.
Case No. 23-41666) on May 12, 2023, listing under $1 million in
both assets and liabilities. Gregory Novak, president, signed the
petition.
Judge Elizabeth S. Stong oversees the case.
The Debtor tapped the Law Offices of Alla Kachan, PC as legal
counsel and Wisdom Professional Services Inc. as accountant.
PMHB LLC: Hires D&C Hospitality as Real Estate Broker
-----------------------------------------------------
PMHB, LLC seeks approval from the U.S. Bankruptcy Court for the
Western District of North Carolina to employ D&C Hospitality
Investments LLC d/b/a HREC Investment Advisors as real estate
broker.
The firm will market and sell the Debtor's real property located at
329 Rockwood Road, Arden, NC 28704.
The firm will be paid a transaction fee equal to the greater of
$300,000 or 1.10 percent of the gross proceeds.
Mr. Patel 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:
Bhavesh Patel
D&C Hospitality Investments LLC
d/b/a HREC Investment Advisors
6400 S. Fiddler's Green Circle Suite 1730
Greenwood Village, CO 80111
Tel: (813) 787-7291
Email: sstephens@hrec.com
About PMHB, LLC
PMHB, LLC is a hotel development company based in Asheville, N.C.
PMHB sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. W.D. N.C. Case No. 25-10038) on March 2, 2025. In its
petition, the Debtor reported between $10 million and $50 million
in both assets and liabilities.
Judge George R. Hodges handles the case.
The Debtor is represented by Dennis O'Dea, Esq., at SFS Law Group.
An official committee of unsecured creditors has been appointed in
the Debtor's Chapter 11 case.
PROJECT PIZZA: Hires Kornfield Nyberg Bendes as Counsel
-------------------------------------------------------
Project Pizza, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of California to employ Kornfield,
Nyberg, Bendes, Kuhner & Little, P.C. as counsel.
The firm will render these services:
a. give Debtor legal advice with respect to its powers and
duties as debtor-in-possession and the continued operation of its
business and management of its property;
b. prepare on behalf of applicant, as debtor-in-possession,
the necessary applications, answers, orders, reports and other
legal papers; and
c. perform all other legal services for Debtor which may be
necessary in this case.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
The firm was paid a pre-petition retainer in the amount of $25,000,
plus $1,738 filing fee.
Chris D. Kuhner, Esq., a partner at Kornfield, Nyberg, Bendes,
Kuhner & Little, 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:
Chris D. Kuhner, Esq.
Kornfield, Nyberg, Bendes,
Kuhner & Little, P.C.
1970 Broadway, Suite 600
Oakland, CA 94612
Tel: (510) 763-1000
Fax: (510) 273-8669
Email: c.kuhner@kornfieldlaw.com
About Project Pizza, LLC
Project Pizza, LLC operates Fiorella Clement, a neighborhood
Italian restaurant in San Francisco known for wood-fired pizzas,
handmade pastas, and seasonal dishes. The restaurant serves
customers through dine-in, takeout, and delivery.
Project Pizza sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Calif. Case No. 25-30397) on May
5, 2025. In its petition, the Debtor reported total assets of
$78,855 and total liabilities of $1,001,045.
Judge Hannah L. Blumenstiel handles the cases.
The Debtor is represented by Chris Kuhner, Esq., at Kornfield,
Nyberg, Bendes, Kuhner & Little P.C.
PROMETRIC HOLDINGS: Moody's Ups CFR to B2, Alters Outlook to Stable
-------------------------------------------------------------------
Moody's Ratings upgraded Prometric Holdings Inc.'s (Prometric)
Corporate Family Rating to B2 from B3 and its Probability of
Default Rating to B2-PD from B3-PD. The ratings on the existing
first lien credit facility, consisting of a $75 million revolving
credit facility due October 2027 and a $570.57 million term loan
due January 2028, were also upgraded to B1 from B2. At the same
time, Moody's assigned B1 ratings to the proposed first lien credit
facilities, consisting of a $75 million revolving credit facility
due June 2030 and a $585 million term loan due June 2032. The
existing instrument ratings will be withdrawn at closing of the
proposed refinancing. The rating outlook was changed to stable from
positive.
The rating upgrade reflects Prometric's continued improvement in
financial performance and leverage metrics, supported by volume
growth, pricing initiatives, and strategic acquisitions.
Prometric's Moody's-adjusted leverage (including Holdco debt) has
improved to 4.8x and Moody's expects that it will decline further
to a low 4x range over the next 12 months. Free cash flow has
strengthened due to higher testing volumes and completion of some
sizable capital spending initiatives, including cloud migration,
enhancements to remote testing technology, and ERP implementation.
Moody's expects free cash flow to debt to remain in the mid-single
digits over the next 12 months. Prometric's immigration-related
language testing has experienced high double-digit volume growth
and now represents a significant portion of total company growth.
In Canada —the largest market for this segment — English
Language Assessment volumes have increased steadily over the past
three years, while Japan has seen rising demand from foreign
workers due to demographic shifts. Moody's views this
immigration-driven business as a source of diversification from the
core high-stakes testing business. While Prometric does not hold
exclusive contracts in this area and is exposed to policy risk,
long-term demographic trends provide structural support. The core
business - assessment delivery – which remains the dominant
segment, has achieved low single-digit growth, driven by the
introduction of pricing escalators in contracts and incremental
revenue from additional services. New business wins and assessment
development have also contributed to growth. These factors have
resulted in strong year-to-date revenue growth of approximately 14%
through the second quarter FY25.
Moody's views the refinancing transaction, which extends the term
loan maturity by seven years and reduces interest expense,
alongside the sponsor's commitment to deleveraging, positively as
both enhance the company's credit profile.
RATINGS RATIONALE
The B2 CFR reflects Prometric's modest scale, elevated financial
leverage of 4.8x debt-to-EBITDA for the twelve months ended March
31, 2025, and customer concentration risks. Operating performance
has improved over the past 18 months, due to higher testing
volumes, new business wins, and completed initiatives to optimize
test center utilization and rationalize the network. Prometric
operates over 6,000+ secure testing centers across more than 160
countries, which enhances its ability to attract and retain
customers. The ratings are also supported by the company's
established position in the testing and assessment services market,
along with long-standing customer relationship and multi-year
contracts, provides strong revenue visibility. Moody's expects
retention rates to remain in the high 90s. Prometric also benefits
from moderate cyclical exposure, as educational-related testing
volumes tend to rise during economic downturns, offsetting declines
in more economically sensitive segments such as for employment. The
addition of remote testing capabilities has further reduced the
risk of client losses compared to when the company relied solely on
in-center testing capabilities several years ago.
Liquidity, on a pro forma basis for the transaction, remains
adequate. Prometric has $13 million in cash, and the proposed $75
million revolving credit facility maturing in 2030 is expected to
be undrawn at closing but used at peak borrowings. Additionally,
Moody's projects positive free cash flow between $20 - $25 million
over the next 12 months. These cash flows are expected to provide
adequate coverage of the $5.8 million in required annual term loan
amortization.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The stable outlook reflects Moody's expectations that Prometric
will continue improving its financial profile over the next 12-18
months through modest growth, margin expansion and consistent cash
generation. The outlook also incorporates the expectation that the
sponsor will maintain a conservative financial policy, avoiding
aggressive dividend distributions in favor of continued
deleveraging.
The ratings could be upgraded if the company increases testing
volume, revenue and earnings, diversifies its customer base,
sustains debt-to-EBITDA leverage below 4.0x; and maintains free
cash flow as a percentage of debt in the high single-digits.
The ratings could be downgraded if revenue and earnings decline due
to factors such as lower testing volume, customer losses, increased
competition or higher operating costs. Weak free cash flow,
debt-to-EBITDA above 5.5x, or a deteriorating liquidity could also
lead to a downgrade.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Prometric, headquartered in Baltimore, Maryland, is a provider of
testing and assessment services to educational testing providers,
associations, and corporations globally. Prometric was acquired by
funds affiliated with BPEA EQT in January 2018. The company
generated about $438 million of revenue for the trailing twelve
months ended March 31, 2025.
PUNKO ONE: Hires Darby Law Practice Ltd as Bankruptcy Counsel
-------------------------------------------------------------
Punko One, LLC seeks approval from the U.S. Bankruptcy Court for
the District of Nevada to employ Darby Law Practice, Ltd as
bankruptcy counsel.
The firm will render these services:
(a) advise the Debtor of its rights, powers and duties in the
continued operation of business and management of its properties;
(b) take all necessary action to protect and preserve the
Debtor's estate;
(c) prepare on behalf of the Debtor all necessary legal papers
in connection with the administration of its estate;
(d) attend meetings and negotiations with the Subchapter 5
trustee, representatives of creditors, equity holders or
prospective investors or acquirers and other parties in interest;
(e) appear before the court, any appellate courts and the
Office of the United States Trustee to protect the interests of the
Debtor;
(f) pursue approval of confirmation of a plan of
reorganization and approval of the corresponding solicitation
procedures and disclosure statement; and
(g) perform all other necessary legal services in connection
with the Chapter 11 case.
Kevin Darby, Esq., the primary attorney in this representation,
will be billed at his hourly rate of $550.
The firm received from the Debtor a retainer of $6,000.
Mr. Darby disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Kevin A. Darby, Esq.
Darby Law Practice, Ltd.
499 W. Plumb Lane, Suite 202
Reno, NV 89509
Tel: (775) 322-1237
Fax: (775) 996-7290
Email: kevin@darbylawpractice.com
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.
PURDUE PHARMA: Ch. 11 Plan Threatens Sackler Claims, Says McKinsey
------------------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that McKinsey &
Co. has requested that a New York bankruptcy judge deny approval of
Purdue Pharma's Chapter 11 disclosure statement, arguing that the
plan lacks clarity regarding how it would handle the firm's
potential claims against the Sackler family, the company's former
owners.
About Purdue Pharma LP
Purdue Pharma L.P. and its subsidiaries --
http://www.purduepharma.com/-- develop and provide prescription
medicines and consumer products that meet the evolving needs of
healthcare professionals, patients, consumers and caregivers.
Purdue's subsidiaries include Adlon Therapeutics L.P., focused on
treatment for Attention-Deficit/Hyperactivity Disorder (ADHD) and
related disorders; Avrio Health L.P., a consumer health products
company that champions an improved quality of life for people in
the United States through the reimagining of innovative product
solutions; Imbrium Therapeutics L.P., established to further
advance the emerging portfolio and develop the pipeline in the
areas of CNS, non-opioid pain medicines, and select oncology
through internal research, strategic collaborations and
partnerships; and Greenfield Bioventures L.P., an investment
vehicle focused on value-inflection in early stages of clinical
development.
Opioid makers in the U.S. are facing pressure from a crackdown on
the addictive drug in the wake of the opioid crisis and as state
attorneys general file lawsuits against manufacturers. More than
2,000 states, counties, municipalities and Native American
governments have sued Purdue Pharma and other pharmaceutical
companies for their role in the opioid crisis in the U.S., which
has contributed to the more than 700,000 drug overdose deaths in
the U.S. since 1999.
OxyContin, Purdue Pharma's most prominent pain medication, has been
the target of over 2,600 civil actions pending in various state and
federal courts and other fora across the United States and its
territories.
On Sept. 15 and 16, 2019, Purdue Pharma L.P. and 23 affiliated
debtors each filed a voluntary petition for relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 19
23649), after reaching terms of a preliminary agreement for
settling the massive opioid litigation. The Debtors' consolidated
balance sheet as of Aug. 31, 2019, showed $1.972 billion in assets
and $562 million in liabilities.
U.S. Bankruptcy Judge Robert Drain oversees the cases.
The Debtors tapped Davis Polk & Wardwell, LLP and Dechert, LLP, as
legal counsels; PJT Partners as investment banker; AlixPartners as
financial advisor; and Grant Thornton, LLP as tax structuring
consultant. Prime Clerk, LLC, is the claims agent.
Akin Gump Strauss Hauer & Feld LLP and Bayard, P.A., represent the
official committee of unsecured creditors appointed in the Debtors'
bankruptcy cases.
David M. Klauder, Esq., is the fee examiner appointed in the
Debtors' cases. The fee examiner is represented by Bielli &
Klauder, LLC.
* * *
U.S. Bankruptcy Judge Robert Drain in early September 2021 approved
a plan to turn Purdue into a new company (Knoa Pharma LLC) no
longer owned by members of the Sackler family, with its profits
going to fight the opioid epidemic. The Sackler family agreed to
pay $4.3 billion over nine years to the states and private
plaintiffs and in exchange for a lifetime legal immunity. The deal
resolves some 3,000 lawsuits filed by state and local governments,
Native American tribes, unions, hospitals and others who claimed
the company's marketing of prescription opioids helped spark and
continue an overdose epidemic.
Separate appeals to approval of the Plan have already been filed by
the U.S. Bankruptcy Trustee, California, Connecticut, the District
of Columbia, Maryland, Rhode Island and Washington state, plus some
Canadian local governments and other Canadian entities.
In early March 2022, Purdue Pharma reached a nationwide settlement
over its role in the opioid crisis, with the Sackler family members
boosting their cash contribution to as much as $6 billion. The
settlement was hammered out with attorneys general from the eight
states -- California, Connecticut, Delaware, Maryland, Oregon,
Rhode Island, Vermont and Washington -- and D.C. who had opposed
the previous settlement.
QVC GROUP: Exec Chair Retains Role Under New Employment Agreement
-----------------------------------------------------------------
QVC Group, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company executed a new
employment agreement with Gregory B. Maffei to continue serving as
Executive Chairman of QVC Group, Inc.
Mr. Maffei has served as Executive Chairman since March 2018 and,
prior to such time, served as President and Chief Executive Officer
and a director of the Company and its predecessor. The Company
believes that Mr. Maffei's institutional knowledge and continued
involvement will prove invaluable as the Company continues to
navigate macro-economic factors impacting its businesses and
focuses on executing its strategic priorities, achieving its
business objectives and driving the future of live social
shopping.
* Term:
The Employment Agreement provides for an initial term expiring
December 31, 2025, which will be automatically extended through
December 31, 2026 unless a notice of nonrenewal is provided by
either party at least 30 days prior to December 31, 2025, or Mr.
Maffei's employment with the Company ends before such date.
* Base Salary; Bonus:
Pursuant to the Employment Agreement, Mr. Maffei will receive an
annual base salary of $1 million, retroactive to January 1, 2025
and reduced by the amount of nonemployee director compensation
previously paid to Mr. Maffei for his service on the Board of
Directors during 2025. For each calendar year during the Term, Mr.
Maffei will be considered for a bonus so long as he remains
employed with the Company through the end of such year. Whether Mr.
Maffei will be awarded any such bonus and the amount of any bonus
will be determined by the Compensation Committee of the Board in
its sole discretion.
* Termination:
The Employment Agreement also provides that, on any termination of
Mr. Maffei's employment, he will be entitled to his accrued base
salary through the date of termination, any unpaid expense
reimbursements, any vested benefits owed in accordance with other
applicable plans, programs and arrangements of the Company, any
discretionary bonus with respect to a calendar year ending prior to
the date of termination awarded but unpaid, and the continuance of
certain indemnification rights. In addition, in the event Mr.
Maffei's employment is terminated during the Term by the Company
without Cause or by Mr. Maffei for Good Reason (each as defined in
the Employment Agreement), Mr. Maffei will be entitled to a
severance payment equal to the amount of his base salary that he
would have earned through the remainder of the Term had it not been
so terminated, subject to the execution of a release.
The following description of Mr. Maffei's Employment Agreement is
qualified in its entirety by reference to the Employment Agreement,
which is available at https://tinyurl.com/y9dspvcv
About QVC Group
QVC Group, Inc., formerly known as Qurate Retail, Inc. --
https://www.qvcgrp.com/ -- owns interests in subsidiaries and other
companies which are primarily engaged in the video and online
commerce industries. Through our subsidiaries and affiliates, we
operate in North America, Europe and Asia. Its principal businesses
and assets include our consolidated subsidiaries QVC, Inc.,
Cornerstone Brands, Inc., and other cost method investments.
As of Dec. 31, 2024, QVC Group had $9.24 billion in total assets,
$10.13 billion in total liabilities, and $885 million in total
stockholders' equity.
* * *
In June 2025, Fitch Ratings has downgraded QVC Group, Inc.'s (QVC)
Long-Term Issuer Default Rating (IDR) to 'CCC+' from 'B-'. The
downgrade reflects heightened risk regarding QVC's ability to
stabilize operations and support its capital structure amid
accelerating revenue declines and a challenged operating
environment.
RAFTER H FARM: Case Summary & 13 Unsecured Creditors
----------------------------------------------------
Debtor: Rafter H Farm and Ranch, LLC
Rafter H Commodities
238 County Road 435
Jonesboro, TX 76538-1482
Business Description: Rafter H Commodities is a family-run
agricultural business based in Texas. The
Company engages in diversified farming
activities, emphasizing sustainable
homesteading and livestock production.
Chapter 11 Petition Date: June 11, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 22-10112
Judge: Hon. Brad W Odell
Debtor's Counsel: Joseph Fredrick Postnikoff, Esq.
ROCHELLE MCCULLOUGH, LLP
300 Throckmorton Street, Suite 520
Fort Worth TX 76102-2929
Tel: (817) 347-5261
E-mail: JPostnikoff@romclaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Sam Hemphill as managing 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/ZWZUBMA/Rafter_H_Farm_and_Ranch_LLC__txnbke-25-10112__0001.0.pdf?mcid=tGE4TAMA
REVIVA PHARMACEUTICALS: Inks $50M ATM Sales Deal With B. Riley, AGP
-------------------------------------------------------------------
Reviva Pharmaceuticals Holdings, Inc. disclosed in a Form 8-K
Report filed with the U.S. Securities and Exchange Commission that
the Company entered into an At Market Issuance Sales Agreement with
B. Riley Securities, Inc. and Alliance Global Partners, serving as
agents, with respect to an at-the-market offering program under
which the Company may offer and sell, from time to time at its sole
discretion, shares of its common stock, par value $0.0001 per
share, having an aggregate offering price of up to $50 million
through the Agents.
Any Shares offered and sold in the Offering will be issued pursuant
to the Company's shelf Registration Statement on Form S-3 (File No.
