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T R O U B L E D C O M P A N Y R E P O R T E R
Friday, June 27, 2025, Vol. 29, No. 177
Headlines
1140 REALTY: Seeks Approval to Tap Northgate as Real Estate Advisor
1300 DESERT: Seeks Chapter 11 Bankruptcy in New York
1700 EDGEWATER: Unsecureds to be Paid in Full in Liquidating Plan
26 YATES: Seeks Chapter 11 Bankruptcy in New Jersey
339 RIVER ROAD: Hires Levitt & Slafkes as Bankruptcy Counsel
4069 - 4089 MINNESOTA: Gets OK to Use Cash Collateral Until Nov. 30
A & A TAXI: Charles Persing of Bederson Named Subchapter V Trustee
ACCESSION RISK: Cliffwater Corporate Marks $12.6MM Loan at 62% Off
ACCESSION RISK: Cliffwater Corporate Marks $19.5MM Loan at 50% Off
ADVANTACLEAN OF METRO: Accounts Receivable & Income to Fund Plan
AGEAGLE AERIAL: Alpha Invests $1.5M via Series F Stock, Warrants
AI DRUGS: Jolene Wee of JW Infinity Named Subchapter V Trustee
AIO US: Seeks to Extend Plan Exclusivity to September 8
ALDRICH PUMP: Asbestos Claimants Taps Brattle Group as Expert
ALLIANCE FARM: Trustee Seeks Approval to Tap Howley Law as Counsel
AMENTUM HOLDINGS: S&P Assigns 'BB-' ICR, Outlook Stable
AORS REALTY: Hires Scura Wigfield Heyer as Attorney
AT HOME GROUP: Seeks to Hire Omni as Claims and Noticing Agent
BALERNO CASTLE: Voluntary Chapter 11 Case Summary
BAYOU TECHNOLOGIES: Seeks to Hire Patrick Gros as Accountant
BAYSIDE LIMO: Hires Ford & Semach P.A. as Bankruptcy Counsel
BISHOP OF SAN DIEGO: Boucher LLP Advises Sexual Abuse Claimants
BLACKBUSH INVESTMENTS: Taps NRG Realty Group as Real Estate Broker
BMX TRANSPORT: Seeks to Hire Keck Legal LLC as Bankruptcy Counsel
BOXLIGHT CORP: Kazazian Asset and Affiliates Hold 9.4% Stake
BOXLIGHT CORP: Second Board Exit Worsens Nasdaq Compliance Issues
BUFFALO NEWSPRESS: Hires Pyramid Brokerage as Real Estate Broker
BURGUNDIAN LLC: Seeks Subchapter V Bankruptcy in Massachusetts
CADUCEUS PHYSICIANS: No Patient Care Concern, PCO Report Says
CARE PAVILION: PCO Reports Staffing Shortages
CAROLINA'S CONTRACTING: Smith Debnam Represents Creditors
CBRM REALTY: Hires Kurtzman Carson as Administrative Advisor
CHAMPION IRON: S&P Assigns 'BB-' ICR, Outlook Stable
CHERRY & CANDLEWOOD: Taps Commercial Real Estate as Broker
CHG US: Seeks to Hire Cassel Salpeter as Investment Banker
CITIUS PHARMACEUTICALS: Raises $6M in Registered Direct Offering
CITY OF CLE ELUM, WA: Chapter 9 Case Summary
CORVIAS CAMPUS: Case Summary & 20 Largest Unsecured Creditors
CORVIAS CAMPUS: Seeks Chapter 11 Bankruptcy in Delaware
CP ATLAS BUYER: S&P Downgrades ICR to 'CCC+' on Elevated Leverage
CRYPTO CO: Reports Q1 Loss of $612K on $2.9K Revenue
CYTTA CORP: Drops Prager Metis After Fake AI-Driven Sales Orders
DANIMER SCIENTIFIC: Unsecureds to Recover Up to 2% of Claims
DARKPULSE INC: Taps Ex-CBP Exec via Kraken for Border Tech Deal
DELEK LOGISTICS: Fitch Lowers IDR to 'B+', Outlook Stable
DELEK LOGISTICS: S&P Assigns 'BB-' Rating on Sr. Unsecured Notes
DELEK US: Fitch Lowers IDR to 'B+', Outlook Stable
DIOCESE OF BURLINGTON: Catholic Abuse Claims Data Breach Reported
DIOCESE OF SAN DIEGO: Law Office of James Files Rule 2019 Statement
DISCOVER QUARTZ: Seeks to Hire Mickler & Mickler as Legal Counsel
DISCOVER QUARTZ: Seeks to Use Cash Collateral
DOUBLE HELIX: Steven Wallace Named Subchapter V Trustee
EEHF 18: Gets Interim OK to Use Cash Collateral
EEHF 18: Seeks to Hire John F. Sommerstein as Legal Counsel
ELETSON HOLDINGS: 2nd Circ. Stays Reed Smith Doc. Disclosure Order
ELIS HOLDINGS: Seeks Approval to Tap J. Zac Christman as Counsel
ENVISION HEALTHCARE: Reaches Debt Agreement with Lenders
EPIC COMPANIES: Files Amendment to Disclosure Statement
ESSENTIALS MASSAGE: Seeks to Hire Feher Law as Bankruptcy Counsel
EXCELL COMMUNICATIONS: Committee Hires Porzio Bromberg as Counsel
FIBERCO GENERAL: Unsecureds to Get Share of Income for 5 Years
FINGER LAKE: Trustee Taps WNW Management as Manager of Best Western
FINLEY DESIGN: Seeks to Hire Sasser Law Firm as Bankruptcy Counsel
FLIP LLC: Seeks to Hire the Law Offices of Ali K LLC as Counsel
FRED RAU: Seeks to Hire Fear Waddell as General Insolvency Counsel
FRONTIER COMMUNICATIONS: Fitch Keeps 'B+' LongTerm IDR on Watch Positive
FUNDIMENSION LLC: Unsecureds to Get 7.63% of Claims over 36 Months
GILDED GATHERINGS: Michael Carmel Named Subchapter V Trustee
GLOBAL ALARM: Seeks Approval to Hire Han Fife & Co as Tax Expert
GLOBAL CONCESSIONS: Gets Extension to Access Cash Collateral
HAPPY HOME: Seeks to Hire Hacker Law Firm as Bankruptcy Counsel
HARVEST SHERWOOD: Court Gives $104MM Final DIP Approval
HARVEY CEMENT: Gets Extension to Use Cash Collateral
HENDERSON RECOVERY: Gets Interim OK to Use Cash Collateral
HERITAGE PORTRAITS: Hires Russo White & Keller PC as Counsel
HOLDEN I LLC: Seeks Court Approval to Hire CRE-Mobile as Realtor
HONEY DO FRANCHISING: Taps Muhammed Zubairy as Accountant
HOOTERS OF AMERICA: Creditors Object to $6MM Breakup Fee
HOP-HEDZ INC: Hires Renaissance Consulting as Financial Advisor
HOP-HEDZ INC: Seeks to Hire Erik Johanson PLLC as Special Counsel
HOUSE OF PRAYER: Seeks to Hire Sagre Law Firm P.A. as Counsel
HUDSON RIVER: $250MM Term Loan Upsize No Impact Moody's 'Ba2' CFR
ILLUMINATE PROPERTIES: Seeks Chapter 11 Bankruptcy in California
IMERYS TALC: Insurers Maintain Objections to Chapter 11 Plan
INNOVATE CORP: Shareholders Approve All Proposals at Annual Meeting
IWC OIL & REFINERY: Seeks Chapter 11 Bankruptcy in Texas
JAL OUTLET: Seeks Chapter 11 Bankruptcy in Puerto Rico
JOE'S PIZZA: Seeks Subchapter V Bankruptcy in California
JSP MANAGEMENT: U.S. Trustee Unable to Appoint Committee
JULZ DEVELOPMENT: Unsecured Creditors to be Paid in Full in Plan
KIDZ TYME: Seeks Approval to Tap Hixson Law Group as Legal Counsel
KOLSTEIN MUSIC: Hires Latham Luna Eden & Beaudine as Counsel
L & H PHARMA: Claims to be Paid From Available Cash and Income
LAKE COUNTY: Court Extends Cash Collateral Access to July 31
LAVISH LIFESTYLES: U.S. Trustee Unable to Appoint Committee
LAZARUS INDUSTRIES: Hearing to Use Cash Collateral Set for June 30
LEISURE INVESTMENTS: Taps Greenhill & Co. as Investment Banker
LEISURE INVESTMENTS: Taps Keen-Summit as Real Estate Advisor
LILYDALE PROGRESSIVE: Gets Extension to Access Cash Collateral
MARCO'S PIZZA: Unsecureds Will Get 100% of Claims in Plan
MARELLI HOLDINGS: Nissan, Tesla Selected for Creditors' Committee
MARK'S POOL: Hires EisnerAmper LLP as Financial Consultant
MARVEL LIGHTING: Judy Wolf Weiker Named Subchapter V Trustee
MASS POWER: Unsecured Creditors Will Get 15% of Claims in Plan
MAVENIR PRIVATE: S&P Withdraws 'CC' Issuer Credit Rating
MEYER BURGER: Swiss Company Seeks Chapter 11 Bankruptcy
MISSION POINT: Quality of Care Maintained, PCO Reports
MY GEORGIA PLUMBER: Taps Jones Lang LaSalle as Real Estate Broker
NELROY DRUGS: Samuel Dawidowicz Named Subchapter V Trustee