333-276848) filed with the Securities and Exchange Commission on
February 2, 2024, which was declared effective on February 13,
2024, the related prospectus contained therein, and the prospectus
supplement relating to the Offering to be filed with the SEC and
any applicable additional prospectus supplements related to the
Offering that form a part of the Registration Statement.
The Agents may sell the Shares by any method permitted by law
deemed to be an "at the market offering" as defined in Rule 415 of
the Securities Act of 1933, as amended, including, without
limitation, sales made through The Nasdaq Capital Market or on any
other existing trading market for the Common Stock. The Agents will
use commercially reasonable efforts to sell the Shares from time to
time consistent with their normal trading and sales practices and
applicable state and federal rules, regulations and Nasdaq rules,
based upon instructions from the Company (including any price, time
or size limits or other customary parameters or conditions the
Company may impose). The Company will pay the Agents a commission
equal to three percent of the gross sales proceeds of any Shares
sold through the Agents under the Agreement, and also has provided
the Agents with customary indemnification and contribution rights.
The Agents are not required to sell any specific number or dollar
amount of the Shares, but will use commercially reasonable efforts
to sell, on behalf of the Company, all of the Shares requested to
be sold by the Company, consistent with their normal trading and
sales practices, on mutually agreed terms between the Agents and
the Company. There is no arrangement for funds to be received in
any escrow, trust or similar arrangement.
The foregoing description of the Agreement is not complete and is
qualified in its entirety by reference to the full text of the
Agreement, a copy of which is available
https://tinyurl.com/jwbtv23f
About Reviva Pharmaceuticals Holdings
Cupertino, Calif.-based Reviva Pharmaceuticals Holdings, Inc. is a
late-stage biopharmaceutical company that discovers, develops, and
seeks to commercialize next-generation therapeutics for diseases
representing unmet medical needs and burdens to society, patients,
and their families.
San Francisco, Calif.-based Moss Adams LLP, the Company's auditor
since 2023, issued a “going concern” qualification in its
report dated Apr. 2, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended Dec. 31, 2024, citing that the
Company has suffered recurring losses from operations and has a net
capital deficiency that raise substantial doubt about its ability
to continue as a going concern.
As of Dec. 31, 2024, the Company had $15.5 million in total assets,
$14.7 million in total liabilities, and a total stockholders'
equity of $0.8 million.
REVOLUTION AUTO: Claims to be Paid from Ongoing Operations
----------------------------------------------------------
Revolution Auto Brokers, L.L.C. filed with the U.S. Bankruptcy
Court for the Eastern District of Louisiana an Original Subchapter
V Plan of Reorganization dated June 3, 2025.
The Debtor owns and operates a used car dealership in LaPlace, LA.
The Debtor has two members: Mickey and Linda Landry. Mr. Landry
serves as the Debtor's manager and runs the Debtor on a day-to-day
basis.
The Debtor's primary asset is its real estate located at 500
Hemlock Street, LaPlace, LA 70068-3923 (the "Hemlock Property").
The Debtor's other assets include its used vehicle inventory (which
is usually three to four vehicles per month) and its leases of
Parcels #2 and #3 of the Hemlock Property.
The Debtor sought relief under Subchapter V because it had been
sued in Hamilton County, State of Indiana by NextGear. See NextGear
Capital, Inc. v. Revolution Auto Brokers, L.L.C. et al,
29D01-2412-PL-014072 (the "Indiana Action"). After the Petition
Date, NextGear voluntarily dismissed the Indiana Action without
prejudice.
The Debtor has formulated this Plan of Reorganization. The Debtor
intends to distribute its Projected Disposable Income to holders of
Allowed Claims over the Commitment Period.
Class 2 contains holders of Allowed General Unsecured Claims. The
Debtor has identified the following Persons as holders of General
Unsecured Claims: First Insurance Funding ($4,108.58); Next Gear
($93,929.77); LDR ($4,922.84); and Westchester Surplus Lines
($651.00).
The treatment of Class 2 shall depend on whether the holders of
Allowed General Unsecured Claims vote to accept or reject the Plan
as a Class, pursuant to section 1126(c) of the Bankruptcy Code.
If Class 2 votes to ACCEPT the Plan, each holder of an Allowed
General Unsecured Claim shall receive:
* a Pro Rata share of quarterly deferred Cash payments of
$4,000.00, payable on each quarterly Distribution Date for a period
beginning on the first Distribution Date after holders of Allowed
Administrative Claims are paid in full and continuing until the
earlier of (i) the date the Claim is paid in full or (ii) the date
of the refinance; and
* a Pro Rata share of the unpaid balance of such holder's
Allowed General Unsecured Claim from the net proceeds of a
refinance of the Hemlock Property, which refinance shall be
completed no later than four years after the Effective Date of the
Plan.
If Class 2 votes to REJECT the Plan, each holder of an Allowed
General Unsecured Claim shall receive a Pro Rata share of quarterly
deferred Cash payments of $4,000.00, payable on each quarterly
Distribution Date beginning on the first Distribution Date after
holders of Allowed Administrative Claims are paid in full and
continuing and continuing until the date the Claim is paid in full.
If Class 2 rejects the Plan, the Debtor estimates holders of
Allowed General Unsecured Claims will be paid in full by the 32nd
quarterly Distribution Date which would be after the fifth
anniversary of the Effective Date.
Class 2 is Impaired. Holders of Class 2 Claims are entitled to vote
to accept or reject this Plan.
Class 3 consists of Equity Security Holders Mickey and Linda
Landry. As the sole holders of Equity Securities in the Debtor,
Mickey and Linda Landry shall retain their membership interests.
Mickey and Linda Landry are Unimpaired, and thus, is deemed to
accept this Plan.
The Debtor shall fund the Plan from the ongoing operation of its
used car dealership business and rental income generated from the
lease of a portion of its real property to an auto repair shop. On
average, the Debtor sells approximately three used vehicles per
month, yielding an average net profit of $2,000 per vehicle, or
$6,000 per month. In addition, the Debtor receives $3,000 per month
in fixed rental income from the auto repair shop under a lease.
These combined revenues will be used to pay Administrative Claim,
fund distributions to creditors, and satisfy the Debtor's
obligations under the Plan.
To the extent necessary to meet Plan obligations, the Debtor shall
maintain reasonable business expenses and control overhead to
preserve Projected Disposable Income available for distribution.
The Debtor shall continue to operate in the ordinary course of
business, including acquiring inventory for resale, managing
operating expenses, and maintaining its lease arrangement with the
auto repair shop. The Debtor believes that its historical revenue
and cost structure will support the proposed Plan payments and
provide sufficient cash flow during the Commitment Period.
A full-text copy of the Subchapter V Plan dated June 3, 2025 is
available at https://urlcurt.com/u?l=9WwMwv from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Ryan J. Richmond, Esq.
Sternberg, Naccari & White, LLC
450 Laurel Street, Suite 1450
Baton Rouge, LA 70801
Tel: (225) 412-3667
Fax: (225) 286-3046
Email: ryan@snw.law
About Revolution Auto Brokers
Revolution Auto Brokers, L.L.C., owns and operates a used car
dealership in LaPlace, LA.
The Debtor filed Chapter 11 bankruptcy petition (Bankr. E.D. La.
Case No. 25-10403) on March 6, 2025, with up to $50,000 in assets
and between $100,001 and $500,000 in liabilities.
Judge Meredith S. Grabill oversees the case.
The Debtor tapped Sternberg, Naccari & White, LLC as legal counsel.
ROCKY MOUNTAIN: SVP of Operations Ryan McGrath to Resign July 3
---------------------------------------------------------------
Rocky Mountain Chocolate Factory, Inc. disclosed in a Form 8-K
Report filed with the U.S. Securities and Exchange Commission that
Ryan McGrath, SVP of Operations, notified the Company of his
intention to resign effective July 3, 2025.
Mr. McGrath's resignation is not the result of any disagreement
with the Company or the Company's Board of Directors on any matter
relating to the operations, policies or practices of the Company.
About Rocky Mountain Chocolate Factory
Durango, Colo.-based Rocky Mountain Chocolate Factory, Inc. is an
international franchisor, confectionery producer, and retail
operator. Founded in 1981, the Company produces an extensive line
of premium chocolate candies and other confectionery products.
New York, N.Y.-based CohnReznick LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
June 13, 2024, attached to the Company's Annual Report on Form 10-K
for the year ended February 29, 2024, citing that the Company has
incurred recurring losses and negative cash flows from operations
in recent years and is dependent on debt financing to fund its
operations, all of which raise substantial doubt about the
Company's ability to continue as a going concern.
RUNWAY TOWING: Plan Exclusivity Period Extended to November 25
--------------------------------------------------------------
Judge Nancy Hershey Lord of the U.S. Bankruptcy Court for the
Eastern District of New York extended Runway Towing Corp.'s
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to November 25, 2025 and January 24, 2026,
respectively.
As shared by Troubled Company Reporter, the Debtor has commenced a
lawsuit against the City of New York and other defendants due to
the City cancelling its tow license and it is seeking
$100,000,000.00 in damages and $50,000,000.00 for punitive
damages.
Litigation counsel for the lawsuit is Margolin & Pierce. That
lawsuit is in its early stages and the proceeds from that lawsuit
will be used to fund the Debtor's Plan of Reorganization. The
Debtor believes that it will prevail in the litigation.
The Debtor explains that the Debtor will not be able to file a plan
or fund the plan without the lawsuit proceeds.
Accordingly, the Debtor will need additional time to file a plan of
reorganization, and the purpose of this Motion is to extend the
Debtor's exclusivity period.
Runway Towing Corp. is represented by:
James H. Shenwick, Esq.
Shenwick & Associates
116 Plymouth Drive
Scarsdale, NY 10583
Telephone: (917) 363-3391
Email: jshenwick@gmail.com
About Runway Towing Corp.
Runway Towing Corp. filed Chapter 11 petition (Bankr. S.D.N.Y. Case
No. 25-11764) on Feb. 28, 2025, listing under $1 million in both
assets and liabilities.
James H. Shenwick, Esq., at Shenwick & Associates serves as the
Debtor's counsel.
S&S FOODS: Gets Interim OK to Use Cash Collateral
-------------------------------------------------
The U.S. Bankruptcy Court for the District of Massachusetts granted
S&S Foods, Inc. authorization to use cash collateral on an interim
basis to fund its business operations.
The company was authorized to use cash collateral, including cash
on hand and proceeds from accounts receivable in accordance with
its 13-week budget.
The budget projects total operational expenses of $683,541.
As protection, Olympus Lending, LLC, Paz Funding Source, LLC and
other secured creditors with valid, perfected, and unavoidable
liens as of the petition date will be granted post-petition
replacement liens.
The next hearing is scheduled for June 24.
About S&S Foods, Inc.
S&S Foods, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mas. Case No. 25-11148) with $0 to
$50,000 in assets and $0 to $50,000 in laibilities.
Judge Hon. Christopher J Panos oversees the case.
The Debtor is represented by:
John F. Sommerstein
Law Offices Of John F. Sommerstein
Tel: 617-523-7474
Email: jfsommer@aol.com
S&S HOLDINGS: Moody's Lowers CFR to B3 & Alters Outlook to Stable
-----------------------------------------------------------------
Moody's Ratings downgraded S&S Holdings, LLC's (S&S) ratings,
including its corporate family rating to B3 from B2, probability of
default rating to B3-PD from B2-PD, senior secured first lien term
loans and senior secured notes rating to B3 from B2, and senior
secured second lien term loan rating to Caa2 from Caa1. The outlook
was changed to stable from negative.
The downgrades reflect the company's revenue and EBITDA declines
(pro-forma for the aphabroder acquisition) over the past several
quarters and Moody's expectations for continued weakness in 2025.
Revenue and gross profit declines have been driven by lower
industry volumes, some market share losses and lower pricing. At
the same time, the integration of alphabroder has proceeded ahead
of plan, which will likely accelerate cost savings. In 2026,
Moody's projects revenue recovery and continued synergy
realization, leading to earnings growth. Moody's model
Moody's-adjusted debt/EBITDA in the low-7x range and EBITA/interest
expense of 1x in 2025, improving to low 6x and 1.2x in 2026.
RATINGS RATIONALE
S&S' B3 CFR is constrained by its high leverage and recent weakness
in operating performance. Moody's-adjusted debt/EBITDA pro-forma
for the full-year impact of the alphabroder acquisition was at 7.6x
as of March 31, 2025, up from 6.5x as of June 30, 2024. Operating
performance has been below expectations since the acquisition as
industry demand weakened and competitors gained market share.
Moody's do not expect a significant direct impact from higher
tariffs on the company's operations in the near term because S&S
has secured a significant portion of its 2025 inventory, its
private brands represent a small portion of sales, sourcing is
well-diversified, and vendors are likely to absorb a significant
portion of tariffs given the pass-through nature of the
distribution model. However, Moody's expects demand in both the
corporate and consumer segments to continue to decline as a result
of weaker consumer discretionary spending and decelerating economic
growth. Further, despite the alphabroder integration being ahead of
plan, the acquisition still carries risks due to its size and
strategic nature. S&S' credit profile is also constrained by the
company's operations in the niche and competitive blank apparel
distribution sector and high supplier concentration with its top
vendor. The rating also reflects governance considerations,
including financial strategies that have supported debt-financed
acquisitions.
S&S' credit profile is supported by the company's adequate
liquidity over the next 12-18 months. Moody's expects modestly
negative free cash flow in 2025 after mandatory term loan
amortization payments, reflecting significant working capital
benefits that offset high automation capital expenditures and
integration charges. However, liquidity benefits from good revolver
availability and lack of near-term maturities. For 2026, Moody's
expects cash flow to be modestly positive, driven by higher
earnings, normalized capital expenditures, and modest working
capital use. The credit profile is also supported by the company's
scale with roughly $3.8 billion in pro-forma revenue and a leading
position in the US imprintable apparel distribution market. While
credit metrics and cash flow currently incorporate significant
costs related to the integration, Moody's expects these costs to
decline in 2026, while the company will also benefit from a leaner
cost structure, distribution center automation and improved service
levels. In addition, S&S has low customer concentration and a broad
geographic footprint in North America that allows its product to
reach customers within one to two business days. The company
executed well on its growth plans following the 2021 leveraged
buyout (LBO) and has made significant investments in key staff,
salesforce, warehouse capacity, technology and automation.
The stable outlook reflects Moody's projections for adequate
liquidity and improving earnings performance.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The rating could be upgraded if earnings significantly improve and
free cash flow turns solidly positive. Quantitatively, the rating
could be upgraded if debt/EBITDA declines below 6x or
EBITA/interest expense improves to 1.75x.
The rating could be downgraded if EBITDA does not improve or if
liquidity weakens for any reason, including negative free cash flow
and significant revolver reliance. The ratings could also be
downgraded if vendor relationships deteriorate or if the
integration of alphabroder does not generate the expected earnings
growth and synergy realization. Quantitatively, the rating could be
downgraded if EBITA/interest expense is maintained below 1.0x.
Headquartered in Bolingbrook, Illinois, S&S is a specialty
distributor of imprintable apparel, including t-shirts, fleece,
athletic wear, outerwear, headwear, wovens and accessories.
Pro-forma for the alphabroder acquisition, revenue for the twelve
months ending March 31, 2025 was approximately $3.8 billion. The
company has been majority owned by affiliates of Clayton, Dubilier
& Rice since 2021.
The principal methodology used in these ratings was Distribution
and Supply Chain Services published in December 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
SAFE & GREEN: Signs LOI to Acquire Giant Containers for $3.5-Mil.
-----------------------------------------------------------------
Safe & Green Holdings Corp. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
entered into a non-binding Letter of Intent with Giant Group
America, Inc. to purchase 100% of the issued and outstanding
securities of Giant Containers Inc., for a purchase price of $3.5
million, entitling the Company to full and complete ownership of
Giant post-closing.
Giant Containers is a global developer of custom modular shipping
container structures, trusted by some of the world's most iconic
brands and institutions including Tesla, Nike, General Motors, and
Yale University. With years of experience serving the residential,
commercial, industrial, and government sectors, Giant Containers
has earned a reputation for award-winning, high-quality
craftsmanship, cutting-edge design, and sustainable construction
practices.
Giant currently has more than $6.8 million in active projects under
contract. As part of the transaction, Safe & Green will assume
these projects and client relationships, and will serve as the
primary manufacturing arm for these and future projects
post-closing.
Giant's pipeline of projects includes commercial, residential, and
industrial builds across North America, with clients such as Live
Nation, Houston Airport, and GCT Deltaport, among others.
The Purchase Price will be paid as follows:
* $1.75 million to be paid in certified funds at closing, and
* $1.75 million to be paid via delivery of a promissory note
which shall accrue interest at a rate of 5% per annum, and which
shall be paid over a period of 24 months post-closing in quarterly
installments of interest and principal.
The Letter of Intent provides that the parties will make their best
efforts to executive the definitive documents within 15 days of the
Effective Date, and to close the transaction on or before June 15,
2025.
The Letter of Intent further provides that Daniel Kroft, principal
of the Seller and of Giant, shall be hired by the Company
post-closing as the Company's Vice President of Business
Development with a one-year term, a base annual salary of $250,000,
eligibility for stock options customary for Company executives, and
restrictive covenants regarding non-competition and
non-solicitation customary for Company executives.
Safe & Green Chairman and CEO Mike McLaren commented, "This
strategic acquisition directly supports our mission to transform
critical infrastructure through modular, ESG-aligned solutions.
Giant brings a robust portfolio of current and upcoming projects, a
strong pipeline of repeat clients, and deep expertise in modular
construction. Additionally, bolstering our executive team with
Daniel Kroft with his industry experience and entrepreneurial
leadership will be instrumental in driving future growth as we
strengthen our commitment to building long-term shareholder
value."
The proposed acquisition remains subject to customary conditions,
including satisfactory due diligence, final negotiation and
execution of definitive agreements, board approvals, and any
necessary regulatory approvals. Final terms in the definitive
agreements are subject to change from the LOI.
About Safe & Green
Safe & Green Holdings Corp. is a modular solutions company
headquartered in Miami, Florida. The company specializes in the
development, design, and fabrication of modular structures,
focusing on safe and green solutions across various industries.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated Mar. 31, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has incurred net losses since its inception, negative working
capital, and negative cash flows from operations, which raises
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, the Company had $6,071,524 in total assets,
$18,531,832 in total liabilities, and a total stockholders' deficit
of $12,460,308.
SALON SUITES: Case Summary & Five Unsecured Creditors
-----------------------------------------------------
Debtor: Salon Suites Holding Inc.
1371 E 48th St
Brooklyn, NY 11234
Chapter 11 Petition Date: June 13, 2025
Court: United Stated Bankruptcy Court
Eastern District of New York
Case No.: 25-42883
Judge: Hon. Jil Mazer-Marino
Debtor's Counsel: Michael A. King, Esq.
MICHAEL E. KING, ESQ.
41 Schermerhorn Street, Suite 228
Brooklyn, NY 11201
Tel: 646-824-9710
Fax: 347-227-1266
E-mail: Romeo1860@aol.com
Total Assets: $935
Total Liabilities: $1,818,083
The petition was signed by Djenane Bartholomew as owner.
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/VWKSMFQ/SALON_SUITES_HOLDING_INC__nyebke-25-42883__0001.0.pdf?mcid=tGE4TAMA
SAMYS OC: Gets Extension to Access Cash Collateral
--------------------------------------------------
Samys OC, LLC received fourth interim approval from the U.S.
Bankruptcy Court for the District of Kansas to use cash
collateral.
The fourth interim order authorized the company to use cash
collateral to pay operating expenses set forth in its budget, with
a variance of 10%.
The company projects total operational expenses of $950,660.90 for
June.
As protection, secured creditors Dream First Bank and the U.S.
Small Business Administration were granted replacement liens on all
post-petition cash collateral and other property of the company to
the same extent and with the same priority as their pre-bankruptcy
liens.
As additional protection, Dream First Bank will receive a monthly
payment of $59,913.90.
The interim order provides for a carve-out of up to $125,000 for
attorney fees and expenses, and up to $25,000 for other
professional fees and disbursements.
A final hearing is scheduled for June 25.
About Samys OC LLC
Samys OC, LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. D. Kansas Case No. 24-11166) on
Nov. 14, 2024, listing up to $50,000 in assets and $10 million to
$50 million in liabilities. The petition was signed by Amro M. Samy
as managing member.
Judge Mitchell L Herren presides over the case.
Lora J. Smith, Esq., at Hinkle Law Firm is the Debtor's bankruptcy
counsel.
Dream First Bank, as secured creditor, is represented by:
Scott M. Hill, Esq.
Hite, Fanning & Honeyman, LLP
100 N. Broadway, Ste. 950
Wichita, KS 67202-2216
Telephone: (316) 265-7741
Facsimile: (316) 267-7803
hill@hitefanning.com
SANCTUARYSPA INC: Case Summary & 11 Unsecured Creditors
-------------------------------------------------------
Debtor: Sanctuaryspa Inc.
6487 E. PCH
Long Beach, CA 90803
Business Description: Sanctuary Spa is a boutique day spa in Long
Beach offering a range of services including
facials, massages, body treatments,
dermaplaning, chemical peels, and
DiamondGlow treatments. The spa customizes
services to individual needs and emphasizes
a holistic approach to skincare. It
operates in a tranquil setting designed to
promote wellness and relaxation.
Chapter 11 Petition Date: June 12, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-14964
Debtor's Counsel: Michael Jay Berger, Esq.
LAW OFFICES OF MICHAEL JAY BERGER
9454 Wilshire Boulevard, 6th Floor
Beverly Hills, CA 90212
Tel: (310) 271-6223
Fax: (310) 271-9805
E-mail: michael.berger@bankruptcypower.com
Total Assets: $50,397
Total Liabilities: $1,032,222
The petition was signed by Crista Rossi as chief executive
officer.
A full-text copy of the petition, which includes a list of the
Debtor's 11 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CPJPRMQ/Sanctuaryspa_Inc__cacbke-25-14964__0001.0.pdf?mcid=tGE4TAMA
SAZERAC CO: S&P Assigns 'BB-' Issuer Credit Rating, Outlook Stable
------------------------------------------------------------------
S&P Global Ratings assigned a 'BB-' issuer credit rating to
U.S.-based Sazerac Company Inc. and a 'BB-' issue-level rating to
its proposed term loan B. The recovery rating is '3', indicating
its expectations for meaningful (50%-70%; rounded estimate 60%)
recovery in the event of a payment default.
The stable outlook reflects S&P's expectation that Sazerac will
grow revenue by mid-single digits, while continuing to expand its
EBITDA margin by more than 130 basis points (bps) over the next
year, enabling it to reduce leverage below 5x.
The company has leading market shares in spirits and a diversified
brand portfolio, albeit less premium than peers in categories
outside whiskeys. Sazerac is the largest distiller in the U.S. and
third-largest in the world by volume, with a vast brand portfolio
that includes more than 525 spirits brands across whiskey, vodka,
tequila, ready to drink (RTD) and other spirits categories. Some of
the company's more notable brands are Fireball and Buffalo Trace.
The company recently acquired Svedka (the fourth-largest vodka
brand by volume in the U.S.) and Buzzballz (the fifth-largest RTD
brand by volume in the U.S. with ongoing share gains). Overall,
Sazerac has 30 of the top 100 whiskeys and vodkas by volume in the
U.S. More than 50% of the company's brands are value priced or at
the lower end of the premium price range, many of which the company
has been able to successfully leverage into lower price package
offerings, like single serve shooters, to grow sales faster than
the broader industry.
The company is highly acquisitive and actively pursuing market
share in different categories within the spirits and alcoholic
beverage sectors. The recent agreements to acquire Buzzballz and
Svedka represent its strategy to expand its leading market position
in brands with higher velocities and lower price points. Svedka
provides Sazerac with another market leading vodka and the
opportunity to position and distribute the vodka differently with
their in-house sales and marketing team. The Buzzballz acquisition
fills an immediate strategic gap in the RTD space, with the
sector's fastest growing RTD, surpassing leaders in the category
including High Noon (vodka seltzer) and Surfside (vodka tea). The
Buzzballz acquisition should add over $150 million of annualized
EBITDA, while Svedka should add around $40 million, with further
revenue and synergy opportunities for Sazerac to realize.
S&P said, "Pro forma leverage is high but we project it will
improve. We estimate pro forma S&P Global Ratings-adjusted leverage
will be around 5.2x at close of the transaction and fall closer to
4.5x by fiscal-year-end 2026 (ending June 30, 2025) as margins and
free operating cash flow (FOCF) improve. Fiscal 2025 operating cash
flows were negligible primarily because of one-time compensation
expense for its retiring CEO. Without those payments reoccurring in
fiscal 2026, we expect the company will generate more than $100
million in FOCF. Future FOCF should continue to grow as the company
improves its fixed cost absorption and tightly manages its working
capital to partially offset outflows for future aged liquid
inventories."
Sazerac's portfolio is well positioned to benefit from industry
trends in the alcoholic beverage sector. The broader spirits market
should maintain a low- to mid-single-digit category growth profile,
with RTD offerings growing faster. Moreover, the decline in beer
consumption and the under-penetration of spirits in U.S. households
offer Sazerac's brand portfolio additional room to grow
domestically. There is also opportunity for Sazerac to bring its
premium bourbon portfolio to the EU and other markets, where the
spirit is underserved despite the presence of other whiskeys.
Customer concentration is minimal under the company's new
distribution strategy. Sazerac's new route market strategy
introduced in 2023 is not overly concentrated, given that no single
distributor accounts for more than about 10% of Sazerac's
distribution. This has allowed Sazerac to take full control of
merchandising and marketing where it has demonstrated a proven
track record of penetration and brand revival as seen most recently
with its ability to grow Southern Comfort year over year following
its acquisition
Ongoing dividends and future payment for Buzzballz deferred
purchase obligation will mute more meaningful deleveraging, while
acquisition risk could further pressure leverage. Sazerac pays
distributions to members of the owning family for estate planning
purposes. Following the Buzzballz acquisition, the company now has
material amortization payments over the next several years to
satisfy its deferred purchase obligation. S&P said, "Because of
these distributions and payments, we are not projecting the company
to repay debt over the next two to three years (beyond mandatory
amortization). Moreover, given Sazerac's acquisitive history, the
risk of future debt-funded mergers and acquisitions (M&A) could add
to leverage. Therefore, ratings upside will likely be limited well
beyond a year to assess the degree to which the company sustains
our projected lower leverage."
S&P said, "The stable outlook reflects our expectation that Sazerac
will grow revenue by mid-single digits and continue to moderately
expand EBITDA margins through 2027. This should enable the company
to reduce leverage below 5x over the next year.
"We could lower our ratings if Sazerac sustains S&P Global Ratings
-adjusted leverage above 5x and the company faces challenges
integrating both the acquisitions." This could occur if the
company:
-- Faces significant macroeconomic pressure, possibly including a
prolonged slowdown in consumer spending in the spirits and
alcoholic beverage categories;
-- The company's brands fall out of favor with consumers, leading
to persistently weak volumes and declining margins.
-- Undertakes further debt-funded M&A.
Although not likely over the next 12 to 18 months, S&P could take a
positive rating action if Sazerac reduces and sustains leverage
below 5x. This could occur if the company:
-- Successfully integrates Svedka and Buzzballz, while continuing
to grow sales for both brands.
-- Improves its FOCF so that it can continue to fund its capital
allocation priorities without external financing.
-- Does not demonstrate an ongoing track record of pursuing debt
financed acquisitions that precludes them from sustaining leverage
in line with S&P's projections.
SCOOPIE LLC: Seeks to Hire Cooper & Scully as Counsel
-----------------------------------------------------
The Scoopie, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to employ Cooper & Scully, PC as
legal counsel.
The firms will render these services:
(a) prepare and file schedules and a statement of financial
affairs;
(b) negotiate with creditors and handle routine motions such
as motions for relief from stay, cash collateral motions and the
myriad of bankruptcy motions that will be filed in this case;
(c) file objections to claims, if necessary;
(d) perform legal work necessary to sell property of the
estate;
(e) draft, file and prosecute adversary proceedings necessary
to determine the extent, validity and priority of liens;
(f) draft, file and prosecute avoidance actions if necessary;
(g) draft, file and prosecute adversary proceedings, motions
and contested pleadings as necessary;
(h) prepare and file a Plan and Disclosure Statement;
(i) conduct discovery that is required for the completion of
the case or any matter associated with the case;
(j) perform all legal matters that are necessary for the
completion of the case; and
(k) perform miscellaneous legal duties to complete the
bankruptcy case.
The firm will be paid at these rates:
Julie Koenig, Attorney $450 per hour
Paralegal $125 per hour
The firm received from the Debtor the amount of $2,000 as retainer,
and $1,738 for filing fee.
Ms. Koenig 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:
Julie Koenig, Esq.
Cooper & Scully, P.C.
900 Jackson St Ste 100
Dallas, TX 75202
Tel: (214) 712-9500
About The Scoopie, LLC
The Scoopie, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-32929) on May 28,
2025. In the petition signed by Jarred Allen, chief executive
officer, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Eduardo V. Rodriguez oversees the case.
Julie M. Koenig, Esq., at Cooper & Scully, PC, represents the
Debtor as legal counsel.
SEXTANT STAYS: Hires Edelboim Lieberman PLLC as Counsel
-------------------------------------------------------
Sextant Stays, Inc. d/b/a Roami seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to employ
Edelboim Lieberman PLLC as counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties in
the continued management and operation of its business and
properties;
(b) attend meetings and negotiate with representatives of
creditors and other parties-in-interest and advise and consult on
the conduct of the case;
(c) advise the Debtor in connection with post-petition
financing arrangements and draft documents relating thereto;
(d) take all necessary action to protect and preserve the
Debtor's estate;
(e) prepare on behalf of the Debtor all legal papers necessary
to the administration of the estate;
(f) negotiate and prepare on the Debtor's behalf a plan of
reorganization, disclosure statements and all related agreements
and/or documents, and take any necessary action on behalf of the
Debtor to obtain confirmation of such plan;
(g) attend meetings with third parties and participate in
negotiations with respect to the above matters;
(h) appear before this court, any appellate courts, and the
U.S. Trustee, and protect the interests of the Debtor's estate
before such courts and the U.S. Trustee; and
(i) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with this
Chapter 11 case.
The firm will be paid as follows:
Brett Lieberman, Esq. $625 per hour
Mordan B. Edelboim, Esq. $625 per hour
Attorneys $300 - $625 per hour
Legal Assistants $260 per hour
Paralegals $260 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Since the commencement of the engagement through May 2025, the firm
has issued monthly invoices1 to Debtor in the total aggregate
amount of $73,823.65. On or about May 20, 2025, the Debtor executed
a supplemental engagement agreement with the firm in connection
with its bankruptcy case. On or about May 20, 2025, the firm
received an additional $100,000 from the Debtor for services to be
rendered both pre-filing and post-filing of the bankruptcy.
Morgan Edelboim, Esq., a partner at Edelboim, 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:
Morgan Edelboim, Esq.
Edelboim Lieberman Revah PLLC
20200 W. Dixie Highway, Suite 905
Aventura, FL 33180
Tel: (305) 768-9909
Fax: (305) 928-1114
Email: morgan@elrolaw.com
About Sextant Stays, Inc. d/b/a Roami
Sextant Stays, Inc., doing business as Roami, is a hospitality
company that offers urban group travel accommodations in cities
such as Miami and New Orleans. Founded in 2016, the company manages
entire buildings to provide consistent, design-forward spaces aimed
at delivering memorable and connected travel experiences. Sextant
Stays' approach bridges the gap between traditional hotels and
inconsistent vacation rentals, catering to modern travelers seeking
comfort, reliability, and style.
Sextant Stays sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15908) on May 27,
2025, listing $5,033,274 in assets and $15,895,759 in liabilities.
Andreas King-Geovanis, chief executive officer of Sextant Stays,
signed the petition.
Judge Robert A. Mark oversees the case.
Brett Lieberman, Esq., at Edelboim Lieberman, PLLC represents the
Debtor as legal counsel.
SHARPLINK GAMING: Alpha Capital Cuts Stake to 0.004%
----------------------------------------------------
Alpha Capital Anstalt disclosed in a Schedule 13G (Amendment No. 1)
filed with the U.S. Securities and Exchange Commission that as of
May 30, 2025, it beneficially owned 284,550 shares of common stock
of Sharplink Gaming Inc., representing 0.004% of the company's
69,764,811 shares outstanding as of that date. The shares are held
with sole voting and dispositive power.
Alpha Capital Anstalt may be reached through:
Konrad Ackermann, Director
Altenbach 8, FL-9490 Vaduz, Liechtenstein
Tel: 011-423-2323195
A full-text copy of Alpha Capital's SEC report is available at:
https://tinyurl.com/2s3tz5dj
About SharpLink Gaming
SharpLink Gaming, Inc., operates as a marketing partner to
sportsbooks and online casino gaming operators globally. SharpLink
Gaming operates as a marketing partner to sportsbooks and online
casino gaming operators globally. Based in Minneapolis, Minnesota,
the Company operates PAS.net, an affiliate marketing network that
facilitates player acquisition and engagement for regulated iGaming
operators. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences.
Cherry Bekaert LLP, the Company's auditor since 2022, included a
"going concern" qualification in its audit report on the 2024
annual results. The firm cited recurring losses and negative
operating cash flows as factors that raise substantial doubt about
the Company's ability to continue operating.
The Company has a track record of net losses and noted that it may
be unable to achieve or sustain profitability going forward. The
Company experienced net income of $10,099,619 for the year ending
Dec. 31, 2024, compared to a net loss of $14,243,182 for the years
ended Dec. 31, 2023. As of Dec. 31, 2024, the Company had an
accumulated deficit of $(77,808,959).
SILVER AIRWAYS: Shuts Operations, Argentum Buys Assets
------------------------------------------------------
Silver Airways, LLC, abruptly shut flight operations and is
completing a sale of its assets to Argentum Acquisition Co., LLC.
Argentum emerged as the winning bidder for the assets with an offer
of $5,755,000 in cash plus additional amounts and the assumption of
certain liabilities. The Debtor scheduled an auction but no other
party submitted a qualified bid.
"We regret to inform you that we are ceasing operations as of
today, June 11, 2025. In an attempt to restructure in bankruptcy,
Silver entered into a transaction to sell its assets to another
airline holding company, who unfortunately has determined to not
continue Silver's flight operations in Florida, the Bahamas and the
Caribbean," Silver informed customers via an Instagram post.
"Please do not go to the airport. All credit card purchases should
be refunded through your credit card company or your travel
agency."
A sale hearing before Judge Peter Russin was conducted on June 4,
10 and 11, and another is scheduled for June 24, as the final
iterations of the proposed sale order and asset purchase agreement
have yet to be signed due to unresolved issues with the unions and
the purchaser.
Argentum says it has not agreed to pay certain of the
administrative expenses sought by the Debtor and it is not
requesting that the Debtor stay in place in Chapter 11.
The buyer says wants to remove the provision that provides that
"Purchaser shall pay all administrative expenses incurred by
Seller, including United States Trustee fees, professional fees,
and ordinary course expenses incurred by the estate for the period
commencing June 11, 2025 and ending on the date the Purchaser
informs Seller it no longer requires Seller to remain a chapter 11
debtor."
Meanwhile, the Association Of Flight Attendants-CWA and
International Brotherhood of Teamsters, Local Union No. 1224 (IBT
Local 1224) and the International Brotherhood of Teamsters-Airline
Division (IBT-AD), which represents Silver Airways' flight
attendants of the pilots, says the Debtor has failed to comply with
key procedural and substantive obligations under the applicable
collective bargaining agreements. IBT says the pilots and flight
attendants are represented by unions, are on seniority lists, and
have pre-existing CBAs that the purchaser is legally required to
recognize and honor. IBT says the sale documents fail to
acknowledge that the CBAs are binding upon Argentum as a "successor
employer", and the unions cannot at this time meaningfully evaluate
whether the "CBAs are being assumed, rejected, or improperly
ignored."
The purchaser counters that it is not responsible for the payment
of the Debtor's obligations as demanded by the unions, nor will it
acknowledge and agree that it is a successor employer under the
CBA.