NEWS DIRECT: Gets OK to Use $60K in Cash Collateral Until July 2
NICK'S PIZZA: Court Extends Cash Collateral Access
NOAHCO LLC: Voluntary Chapter 11 Case Summary
NORMAN REGIONAL: S&P Lowers Bond Rating to 'CCC', Outlook Negative
NORTHPOINT DEVELOPMENT: Gets Extension to Access Cash Collateral
NORTIA LOGISTICS: Hires David Freydin PC as Bankruptcy Counsel
NV FREIGHT: Voluntary Chapter 11 Case Summary
OMEGA THERAPEUTICS: Seeks to Extend Plan Exclusivity to September 8
OMEGA THERAPEUTICS: Unsecureds Will Get 32% to 57% of Claims
OMIMEX PETROLEUM: 60-Day Extension for Plan Filing Granted
ONESOURCE COMMUNITY: No Decline in Patient Care, PCO Report Says
OSTENDO TECHNOLOGIES: Case Summary & 20 Top Unsecured Creditors
OUTLAW STEAKBURGERS: Hires CGP and Profit Builders as Accountants
PARLEMENT TECHNOLOGIES: Unsecureds to Recover Up to 2% of Claims
PRIME CAPITAL: Trustee Hires Geron Legal Advisors as Legal Counsel
PRIME CAPITAL: Trustee Taps Klestadt Winters as Litigation Counsel
PRIMERO SPINE: Unsecureds to Get $8K per Quarter over 60 Months
PROFESSIONAL MAIL: Seeks Chapter 11 Bankruptcy in North Carolina
QT HAU: Court Extends Cash Collateral Access to July 31
QT HAU: Seeks to Hire Century 21 Commercial as Real Estate Broker
QXC COMMUNICATIONS: Seeks to Use $27,271 in Cash Collateral
RESHAPE LIFESCIENCES: Raises $2.6M via Public Stock Offering
RGN-GROUP: Teachers Insurance Appeal Can't Proceed to Mediation
SAKS GLOBAL: In Talks to Secure $600MM Fresh Debt as Payment Looms
SANCTUARYSPA INC: Seeks to Tap Michael Jay Berger as Legal Counsel
SEABORNE AIRLINES: Seeks Court OK for 'Going Concern' Sale
SILVER AIRWAYS: Court Pauses Trustee Appointment, Auction Proceeds
SKYSKOPES INC: Seeks to Tap Cavanagh Law Firm as Bankruptcy Counsel
SLM SERVICES: Case Summary & 20 Largest Unsecured Creditors
SOLANO HOME: Seeks to Tap Peter G. Macaluso as Bankruptcy Counsel
SOLANO HOME: Seeks to Use Cash Collateral Thru Aug 15
SOUTH JEFFERSON: Alomari, et al. Case Remanded to State Court
SOYUZ MEDIA: Plan Exclusivity Period Extended to July 6
STELLA SIOMKOS: Court Won't Stay Turnover Order Pending Appeal
STERNE WOOD: Seeks to Tap Marcus & Millichap as Real Estate Broker
STOLI GROUP: Gets Court OK to Solicit Chapter 11 Plan Votes
TECHNO TOY: Unsecureds Will Get 5% of Claims over 60 Months
TEHUM CARE: Ch. 11 Can't Protect Spinoff from Suits, Say Inmates
TOWER HEALTH: Fitch Affirms 'CCC' LongTerm IDR
TRAINSET'S EFFECTS: Claims to be Paid from Continued Operations
TWIN CITIES: Seeks to Hire Darlene Burke CPA PA as Accountant
VEGAS TREASURES: Seeks Subchapter V Bankruptcy in Nevada
VINCENT GALLO: Seeks to Hire Eugene D. Roth as Bankruptcy Counsel
WHITESTONE CROSSING: Taps Abhijit Modak and James Miller as Counsel
WINTHROP STREET: Seeks to Hire Murphy & King as Bankruptcy Counsel
WOODBURY LEADERSHIP: S&P Rates 2025A/B Lease Revenue Bonds 'BB-'
WYNN RESORTS: Extends Debt Maturities to 2030, Adds $500M Revolver
YELLOW CORP: Fights Pension Withdrawal Ruling w/ MFN at 3rd Circuit
ZEN JV LLC: CareerBuilder + Monster in Chapter 11 to Sell Sites
ZEN JV: Case Summary & 30 Largest Unsecured Creditors
[] O'Melveny Launches Special Credit & Liability Management Group
*********
1140 REALTY: Seeks Approval to Tap Northgate as Real Estate Advisor
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1140 Realty Group LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to employ Northgate Real
Estate Group as real estate advisor.
The Debtor needs an agent to market and sell its property.
The firm is entitled to the following compensation:
(a) a 6 percent commission in the form of the buyer's
premium;
(b) a $40,000 commission if the secured creditor credit bids
and closed on its bid;
(c) a 6 percent refinancing fee if the property is refinanced;
or
(d) a minimum of $40,000 fee.
Greg Corbin, president at Northgate Real Estate Group, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Greg Corbin
Northgate Real Estate Group
1633 Broadway 46th Floor
New York, NY 10019
Telephone: (212) 369-4000
Email: info@northgatereg.com
About 1140 Realty Group
1140 Realty Group LLC is a Brooklyn-based real estate company,
operates as a single asset real estate entity with its principal
property located at 1140 Bushwick Avenue in Brooklyn.
1140 Realty Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40318) on January 23,
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 Jil Mazer-Marino handles the case.
Joel M. Shafferman, Esq. at Shafferman & Feldman LLP represents the
Debtor as counsel.
1300 DESERT: Seeks Chapter 11 Bankruptcy in New York
----------------------------------------------------
On June 22, 2025, 1300 Desert Willow Road LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of New York. According to court filing, the
Debtor reports between $10 million and $50 million in debt owed
to 1 and 49 creditors. The petition states funds will be available
to unsecured creditors.
About 1300 Desert Willow Road LLC
1300 Desert Willow Road LLC owns a property at 1300 Desert Willow
Road in Los Lunas, New Mexico, valued at $40 million.
1300 Desert Willow Road LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11375) on June
22, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
The Debtors are represented by H Bruce Bronson, Esq. at BRONSON LAW
OFFICES PC.
1700 EDGEWATER: Unsecureds to be Paid in Full in Liquidating Plan
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1700 Edgewater LLC filed with the U.S. Bankruptcy Court for the
District of Oregon a First Amended Disclosure Statement describing
First Amended Plan of Liquidation dated June 11, 2025.
The Debtor was formed for the purpose of owning, developing, and
managing real property in Oregon on November 18, 2021. The Debtor
owns 63.10 acres of real property that contains developable land
area of approximately 39.14 acres, located at 1750 Edgewater Road
N, Salem, Oregon (the "Property").
The Debtor filed bankruptcy to prevent AMR's foreclosure sale of
the Property, to preserve Debtor's significant equity in the
Property. The Debtor's most recent appraisal for the Property from
BBG Real Estate Services values the Debtor's Property at
$15,300,000, based on a 12 to 24 months exposure and marketing
time.
However, the $15,300,000 appraised value assumes that the Debtor
will be able to acquire an additional 10 acres of land neighboring
the Property. Debtor previously had signed a purchase and sale
agreement in 2023, to purchase the neighboring 10 acres. The
purchase and sale agreement expired, but Debtor has been in
negotiations with the owner to execute a new purchase and sale
agreement, which the Debtor believes is imminent.
Since the petition date, Debtor has been seeking financing to
refinance AMR's debt, to allow development and construction to
proceed. Debtor has also employed Hilco Real Estate, LLC to market
and sell the Property.
Class 2 consists of General Unsecured Creditors. All allowed Class
2 Claims shall be paid in full on the Effective Date, with all
interest accrued from the petition date, at the federal judgment
interest rate in effect as of the date the Plan is confirmed. At
the time of filing of this disclosure statement the federal
judgment rate was 3.97% per annum, but the rate may change prior to
confirmation. This Class is unimpaired.
Class 3 consists of Interest Holders. Equity/Interest Holders shall
retain their interests in the Debtor.
The Debtor shall generate the funds necessary to make the payments
under the Plan by selling its property or refinance to pay off all
outstanding debts. The Debtor, creditors, and interest holders will
take all actions and execute whatever documents are necessary and
appropriate to effectuate the terms of the Plan.
The Debtor does not have income, and will not have income until a
Capital Event occurs. Prior to the Effective Date, Debtor shall pay
operational expenses—primarily insurance and property taxes with
funds contributed to the Debtor by Debtor's sole member, Charles
Sides. Such contributions will be capital contributions by a
member, and not loans.
A full-text copy of the First Amended Disclosure Statement dated
June 11, 2025 is available at https://urlcurt.com/u?l=zAM0I3 from
PacerMonitor.com at no charge.
About 1700 EDGEWATER, LLC
1700 Edgewater LLC was formed for the purpose of owning,
developing, and managing real property in Oregon on November 18,
2021.
The Debtor sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Ore. Case No. 24-62194) on Sept.
30, 2024. In the petition filed by Charles A. Sides, as member, the
Debtor reports estimated assets between $10 million and $50 million
and estimated liabilities between $1 million and $10 million.
The Honorable Bankruptcy Judge David W. Hercher handles the case.
The Debtor is represented by:
Nicholas J. Henderson, Esq.
ELEVATE LAW GROUP
6000 SW Meadows Road, Suite 450
Lake Oswego, OR 97035
Tel: (503) 417-0500
Email: nick@elevatelawpdx.com
26 YATES: Seeks Chapter 11 Bankruptcy in New Jersey
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On June 23, 2025, 26 Yates LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the District of New Jersey. According to
court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will not be available to unsecured creditors.
About 26 Yates LLC
26 Yates LLC leases residential and commercial real estate
properties.
26 Yates LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D.N.J. Case No. 25-16592) on June 23, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtors are represented by Solomon Rosengarten, Esq.
339 RIVER ROAD: Hires Levitt & Slafkes as Bankruptcy Counsel
------------------------------------------------------------
339 River Road Holdings LLC seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey to hire Levitt & Slafkes, P.C.
to handle its Chapter 11 case.
The hourly rates of the firm's counsel and staff are:
Partners $500
Associates $300
The firm will received a retainer fee of $30,000 from the Debtor,
plus $1,738 filing fee.
Bruce Levitt, Esq., an attorney at Levitt & Slafkes, disclosed in a
court filing that his firm is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Bruce H. Levitt, Esq.
LEVITT & SLAFKES, PC
515 Valley Street, Suite 140
Maplewood, NJ 07040
Telephone: (973) 313-1200
Email: blevitt@lsbankruptcylaw.com
About 339 River Road Holdings LLC
339 River Road Holdings LLC 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.
339 River Road Holdings LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-16275) on June 12,
2025. In its petition, the Debtor reports total assets of $80
million and total liabilities of $55,569,838.
The Debtors are represented by Bruce H. Levitt, Esq. at LEVITT &
SLAFKES, P.C.
4069 - 4089 MINNESOTA: Gets OK to Use Cash Collateral Until Nov. 30
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H. Jason Gold, the Chapter 11 trustee for 4069-4089 Minnesota Ave,
NE, LLC, got the green light from the U.S. Bankruptcy Court for the
District of Columbia to use cash collateral.
The court's order authorized the Debtor to utilize cash collateral
to pay the expenses set forth in its budget for the period from May
5 to November 30 or until the date on which the court enters an
order confirming the occurrence of an
event of default.
The Debtor's cash collateral consists of rents, profits and other
proceeds generated by its property -- an apartment complex located
at 4069-4089 Minnesota Ave NE, Washington, District of Columbia.
The property is encumbered by a first priority lien to secure the
$15,500,000 loan made to the Debtor by ROCF IV Series, a Series of
Red Oak Capital Fund Series, LLC.
In case the cash collateral is insufficient to pay the expenses
specified in the budget, Red Oak may advance to the trustee
additional funds from the $2,289,988.99 held by the secured lender
in a reserve fund.
All funds advanced by Red Oak will be added to claims arising in
connection with the loan agreement, will be secured by the lender's
lien in the collateral, and will be repaid out of the proceeds of
any sale of the Minnesota property, provided that the property
generates a price sufficient to repay the lender's claims in full.
As protection for the Debtor's use of its cash collateral, Red Oak
will be granted, continuing replacement liens on the Debtor's real
and personal property and the proceeds thereof, with the same
validity and priority as the lender's pre-bankruptcy liens. The
replacement liens do not apply to any Chapter 5 causes of action
and are junior and subordinate only to the "carveout."
As additional protection, Red Oak will be granted superpriority
administrative expense claims in the amount of any shortfall in
collateral securing the replacement liens.
The court will hold a status conference on July 30 to address
certain unresolved issues.
Red Oak and the trustee have stipulated that the outstanding
balance of the loan
as of the petition date was $14,215,433.37, with $2,289,988.99
being held by the lender in a reserve fund.
Pursuant to the loan agreement, the reserves are subject to the
lender's first priority lien and security interest and the lender
has agreed that the reserves constitute cash collateral.
Red Oak is represented by:
Adam D. Herring, Esq.
Nelson Mullins Riley & Scarborough, LLP
201 17th Street, NW, Suite 1700
Atlanta, GA 30363
Phone: (404) 322-6000
Fax: (404) 322-6050
adam.herring@nelsonmullins.com
About 4069 - 4089 Minnesota Ave NE
4069 - 4089 Minnesota Ave, NE, LLC is a debtor with a single real
estate asset, as outlined in 11 U.S.C. Section 101(51B).
4069 - 4089 Minnesota Ave sought filed Chapter 11 petition (Bankr.
D. D.C. Case No. 25-00070) on Feb. 27, 2025, listing between $10
million and $50 million in both assets and liabilities. Oscar
Portillo, managing member, signed the petition.
Judge Elizabeth L Gunn oversees the case.
The Law Offices of Richard B. Rosenblatt, PC serves as the Debtor's
bankruptcy counsel.
A & A TAXI: Charles Persing of Bederson Named Subchapter V Trustee
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The U.S. Trustee for Region 2 appointed Charles Persing, a
certified public accountant at Bederson, LLP, as Subchapter V
trustee for A & A Taxi, Inc.
Mr. Persing will be paid an hourly fee of $500 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Persing declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Charles N. Persing, CPA/CFF, CVA, CIRA, CFE
Bederson LLP
100 Passaic Avenue, Suite 310
Fairfield, NJ 07004
Phone: (973) 530-9181
Fax: (862) 926-2481
Email: cpersing@bederson.com
About A & A Taxi Inc.
A & A Taxi, Inc. provides taxi transportation services in the New
York area.
A & A Taxi sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11297) on June 9,
2025. In its petition, the Debtor reported up to $50,000 in assets
and $3,338,573 in liabilities.
The Debtor is represented by Thomas A. Farinella, Esq., at the Law
Office of Thomas A. Farinella, PC.
ACCESSION RISK: Cliffwater Corporate Marks $12.6MM Loan at 62% Off
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Cliffwater Corporate Lending Fund (CCLFX) has marked its
$12,600,000 loan extended to Accession Risk Management Group, Inc.
Ltd. to market at $4,830,490 or 38% of the outstanding amount,
according to CCLFX's Form N-CSR for the fiscal year ended March 31,
2025, filed with the U.S. Securities and Exchange Commission.
CCLFX is a participant in a Delayed Draw to Accession Risk
Management Group, Inc. Ltd. The loan accrues interest at a rate of
9.05% per annum. The loan matures on November 1, 2029.
CCLFX is a Delaware statutory trust registered under the Investment
Company Act of 1940, as a closed-end management investment company
operating as an interval fund. The Fund operates under an Agreement
and Declaration of Trust, as most recently amended and restated on
September 15, 2021. The Fund operates as a diversified fund, which
means that at least 75% of the value of its total assets is
represented by cash and cash items, government securities,
securities of other investment companies, and other securities for
the purposes of this calculation limited in respect of any one
issuer to an amount not greater than 5% of the value of the total
assets of the Fund and to not more than 10% of the outstanding
voting securities of such issuer. Cliffwater LLC serves as the
investment adviser of the Fund.