Argentum has outlined modifications to the proposed sale order to
provide that: "The Purchaser will acquire the assets of the Seller
to operate the business of Seller and to the extent practicable
Purchaser will continue as an airline, but Purchaser is not a
successor of the Seller nor its estate, there is no continuity or
continuity of enterprise between the Purchaser and the Seller, and
there is no common identity between the Seller and the Purchaser."
All assets of Seaborne, and the equity interests in Seaborne owned
by Silver, are excluded from the Silver sale transaction.
The deal with Argentum does not include the leases for aircraft,
and equipment leased from Jetstream Aviation Capital, LLC and
Azorra Eagle entities.
The asset purchase agreement identifies Wexford Capital Senior Vice
President Wayne Heller as Argentum's CEO. According to his
LinkedIn profile, Mr. Heller is also president and CEO of
Alaska-based Aleutian Airways, and Jacksonville, Florida-based
Sterling Airways. He was executive vice president and COO of
Republic Airways Holdings from 1999 to 2015.
Counsel to buyer Argentum:
Michael A. Shiner, Esq.
Tucker Arensberg, P.C.
One PPG Place, Suite 1500
Pittsburgh, PA 15222
About Silver Airways
Silver Airways, LLC is a regional U.S. airline operating flights
between gateways in Florida, the Southeast and The Bahamas. The
Silver Airways fleet is comprised of modern, state of the art
aircraft with reliable, fuel-efficient turbo-prop engines.
In the summer of 2018, Silver completed the acquisition of Seaborne
Airlines, a San Juan, Puerto Rico-based air carrier serving
destinations throughout Puerto Rico, the U.S. Virgin Islands, and
other countries in the Caribbean. Seaborne provides connections
throughout the Caribbean via the carrier's hub in San Juan, while
also serving as the most critical link between St. Croix and St.
Thomas with the carrier's seaplane operation.
Silver Airways and Seaborne Virgin Islands, Inc. filed Chapter 11
petitions (Bankr. S.D. Fla. Lead Case No. 24-23623) on Dec. 30,
2024. At the time of the filing, Silver Airways reported $100
million to $500 million in assets and liabilities while Seaborne
reported $1 million to $10 million in assets and liabilities.
Judge Peter D. Russin oversees the cases.
Brian P. Hall, Esq., is the Debtors' legal counsel.
Brigade Agency Services, LLC, as lender, is represented by Frank P.
Terzo, Esq., at Nelson Mullins Riley & Scarborough, LLP.
Argent Funding LLC and Volant SVI Funding LLC, as lenders, are
represented by Regina Stango Kelbon, Esq. at Blank Rome, LLP.
Lawyers at Tucker Arensberg, P.C. represent Argentum Acquisition
Co., LLC, emerged as the winning bidder for the airline's assets
with an offer of $5,755,000 in cash plus additional amounts and the
assumption of certain liabilities.
SKYSKOPES INC: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: SkySkopes, Inc.
1628 W. Williams Drive
Phoenix, AZ 85027
Business Description: SkySkopes Inc. provides aviation and
geospatial services to clients in the oil
and gas, infrastructure, electric utility,
and geospatial sectors. The Company
operates a fleet of drones, helicopters, and
fixed-wing aircraft, and offers data-driven
solutions through a team of industry
professionals.
Chapter 11 Petition Date: June 13, 2025
Court: United States Bankruptcy Court
District of Arizona
Case No.: 25-05420
Judge: Hon. Daniel P Collins
Debtor's Counsel: Randy Nussbaum, Esq.
CAVANAGH LAW FIRM
1850 North Central Avenue
Suite 1900
Phoenix, AZ 85004
Tel: 602-322-4000
E-mail: rnussbaum@cavanaghlaw.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
Dan Daffinrud signed the petition as treasurer and secretary.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/MMVJTWY/SKYSKOPES_INC__azbke-25-05420__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Advanced Helicopter Services Services $75,127
17986 County Road 94B Provided
Woodland, CA 95695
Dayhanna Dera
Email: ddera@advheli.com
Phone: 530-669-7115 ext 224
2. Armada Systems Inc. Vendor $56,810
11 Funston Ave. Ste A
San Francisco, CA 94129
Sam Picarro
Email: spicarro@armada.aid
Phone: 415-727-6147
3. BAGZ Consulting LLC Fees $100,000
9545 Via Del Sol Caliente
Tucson, AZ 85748
Irene Binuya
Email: irene@bagzconsulting.com
Phone: 424-644-9607
4. BlueCross BlueShield of North Premiums $108,522
Dakota
4510 13th Avenue South
Fargo, ND 58121
Jolene Groninger
Email: jolene.groninger@bcbsnd.com
Phone: 701-858-5015
5. Capital Assist LLC Loan $70,030
2 Executive Blvd,
Ste 305
Suffern, NY 10901
Isaac H. Greenfield Esq.
Phone: 718-564-6268
6. CFG Merchant Solutions Loan $539,596
180 Maiden Lane,
15th Floor
New York, NY 10038
Joe Huguenot
Email: jhuguenot@cfgms.com
Phone: 646-880-6762
7. Clearfund Solutions Loan $219,312
99 Wall Street
New York, NY 10005
Jack
Email: support@clearfund.com
Phone: 646-809-4146
8. Core Funding Source LLC Loan $109,596
49 Front St., Suite 6
Rockville Centre, NY 11570
Email: info@corefundingsource.com
Phone: 323-760-9590
9. English Air Service Services $56,843
3409 Corsair Circle Provided
Santa Maria, CA 93455
Taylor English
Email: taylor@flyeasaero.com
Phone: 805-478-4598
10. ESRI Inc Fees $56,843
380 New York St
Redlands, CA 92373
Anne Linane Mann
Email: amann@esri.com
Phone: 888-377-4575 ext133
11. Hexagon Helicopters Inc Services $104,220
P.O. Box 696 Provided
Elkhorn, NE 68022
Email: hexagonhelicopters@gmail.com
Phone: 402-885-0189
12. McCraken Alliance Services $301,678
Partners LLC Provided
7440 Calm Springs Drive
Flowery Branch, GA 30542
Marilyn Owen
Email: marilyn.owen@mapcfo.com
Phone: 770-965-2581
13. Meged Funding Group Loan $168,283
1 Princeton Ave
Brick, NJ 08724
Moshe Lud
Email: Moshe@megedfunding.com
Phone: 929-551-0831
14. Network Center Inc Services $80,661
3487 University Provided
Drive S
Fargo, ND 58104
Brad Gorder
Email: brad.gorder@netcenter.net
Phone: 800-723-5353
15. River Capital Partners LLC Loan $186,083
36 Airport Rd
WA 98701
Eli
Email: notices@riveradvance.com
Phone: 845-376-0994
16. Rommel & Alderman Services $363,880
Consulting LLC Provided
4100 W. Alameda
Ave., Suite 300
Burbank, CA 91505
Eric Alderman
Email: ealderman@raconsultingllc.com
Phone: 319-830-6628
17. Southside Apartments Ltd Rent $135,622
12100 Wilshire Blvd
#1400
Los Angeles, CA 90025
Richard Tell
Email: rtell@suite1400.com
Phone: 310-254-3027
18. Three V Technologies Inc Services $112,172
524 N. San Vicente Blvd Provided
Los Angeles, CA 90048
Donald Brady
Email: donaldb@threev.ai
Phone: 260-632-7239
19. Tuck Mapping Solutions Inc Services $69,553
4632 Aerial Way Provided
Big Stone Gap, VA 24219
Brandi McAfee
Email: bmcafee@tuckmapping.com
Phone: 276-523-4669
20. Vertex Unmanned Services $91,398
14212 23rd Avenue Provided
Minneapolis, MN 55447
Paula Noess
Email: paula@vertexunmanned.com
Phone: 612-900-3440
SMALL FORTUNE: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Small Fortune Hunter, LLC received third interim approval from the
U.S. Bankruptcy Court for the Eastern District of North Carolina to
use cash collateral.
The order penned by Judge David Warren authorized the company's
interim use of cash collateral to pay the expenses set forth in its
30-day budget, which covers the period June 1 to 30.
The budget projects total operational expenses of $77,612.33 for
June.
BayFirst National Bank, BriteCap, WebBank and The LCF Group are the
company's creditors that may assert a lien on the cash collateral.
As protection, secured creditors will be granted a lien on
post-petition revenue and other assets of the company to the same
extent and with the same priority as their pre-bankruptcy lien.
The next hearing is set for July 1.
BayFirst National Bank is represented by:
Phillip M. Fajgenbaum, Esq.
Parker Poe Adams & Bernstein, LLP
620 South Tryon Street, Suite 800
Charlotte, NC 28202
Telephone: (704) 372-9000
phillipfajgenbaum@parkerpoe.com
About Small Fortune Hunter
Small Fortune Hunter, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-01203) on April
1, 2025, listing up to $50,000 in assets and up to $500,000 in
liabilities. Michael Seighman, member-manager of Small Fortune
Hunter, signed the petition.
Judge David M. Warren oversees the case.
The Debtor is represented by Philip Sasser, Esq., at Sasser Law
Firm.
SOLANO HOME: Case Summary & Four Unsecured Creditors
----------------------------------------------------
Debtor: Solano Home Solutions, LLC
28102 Thornton Road
Thornton, CA 95686
Business Description: Solano Home Solutions, LLC is a real estate
company classified as a single-asset real
estate Debtor.
Chapter 11 Petition Date: June 12, 2025
Court: United States Bankruptcy Court
Eastern District of California
Case No.: 25-22931
Judge: Hon. Christopher D. Jaime
Debtor's Counsel: Peter G. Macaluso, Esq.
LAW OFFICE OF PETER G. MACALUSO
7230 South Land Park Drive #127
Sacramento, CA 95831
Tel: 916-392-6591
Fax: 916-392-6590
E-mail: info@pmbankruptcy.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Caroline Marie Hegarty as managing
member.
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/3PF5SGQ/Solano_Home_Solutions_LLC__caebke-25-22931__0001.0.pdf?mcid=tGE4TAMA
SOLUNA HOLDINGS: Registers 5.2M Shares Under Stock Incentive Plans
------------------------------------------------------------------
Soluna Holdings, Inc. filed a Registration Statement with the U.S.
Securities and Exchange Commission Pursuant to General Instruction
E to Form S-8 under the Securities Act of 1933, as amended for the
purpose of registering additional shares of the Company's common
stock, par value $0.001 per share, issuable under the Soluna
Holdings, Inc. Third Amended and Restated 2021 Stock Incentive
Plan, as amended (f/k/a Mechanical Technology, Incorporated 2021
Stock Incentive Plan), and the Soluna Holdings, Inc. Amended and
Restated 2023 Stock Incentive Plan, as amended.
Subject to certain adjustments, beginning on January 1, 2025, and
continuing through June 30, 2027, the maximum number of shares of
Common Stock available for issuance under the 2021 Plan represents
22.75% of the number of shares of Common Stock outstanding on the
first trading day of each quarter (the "2021 Limitation of Grant
Provision") and, beginning on July 1, 2023, the maximum number of
shares of Common Stock available for issuance under the 2023 Plan
represents 23.75% of the number of shares of Common Stock
outstanding on the first trading day of such quarter (the "2023
Limitation of Grant Provision"). This Registration Statement
registers:
(i) 2,606,077 additional shares of Common Stock available for
issuance under the 2021 Plan pursuant to the 2021 Limitation of
Grant Provision, based upon the total number of shares of Common
Stock outstanding on April 1, 2025, and
(ii) 2,583,592 additional shares of Common Stock available for
issuance under the 2023 Plan pursuant to the 2023 Limitation of
Grant Provision, based upon the total number of shares of Common
Stock outstanding on April 1, 2025.
The shares of Common Stock registered pursuant to this Registration
Statement are of the same class of securities as the:
(i) 99,367 shares of Common Stock, as adjusted for the
1-for-25 reverse stock split effective as of October 16, 2023,
registered for issuance under the 2021 Plan, pursuant to the
currently effective Registration Statement on Form S-8
(Registration No. 333-260614) filed on October 29, 2021, and
(ii) 978,155 shares of Common Stock registered for issuance
under the 2021 Plan and 1,312,356 shares of Common Stock registered
for issuance under the 2023 Plan, pursuant to the currently
effective Registration Statement on Form S-8 (Registration No.
333-277067) filed on February 14, 2024.
The information contained in the Company's Registration Statements
on Form S-8 (Registration Nos. 333-260614 and 333-277067) are
hereby incorporated by reference pursuant to General Instruction E.
Any items in the Company's Registration Statements on Form S-8
(Registration Nos. 333-260614 and 333-277067) not expressly changed
hereby shall be as set forth in the Company's Registration
Statements on Form S-8 (Registration Nos. 333-260614 and
333-277067).
A full-text copy of the Registration Statement is available at
https://tinyurl.com/38885spj
About Soluna Holdings
Headquartered in Albany, N.Y., Soluna Holdings, Inc. designs,
develops, and operates digital infrastructure that transforms
surplus renewable energy into global computing resources. The
Company's modular data centers can be co-located with wind, solar,
or hydroelectric power plants and support compute-intensive
applications, including Bitcoin mining, generative AI, and
scientific computing. This approach aids in energizing a greener
grid while providing cost-effective and sustainable computing
solutions.
Albany, N.Y.-based UHY LLP, the Company's auditor since 2021,
issued a “going concern” qualification in its report dated Mar.
31, 2025, attached in the Company's Annual Report on Form 10-K for
the year ended Dec. 31, 2024, citing that the Company was in a net
loss, has negative working capital, and has significant outstanding
debt that raise substantial doubt about its ability to continue as
a going concern.
As of June 30, 2024, Soluna Holdings had $98.68 million in total
assets, $48.74 million in total liabilities, and $49.93 million in
total equity.
SPHERE 3D: All Proposals OK'd at Annual and Special Meeting
-----------------------------------------------------------
Sphere 3D Corp. held an Annual and Special Meeting of Shareholders.
Of the 26,178,282 shares of the Company's common shares outstanding
as of the record date, 11,102,646 shares or approximately 42%, were
represented at the Meeting, constituting a quorum present at the
Meeting. The shareholders considered four proposals at the Meeting,
each of which is described in more detail in the Company's
definitive proxy statement filed with the Securities and Exchange
Commission on April 17, 2025. The proposals include:
1. Election of Directors
On a vote taken regarding the election of directors, it was
declared that the shareholders approved a resolution to elect
Timothy Hanley, Susan Harnett, and Duncan J. McEwan as directors of
Sphere 3D Corp. for the ensuing year or until their successors are
duly elected or appointed.
2. Ratification of the Selection of Auditors
On a vote taken regarding the ratification of the selection of
auditors, it was declared that the shareholders approved a
resolution to appoint MaloneBailey LLP as auditors of Sphere 3D
Corp.
3. Approval of the 2025 Stock Plan
On a vote taken regarding approval of the 2025 Performance
Incentive Plan, it was declared that the shareholders approved a
resolution to approve the 2025 Performance Incentive Plan.
4. Approval of Share Consolidation
On a vote taken regarding a consolidation of the common shares of
the Company, it was declared that the shareholders approved a
special resolution to amend the Articles of the Company to
potentially consolidate the Company's common shares.
About Sphere 3D
Sphere 3D Corp. (Nasdaq: ANY) is a cryptocurrency miner, growing
its industrial-scale digital asset mining operation through the
capital-efficient procurement of next-generation mining equipment
and partnering with best-in-class data center operators. Sphere 3D
is dedicated to increasing shareholder value while honoring its
commitment to strict environmental, social, and governance
standards. For more information about the Company, please visit
Sphere3D.com.
In its report dated March 28, 2025, the Company's auditor
MaloneBailey, LLP, issued a "going concern" qualification citing
that the Company has suffered recurring losses from operations and
does not expect to have sufficient cash on hand to fund its
operations that raises substantial doubt about its ability to
continue as a going concern.
SPLAT SUPER: Moody's Assigns 'B3' CFR, Outlook Stable
-----------------------------------------------------
Moody's Ratings assigned to SPLAT Super HoldCo, LLC (SPLAT) a B3
corporate family rating and a B3-PD probability of default rating.
Moody's also assigned a B3 rating to SPLAT's $425 million senior
secured first lien term loan, $175 million senior secured first
lien revolving credit facility and $80 million senior secured first
lien delayed draw term loan. The outlook is stable. Ratings are
subject to review of final documentation.
Proceeds from the proposed $425 million term loan along with equity
contribution will be used to finance the acquisition of Sizzling
Platter, LLC (Sizzling Platter) by Bain Capital and to add $47
million of cash to the balance sheet. Moody's expects the remainder
to be financed with secured debt. The transaction also includes a
$175 million revolving credit facility and a $80 million delayed
draw term loan, both of which are expected to be undrawn at the
closing of the transaction. Pro forma debt/EBITDA is 6.2x and
EBITA/interest expense is 1.2x as of April 2025. The ratings of
Sizzling Platter, LLC, will be withdrawn upon transaction close and
repayment of existing outstanding debt.
RATINGS RATIONALE
SPLAT's B3 CFR reflects governance considerations particularly its
high pro forma leverage and weak interest coverage following the
close of its leveraged buyout by Bain. The CFR also reflects its
modest scale with 826 restaurants, concentration in a single brand
with Little Caesar's representing approximately 57% of its
locations and modest geographic concentration. Moody's views
positively the company's focus on value offerings across multiple
day parts which is expected to drive steady demand from
cost-conscious consumers and the strong brand recognition of its
franchised brands that includes Little Caesar's, Wingstop, Jamba,
Dunkin' and Jersey Mikes. As such, Moody's expects revenue and
EBITDA growth over the next 12-18 months from contribution from new
units, modest same store sales growth and increased cost
efficiencies from its larger scale. Moody's forecasts an
improvement in leverage to the low 5x range and EBITA/interest to
improve modestly to 1.5x because of the high debt service
obligations. However, SPLAT is operating in a macro environment
that is challenging, including weak foot traffic across the
industry, inflation-weary customers and weak consumer confidence.
The company also faces volatility in commodity costs and labor, all
of which present risks to Moody's growth forecast. Lastly, the
transaction improves SPLAT's liquidity supported by an undrawn $175
million revolver and $47 million of pro forma cash on the balance
sheet.