CCLFX is led by Stephen Nesbitt, President and Principal Executive
Officer, and Lance J. Johnson as Principal Financial Officer.
The Fund can be reach through:
Stephen Nesbitt
Cliffwater Corporate Lending Fund
235 West Galena Street
Milwaukee, WI 53212
Telephone: (414) 299-2000
About Accession Risk Management Group, Inc. Ltd.
Accession Risk Management Group is a family of insurance
distribution and specialty risk management companies, powered by a
shared vision - where a focus on employee and client needs drives
its value and success.
ACCESSION RISK: Cliffwater Corporate Marks $19.5MM Loan at 50% Off
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Cliffwater Corporate Lending Fund (CCLFX) has marked its
$19,521,708 loan extended to Accession Risk Management Group, Inc.
Ltd. to market at $9,783,773 or 50% of the outstanding amount,
according to CCLFX's Form N-CSR for the fiscal year ended March 31,
2025, filed with the U.S. Securities and Exchange Commission.
CCLFX is a participant in a Delayed Draw to Accession Risk
Management Group, Inc. Ltd. The loan accrues interest at a rate of
9.04% per annum. The loan matures on November 1, 2029.
CCLFX is a Delaware statutory trust registered under the Investment
Company Act of 1940, as a closed-end management investment company
operating as an interval fund. The Fund operates under an Agreement
and Declaration of Trust, as most recently amended and restated on
September 15, 2021. The Fund operates as a diversified fund, which
means that at least 75% of the value of its total assets is
represented by cash and cash items, government securities,
securities of other investment companies, and other securities for
the purposes of this calculation limited in respect of any one
issuer to an amount not greater than 5% of the value of the total
assets of the Fund and to not more than 10% of the outstanding
voting securities of such issuer. Cliffwater LLC serves as the
investment adviser of the Fund.
CCLFX is led by Stephen Nesbitt, President and Principal Executive
Officer, and Lance J. Johnson as Principal Financial Officer.
The Fund can be reach through:
Stephen Nesbitt
Cliffwater Corporate Lending Fund
235 West Galena Street
Milwaukee, WI 53212
Telephone: (414) 299-2000
About Accession Risk Management Group, Inc. Ltd.
Accession Risk Management Group is a family of insurance
distribution and specialty risk management companies, powered by a
shared vision - where a focus on employee and client needs drives
its value and success.
ADVANTACLEAN OF METRO: Accounts Receivable & Income to Fund Plan
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Advantaclean of Metro New Orleans, LLC filed with the U.S.
Bankruptcy Court for the Eastern District of Louisiana an Original
Subchapter V Plan of Reorganization dated June 11, 2025.
The Debtor operates a business specializing in light environmental
services, primarily focused on moisture control, mold remediation,
air duct cleaning, water damage restoration, and related indoor air
quality solutions.
The Debtor sought bankruptcy protection because of, among other
things, the seizure of its operating account at Gulf Coast Bank &
Trust Company by ARG on or about March 7, 2025. The Debtor was able
to recover the entirety of the $67,000.00 seized and deposited this
amount into its debtor-in-possession bank account.
This case was commenced under Subchapter V of Chapter 11 of the
Bankruptcy Code. Subchapter V enables small business debtors to
effectively reorganize in Chapter 11.
The Debtor has formulated this Plan of Reorganization. The Debtor
intends to distribute its Projected Disposable Income and the Net
Proceeds of Causes of Action relating to uncollected accounts
receivables to holders of Allowed Claims over the Commitment
Period.
Class 7 contains holders of Allowed General Unsecured Claims. Each
holder of an Allowed General Unsecured Claim shall receive, in full
and final satisfaction, settlement, release, and discharge of its
Allowed General Unsecured Claim, a Pro Rata share of:
* Thirty-six monthly deferred Cash payments in the amount of
$2,000.00 beginning on the latter of: (a) the Initial Distribution
Date; or (b) the first Distribution Date after the order allowing
such General Unsecured Claim becomes a Final Order; and
* Ten percent of the Net Proceeds from the liquidation of the
Debtor's uncollected accounts receivable.
Class 7 is Impaired. Holders of Class 8 Claims are entitled to vote
to accept or reject this Plan.
Class 8 consists of Equity Security Holders Scott Phillips and
Jonathan Porter. As the sole holders of Equity Securities in the
Debtor, Scott Phillips and Jonathan Porter shall retain their
membership interests. Scott Phillips and Jonathan Porter are
Unimpaired, and thus, is deemed to accept this Plan.
The Debtor shall fund the Plan from two sources: Projected
Disposable Income and the Net Proceeds of the Accounts Receivable.
The Debtor estimates that its Projected Disposable Income during
the Commitment Period will be an average of $18,500.00 per month.
The monthly payments under this Plan was $15,546.56. Reorganized
Debtor will distribute its Projected Disposable Income is
accordance with this Plan.
To the extent necessary to meet Plan obligations, Reorganized
Debtor shall maintain reasonable business expenses and control
overhead to preserve Projected Disposable Income available for
distribution. Reorganized Debtor shall 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 Original Subchapter V Plan dated June 11,
2025 is available at https://urlcurt.com/u?l=eM5hbv from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Ryan J. Richmond, Esq.
Sternberg, Naccari & White, LLC
935 Gravier St.
New Orleans, LA 70112
Telephone: (504) 324-2141
Facsimile: (225) 286-3046
Email: ryan@snw.law
About AdvantaClean of Metro New Orleans
AdvantaClean of Metro New Orleans LLC is a provider of mold
remediation, water damage restoration, air duct cleaning, and
moisture management services for both homes and businesses. With an
emphasis on fostering healthier living spaces, the Company offers
solutions for problems such as flooding, mold issues, and crawl
space sealing. As a locally owned and managed business,
AdvantaClean is dedicated to offering professional, dependable, and
top-quality services to the New Orleans area.
AdvantaClean of Metro New Orleans LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. La. Case No.: 25-10439)
on March 13, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 ad estimated liabilities between $1 million to
$10 million.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
Ryan J. Richmond, Esq., at Sternberg, Naccari & White, LLC serves
as the Debtor's counsel.
Hancock Whitney Bank, as lender, is represented by:
Peter J. Segrist, Esq.
David J. Scotton, Esq.
Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, L.L.C.
1100 Poydras Street, Suite 3100
New Orleans, Louisiana 70163
Telephone: (504) 585-3800 Fax: (504) 585-3801
Email: segrist@carverdarden.com
scotton@carverdarden.com
AGEAGLE AERIAL: Alpha Invests $1.5M via Series F Stock, Warrants
----------------------------------------------------------------
As previously reported on a Current Report on Form 8-K filed on
June 30, 2022, AgEagle Aerial Systems Inc. entered into a
Securities Purchase Agreement, dated June 26, 2022, as subsequently
amended by the Series F SPA Amendment Agreement dated February 8,
2024 and the Series F SPA Amendment Agreement dated July 25, 2024,
with Alpha Capital Anstalt, pursuant to which Alpha purchased
10,000 shares of the Company's Series F 5% Convertible Preferred
Stock and a warrant to purchase 5,212,510 shares of the Company's
Common Stock. Pursuant to the terms of the SPA, Alpha had the right
to purchase up to an aggregate of $25,000,000 stated value of the
Series F Preferred Stock and accompanying warrants, at a purchase
price equal to the volume-weighted average prices of the Company's
common stock for three trading days prior to the date Alpha gives
notice to the Company that it will exercise its Additional
Investment Right.
On June 6, 2025, Alpha exercised its Additional Investment Right
for the aggregate purchase of 500 shares of Series F Preferred
Stock convertible into 418,831 shares of Common Stock, in the
aggregate, at a conversion price of $1.1938 and warrants to
purchase up to 418,831 shares of Common Stock at an exercise price
of $1.1938 per share for an aggregate purchase price of $500,000.
The Warrants will be immediately exercisable upon issuance and have
a three-year term.
On June 9, 2025, Alpha exercised its Additional Investment Right
for the aggregate purchase of 1,000 shares of Series F Preferred
Stock convertible into 838,864 shares of Common Stock, in the
aggregate, at a conversion price of $1.1928 and warrants to
purchase up to 838,864 shares of Common Stock at an exercise price
of $1.1928 per share for an aggregate purchase price of $1,000,000.
The Warrants will be immediately exercisable upon issuance and have
a three-year term.
The Series F Preferred Stock and Warrants are being issued and sold
in reliance upon the exemption from registration provided by
Section 4(a)(2) of the Securities Act of 1933, as amended, and Rule
506 promulgated thereunder.