The stable outlook reflects Moody's expectations that SPLAT's
credit metrics will improve over the next 12-18 months and that it
will maintain adequate liquidity.
Moody's assigned a CIS-4 to SPLAT Super HoldCo, LLC. This indicates
that the rating is lower than it would have been if ESG exposures
did not exist. This reflects SPLAT's private equity ownership with
aggressive financial policies including a tolerance for elevated
leverage and a board composition that is comprised of predominantly
insiders.
Marketing terms for the new credit facility include the following
(final terms may differ materially):
Incremental pari passu debt capacity up to the greater of $165.4
million and 100% of pro forma consolidated EBITDA, plus unlimited
amounts subject to 5.50x first lien net leverage ratio. There is
an inside maturity sublimit up to the greater of $165.4 million and
100% of consolidated EBITDA.
Additional debt up to the greater of 40% of Financing EBITDA and a
corresponding amount of consolidated EBITDA can be guaranteed or
incurred by non-loan parties or secured by non-collateral as
Designated Alternative Security Debt.
A "blocker" provision restricts any investments of material
intellectual property in unrestricted subsidiaries. The credit
agreement is expected to include "Serta" protection. Amounts up to
100% of unused capacity from the Available RP Capacity Debt Basket,
plus 200% of the Available Additional Basket may be reallocated to
incur debt.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade would require continued healthy operating performance,
debt/EBITDA sustained below 5.5x and EBITA/interest expense
sustained above 1.75x. An upgrade would also require a balanced
financial policy that supports stronger credit metrics, good
liquidity and positive free cash flow.
A downgrade could occur if performance deteriorates such that
debt/EBITDA were sustained above 6.75x or EBITA/interest expense
sustained below 1.25x. Other factors for a downgrade also include
aggressive financial policies that favor shareholders such as
debt-financed dividends or if free cash flow turns negative.
Headquartered in Murray, Utah, Sizzling Platter, LLC owns and
operates 471 Little Caesars, 89 Jambas, 187 Wingstop, 32 Dunkin', 7
Sizzler's Steak House, 5 Red Robin Gourmet Burgers, 2 Cinnabon and
33 Jersey Mike's franchised restaurants as of April 20, 2025.
Revenue for the twelve month period ended April 2025 was $1.15
billion. Following the close of the transaction, Sizzling Platter,
LLC will be a wholly owned subsidiary of BCPE Flavor Issuer, Inc.,
which is a wholly owned subsidiary of SPLAT Super HoldCo, LLC.
The principal methodology used in these ratings was Restaurants
published in August 2021.
SURVWEST LLC: Seeks Cash Collateral Access Until Oct. 5
-------------------------------------------------------
Ken Yager, the Chapter 11 Trustee of Survwest, LLC, asked the U.S.
Bankruptcy Court for the District of Colorado for authority to use
cash collateral.
Specifically, the Trustee intends to use cash collateral through
October 5 under previously approved terms -- modified slightly in
accordance with its proposed amended final order and updated
budget.
The Trustee recounted the procedural background, beginning with
SurvWest, LLC's Chapter 11 bankruptcy petition filed on September
5, 2024. Since then, the court entered a series of interim cash
collateral orders between September and December 2024 to allow the
debtor limited use of its funds for operations. On December 11,
2024, the debtor filed a motion to approve a formal Cash Collateral
Agreement with two of its primary secured creditors: TBK Bank, SSB
and the U.S. Small Business Administration. The agreement outlined
terms for the use of cash collateral and proposed adequate
protection for the secured creditors. The court approved this
agreement on January 6.
On March 29, the Trustee filed a motion seeking interim use of cash
collateral and a final hearing date. The court granted this motion
on April 30, setting a final hearing for May 29, and requiring
submission of a revised budget by May 12. The Trustee complied with
this deadline, and no objections to the proposed budget were filed
by the May 23 deadline.
As of June 5, counsel for the Trustee had communicated with both
TBK Bank and the SBA. The SBA confirmed it does not object to the
amended final order. TBK Bank's position had not yet been
communicated, so the Trustee filed the motion with the expectation
of submitting a supplement to note TBK Bank's stance once received.
Because of this, the motion was not filed as "agreed," though it is
timely under the court's directive.
The Trustee's proposed amended final order allows continued use of
cash collateral in line with the existing agreement with the SBA
and TBK Bank, while also reflecting the updated operational needs
and budget through October 5. It further sought authorization to
extend the use of cash collateral beyond that date, contingent on
either written consent from the lenders or further court approval.
Additionally, the secured creditors will continue to receive
adequate protection to safeguard their interests during the use of
their collateral.
TBK Bank is represented by:
Duncan E. Barber, Esq.
Otteson Shapiro, LLP
7979 E. Tufts Avenue, Suite 1600
Denver, CO 80237
Tel: (720) 488-0220
Fax: (720) 488-7711
dbarber@os.law
About SurvWest LLC
SurvWest LLC, formerly known as SurvTech Solutions LLC, is a
diversified engineering firm specializing in surveying and mapping;
subsurface utility engineering (SUE); and utility coordination for
clients across the United States.
SurvWest filed Chapter 11 petition (Bankr. D. Colo. Case No.
24-15214) on September 6, 2024, with total assets of $7,301,456 and
total liabilities of $9,447,402. Mathew Barr, president of
SurvWest, signed the petition.
Judge Thomas B. Mcnamara handles the case.
The Debtor is represented by David Wadsworth, Esq., at Wadsworth
Garber Warner Conrardy, P.C.
TBOTG DEVELOPMENT: Hires Munsch Hardt Kopf as Counsel
-----------------------------------------------------
TBOTG Development, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ Munsch Hardt Kopf
& Harr, P.C. as counsel.
The firm will provide these services:
a. serve as attorneys of record for the Debtor and to provide
representation and legal advice to the Debtor throughout the
Bankruptcy Case;
b. assist the Debtor in carrying out its duties under the
Bankruptcy Code, including advising the Debtor of such duties, its
obligations, and its legal rights;
c. consult with the United States Trustee, any statutory
committee that may be formed, and all other creditors and
parties-in-interest concerning administration of the Bankruptcy
Case;
d. assist in potential sales of the Debtor's assets;
e. prepare on behalf of the Debtor all motions, applications,
answers, orders, reports, and other legal papers and documents to
further the Debtor's estate's interests and objectives;
f. assist the Debtor in connection with formulating, negotiating
and confirming a chapter 11 plan;
g. assist the Debtor in analyzing and appropriately treating the
claims of creditors, including objecting to claims and trying claim
objections;
h. appear before this Court and any appellate courts or other
courts having jurisdiction over any matter associated with the
Bankruptcy Case;
i. defend the Debtor against any and all actions and claims made
in the Bankruptcy Case against the Debtor and its property; and
j. perform all other legal services and provide all other legal
advice to the Debtor as may be required or deemed to be in the
interest of its estate in accordance with the Debtor's powers and
duties as set forth in the Bankruptcy Code.
The firm will be paid at these rates:
Davor Rukavina, Shareholder $900 per hour
Jay Ong, Shareholder $750 per hour
Beverly Bass, Associate $440 per hour
Heather Valentine, Paralegal $235 per hour
The firm received from the Debtor a retainer of $50,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jay H. Ong, Esq., a partner at Munsch Hardt Kopf & Harr, 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:
Jay H. Ong, Esq.
Davor Rukavina, Esq.
Beverly A. Bass, Esq.
Munsch Hardt Kopf & Harr, P.C.
1717 West 6th Street, Suite 250
Austin, TX 78703
Tel: (512) 391-6100
Fax: (512) 391-6149
Email: jong@munsch.com
drukavina@munsch.com
bbass@munsch.com
About TBOTG Development, Inc.
TBOTG Development, Inc., owns and operates The Bluffs on The
Guadalupe, a subdivision in Comal County, Texas, having an
appraised value of $32.1 million.
TBOTG Development filed a Chapter 11 petition (Bankr. W.D. Texas
Case No. 24-10411) on April 16, 2024, with $35,996,538 in total
assets and $22,885,007 in total liabilities. William T. Korioth,
president, signed the petition.
Judge Shad Robinson oversees the case.
Kell C. Mercer, PC and Armbrust & Brown, PLLC serve as the Debtor's
bankruptcy counsel and special litigation counsel, respectively.
TERRA LAKE: Trustee Files Emergency Bid to Use Cash Collateral
--------------------------------------------------------------
Leslie Osborne, the Chapter 11 Trustee of Terra Lake Heights, LLC,
asked the U.S. Bankruptcy Court for the Southern District of
Florida, South Lauderdale Division, for authority to use the cash
collateral of Big Real Estate Finance II, LLC.
The Debtor, a multi-unit apartment complex in Tallahassee, FL,
filed for Chapter 11 protection on April 23, and Trustee Osborne
was appointed on May 20. The Debtor allegedly owes the Lender
approximately $19.8 million, secured by a first-priority lien on
the Debtor's real and personal property, including leases, rents,
equipment, and accounts. The Trustee believes the rental income
constitutes cash collateral 11 U.S.C. under section 363(a) and
seeks to use it for necessary business expenses like utilities,
insurance, and property management.
To protect the Lender's interests, the Trustee proposed granting a
post-petition lien on all future revenue and providing adequate
protection against any decrease in collateral value. The Trustee
intends to work from a budget (currently in draft form) that may be
revised pending review and lender approval. Additionally, the
Trustee plans to retain a management company and seek court
approval for related fees.
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.
Leslie Osborne is the Chapter 11 trustee appointed in the Debtor's
case.
TERRA LAKE: Trustee Hires Rappaport Osborne as Counsel
------------------------------------------------------
Les S. Osborne, the Trustee for Terra Lake Heights, LLC, seeks
approval from the U.S. Bankruptcy Court for the Southern District
of Florida to employ Rappaport Osborne & Rappaport, PLLC as
counsel.
The firm will render these services:
(a) give advice to the Chapter 11 Trustee with respect to his
powers and duties as a Chapter 11 Trustee and the continued
management of the operation of Debtors' business;
(b) advise the Chapter 11 Trustee with respect to his
responsibilities in complying with the U.S. Trustee's Operating
Guidelines and Reporting Requirements, and with the rules of the
court; and
(c) prepare and defend motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary in the
administration of the case.
The firm will be paid at these hourly rates:
Jordan L. Rappaport $675 per hour
Les Osborne $550 per hour
Paralegals $100 to $350
In addition, Rappaport Osborne will be reimbursed for reasonable
out-of-pocket expenses incurred.
Jordan L. Rappaport, Esq., a partner of Rappaport Osborne, 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 Debtor and its estates.
Rappaport Osborne can be reached at:
Jordan L. Rappaport, Esq.
Rappaport Osborne & Rappaport, PLLC
1300 North Federal Highway, Suite 203
Boca Raton, FL 33432
Tel: (561) 368-2200
About Terra Lake Heights, LLC
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.
THRASIO HOLDINGS: S&P Cuts ICR to 'CCC-' on Elevated Default Risk
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Thrasio
Holdings Inc. to 'CCC-' from 'CCC'.
S&P said, "At the same time, we lowered our issue-level rating on
the company's $90 million senior secured first-out term loan to
'CC' from 'CCC+' and revised the recovery rating to '5' from '2' to
reflect its lower asset base. The '5' recovery rating indicates our
expectation for modest (10%-30%; rounded estimate: 25%) recovery in
the event of a payment default. We also lowered our issue-level
rating on its $276 million second-out term loan to 'C' from 'CC'.
The '6' recovery rating is unchanged and continues to indicate our
expectation for negligible (0%-10%; rounded estimate: 0%) recovery
in the event of a payment default."
The negative outlook reflects the increased likelihood that Thrasio
will default or engage in a distressed exchange in the next six
months absent unanticipated and significantly favorable changes in
its circumstances.
The downgrade reflects Thrasio's persistent operational challenges,
which have increased the risk it will default in the next six
months. Since its emergence from bankruptcy in June 2024, the
company's revenue and EBITDA have continued to decline due to weak
demand amid the challenging consumer environment, as well as the
effects of management's asset sales and portfolio rationalization.
In its 2024 audit, Thrasio's auditors cast substantial doubt around
its ability to continue as a going concern due to its operating
losses and cash outflows. The company has also reduced the number
of brands in its portfolio to 40 from over 200 prior to its
bankruptcy.
S&P said, "In 2025, we expect Thrasio's top-line revenue and EBITDA
will decline as it continues to evaluate its brand portfolio and
divest non-performing brands. We also forecast the company will
continue to generate an FOCF deficit, which will further deplete
its cash balance. The interest payments on Thrasio's first- and
last-out term loans are paid-in-kind (PIK) for the first year
following its emergence from bankruptcy. Starting June 18, 2025,
which will mark the second year following its emergence, the
company's interest payments will either be cash or PIK depending on
whether it meets the $50 million liquidity threshold. Thrasio's
cash balance currently exceeds the $50 million threshold, thus we
expect it will start making cash interest payments next quarter and
convert them to PIK in the next few quarters when its cash balance
drops below $50 million. The credit agreement also contains a $30
million minimum liquidity covenant, which is tested weekly. We
believe the company's headroom under this covenant headroom is
tight and anticipate it could breach the covenant if it
underperforms our forecast.
"Thrasio is highly exposed to tariffs and we believe it has limited
pricing power to absorb tariff-related pressures. China accounts
for 55% of the company's total outsourced products, while it
derives the remainder from the U.S and other regions in Asia. We
believe Thrasio will mitigate the effects of the tariffs though
cost sharing with its vendors, shifting its production to countries
facing lower tariff rates, and adjusting its inventory management.
We believe the company has limited pricing power because consumers
continue to seek value products. Thrasio's brands are small niche
brands mainly in the home and kitchen, bedding, outdoor, pet,
personal care, and cleaning categories, where they compete against
the offerings from large consumer products companies that benefit
from greater financial and marketing resources. Our forecast
assumes that tariffs will negatively affect the company's
performance for the majority of fiscal year 2025 and persist
through fiscal year 2026. That said, we expect Thrasio will be able
to mitigate roughly half of the tariff-related increase in its
costs through supplier negotiations and alternative sourcing."
The negative outlook reflects the increased likelihood that Thrasio
will default in the next six months.
S&P could lower its rating on Thrasio if:
-- S&P believes a default is a virtual certainty; or
-- The company announces a distressed restructuring or amends its
credit agreement in a manner that S&P views as tantamount to a
default.
S&P could take a positive rating action on Thrasio if it believes a
default is less likely in the next six months. This could occur
if:
-- The company turns around its declining business and stabilizes
its revenue and EBITDA, leading to positive FOCF generation; and
-- It maintains a sufficient forecast covenant cushion.
TJC SPARTECH: Moody's Withdraws 'Caa3' Corporate Family Rating
--------------------------------------------------------------
Moody's Ratings has withdrawn all credit ratings of TJC Spartech
Acquisition Corp, including the Caa3 Corporate Family Rating and
Caa3-PD Probability of Default Rating. Moody's have also withdrawn
the Caa3 rating on the backed senior secured first lien bank credit
facility consisting of a revolver expiring in 2026 and a term loan
due in 2028.
Prior to the withdrawal, the rating outlook was negative.
RATINGS RATIONALE
Moody's have decided to withdraw the rating(s) following a review
of the issuer's request to withdraw its rating(s).
COMPANY PROFILE
Headquartered in Maryland Heights, MO, Spartech converts base
polymers or resins into extruded plastic sheet, roll-stock,
thermoformed packaging, specialty film laminates, and cast acrylic.
Revenue for the last 12 months ended September 30, 2024 was $392
million. Spartech was carved out of chemical producer, Polyone, and
is a portfolio company of The Jordan Company, L.P. since 2021.
TONIX PHARMACEUTICALS: Registers 3.87M Shares Under 2020 Plan, ESPP
-------------------------------------------------------------------
Tonix Pharmaceuticals Holding Corp. filed a Registration Statement
with the U.S. Securities and Exchange Commission Pursuant to
General Instruction E to Form S-8 under the Securities Act of 1933,
as amended, for the purpose of registering additional shares of the
Company's common stock, par value $0.001 per share, under the
Company's Amended and Restated 2020 Stock Incentive Plan, as
amended, and the Company's 2025 Employee Stock Purchase Plan.
The number of shares of Common Stock available for issuance under
the 2020 Plan is subject to an automatic annual increase on January
1 of each year beginning in 2021 and ending on (and including)
January 1, 2030, in an amount equal to the difference between (x)
twenty percent (20%) of the total number of shares of Common Stock
outstanding on December 31st of the preceding calendar year, and
(y) the total number of shares of Common Stock reserved under the
2020 Plan on December 31st of such preceding calendar year
(including shares subject to outstanding awards, issued pursuant to
awards or available for future awards), or a lesser number of
shares of Common Stock determined by the board of directors of the
Company (the "Evergreen Provision"). This Registration Statement
registers an aggregate of 873,321 additional shares of Common Stock
available for issuance under the 2020 Plan as a result of the
Evergreen Provision (the "Evergreen Shares"). In addition, this
Registration Statement registers an aggregate of 1,000,000 shares
of Common Stock added to the 2020 Plan on May 9, 2025 (the
"Additional Shares"), and 2,000,000 shares of Common Stock
available for issuance under the 2025 ESPP.
The Evergreen Shares, the Additional Shares and the ESPP Shares
registered pursuant to this Registration Statement are of the same
class of securities as the 3,663 shares of Common Stock registered
for issuance under the 2020 Plan pursuant to currently effective
Registration Statements on Form S-8 (Registration Nos. 333-239152,
333-257437, 333-265705, 333-272746 and 333-283651) filed on June
12, 2020, June 25, 2021, June 17, 2022, June 16, 2023, and December
6, 2024, respectively. The information contained in the Company's
Registration Statements on Form S-8 (Registration No. 333-239152,
333-257437, 333-265705 333-272746 and 333-283651) is hereby
incorporated by reference pursuant to General Instruction E.
A full-text copy of the Registration Statement is available at
https://tinyurl.com/5ctwvxnm
About Tonix Pharmaceuticals
Chatham, N.J.-based Tonix Pharmaceuticals Holding Corp., through
its wholly owned subsidiary Tonix Pharmaceuticals, Inc., is a fully
integrated biopharmaceutical company focused on developing and
commercializing therapeutics to treat and prevent human disease and
alleviate suffering.
As of December 31, 2024, the Company had $162.9 million in total
assets, $23.3 million in total liabilities, and $139.6 million in
total stockholders' equity.
Iselin, N.J.-based EisnerAmper LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
March 18, 2025, citing that the Company has continuing losses and
negative cash flows from operating activities that raise
substantial doubt about its ability to continue as a going concern.
TREE CONNECTION: Unsecureds Will Get 7.5% of Claims over 5 Years
----------------------------------------------------------------
The Tree Connection, LLC, filed with the U.S. Bankruptcy Court for
the Eastern District of Pennsylvania an Amended Disclosure
Statement describing Chapter 11 Plan dated June 3, 2025.
The Debtor has operated as a full-service provider of professional
tree care, landscaping, and hardscaping services for the past
seventeen years.
The Debtor became involved in certain disputes with creditors that
proved untenable for the Debtor's operations and lead to the filing
of the Debtor's bankruptcy proceeding. Since the Petition Date, the
Debtor has reevaluated its projects and business operations,
reduced overhead expenses, enhanced its collection efforts, and
remains focused on maintaining and pursuing profitable projects.
This refinement of operations results directly in the Debtor's
ability to propose a distribution to unsecured creditors and
reorganize its debts. The Debtor has operated with the consensual
use of cash collateral since Petition Date and poised to receive a
$35,000 cash infusion to fund the Plan, from Ryan Sipple.
Class 10 consists of General Unsecured Claims. Class 10 claims are
Impaired. The allowed unsecured claims total $446,100.35. This
Class will receive a distribution of $35,000.00 or 7.5% of their
allowed claims over 5 years.
The treatment and consideration to be received by holders of Class
10 Allowed Unsecured Claims shall be in full settlement,
satisfaction, release and discharge of their Claims and liens. This
class includes all deficiency Claims and any portion of any Claims
of any priority unsecured creditor which is not entitled to
priority.
Class 11 consists of holders of an interest in the Debtor. The
Class 11 is Unimpaired. In a corporation, entities holding
preferred or common stock are equity interest holders. In a
partnership, equity interest holders include both general and
limited partners. In a limited liability company (LLC), the equity
interest holders are the members. Finally, with respect to an
individual who is a debtor, the debtor is the equity interest
holder.
The Interest Holders shall retain their interest in the Debtor by
contributing new capital or assets that are essential to the
reorganization and that benefit the General Unsecured Creditors.
The Plan will be funded by the ongoing operations of the Debtor,
carried out by existing management, and the continued efforts of
the Debtor and management to maximize the Debtor's presence in the
marketplace while striving to keep overhead low. As well as a new
value $35,000 cash equity contribution from Ryan Sipple. In
exchange for the $35,000 cash infusion Ryan Sipple will retain in
equity interest in the Debtor.
A full-text copy of the Amended Disclosure Statement dated June 3,
2025 is available at https://urlcurt.com/u?l=69hXMd from
PacerMonitor.com at no charge.
About The Tree Connection, LLC
The Tree Connection LLC offers tree services, landscaping, and
hardscaping services.
The Tree Connection LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 24-14410) on December 11,
2024. In the petition filed by Ryan Sipple, as sole member/managing
member, the Debtor reports estimated assets between $500,000 and $1
million and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Patricia M. Mayer handles the case.
The Debtor is represented by:
Thomas D. Bielli, Esq.
BIELLI & KLAUDER, LLC
1095 Spruce Street
Philadelphia, PA 19103
Tel: (215) 642-8271
E-mail: tbielli@bk-legal.com
TRINITY INTEGRATED: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Trinity Integrated Healthcare, LLC got the green light from the
U.S. Bankruptcy Court for the District of Arizona for authority to
use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral to pay operating
expenses in accordance with its budget.
Payments for items like rent, patient care ombudsman fees and
"adequate protection" to creditors with valid interests in the
Debtor's assets must be set aside in a segregated or trust account
and not paid until the final hearing.
As protection, secured creditors will be granted replacement liens
on assets acquired by the Debtor after the petition date, with the
same validity and priority as their pre-bankruptcy liens.
A status hearing is scheduled for July 7.
The Debtor is a family-owned operator of residential behavioral
health facilities in Phoenix, Arizona. Originally established as
Lords Integrated Care LLC, the entity was renamed Trinity
Integrated Healthcare LLC due to licensing issues. The Debtor's
assets include a Wells Fargo account with $24,474, aged accounts
receivable totaling $150,000, and equipment with a liquidation
value of $50,000.
JPMorgan Chase Bank holds a UCC lien on the Debtor's business
assets and may claim its revenues as cash collateral. Meadows Bank,
though not contracted directly with the Debtor, may claim a similar
interest based on its previous loan agreement with Lords, the
Debtor's predecessor.
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 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 reported
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.
TRULEUM INC: Harry McMillan Appointed Interim Board Chair
---------------------------------------------------------
Truleum, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on May 12, 2025, the Board
of Directors was notified of the passing of its Chairman, Robert
Flynn.
In light of this unexpected loss, the Board of Directors has
appointed Harry McMillan as an interim member of the Board and
Interim Chairman, effective immediately. Mr. McMillan will serve in
this capacity until the next annual meeting of shareholders. A
seasoned executive with decades of leadership experience, Mr.
McMillan has been actively involved with the Company as a senior
advisor and brings a deep understanding of Truleum's operations and
strategic priorities. He currently serves as:
* Manager of AEI Acquisition Company, LLC, the majority
shareholder of the Company;
* President of AEI Management, Inc., which along with AEI
Acquisition Company, LLC, has previously entered into lending
agreements with the Company that remain in effect as of the date of
this disclosure;
* Founder and majority shareholder of Fidare Consulting Group,
Inc., which provides consulting services to the Company under an
active agreement.
"Robert's contributions to Truleum were significant, and his loss
is deeply felt throughout the organization," said Harry McMillan.
"I am honored to serve in this interim capacity and will work
closely with the Board and management to ensure continuity and
advance the Company's mission."
The Company will provide further updates regarding permanent Board
leadership following the annual meeting.
About Truleum
Truleum, Inc. -- www.truleum.com -- is an energy company focused on
the exploration, development, and production of oil and natural gas
reserves. The company aims to leverage advanced technologies to
optimize extraction processes and maximize resource efficiency.
The Company has minimal cash or other current assets and does not
have an established ongoing source of revenues sufficient to cover
its operating costs and to allow it to continue as a going concern.
These conditions raise substantial doubt about the Company's
ability to continue as a going concern. The ability of the Company
to continue as a going concern is dependent on the Company
obtaining adequate capital to fund operating losses until it
becomes profitable. If the Company is unable to obtain adequate
capital, it could be forced to cease operations, according to the
Company's Quarterly Report for the period ended March 31, 2024.
The Company have not yet filed its Annual Report on Form 10-K for
the year ended December 31, 2024.
UNISYS CORP: Moody's Affirms 'B2' CFR, Outlook Stable
-----------------------------------------------------
Moody's Ratings affirmed Unisys Corporation's (Unisys) corporate
family rating at B2 and probability of default rating at B2-PD.
Concurrently, Moody's assigned B2 ratings to its proposed senior
secured notes due 2031. Moody's also affirmed its existing $485
million senior secured global notes due 2027 at B2. The
speculative grade liquidity rating remains unchanged at SGL-2. The
outlook is stable. Unisys provides information technology (IT)
services and software globally.
The net proceeds from the proposed notes and cash will be used to
repay the notes due 2027 and to fund a portion of Unisys' long term
US pension deficit. The B2 rating assigned to the notes due 2027
will be withdrawn when they are repaid.
Moody's considers the $776 million underfunded amount of Unisys'
pensions as of December 31, 2024 as debt. Therefore, whether
through liability management initiatives or cash contributions,
Moody's considers reductions in the amount of underfunding as
equivalent to debt repayment and the company's plan as a credit and
leverage-neutral transaction.
Unisys has removed over $2 billion of pension liabilities since
2020. The company still faces future cash contributions to its US
pension plan, assuming no changes in actuarial assumptions, pension
asset performance, or regulatory changes that could alter future
cash contribution requirements, albeit those future payments will
be lower following the planned contributions. Moody's expects the
company may pursue other liability reduction actions, including
using its cash to make contributions, thereby reducing its
underfunded status.
RATINGS RATIONALE
The B2 CFR reflects Unisys' moderately high debt/EBITDA of 4.8x as
of March 31, 2025, small scale relative to larger competitors, and
the challenges of operating within the highly competitive IT
services industry. Moody's expects little or no organic revenue
growth over the next 12-18 months. Over 75% of revenue comes from
recurring sources, comprised of software license renewals,
maintenance and digital workplace services and outsourcing
contracts. Although certain contracts may depress profitability in
the initial implementation phase, these contracts provide a base of
recurring revenues once the company begins to recognize revenues.
These relationships also provide a customer base into which Unisys
can sell additional services. Although Moody's anticipates EBITDA
margin will remain about 14% in 2025 and 2026, the decline of
EBITDA margins from about 19% in 2021 pressures the credit
profile.
All financial metrics cited reflect Moody's standard adjustments.
Evolving technologies and customer requirements require continued
investment in solutions that can materially influence the
profitability of a contract over time. Unisys competes against
much larger organizations with greater financial resources to fund
such investments, including Accenture plc (Aa3 stable), DXC
Technology Company (Baa2 negative) and Kyndryl Holdings, Inc. (Baa2
stable), and non-US and low-cost providers, like Infosys Limited
(Baa1 stable) and Tata Consultancy Services Limited (Baa1 stable).
Unisys' credit profile benefits from the diverse end markets that
it serves, including commercial, financial institutions, and public
sector, which contributes to revenue stability given the differing
demand drivers of each of these separate end markets. The stream of
high margin, although highly episodic, but generally predictable,
software license revenues from its Enterprise Computing Solutions
segment significantly improves Unisys' profit margin and cash flow
during periods of increased scheduled software license renewals,
somewhat explaining the volatile profitability rate trend.
Additional support to the B2 CFR is provided by Moody's
anticipations for gross margin expansion in Unisys' non-license and
support business lines over the next two to three years.
The SGL-2 liquidity rating reflects Moody's anticipations for at
least $50 million of free cash flow (before required pension
payments) in 2025. Unisys' liquidity is also underpinned by its
high cash balance and the unrated $125 million ABL revolver
expiring October 2027, which is secured by a priority claim in
eligible accounts receivable. Unisys has announced that it intends
to extend the revolver maturity date to 2030 in the near term.
Moody's expects that Unisys will remain in compliance with the
financial covenant on the revolver over the next 12 to 15 months.
Following the US pension funding, Moody's anticipates no minimum US
pension payments will be required until after 2025. Underfunded
non-US pension plan payments will remain around $30 million in both
2025 and 2026.
The proposed senior secured notes are rated B2, which is the same
as the B2 CFR and one notch lower than the modelled B1 outcome per
Moody's Loss Given Default for Speculative-Grade Companies
methodology (LGD Methodology). The proposed notes are ranked behind
the company's ABL revolver and certain priority payables, pari
passu with its underfunded non-US pension obligations and ahead of
the underfunded US pension and other unsecured obligations in
Moody's hierarchy of claims at default. The proposed notes benefit
from secured upstream guarantees from certain domestic
subsidiaries. The B2 senior secured notes rating reflects Moody's
anticipations for additional reductions in the amount of US pension
underfunding in the next 12 to 18 months, reducing the first-loss
support those obligations convey to the proposed senior secured
notes.
The stable outlook reflects Moody's expectations for little to no
revenue growth, some improvement in non-license and support
business line gross margins and good liquidity over the next 12 to
18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Unisys achieves organic revenue
growth in a low-to-mid single-digit percentage range, sustains
debt/EBITDA below 4.0x and free cash flow (before required pension
payments) to debt around 8%, takes steps required to bring the US
and international pension plans to fully-funded status and
maintains a conservative financial policy.
The ratings could be downgraded if Unisys revenue declines or if
profitability or cash flow generation weakens such that Moody's
expects debt/EBITDA will be sustained above 5.5x or free cash flow
(before required pension payments) to debt will remain below 5% on
a more than temporary basis. A diminished liquidity profile or more
aggressive financial strategies, featuring large, debt-funded
acquisitions or shareholder returns could also lead to lower
ratings.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Unisys Corporation (NYSE:UIS), based in Blue Bell, PA, provides IT
services and enterprise server software worldwide. Moody's expects
2025 revenue of about $2 billion.
VENUS CONCEPT: Amends Debt Terms With Madryn Through June 30
------------------------------------------------------------
Venus Concept Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company, Venus
Concept USA, Inc., a wholly-owned subsidiary of the Company, Venus
Concept Canada Corp., a wholly-owned Canadian subsidiary of the
Company, and Venus Concept Ltd., a wholly-owned Israeli subsidiary
of the Company ("Venus Israel" and together with the Company, Venus
USA and Venus Canada, the "Loan Parties"), entered into a Consent
Agreement with Madryn Health Partners, LP and Madryn Health
Partners (Cayman Master), LP ("Madryn Cayman," and together with
Madryn, the "Lenders" or the "Holders").
The Consent Agreement granted relief under the Loan and Security
Agreement (Main Street Priority Loan), dated December 8, 2020,
among the Lenders, as lenders, and Venus USA, as borrower, such
that:
(i) certain minimum liquidity requirements under the MSLP Loan
Agreement are waived through June 30, 2025, and
(ii) Venus USA is permitted to apply the June 8, 2025 cash
interest payment due under each Note (as defined in the Consent
Agreement) to the respective outstanding principal balance of each
Note.
Fifteenth Bridge Loan Amendment:
Additionally, May 30, the Loan Parties entered into a Fifteenth
Bridge Loan Amendment Agreement with the Lenders.
The Fifteenth Bridge Loan Amendment amended that certain Loan and
Security Agreement, dated April 23, 2024, among Venus USA, as
borrower, the Company, Venus Canada and Venus Israel, as
guarantors, and the Lenders, as lenders (as amended from time to
time, the "Bridge Loan"), to extend the maturity date of the Bridge
Loan from May 31, 2025 to June 30, 2025.
Notes Consent Agreement:
Furthermore, on the same date, the Loan Parties entered into a
Consent Agreement with and Lenders.
The Note Consent Agreement granted relief under those certain
secured subordinated convertible notes issued by the Company in
favor of the Lenders, dated March 31, 2025, such that (i) certain
minimum liquidity requirements under 2025 Notes are waived through
June 30, 2025.
Full text copies of the Consent Agreement, Fourteenth Bridge Loan
Amendment, and the Note Consent Agreement are filed as exhibits to
the Form 8-K available at https://tinyurl.com/tcbymdp9.
About Venus Concept
Toronto, Ontario-based Venus Concept Inc. is an innovative global
medical technology company that develops, commercializes, and
delivers minimally invasive and non-invasive medical aesthetic and
hair restoration technologies and related services. The Company's
systems have been designed on cost-effective, proprietary, and
flexible platforms that enable the Company to expand beyond the
aesthetic industry's traditional markets of dermatology and plastic
surgery, and into non-traditional markets, including family
medicine and general practitioners and aesthetic medical spas.
Mississauga, Canada-based MNP LLP, the Company's auditor since
2019, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has reported recurring net losses and negative cash flows from
operations, which raises substantial doubt about its ability to
continue as a going concern.
As of September 30, 2024, Venus Concept had $72.28 million in total
assets, $61.65 million in total liabilities, $520,000 in
non-controlling interests, and $10.11 million in total
stockholders' equity.
VIRGINIA BEACH: Hires Downtown Auction Company as Appraiser
-----------------------------------------------------------
Virginia Beach Patios, Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Virginia to employ Downtown
Auction Company as its appraiser.
The firm will provide these services:
a. view, examine, evaluate and ascertain the current condition
of all the assets -- personal property of the Debtor in Possession;
and
b. provide a written appraisal and expert opinion of the fair
market value based on the condition, secondary market potential,
current comparable sales as well as any other factors that may
impact the value of all the assets -- personal property of the
Debtor in Possession.
The firm will be paid $1,500 for the appraisal services.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Nancy S. Zedd
Downtown Auction Company
201 Westover Ave Unit 203
Norfolk, VA 23507
Tel: (757) 713-1711
About Virginia Beach Patios, Inc.
Virginia Beach Patios, Inc. is a family-owned contractor
specializing in designing and building custom outdoor living
spaces, including custom pools, outdoor kitchens, fire features, or
artistic structures. The Company is committed to delivering
high-quality craftsmanship and creating functional, beautiful
environments that enhance the homeowner's outdoor experience. With
personalized service and innovative designs, the Company transforms
ordinary yards into extraordinary outdoor retreats.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 25-70478) on March 7,
2025. In the petition signed by Angela Marie Rose, president, the
Debtor disclosed $186,926 in assets and $1,233,715 in liabilities.
Carolyn Bedi, Esq., at Bedi Legal, P.C., represents the Debtor as
bankruptcy counsel.
VIRGINIA PARK: Case Summary & Two Unsecured Creditors
-----------------------------------------------------
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Virginia Park 1, LLC (Lead Case) 25-11308
165 East Broadway
3rd Fl
New York NY 10002
Virginia Park 2, LLC 25-11309
165 East Broadway
3rd Fl
New York, NY 10002
Herman Kiefer Development, LLC 25-11310
1151 Taylor St
Detroit MI 48202
Business Description: Herman Kiefer Development, LLC is a real
estate development firm leading the adaptive
reuse of a 38-acre, 862,000-square-foot
former hospital campus in Detroit, Michigan.
The Company is repositioning the site for
commercial use by innovative businesses and
undertaking the rehabilitation of vacant
residential properties in the surrounding
neighborhood.
Virginia Park 1, LLC provides real estate-
related services, including property
management and support activities, in
connection with properties in Michigan.
Chapter 11 Petition Date: June 10, 2025
Court: United States Bankruptcy Court
Southern District of New York
Judge: Hon. Martin Glenn
Debtors'
Restructuring &
General
Bankruptcy
Counsel: Andrew K. Glenn, Esq.
Jed I. Bergman, Esq.
Richard Ramirez, Esq.
Malak S. Doss, Esq.