About AgEagle
AgEagle Aerial Systems Inc. is headquartered in Wichita, Kansas,
and operates through its wholly-owned subsidiaries, focusing on
designing and delivering top-tier drones, sensors, and software to
address critical customer needs. Founded in 2010, AgEagle initially
pioneered proprietary, professional-grade, fixed-wing drones and
aerial imagery-based data collection and analytics solutions for
the agriculture sector. Today, the company is recognized as a
globally respected market leader, offering customer-centric,
advanced, autonomous unmanned aerial systems (UAS) that generate
revenue at the intersection of flight hardware, sensors, and
software across industries, including agriculture,
military/defense, public safety, surveying/mapping, and
utilities/engineering. AgEagle has achieved numerous regulatory
milestones, including government approvals for its commercial and
tactical drones to fly Beyond Visual Line of Sight (BVLOS) and/or
Operations Over People (OOP) in the United States, Canada, Brazil,
and the European Union. It has also received Blue UAS certification
from the Defense Innovation Unit of the U.S. Department of Defense.
More information can be found at www.ageagle.com.
Orlando, Florida-based WithumSmith+Brown, PC, the company's auditor
since 2020, 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 suffered recurring losses from operations, has experienced cash
used from operations in excess of its current cash position, and
has an accumulated deficit that raise substantial doubt about its
ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $20.6 million in total assets,
$26.3 million in total liabilities, and a total stockholders'
deficit of $5.7 million.
AI DRUGS: Jolene Wee of JW Infinity Named Subchapter V Trustee
--------------------------------------------------------------
The U.S. Trustee for Region 2 appointed Jolene Wee of JW Infinity
Consulting, LLC as Subchapter V trustee for Al Drugs Inc., d/b/a
Medicine Cabinet Pharmacy.
Ms. Wee will be compensated at $640 per hour for work performed in
2025. In addition, the Subchapter V trustee will receive
reimbursement for work-related expenses incurred.
Ms. Wee declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jolene E. Wee
JW Infinity Consulting, LLC
447 Broadway 2nd Fl #502
New York, NY 10013
Telephone: (929) 502-7715
Facsimile: (646) 810-3989
Email: jwee@jw-infinity.com
About Al Drugs
Al Drugs Inc., doing business as Medicine Cabinet Pharmacy, sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
E.D.N.Y. Case No. 25-42747) on June 5, 2025.
Judge Elizabeth S. Stong presides over the case.
Richard S. Feinsilver, Esq., represents the Debtor as legal
counsel.
AIO US: Seeks to Extend Plan Exclusivity to September 8
-------------------------------------------------------
AIO US, 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 8 and November 10, 2025, respectively.
The Debtors explain that they seek a further ninety-day extension
of the Exclusive Periods so as not to disrupt the progress made
with the Creditors' Committee and Insurance Companies and confirm a
plan that maximizes value for all creditors. Allowing another party
to file a competing plan at this time is likely to derail
negotiations, lead to less favorable plan terms for creditors,
create unnecessary complexity and delay, and result in significant
additional professional fees, increasing administrative expenses
and lowering recoveries for creditors.
The Debtors claim that they have devoted significant time and
resources to progressing these chapter 11 cases. The Debtors expect
to reach confirmation and consummate the Plan on or around their
scheduled hearing on July 21, 2025 and make distributions shortly
thereafter. A further extension of the Exclusive Periods is
warranted to allow the Debtors to achieve these goals without the
interference of a competing chapter 11 plan.
The Debtors assert that they have put forth a chapter 11 plan that
fairly and equitably distributes the Debtors' remaining assets to
their various creditor constituencies. This is particularly
complicated in chapter 11 cases such as these where the Debtors
face substantial mass tort liabilities and seek to confirm a plan
that will administer hundreds of potential Talc Claims through
complex trust distribution procedures. Accordingly, the Debtors
believe the size and complexity of these chapter 11 cases warrant
the extension of the Exclusive Periods requested herein.
Further, an extension of the Exclusive Periods will not prejudice
the Debtors' stakeholders. On the contrary, an extension of the
Exclusive Periods will enable the Debtors to seek confirmation and
consummation of the Plan for the benefit of all stakeholders.
Allowing another party to propose a competing plan at this juncture
will only hamper the Debtors' chances of confirming the Plan on a
consensual basis, may have the effect of confusing creditors,
including Talc Claimants, and will significantly increase the
burden on the Debtors' estates.
The Debtors' Counsel:
Zachary I. Shapiro, Esq.
Mark D. Collins, Esq.
Michael J. Merchant, Esq.
David T. Queroli, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
Tel: (302) 651-7700
E-mail: collins@rlf.com
merchant@rlf.com
shapiro@rlf.com
queroli@rlf.com
- and -
Ronit J. Berkovich, Esq.
Matthew P. Goren, Esq.
Alejandro Bascoy, Esq.
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Tel: (212) 310-8000
E-mail: ronit.berkovich@weil.com
matthew.goren@weil.com
alejandro.bascoy@weil.com
About AIO US, Inc.
AIO US Inc., Avon Products Inc. and some of its affiliates are
manufacturers and marketers of beauty, fashion, and home products
with operations and customers across the globe.
AIO US and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 24-11836) on
Aug. 12, 2024. In the petition filed by Philip J. Gund as chief
restructuring officer, AIO US disclosed $1 billion to $10 billion
in assets and debt.
Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP are
counsel to the Debtors. Ankura Consulting Group LLC serves as
restructuring advisor to the Debtors. Rothschild & Co US Inc is the
Debtors' investment banker and financial advisor. Epiq Corporate
Restructuring LLC acts as claims and noticing agent to the Debtors.
ALDRICH PUMP: Asbestos Claimants Taps Brattle Group as Expert
-------------------------------------------------------------
Joseph W. Grier, III, the court-appointed legal representative for
future asbestos claimants against Debtors Aldrich Pump LLC and
Murray Boiler LLC, seeks approval from the U.S. Bankruptcy Court
for the Western District of North Carolina to employ The Brattle
Group, Inc. as his claims testifying expert.
Brattle will provide expert testimony with respect to estimating
future claims and related economic issues.
The firm will be paid at these rates:
Principals $1,000 to $1,425
Consultants $800 to $1,100
Sr. Associates $850 to $950
Associates $650 to $750
Research Analysts & $425 to $550
Sr. Research Analysts $425 to $550
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:
David McKnight
The Brattle Group, Inc.
1800 M Street NW Suite 700 North
Washington, DC 20036
Tel: (202) 955-5050
Fax: (202) 330-5220
About Aldrich Pump LLC
Aldrich Pump LLC and Murray Boiler LLC are subsidiaries of Trane
Technologies, a publicly traded company. Trane Technologies is a
global climate innovator that brings efficient and sustainable
climate solutions to buildings, homes, and transportation. The
North American headquarters of Trane Technologies, as well as the
Debtors, are located in Davidson, North Carolina.
Aldrich Pump and Murray Boiler sought Chapter 11 protection (Bankr.
W.D.N.C. Lead Case No. 20-30608) on June 18, 2020. The Hon. Craig
J. Whitley oversees the case.
In the petition signed by Allan Tananbaum, chief legal officer, the
Debtor was estimated to have $100 million to $500 million in both
assets and liabilities.
The Debtors tapped Rayburn Cooper & Durham, P.A. and Jones Day as
legal counsel; Bates White, LLC, Evert Weathersby Houff, and K&L
Gates, LLP as special counsel; AlixPartners, LLP as financial
advisor; and Kurtzman Carson Consultants, LLC as claims and
noticing agent.
The Office of the U.S. Trustee appointed a committee of asbestos
personal injury claimants. The committee tapped Robinson & Cole,
LLP and Caplin & Drysdale, Chartered as its bankruptcy counsel. The
Committee also selected FTI as its financial advisor.
On October 14, 2020, the Court entered the order appointing Joseph
W. Grier, III, as legal representative for future asbestos
claimants. He tapped Orrick, Herrington & Sutcliffe LLP and
GrierWright Martinez, PA as counsel and Ankura Consulting Group,
LLC as asbestos claims consultant and financial advisor.
ALLIANCE FARM: Trustee Seeks Approval to Tap Howley Law as Counsel
------------------------------------------------------------------
Tom A. Howley, the trustee appointed in the Chapter 11 cases of
Alliance Farm and Ranch, LLC and Alliance Energy Partners, LLC,
seeks approval from the U.S. Bankruptcy Court for the Southern
District of Texas to employ Howley Law PLLC as his counsel.
The firm will provide these services:
(a) advise and consult on the conduct of the cases;
(b) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(c) take all necessary actions to protect and preserve the
estates;
(d) prepare on behalf of the trustee all necessary and
appropriate legal documents that are necessary in connection with
the cases or the administration of the estates;
(e) advise and represent the trustee in connection with any
sale of assets of the estates;
(f) analyze and, as appropriate, challenge the validity of
liens against assets of the estates;
(g) appear before the court and any other court to represent
the interests of the estates;
(h) formulate, draft, and obtain confirmation of a Chapter 11
plan and all documents related thereto; and
(i) perform all other legal services as may be necessary or
appropriate in connection with representing the trustee in the
cases.
The firm's hourly rates for this representation are as follows:
Eric Terry, Of Counsel $650
Roland G. Rodriguez, Paralegal $275
In addition, the firm will seek reimbursement for expenses
incurred.
Eric Terry, Esq., disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Eric Terry, Esq.
Howley Law PLLC
TC Energy Center
700 Louisiana Street Suite 4545
Houston, TX 77002
Telephone: (713) 333-9125
Email: eric@howley-law.com
About Alliance Farm and Ranch
Alliance Farm and Ranch, LLC filed voluntary Chapter 7 petition
(Bankr. S.D. Texas Case No. 25-30155) on January 7, 2025, listing
between $1 million and $10 million in both assets and liabilities.
On March 19, 2025, the case was converted to one under Chapter 11.
Alliance Energy Partners LLC, a directional drilling service
provider in Spring, Texas, filed Chapter 11 petition (Bankr. S.D.
Tex. Case No. 25-31937) on April 7, 2025. In its petition, Alliance
Energy Partners reported total assets of $1 million and total
liabilities of $2,614,465.
On April 23, 2025, the court ordered the joint administration of
the Debtors' Chapter 11 cases.
Judge Alfredo R. Perez oversees the cases.
The Debtors are represented by Okin Adams Bartlett Curry, LLP.
Tom A. Howley is appointed as trustee in these Chapter 11 cases. He
tapped Howley Law PLLC as his counsel.
AMENTUM HOLDINGS: S&P Assigns 'BB-' ICR, Outlook Stable
-------------------------------------------------------
S&P Global Ratings affirmed its 'BB-' issue-level rating on the
Amentum Holdings Inc.'s senior secured debt. The '3' recovery
rating unchanged and indicates its expectation of meaningful
recovery (50%-70%; rounded estimate: 50%) in our simulated default
scenario.
S&P said, "We also affirmed our 'B' issue-level rating on the
company's senior unsecured debt. The '6' recovery rating is
unchanged and indicates our expectation for negligible recovery
(0%-10%; rounded estimate: 5%) in our simulated default scenario.
"The stable outlook reflects our expectation that credit metrics
will remain appropriate for the rating over the next 12 months as
Amentum works through integration of Jacobs Solutions Inc.'s
Critical Mission Solutions (CMS) and Cyber & Intelligence (C&I)
businesses."
Amentum Holdings Inc. was created as Amentum Holdings LLC merged
with Jacobs Solutions Inc.'s Critical Mission Solutions (CMS) and
Cyber & Intelligence (C&I) businesses in 2024.
S&P said, "We assigned our 'BB-' issuer credit rating to Amentum
Holdings Inc. The entity was created to facilitate the Reverse
Morris Trust merger between Amentum Holdings LLC and Jacobs' CMS
and C&I businesses, which closed September 2024. Therefore, we
withdrew our issuer credit rating on Amentum Holdings LLC and
assigned ratings to Amentum Holdings Inc. Our view of the company's
business risk profile and financial risk profile remains consistent
with those outlined in this research update.
"Pro forma for the merger, we expect revenue growth of 0%-2% in
2025. While this is slightly lower than the 2%-4% revenue growth
assumed previously, we note the lower growth rate is relative to a
higher-than-expected revenue base in fiscal 2024 (period ended
Sept. 27). Therefore, our revenue assumption remains $13.8
billion-$14.1 billion for fiscal 2025. Through the first half of
fiscal 2025 Amentum generated $6.9 billion, which is up about 2%
year over year. Growth has been somewhat muted due to the timing of
contracts ramping down in global engineering solutions and digital
solutions with somewhat muted new award activity in the first half.
Further, the company has several consolidated joint ventures that
will become unconsolidated and thus will result in lower topline
revenue. Lastly, Amentum has agreed to divest its rapid solutions
business (which Amentum has outlined as 1% of total revenue). We do
not believe these will have a material effect Amentum's credit
quality. The company expects growth to accelerate somewhat in the
second half of the year, which we believe is likely given typical
seasonality of government services activity.
"There is near term uncertainty related to defense spending and
timing for new awards. We believe Amentum's portfolio is
meaningfully diversified with minimal exposure to
consulting-related services that we view as more likely to
experience reduced funding given stated priorities of the current
administration. Furthermore, we believe Amentum's position on
energy, space, and intelligence programs will continue to see
stable demand from government and commercial customers. However, we
believe there is some risk that award activity could slow to the
extent contracting officers become part of headcount reduction as
the department of government efficiency looks to reduce federal
spending. Despite this uncertainty, we believe Amentum is
positioned for longer-term growth given its backlog was nearly $45
billion at the end of the second quarter.
"Amentum continues to target leverage of 3x by the end of fiscal
2026. The company has communicated that it expects to divest its
rapid solutions business for $360 million ($325 million
after-taxes) and use proceeds to fund the $70 million Jacobs
working capital payment (which was a condition for the transaction
to close) with the balance of proceeds potentially going toward
debt repayment. While we do not include this voluntary debt
repayment in our forecast due to uncertainty in the amount of
repayment and timing, we would view debt repayment as a meaningful
step toward reaching its stated leverage target. We await clarity
on the company's financial policy beyond fiscal 2026, specifically
its dividend and share repurchase policy, in addition to appetite
for additional debt funded M&A.
"Amentum's credit metrics remain in line with the rating, and we
expect improvement over time. We forecast S&P Global
Ratings-adjusted debt to EBITDA of 4x in fiscal 2025. The
improvement in leverage relative to our previous forecast of 4.7x
is largely due to the timing of transaction expenses. We previously
expected Amentum would recognize about $150 million of transaction
expenses in fiscal 2025, and this has been recognized in fiscal
2024 because the transaction closed on the last day of the
reporting period. As such, we also revised our S&P Global
Ratings-adjusted EBITDA margin to 7%-8% in fiscal years 2025 and
2026. The company generated about $155 million of reported free
operating cash flow (FOCF) through six months ended March 28, 2025.
We expect full year reported FOCF will be $450 million-$500 million
as working capital and earnings improve in the second half of the
fiscal year.
"The stable outlook on Amentum reflects our expectation that its
credit metrics will remain in line with the rating as the company
improves profitability and expands its contract base through the
integration of the Jacobs business. We expect S&P Global
Ratings-adjusted debt to EBITDA around 4x in fiscal 2025, improving
to the mid-3x area in fiscal 2026."
S&P could lower the ratings on Amentum within the next 12 months if
debt to EBITDA deteriorates toward 5x, and it expects it will
remain there on a sustained basis. This would likely occur if the
company:
-- Does not win new business in line with S&P's forecast to offset
potential contract losses, or if contract delays or award protests
delay EBITDA generation; or
-- Cannot realize the expected cost savings during the integration
period, which could cause margins to be lower than it expects.
S&P could raise its ratings on Amentum if debt to EBITDA improves
below 4x, and it expects it to sustain that. This would likely
occur if the company:
-- Repays debt as it works toward its net leverage target of 3x
(within 24 months of transaction close) and does not pursue
debt-funded acquisitions or shareholder returns in line with its
stated financial policy; and
-- Improves profitability through award wins that improve its mix
or realizes higher than expected synergies in the integration
period.
AORS REALTY: Hires Scura Wigfield Heyer as Attorney
---------------------------------------------------
AORS Realty LLC seeks approval from the U.S. Bankruptcy Court for
the District of New Jersey to hire Scura, Wigfield, Heyer, Stevens
& Cammarota LLP as attorneys.
The firm's services include:
(a) advise the Debtor regarding its powers and duties in the
operation of its business;
(b) represent the Debtor in bankruptcy matters and adversary
proceedings; and
(c) perform all legal services for the Debtor which may be
necessary.
The firm's counsel and staff will be paid at these rates:
Partners $550
Associates $395
Law Clerk $275
Paralegals $195
Legal Assistants $150
David Stevens, Esq., an attorney at Scura, Wigfield, Heyer, Stevens
& Cammarota, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David L. Stevens, Esq.
Diana M Woody, Esq.