GLENN AGRE BERGMAN & FUENTES LLP
1185 Avenue of the Americas
22nd Floor
New York, New York 10036
Tel: (212) 970-1601
Tel: (212) 970-1600
Email: aglenn@glennagre.com
jbergman@glennagre.com
rramirez@glennagre.com
mdoss@glennagre.com
Virginia Park 1, LLC's
Estimated Assets: $1 million to $10 million
Virginia Park 1, LLC's
Estimated Liabilities: $500,000 to $1 million
Virginia Park 2's
Estimated Assets: $1 million to $10 million
Virginia Park 2's
Estimated Liabilities: $1 million to $10 million
Herman Kiefer Development, LLC's
Estimated Assets: $10 million to $50 million
Herman Kiefer Development, LLC's
Estimated Liabilities: $1 million to 10 million
Ron Castellano signed the petitions in his capacity as a member of
Castellano Member, LLC, the manager of the Debtors.
The petitions were signed by Ron Castellano as member of Manager,
Castellano Member, LLC.
Full-text copies of the petition are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/IGELMCA/Virginia_Park_1_LLC__nysbke-25-11308__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/INMYSZQ/Virginia_Park_2_LLC__nysbke-25-11309__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/IVQJ72Q/Herman_Kiefer_Development_LLC__nysbke-25-11310__0001.0.pdf?mcid=tGE4TAMA
List of Virginia Park 1, LLC's Two Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. American Express Various $49,581
P.O. Box 409050, Expenses
Fort Lauderdale, FL
33340-9050
Phone: 1-800-492-3344
2. TD Bank Loan Loan $19,995
P.O. Box 566
Lewiston, ME 04243
Phone: 1-800-738-5635
VSM PROPERTIES: Case Summary & One Unsecured Creditor
-----------------------------------------------------
Debtor: VSM Properties, LLC
1006 Cherohala Skyway
Tellico Plains, TN 37385
Business Description: VSM Properties LLC is a real estate
management company based in Tellico Plains,
Tennessee. It owns commercial properties in
the area, including the riverside building
at 1641 Cherohala Skyway.
Chapter 11 Petition Date: June 12, 2025
Court: United States Bankruptcy Court
Eastern District of Tennessee
Case No.: 25-31124
Judge: Hon. Suzanne H Bauknight
Debtor's Counsel: Edward J. Shultz, Esq.
TARPY, COX, FLEISHMAN & LEVEILLE, PLLC
1111 N Northshore Dr
Suite N-290
Knoxville, TN 37919
Tel: (865) 588-1096
Fax: (865) 588-1171
E-mail: eshultz@tcflattorneys.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Mohit Mankad as chief executive
manager.
The Debtor reported the Tennessee Department of Revenue, through
the Tennessee Attorney General's Office Bankruptcy Unit, as its
only unsecured creditor with a claim amounting to $20,000.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FJEPYYA/VSM_Properties_LLC__tnebke-25-31124__0001.0.pdf?mcid=tGE4TAMA
WARNER BROS: Fitch Lowers LongTerm IDR to BB+, On Watch Negative
----------------------------------------------------------------
Fitch Ratings has downgraded the Long-Term Issuer Default Ratings
(IDRs) of Warner Bros. Discovery, Inc. (WBD), Discovery
Communications, LLC (Discovery), Warner Media, LLC (WM),
WarnerMedia Holdings, Inc. (WMH), and Discovery Communications
Benelux B.V. (DCB) to 'BB+' from 'BBB-'. Fitch has downgraded
Discovery's Short-Term IDR to 'B' from 'F3.'
Fitch has also downgraded Discovery's and WMH's senior unsecured
debt to 'BB+' with a Recovery Rating of 'RR4' from 'BBB-' and WM's
senior unsecured debt to 'BB'/'RR5' from 'BB+'. Fitch has placed
all the ratings on Rating Watch Negative (RWN).
The downgrade reflects Fitch's expectation post-transaction, WBD
will be smaller and less diversified in a secularly declining
industry and have elevated leverage. Depending on the final capital
structure, a multi-notch downgrade is possible.
Fitch expects to resolve the RWN once further separation details
are available, with completion anticipated by mid-2026. The RWN
reflects uncertainty about WBD's future capital structure and
deployment priorities.
Key Rating Drivers
Complex Separation and Debt Exchange Transactions: The separation
of WBD into WBD Global Networks (RemainCo) and WBD Streaming &
Studios (SpinCo) introduces significant uncertainty regarding its
credit profile. The absence of pro forma financials and a clear
target capital structure hinders an assessment of the
post-transaction credit and is a key driver for the RWN.
WBD also announced a complex, multi-pool tender and consent process
with extensive covenant stripping. Fitch views the debt exchange
terms as somewhat aggressive and anticipates that they may exert
considerable downward pressure on WBD's credit profile.
Uncertain Post-Transaction Profile: There is low visibility on the
post-transaction capital structure for RemainCo. It will absorb
approximately half of the refinanced bridge facility, implying
roughly $8.75 billion of new secured debt, senior to any remaining
WBD bonds not tendered back to the company. Based on this, Fitch
estimates that RemainCo's gross leverage will be in the mid 4x
area, similar to the current leverage of the combined company.
Fitch views this estimated leverage level as aggressive,
particularly for a business segment facing declining revenues and
margin compression.
Smaller Scale and Less Diversification: The separation of the
streaming and studio business will leave RemainCo as a
significantly smaller and less-diversified company within a
secularly declining industry. Fitch expects continued revenue
decline and margin compression in the linear business, which could
further constrain RemainCo's financial flexibility and financial
structure. The Global Networks business will be heavily reliant on
legacy assets with diminishing profitability. It will be less
resilient to market headwinds, even with contributions from WBD's
digital assets.
Strong FCF Generation at Global Networks: Fitch expects RemainCo to
generate robust FCF due to its modest capital intensity. RemainCo
will have a 20% equity stake in SpinCo post-transaction, which
management plans to monetize to reduce debt. Depending on the value
of the stake and the amount utilized for debt repayment, this could
substantially improve RemainCo's leverage and financial
flexibility.
Linear Network Secular Threats: Fitch recognizes the threats to
WBD's linear cable networks, as Fitch expects multichannel video
programming distributor (MVPD) subscribers to continue their
long-term secular decline. Despite the global reach and relative
strength of WBD's networks, Fitch anticipates cash flow generation
and margins in RemainCo will remain under pressure long-term.
Peer Analysis
WBD RemainCo's post-separation ratings will reflect its much
smaller standalone size, lack of revenue diversification, and
dubious prospects for sustainable long-term revenue and EBITDA
growth. RemainCo will lack the size and diversification of The Walt
Disney Company (A-/Stable), NBC Universal Media LLC (A-/Stable),
and Paramount Global (BBB-/Negative). Fitch also expects RemainCo
to have higher leverage than all of them.
Comcast is the largest MVPD and cable multiple system operator in
the U.S., serving about 31.2 million residential and business
customer relationships as of Dec. 31, 2024. The company owns 100%
of NBCUniversal Media LLC, one of the largest, diversified media
companies in the U.S.
While NBCUniversal Media currently has legacy linear cable networks
comparable to RemainCo, it continues to benefit from a rapidly
growing direct-to consumer (DTC) platform with Peacock as well as a
studio business. NBCUniversal Media's legacy linear cable networks
revenue is slightly higher than its estimate for RemainCo, while
Fitch estimates EBITDA for RemainCo to be slightly higher than
NBCUniversal's.
Paramount Global, a global media, streaming and entertainment
company, creates premium content and experiences for audiences
worldwide through its segments: TV Media, DTC and Filmed
Entertainment. The company is comparable to pre-separation WBD.
Similar to NBCUniversal, Paramount's legacy linear cable channel
segment will continue to benefit from its fast-growing DTC platform
(Paramount+). Fitch estimates Paramount's legacy linear cable
business to generate lower revenue and EBITDA than that of
RemainCo.
Key Assumptions
On a pre-separation basis:
- Total revenue expected to decline low single-digits as linear
network declines continue, partially offset by increases in DTC
revenue. Studio revenue is expected to vary annually depending on
the quantity and quality of film content, with the company clearly
focused on reinvigorating the DC Comics franchise with the 2025
reboot of 'Superman'.
- Margins remain roughly flat as ongoing DTC growth is offset by
continued margin compression at networks and slight improvement in
studio margins.
- Capex intensity remains around 2.5%, though increasing briefly in
2025 due to studio expansion and incremental investments in the
'Harry Potter Shanghai' attraction.
- Fitch-calculated annual FCF should remain consistent between the
high $3 billion to low $5 billion range.
- No M&A or share buybacks over the near term, in line with
Discovery's behavior after the SNI acquisition. Fitch does not
expect share buybacks to resume until the company reaches the upper
end of its 2.5x-3.0x leverage target
- Near-term FCF geared toward debt repayment, driving leverage
below Fitch's negative sensitivity of 3.5x in 2028.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Removing
the RWN:
- Completion of separation into two separate standalone public
companies;
- Announcement of post-transaction capital structures and pro-forma
financials.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Fitch-calculated EBITDA leverage fails to approach 2.0x, 12 to 18
months post-transaction close; Fitch may reassess this sensitivity
as transaction close approaches.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch does not anticipate any positive rating action while the
completion of the separation transaction is pending.
Liquidity and Debt Structure
As of March 31, 2025, WBD had $3.9. billion cash and full
availability under its $6 billion unsecured revolver, maturing in
October 2029, with two 364-day extensions. Fitch excludes the $2.0
billion CP program (full availability) given the overlap with the
revolver availability and the 'B' Short-Term IDR. Aggregate
near-term maturities are $584 million for the remainder of 2025,
$2.2 billion in 2026 and $4.7 billion in 2027.
Issuer Profile
WBD was formed by the April 2022 merger of WarnerMedia and
Discovery, Inc. It is the second largest global media company and
offers scripted and unscripted content across a broad range of
internal and external distribution platforms.
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
----------- ------ -------- -----
Discovery
Communications, LLC LT IDR BB+ Downgrade BBB-
ST IDR B Downgrade F3
senior unsecured LT BB+ Downgrade RR4 BBB-
senior unsecured ST B Downgrade F3
Warner Media, LLC LT IDR BB+ Downgrade BBB-
senior unsecured LT BB Downgrade RR5 BB+
Discovery
Communications
Benelux B.V. LT IDR BB+ Downgrade BBB-
ST IDR B Downgrade F3
Warner Bros.
Discovery, Inc. LT IDR BB+ Downgrade BBB-
WarnerMedia
Holdings, Inc. LT IDR BB+ Downgrade BBB-
senior unsecured LT BB+ Downgrade RR4 BBB-
WARNER BROS: Moody's Assigns 'Ba1' CFR, On Review for Downgrade
---------------------------------------------------------------
Moody's Ratings assigned Warner Bros. Discovery, Inc.'s (WBD) a Ba1
Corporate Family Rating and a Ba1-PD Probability of Default Rating.
Concurrently, Moody's downgraded the backed senior unsecured notes
ratings of Discovery Communications, LLC and WarnerMedia Holdings,
Inc. to Ba1 from Baa3. Moody's also placed these ratings on review
for downgrade. Previously, the outlooks for these issuers were
negative. In addition, Moody's downgraded Discovery Communications,
LLC's backed commercial paper program rating to Not Prime from
Prime-3 and withdrew the Baa3 long term issuer rating of WBD.
On June 9, 2025, WBD announced a plan to separate its streaming and
studios business (WBD S&S) into a new publicly traded company.
Concurrently, with this announcement, the company launched a cash
tender and consent solicitation for ~$35.5 billion of outstanding
bonds. According to WBD, the tender will be funded by a $17.5bn
committed secured bridge facility from JP Morgan, which is expected
to be refinanced with permanent secured financing at both Global
Networks (WBD GN) and WBD S&S in connection with the split. The
closing of the tender offer is not contingent upon the closing of
the separation. Post split, WBD GN will retain up to 20% of WBD
S&S, designed to deliver incremental cash in a future sale that
will be applied to further debt reduction. Non-consenting note
holders and notes not repurchased as a result of proration will
remain at WBD GN post separation. Management expects the separation
to be completed by mid 2026, subject to the satisfaction of
customary conditions and regulatory approvals.
RATINGS RATIONALE
The downgrade reflects WBD's persistent operating challenges and a
change in its financial policies to include secured debt in its
capital structure pre and post separation. Given the revenue and
profitability pressures caused by the declining linear television
business, uncertainty as to the timing of future deleveraging and
the financial policy change, Moody's viewed the credit profile as
inconsistent with an investment grade rating.
WBD's Ba1 ratings reflects the company's asset quality, breadth and
diversity within the media and entertainment segment, large scale,
and free cash flow generation. WBD's combination of complementary
content offerings, strong intellectual property, and high-quality
production capabilities has allowed it to remain competitive within
the crowded direct-to-consumer (DTC) landscape, specifically among
established streaming platforms, many of which operate with
stronger balance sheets and greater operating scale.
Over the past two years, WBD's DTC platform has made significant
progress measured by the number of users on its platform but it
remains small compared to the relative size of Netflix, Amazon and
Disney. In addition, WBD's linear networks continue to face
material secular pressures due to accelerating cord-cutting and
declining engagement trends for traditional pay TV networks. WBD's
linear networks provide the bulk of the company's free cash flows.
Pre-separation, Moody's expects WBD to continue generating upwards
of $4 billion of free cash flow in 2025 and 2026.
Governance and in particular a change in the company's financial
policies were key drivers of the rating action. This reflects
management's stated intention to use secured debt to fund the debt
tender offer and as part of its capital structure post- split,
thereby reducing the company's financial flexibility.
Moody's have withdrawn the Baa3 LT issuer rating of WBD. Moody's
have decided to withdraw the rating(s) for Moody's own business
reasons.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings on review for further downgrade considers the company's
smaller operating scale (as measured by revenue and EBITDA),
reduced revenue diversification, and uncertainties regarding its
pro forma capital structure and financial policies post separation.
Pro forma for the split, WBD's revenue base will be around 50%
lower and largely dependent on revenue from distribution fees and
advertising sales, which continue to face secular and competitive
pressures as a result of shifting viewing habits from linear-pay TV
to streaming. Moody's reviews will focus on (i) the tender and the
separation concluding as planned upon receipt of all necessary
approvals, (ii) an assessment of the remaining business and
operating strategies of WBD GN, and (iii) the expected
post-transaction debt capital structure, liquidity and financial
policies. If a substantial portion of the unsecured debt is
acquired in the tender offer, the senior unsecured debt could be
downgraded at the close of the tender to reflect its subordination
in the capital structure. Moody's expects the ratings to remain on
review for downgrade after the close of the tender to offer to
reflect the pressures on the credit profile from the proposed
separation. The CFR and PDR could be downgraded by one or more
notches upon the conclusion of the review related to the
separation. Upon conclusion of the review related to the
separation, the senior unsecured notes could be downgraded up to
two notches below the CFR depending on degree of subordination of
the notes in the capital structure.
Warner Bros. Discovery, Inc. with its headquarters in New York, NY
is a leading global media and entertainment company that creates
and distributes one of the world's most complete portfolios of
content and brands across television, film, and streaming.
The principal methodology used in these ratings was Media published
in June 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
WELLPATH HOLDINGS: Court Declines to Lift Stay on Gardner Suit
--------------------------------------------------------------
Judge Donald W. Molloy of the United States District Court for the
District of Montana denied the plaintiff's motion for sanctions and
motion to lift stay of the case captioned SPENCER GARDNER,
Plaintiff, vs. MISSOULA COUNTY, JOHN/JANE DOES 1-13, MEDICAL
CONTRACTOR d/b/a/ WELLPATH, MICHAEL HASH, COMMANDER ZIEGLER,
COMMANDER KOWALSKI, TARA TACKET, KELLY ANN KLAUBER, BRIANNA
CHRISTINE FREDRICK, Defendants, Case No. 23-cv-00146-DWM (D. Mont.)
as it applies to the Wellpath defendants.
On May 1, 2025, an order was entered lifting the stay that had been
previously imposed as to the County Defendants but leaving the stay
in place relative to the Wellpath Defendants. The Wellpath
Defendants were directed keep the Court updated regarding the
ongoing bankruptcy proceedings.
Gardner asserts that the Wellpath Defendants have been evasive and
incomplete in their disclosures and that the bankruptcy stay has
since expired.
Gardner provides limited information in support of his request for
sanctions. He claims that Wellpath failed to identify parent
companies and certified that it has none, which he believes is
refuted by the corporate structure chart filed in the Bankruptcy
Court. He also suggests that Wellpath has not updated this Court
adequately regarding the bankruptcy proceedings.
Wellpath Defendants acknowledge that the automatic stay in the
bankruptcy proceedings has now expired. The stay applicable to the
Wellpath entities expired on May 9, 2025, while the stay applicable
to the non-debtor defendants expired on May 7, 2025. On May 1,
2025, the Bankruptcy Court entered an order confirming Wellpath's
First Amended Joint Chapter 11 Plan of Reorganization; the Plan
took effect on May 9, 2025. Wellpath Defendants advise this Court
that they are currently working with and awaiting further guidance
from bankruptcy counsel regarding the handling of claims against
Debtor entities under the Chapter 11 Liquidating Plan.
In response to Gardner's motion for sanctions, Wellpath contends
that Federal Rule of Civil Procedure 37(c) is inapplicable, because
no discovery has been served by Gardner, accordingly, no
corresponding duty to disclose and/or supplement exists under Rule
26(a) or (e). To the extent that Gardner argues that Wellpath's
Corporate Disclosure is inadequate under Rule 7.1, Wellpath asserts
Gardner has offered not factual basis, supporting document or legal
authority to substantiate his claim. The Court agrees.
Wellpath has now updated the Court on the status of the bankruptcy
proceedings. The Court holds the stay imposed in the present matter
will remain in effect temporarily, pending further update from
Wellpath Defendants.
Counsel for the Wellpath Debtor Defendants Brianna Christine
Fredrick, Kelly Ann Klauber, Unknown Medical Contractors and/or
Corporation, d/b/a Wellpath must file a status report within 30
days of this Order and explain how they believe the United States
Bankruptcy Court for the Southern District of Texas proceedings in
Case No. 24-90533 affects the instant matter.
Gardner's obligation to immediately advise the Court and opposing
counsel of any change of address and its effective date remains
ongoing.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=eDe4mo from PacerMonitor.com.