Scura, Wigfield, Heyer, Stevens & Cammarota LLP
1599 Hamburg Turnpike
Wayne, NJ 07470
Telephone: (973) 696-8391
Email: dstevens@scura.com
dwoody@scura.com
About AORS Realty LLC
AORS Realty LLC leases real estate properties for rental
operations.
AORS Realty LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-16292) on June 13, 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 Diana Woody, Esq. at SCURA WIGFIELD,
HEYER, STEVENS & CAMMAROTA LLP.
AT HOME GROUP: Seeks to Hire Omni as Claims and Noticing Agent
--------------------------------------------------------------
At Home Group Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Omni Agent
Solutions, Inc. as claims and noticing agent.
Omni will oversee the distribution of notices and will assist in
the maintenance, processing, and docketing of proofs of claim filed
in the Chapter 11 cases of the Debtors.
Prior to the petition date, the Debtors provided Omni a retainer in
the amount of $75,000.
Paul Deutch, an executive vice president at Omni, 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:
Paul Deutch
Omni Agent Solutions, Inc.
5955 De Soro Ave., Ste. 100
Woodland Hills, CA 91367
Telephone: (917) 364-0508
About At Home Group Inc.
At Home Group Inc. is a home decor and furnishings retailer
offering a wide range of everyday and seasonal products for all
areas of the home. The Company operates 260 large-format stores
across 40 U.S. states and an e-commerce platform. Headquartered in
Coppell, Texas, At Home was founded in 1979 and employs 7,170
people.
On June 16, 2025, At Home announced it entered a Restructuring
Support Agreement (RSA) with certain of its lenders, which will
eliminate substantially all of its long-term debt and provide the
Company with new financial resources to support the business and
position At Home for future success.
To implement the terms of the RSA, At Home and 41 of its
subsidiaries have commenced voluntary Chapter 11 proceedings in
Delaware (Bankr. D. Del. Lead Case No. 25-11120). The proceedings
are pending before Judge J. Kate Stickles.
In connection with this process, At Home is entering into an
agreement for $600 million in debtor-in-possession financing, which
includes a $200 million capital infusion from certain of its
existing lenders and a "roll up" of $400 million of existing senior
secured debt.
The Debtors tapped Kirkland & Ellis LLP as restructuring counsel;
Young Conaway Stargatt & Taylor, LLP, as Delaware restructuring
counsel; AlixPartners LLP as financial advisor; and PJT Partners,
Inc., as investment banker. Omni Agent Solutions, Inc., is the
claims agent.
BALERNO CASTLE: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: Balerno Castle LLC
8261 Birchbark Ave
Pico Rivera, CA 90660
Business Description: Balerno Castle LLC owns a multifamily
residential building located at 253 S.
Carondelet Street in Los Angeles,
California. The two-story property
comprises six rental units and is classified
as single-asset real estate under 11 U.S.C.
Section 101(51B). The Company also owns a
separate property at 3912 Eagle Street in
Los Angeles.
Chapter 11 Petition Date: June 24, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-15322
Judge: Hon. Julia W Brand
Debtor's Counsel: Kevin Tang, Esq.
TANG & ASSOCIATES
17011 Beach Blvd Suite 900
Huntington Beach, CA 92647
Tel: 714-594-7022
E-mail: kevin@tang-associates.com
Total Assets: $3,804,000
Total Liabilities: $2,074,239
The petition was signed by Hector Contreras as managing member.
The petition states that the Debtor has no creditors with unsecured
claims.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/32IAQRI/Balerno_Castle_LLC__cacbke-25-15322__0001.0.pdf?mcid=tGE4TAMA
BAYOU TECHNOLOGIES: Seeks to Hire Patrick Gros as Accountant
------------------------------------------------------------
Bayou Technologies, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Louisiana to employ Patrick Gros,
CPA, APAC as accountant.
The firm will be paid at these hourly rates:
Partner $275
Manager $175
Senior Accountant $150
Staff Accountant $105
The firm received a pre-petition retainer of $5,000 from the
Debtor.
Patrick Gros, CPA, disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Patrick Gros, CPA
Patrick Gros, CPA, APAC
651 River Highland Blvd.
Covington, LA 70433
Telephone: (985) 898-3512
Facsimile: (985) 871-9600
About Bayou Technologies
Bayou Technologies LLC, d/b/a Bayou Marketing, provides information
technology services, cybersecurity solutions, and digital marketing
through its Bayou Marketing division. The Company operates in Lake
Charles, Louisiana, offering managed IT, VoIP, networking, web
development, SEO, and multimedia content services.
Bayou Technologies LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. La. Case No. 25-20275) on June 10,
2025. In its petition, the Debtor reports total assets of $44,041
and total liabilities of $1,401,754.
Honorable Bankruptcy Judge John W. Kolwe handles the case.
The Debtor tapped Wade N. Kelly, Esq., at Wade N. Kelly LLC as
counsel and Patrick Gros, CPA, APAC as accountant.
BAYSIDE LIMO: Hires Ford & Semach P.A. as Bankruptcy Counsel
------------------------------------------------------------
Bayside Limo of Tampa LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to hire Ford & Semach,
P.A. as bankruptcy counsel.
The firm will render these services:
a. analyze the financial situation, and rendering advice and
assistance to the Debtor in determining whether to file a petition
under Title 11, United States Code;
b. advise the Debtor with regard to the powers and duties of
the debtor and as Debtor-in-Possession in the continued operation
of the business and management of the property of the estate;
c. prepare and file the petition, schedules of assets and
liabilities, statement of affairs, and other documents required by
the Court;
d. represent the Debtor at the Section 341 Creditors'
meeting;
e. give the Debtor legal advice with respect to its powers and
duties as Debtor and as Debtor-in Possession in the continued
operation of its business and management of its property, if
appropriate;
f. advise the Debtor with respect to its responsibilities in
complying with the United States Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
g. prepare, on the behalf of your Applicant, necessary
motions, pleadings, applications, answers, orders, complaints, and
other legal papers and appear at hearings thereon;
h. protect the interest of the Debtor in all matters pending
before the court;
i. represent the Debtor in negotiation with its creditors in
the preparation of the Chapter 11 Plan; and
j. perform all other legal services for Debtor as
Debtor-in-Possession which may be necessary, and it is necessary
for Debtor as Debtor-in-Possession to employ this attorney for such
professional services.
Ford & Semach's professionals will be paid at these hourly rates:
Buddy D. Ford, Attorney $550
Jonathan Semach, Attorney $500
Heather Reel, Attorney $450
Paralegal $150
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer in the amount of $8,750.
Buddy D. Ford, Esq., an attorney at Ford & Semach, disclosed in
court filings that their firms are "disinterested persons" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firms can be reached through:
Buddy D. Ford, Esq.
Jonathan A. Semach, Esq.
Heather M. Reel, Esq.
FORD & SEMACH, P.A.
9301 West Hillsborough Avenue
Tampa, FL 33615-3008
Telephone: (813) 877-4669
Email: Buddy@tampaesq.com
Jonathan@tampaesq.com
Heather@tampaesq.com
About Bayside Limo of Tampa LLC
Bayside Limo of Tampa LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-03982) on June 13, 2025, listing $100,001 to $500,000 in assets
and $500,001 to $1 million in liabilities.
Judge Catherine Peek Mcewen presides over the case.
Buddy D Ford, Esq. at Ford & Semach, P.A. represents the Debtor as
counsel.
BISHOP OF SAN DIEGO: Boucher LLP Advises Sexual Abuse Claimants
---------------------------------------------------------------
The law firm of Boucher LLP filed a verified statement pursuant to
Rule 2019 of the Federal Rules of Bankruptcy Procedure to disclose
that in the Chapter 11 case of the Roman Catholic Bishop of San
Diego, the firm represents several sexual abuse claimants.
Boucher LLP has offices at 21600 Oxnard Street, Suite 600, Woodland
Hills, CA 91367, and 555 Montgomery Street, Suite 1205, San
Francisco, CA 94111. Attorney Kelsey Campbell is duly licensed to
practice before Courts of the State of California and the United
States District Court for the Southern District of California.
Boucher LLP individually represents each Sexual Abuse Claimant
listed in this disclosure. Due to confidentiality, each Claimant
has been identified by their Sexual Abuse Proof of Claim number.
The names and addresses of the confidential Claimants are available
to authorized parties who have executed a confidentiality agreement
and have access to the Sexual Abuse Claim Forms.
Pursuant to individual retainer agreements, Boucher LLP was
retained by each Claimant to pursue claims for damages against The
Roman Catholic Bishop of San Diego, as a result of sexual abuse.