About Wellpath Holdings
Wellpath Holdings, Inc., formerly known as CCS-CMGC Holdings, Inc.,
is a provider of medical and mental healthcare in jails, prisons,
and inpatient and residential treatment facilities.
Wellpath Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 24-90533) on Nov. 11, 2024. Timothy Dragelin, chief
restructuring officer and chief financial officer, signed the
petitions.
At the time of the filing, the Debtors reported $1 billion to $10
billion in assets and liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Marcus A. Helt, Esq. at McDermott Will & Emery,
LLP, as bankruptcy counsel; FTI Consulting, Inc., as financial
advisor; and Lazard Freres & Co., LLC and MTS Partners, LP as
investment banker.
WOLF'S LAIR: Hires Cooper & Scully PC as Counsel
------------------------------------------------
Wolf's Lair Ranch, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to employ Cooper & Scully,
PC as counsel.
The firms will render these services:
(a) prepare and file schedules and a statement of financial
affairs;
(b) negotiate with creditors and handle routine motions such
as motions for relief from stay, cash collateral motions and the
myriad of bankruptcy motions that will be filed in this case;
(c) file objections to claims, if necessary;
(d) perform legal work necessary to sell property of the
estate;
(e) draft, file and prosecute adversary proceedings necessary
to determine the extent, validity and priority of liens;
(f) draft, file and prosecute avoidance actions if necessary;
(g) draft, file and prosecute adversary proceedings, motions
and contested pleadings as necessary;
(h) prepare and file a Plan and Disclosure Statement;
(i) conduct discovery that is required for the completion of
the case or any matter associated with the case;
(j) perform all legal matters that are necessary for the
completion of the case; and
(k) perform miscellaneous legal duties to complete the
bankruptcy case.
The firm will be paid as follows:
Julie Koenig, Attorney $450 per hour
Paralegal $125 per hour
Prior to filing the bankruptcy case, the Debtor paid the firm
$20,000 as retainer, plus the filing fee of $1,738.
Ms. Koenig 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:
Julie Koenig, Esq.
Cooper & Scully, P.C.
900 Jackson St Ste 100
Dallas, TX 75202
Tel: (214) 712-9500
About Wolf's Lair Ranch, LLC
Wolf's Lair Ranch LLC owns six separate land tracts in Kimble
County, Texas, with a combined value of $3.19 million, according to
a court document citing valuations by the Kimble County Appraisal
District. The holdings include parcels from surveys such as M R
Braggins Survey #36 and T W & N G R R Co Surveys #25 and #61,
totaling several hundred acres across the county.
Wolf's Lair Ranch LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-32890) on May 27,
2025. In its petition, the Debtor reports total assets of
$3,188,280 and total liabilities of $4,778,519.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the case.
The Debtors are represented by Julie M. Koenig, Esq. at COOPER &
SCULLY, P.C.
WORKSPORT LTD: April Sales Hit $1.22M, Driven by AL4 Launch
-----------------------------------------------------------
Worksport Ltd., a U.S. based manufacturer and innovator of hybrid
and clean energy solutions for the light truck, overlanding, and
global consumer goods sectors, is excited to announce record-high
April sales totaling about $1.22 million, with its premium AL4
tonneau cover accounting for approximately 40% of total product
sales -- a milestone achievement for a product that launched just
weeks earlier.
As of the end of April 2025, 80% of the AL4 product line -- 20 out
of 25 planned models -- has been successfully rolled out. With only
five additional models remaining to complete a full application
lineup, Worksport anticipates the line's growth trajectory to
continue accelerating through Q2 and beyond. Dealer adoption of the
AL4 has also shown encouraging momentum, following a classic
snowball pattern where initial sample orders often lead to
expanded, repeatable purchases from new dealer accounts.
"The AL4's performance just weeks after availability exceeded our
internal expectations of uptake, and validates the significant
market demand for American-made, premium tonneau covers," said
Steven Rossi, Chief Executive Officer of Worksport Ltd. "Its
success is already being felt in both our dealer and
direct-to-consumer channels. We believe this is only the beginning,
with more SKUs on the way and a strong dealer reorder cycle
emerging."
Management notes that the AL4's rapid uptake is a key contributor
to the Company's strengthening revenue base, driven by its blend of
durability, user-centric features, and competitive pricing.
Manufactured in Worksport's state-of-the-art U.S. facility using
over 90% domestic content, the AL4 continues to differentiate
itself from foreign-sourced alternatives that often lack the
quality and margin profile desired by Worksport's growing network
of dealers.
Looking ahead, the Company expects Q2 revenue to notably surpass Q1
results, driven by the AL4 ramp-up, expanding B2B dealer
relationships, and continued strength in e-commerce. Management
also anticipates stronger revenue acceleration in Q3 and Q4, as
Worksport prepares to introduce its upcoming clean-tech
innovations--the SOLIS solar-integrated tonneau cover and the COR
portable power system--later in 2025.
Worksport believes the combination of a robust tonneau cover
business and emerging clean-tech product pipeline positions the
Company for substantial growth, expanding margins, and enhanced
shareholder value in the quarters ahead.
About Worksport Ltd.
West Seneca, N.Y.-based Worksport Ltd., through its subsidiaries,
designs, develops, manufactures, and owns intellectual property on
a portfolio of tonneau cover, solar integration, portable power
station, and NP (Non-Parasitic), Hydrogen-based green energy
products and solutions for the automotive aftermarket accessories,
power storage, residential heating, and electric vehicle-charging
industries.
Buffalo, N.Y.-based Lumsden & McCormick, LLP, the Company's auditor
since 2022, issued a "going concern" qualification in its report
dated Mar. 27, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has suffered recurring losses from operations and has an
accumulated deficit, that raise substantial doubt about its ability
to continue as a going concern. The Company recorded a net loss of
$16,163,789 for the year ended December 31, 2024, and has an
accumulated deficit of $64,476,966 as of December 31, 2024.
As of Dec. 31, 2024, the Company had $25,736,660 in total assets,
$8,323,029 in total liabilities, and a total stockholders' equity
of $17,413,631.
WORTHY'S RUN: Hires Law Office of David Cahn LLC as Counsel
-----------------------------------------------------------
Worthy's Run Furniture, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Maryland to employ the Law Office of
David Cahn, LLC as counsel.
The firm's services include:
a. advising the Debtor legal advice with respect to his powers
and duties as Debtor-in-Possession;
b. advising the Debtor concerning, and assisting in the
negotiation and documentation of, financing agreements, debt
restructurings, cash collateral arrangements and related
transactions, as applicable;
c. representing the Debtor in defense of any proceedings
instituted to reclaim property or to obtain relief from the
automatic stay under section 362(a) of the bankruptcy Code;
d. representing the Debtor in any proceedings instituted with
respect to use of cash collateral;
e. attending any and all meetings pursuant to 11 U.S.C. Sec.
341 and any and all court hearings scheduled;
f. reviewing the nature and validity of liens asserted against
the property of the Debtor and advising the Debtor concerning the
enforceability of such liens, as applicable;
g. advising the Debtor concerning the actions that it might
take to collect and to recover property for the benefit of the
Debtor's estate;
h. preparing on behalf of the Debtor all necessary and
appropriate applications, motions, pleadings, draft orders,
notices, schedules and other documents, and reviewing all financial
and other reports to be filed in this Chapter 11 case;
i. advising the Debtor concerning, and preparing responses to,
applications, motion, pleadings, notices and other papers that nay
be filed and service in this Chapter 11 case;
j. counseling the Debtor in connection with the formulation,
negotiation and promulgation of a plan of reorganization or
liquidation and related documents;
k. performing all other legal services it is qualified to
handle for and on behalf of the Debtor that may be necessary or
appropriate in the administration of this Chapter 11 case; and
l. performing all other legal services for the Debtor which
may be necessary herein and to accomplish the goals of this
reorganization.
David Cahn will be paid at these hourly rates:
Attorney $350
Paralegal $100
The firm received a retainer fee of $10,000 from Debtor, and filing
fee of $1,738..
David E. Cahn, Esq., at the Law Office of David Cahn, LLC,
disclosed in court filing that the firm is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
David E. Cahn, Esq.
Law Office of David Cahn, LLC
13842A Outlet Dr., #175
Silver Spring, MD 20904
Tel: (301) 799-8072
About Worthy's Run Furniture, LLC
Worthy's Run Furniture, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Md. Case No. 25-14820) on May
28, 2025. In the petition signed by Todd A. Gladfelter, sole
member, the Debtor disclosed up to $50,000 in assets and up to
$500,000 in liabilities.
David Cahn, Esq., at Law Office of David Cahn, LLC, represents the
Debtor as bankruptcy counsel.
WW INTERNATIONAL: Modifies Restructuring Support Deal
-----------------------------------------------------
As previously reported, on May 6, 2025, WW International, Inc. and
certain of its subsidiaries entered into a restructuring support
agreement (including a restructuring term sheet annexed thereto
(the "Reorganization Term Sheet") and together with all annexes and
exhibits thereto, the "RSA") with certain holders of, or investment
advisors, sub-advisers or managers of discretionary accounts that
hold, loans and/or revolving commitments (the "Credit Agreement
Claims") under the Company's credit agreement and the Company's
4.500% senior secured notes due 2029 (the "Senior Secured Notes
Claims" and together with the Credit Agreement Claims, the "First
Lien Claims") (collectively, the "Initial Consenting Creditors"
and, together with any subsequent holder, investment advisor,
sub-adviser or manager that has or will become a party to the RSA
by joinder, the "Consenting Creditors").
On May 30, 2025, the Company Parties and the requisite Consenting
Creditors (the "Requisite Consenting Creditors") agreed (which
agreement is binding on all Consenting Creditors) to modify certain
of the terms of the reorganization.
As previously disclosed, each holder of First Lien Claims will
receive, among other recoveries, its pro rata share of $465 million
of takeback debt (which, at the time of the initial RSA signing,
could have been in the form of senior secured term loans or senior
secured notes, at the election of each holder).
Pursuant to the RSA Modification, the Company Parties and the
Requisite Consenting Creditors agreed to modify the New Takeback
Debt to remove the option to elect between senior secured term
loans and senior secured notes. As a result, all New Takeback Debt
will be issued in the form of new senior secured term loans. All
other terms of the RSA remain in full force and effect.
On the same date, the Company filed with the Court:
(i) an amended Plan (the "Amended Plan") and
(ii) a supplement to the Plan (the "Plan Supplement").
The Amended Plan makes certain technical modifications as well as
implements the removal of the option to elect the form of the New
Takeback Debt.
The Plan Supplement provided substantially final versions of the
expected new governing documents for the reorganized Company and
the New Takeback Debt.
A copy of the Amended Plan is available at
https://tinyurl.com/yhy38trc
About WW International Inc.
WW International, Inc. provides weight control programs. It offers
subscriptions for commitment plans that give their clients access
to meetings and online subscriptions and give their members
guidance and access to a supportive community to help enable them
for healthy habits.
WW International filed Chapter 11 petition (Bankr. D. Del. Case No.
25-10829) on May 6, 2025. In the petition signed by Felicia
DellaFortuna, chief financial officer, the Debtor disclosed between
$1 billion and $10 billion in both assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor is represented by Christin Cho, Esq. and Simon Franzini,
Esq., at Dovel & Luner, LLP.
WYNN RESORTS: S&P Rates Senior Secured Credit Facility 'BB+'
------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '1'
recovery rating to Wynn Resorts Finance LLC's (WRF) $1.25 billion
senior secured revolving credit facility and $753 million term loan
A due in 2030. The '1' recovery rating indicates S&P's expectation
of very high (90%-100%; rounded estimate: 95%) recovery for lenders
in the event of a payment default.
WRF, a subsidiary of Wynn Resorts Ltd., intends to use proceeds
from the new term loan A and cash from its balance sheet to repay
its existing term loan A due in 2027 and for related fees and
expenses.
The transaction is largely debt-for-debt, so S&P's 'BB-' issuer
credit ratings on WRF and parent Wynn Resorts are unchanged. The
transaction extends Wynn's maturity profile, and the larger
revolver enhances liquidity.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P said, "We assigned our 'BB+' issue-level rating to WRF's
new secured credit facility, consisting of a $1.25 billion
revolving credit facility and $753 million term loan A due in 2030.
The '1' recovery rating indicates our expectation of very high
(90%-100%; rounded estimate: 95%) recovery."
-- WRF's secured lenders benefit from a security pledge of up to
15% of Wynn Las Vegas' total assets. S&P said, "Because of the
increased quantum of WRF secured debt in our simulated default
scenario (since we assume the revolver is 85% drawn at default), we
no longer estimate that WRF's emergence valuation is sufficient to
fully satisfy secured debt claims. Therefore, we now allocate 15%
of our gross enterprise value for Wynn Las Vegas to WRF's secured
lenders." As a result, there is less value available to WRF's and
Wynn Las Vegas' unsecured creditors.
-- S&P said, "Despite this change, our 'BB-' issue-level rating
and '3' recovery rating on Wynn Las Vegas' senior notes are
unchanged. However, we revised our rounded estimate for recovery to
60% from 65%. The '3' recovery rating indicates our expectation of
meaningful (50%-70%; rounded estimate: 60%) recovery."
-- WRF's unsecured noteholders benefit from an unsecured guarantee
from Wynn Las Vegas that provides a pari passu claim against the
Wynn Las Vegas value. Therefore, S&P allocates its estimate of its
value on a pro rata basis between the Wynn Las Vegas claims and WRF
unsecured claims.
-- S&P said, "Accordingly, our issue-level rating on WRF's senior
notes remains 'BB-'. Although we revised our rounded estimate of
recovery for WRF senior notes to 60% from 65%, the '3' recovery
rating is unchanged. While we previously estimated 70%-90%
recovery, the recovery rating is capped at '3' to reflect the risk
that these creditors' recovery prospects were at greater risk of
impairment by the issuance of additional priority or pari passu
debt before default, like the company's increased revolver."
-- S&P said, "Because WRF secured creditors are slightly
overcollateralized based on our emergence valuation, unsecured
noteholders would benefit from excess value after the satisfaction
of the secured claims. Wynn Las Vegas creditors do not benefit from
any residual value because WRF does not guarantee its debt
obligations. Because of this, the recovery prospects for WRF
unsecured noteholders are minimally higher than for Wynn Las Vegas
noteholders, although the difference is not sufficient to support a
higher rounded estimate or recovery rating."
-- S&P said, "Our simulated default scenario for WRF considers a
payment default in 2029 (in line with our average four-year default
assumption for 'BB-' rated credits), reflecting some combination of
a severe and prolonged global recession that impairs cash flow
across its portfolio of properties, increased competitive pressures
from other casinos on the Las Vegas Strip and in the northeast
U.S., increased borrowing for potential large-scale development
projects, and a reduced ability to distribute cash from Wynn
Macau."
-- S&P said, "Our emergence EBITDA of about $555 million is
generated by WRF's Las Vegas casinos, Encore Boston Harbor, and a
modest dividend from Wynn Macau. It incorporates significant
cyclicality in the Las Vegas market and the high quality of Wynn's
assets."
-- S&P uses a 7.5x emergence multiple to value WRF, which is 1x
higher than our average for the leisure industry because of Wynn's
very-high-quality Las Vegas and Massachusetts assets.
-- WRF's $1.25 billion revolving credit facility is 85% drawn at
default.
Simulated default assumptions
-- Year of default: 2029
-- EBITDA at emergence: About $555 million
-- EBITDA multiple: 7.5x
Simplified waterfall
-- Gross recovery value: $4.2 billion
-- Net recovery value after administrative expenses (5%): $3.9
billion
-- WRF/Wynn Las Vegas valuation split: 47%/53%
-- Value available for WRF secured claims: $1.85 billion
-- Estimated WRF secured claims: $1.81 billion
--Recovery expectations: 90%-100% (rounded estimate: 95%)
-- Residual value available for WRF unsecured claims: $40 million
-- Pro rata share of Wynn Las Vegas value: $1.6 billion
-- Total value available to WRF unsecured claims: $1.6 billion
-- Estimated senior unsecured claims: $2.6 billion
--Recovery expectations: 50%-70% (rounded estimate: 60%)
-- Value available for Wynn Las Vegas senior notes claims: $538
million
-- Estimated Wynn Las Vegas senior notes claims: $903 million
--Recovery expectations: 50%-70% (rounded estimate: 60%)
All debt amounts include six months of prepetition interest.
WYNN TEC: Seeks to Hire PPL Group LLC as Auctioneer
---------------------------------------------------
Wynn Tec, Inc. seeks approval from the U.S. Bankruptcy Court for
the Middle District of Pennsylvania to employ PPL Group LLC as
auctioneer.
The firm will sell some or all of the Debtor's assets by means of
an auction sale.
The firm will not receive a commission or payment from the Debtor.
The firm will receive 100 percent of the proceeds less $35,000 for
expenses. Auction buyers will be charged an 18 percent buyer's
premium, with 15 percent retained by Auctioneer and 3 percent
retained by service provider, unless otherwise negotiated by
Auctioneer. Pre-sale and post-sale buyers will be charged an 18
percent buyer's premium that will be exclusively retained by
Auctioneer.
Mr. Solimene 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:
Will Solimene
PPL Group LLC
105 Revere Drive, Suite C
Northbrook, IL 60062
Tel: (224) 927-5300
About Wynn Tec, Inc.
Wynn Tec Inc. is a small business corporation based in Loganton,
Pa.
Wynn Tec Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Pa. Case No. 25-00751) on March 21, 2025. In
its petition, the Debtor reported between $1 million and $10
million in both assets and liabilities.
Judge Mark J. Conway handles the case.
The Debtor is represented by Robert E Chernicoff, Esq., at
Cunningham and Chernicoff, PC.
Bayfirst National Bank, as lender, is represented by:
Keri P. Ebeck, Esq.
Bernstein-Burkley, P.C.
601 Grant Street, 9th Floor
Pittsburgh, PA 15219
Telephone: (412) 456-8112
E-mail: kebeck@bernsteinlaw.com
Clinton County, as lender, is represented by:
Justin K. Houser, Esq.
Coploff, Ryan & Houser
136 E. Water Street
Lock Haven, PA 17745
Telephone: (570) 748-7771
E-mail: jkh@crwlaw.net
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