The retention includes representing and acting on behalf of each
Claimant in the instant bankruptcy case.
Each Claimant maintains an individual economic interest against the
Debtor, The Roman Catholic Bishop of San Diego, that has been
disclosed in the Confidential Sexual Abuse Claim Supplement.
The law firm can be reached at:
Raymond P. Boucher, Esq.
Kelsey L. Campbell, Esq.
BOUCHER LLP
21600 Oxnard Street, Suite 600
Woodland Hills, California 91367-4903
Tel: (818) 340-5400
Fax: (818) 340-5401
About The Roman Catholic Bishop of San Diego
The Roman Catholic Bishop of San Diego sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Cal Case No.
24-02202) on June 17, 2024. In the petition signed by Rodrigo
Valdivia, vice moderator of the Curia, the Debtor disclosed up to
$500 million in both assets and liabilities.
Judge Christopher B. Latham oversees the case.
The Debtor tapped Gordon Rees Scully Mansukhani, LLP as counsel and
GlassRatner Advisory & Capital Group, LLC, doing business as B.
Riley Advisory Services, as financial advisor. Donlin, Recano &
Company, Inc., is the claims agent and administrative advisor.
The official committee of unsecured creditors formed in the case
retained KTBS Law LLP as its counsel; Berkeley Research Group, LLC
as its financial advisor; and Morgan, Lewis & Bockius LLP as its
special insurance counsel.
BLACKBUSH INVESTMENTS: Taps NRG Realty Group as Real Estate Broker
------------------------------------------------------------------
Blackbrush Investments, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ NRG Realty Group
as real estate broker.
The Debtor needs a broker to market and sell its property located
at 1690 W. Basin St., Odessa, Texas.
The broker will receive a commission of 6 percent of the property's
sales price.
Justin Dodd, an agent at NRG Realty Group, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Justin Dodd
NRG Realty Group
6191 Highway, 161 Suite 430
Irving, TX 75038
Telephone: (214) 534-7976
Email: justin@ngrealtygroup.com
About Blackbrush Investments
Blackbrush Investments LLC is a limited liability company.
Blackbrush Investments LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-11092) on March
4, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
J. Seth Moore, Esq., at Snell & Wilmer serves as the Debtor's
counsel.
BMX TRANSPORT: Seeks to Hire Keck Legal LLC as Bankruptcy Counsel
-----------------------------------------------------------------
BMX Transport LLC seeks approval from the U.S. Bankruptcy Court for
the Northern District of Georgia to hire Keck Legal, LLC as
counsel.
The firm's services include:
a. giving the Debtor legal advice with respect to its powers
and duties as debtor-in-possession in the management of its
property;
b. preparing on behalf of the Debtor as debtor-in-possession
necessary schedules, applications, motions, answers, orders,
reports and other legal matters;
c. assisting in examination of the claims of creditors;
d. assisting with formulation and preparation of the
disclosure statement and plan of reorganization and with the
confirmation and consummation thereof; and
e. performing all other legal services for Debtor as
debtor-in-possession that may be necessary.
The firm will be paid at these hourly rates:
Benjamin R. Keck $465
Jonathan Clements $350
Omar Esquivel $195
Katie Meadows $150
Jackson Grabill $150
Selah Owusu $125
Miguel Quinonez $105
Ashleigh Rucker $95
Silvia Laguado $95
The firm received a retainer in the total amount of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Keck disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Benjamin Keck, Esq.
Keck Legal, LLC
2801 Buford Highway NE, Suite 115
Atlanta, GA 30329
Tel: (470) 826-6020
Email: bkeck@kecklegal.com
About BMX Transport LLC
BMX Transport LLC provides long-distance specialized freight
trucking services across the United States, focusing on goods that
require unique handling or equipment. The Company offers full
truckload transport using dry vans and refrigerated trailers,
supported by warehousing and 24/7 logistics operations.
Headquartered in Georgia, it operates a federally authorized fleet
of trucks and trailers.
BMX Transport LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-20705) on May 5, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge James R. Sacca handles the case.
The Debtors are represented by Benjamin Keck, Esq. at KECK LEGAL,
LLC.
BOXLIGHT CORP: Kazazian Asset and Affiliates Hold 9.4% Stake
------------------------------------------------------------
Kazazian Asset Management, LLC, Kazazian Capital Master Fund, L.P.,
and Kirk Kazazian, disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of June 5, 2025, they
beneficially owned 224,500 shares of Boxlight Corporation's Class A
Common Stock, par value $0.0001 per share, representing 9.4% of the
2,230,379 shares reported as outstanding by the Company in its Form
10-Q filed on May 14, 2025, and including shares issuable upon
exercise of warrants subject to a 9.99% ownership blocker.
Kazazian Asset may be reached through:
Kirk Kazazian, Chief Compliance Officer
188 Nurmi Drive
Fort Lauderdale, FL 33301
Tel: 212-581-8800
A full-text copy of Kazazian Asset's SEC report is available at:
https://tinyurl.com/5su3m9hj
About Boxlight Corporation
Boxlight Corporation, based in Duluth, Georgia, is a technology
company that develops, sells, and services interactive solutions
primarily for the global education market, as well as for corporate
and government sectors. The Company offers a range of products,
including interactive and non-interactive flat-panel displays, LED
video walls, media players, classroom audio systems, cameras, and
STEM solutions like 3D printing and robotics. These products are
integrated into a classroom software suite for learning,
assessment, and collaboration. Boxlight also provides professional
training services to U.S. educational customers.
In its report dated Mar. 28, 2025, the Company's auditor, Forvis
Mazars, LLP, issued a "going concern" qualification, attached to
the Company's Annual Report on Form 10-K for the year ended Dec.
31, 2024, highlighting that the Company has identified certain
conditions relating to its outstanding debt and Series B and C
Preferred Stock that are outside the control of the Company. In
addition, the Company has generated recent losses. These factors,
among others, raise substantial doubt regarding the Company's
ability to continue as a going concern.
For the years ended Dec. 31, 2024 and 2023, Boxlight Corporation
incurred net losses attributable to common stockholders of $29.6
million and $40.4 million, respectively. As of Dec. 31, 2024,
Boxlight Corporation had $115.31 million in total assets, $99.69
million in total liabilities, $28.51 million in total mezzanine
equity, and a total stockholders' deficit of $12.90 million.
BOXLIGHT CORP: Second Board Exit Worsens Nasdaq Compliance Issues
-----------------------------------------------------------------
Boxlight Corporation disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that Charles P. Amos
resigned as director on June 6, 2025. The Company is grateful for
Mr. Amos's service.
As previously reported in the Company's Current Report on Form 8-K
filed on June 4, 2025, R. Wayne Jackson resigned as a director of
the Company on May 23, 2025. Also as previously reported, as a
result of Mr. Jackson's resignation, the Company is not in
compliance with Nasdaq Rule 5605(c)(2)(A), which requires, among
other things, that audit committees have at least three members and
that at least one member have past employment experience in finance
or accounting, requisite professional certification in accounting,
or any other comparable experience or background which results in
the individual's financial sophistication. Pursuant to Nasdaq Rule
5605(c)(4)(B), the Company has 180 days from the date of Mr.
Jackson's resignation, or until November 19, 2025, to cure the
noncompliance.
Mr. Jackson's resignation has also resulted in the Company not
being in compliance with Nasdaq Rule 5605(b)(1), which requires
that a majority of the Board of Directors must be comprised of
independent directors as defined in Nasdaq listing standards.
Pursuant to Nasdaq Rule 5605(b)(1)(A), the Company also has 180
days from the date of Mr. Jackson's resignation, or until November
19, 2025, to cure this noncompliance.
The Company currently expects to recruit another director with the
requisite qualifications to serve on the Audit Committee and
succeed Mr. Jackson.
Due to Mr. Amos' resignation, regaining compliance with Nasdaq's
majority-independent board requirement will require additional
action beyond replacing Mr. Jackson with a suitable successor. The
Board of Directors is currently considering near-term changes to
its composition to address the ratio of independent to
non-independent directors.
About Boxlight Corporation
Boxlight Corporation, based in Duluth, Georgia, is a technology
company that develops, sells, and services interactive solutions
primarily for the global education market, as well as for corporate
and government sectors. The Company offers a range of products,
including interactive and non-interactive flat-panel displays, LED
video walls, media players, classroom audio systems, cameras, and
STEM solutions like 3D printing and robotics. These products are
integrated into a classroom software suite for learning,
assessment, and collaboration. Boxlight also provides professional
training services to U.S. educational customers.
In its report dated Mar. 28, 2025, the Company's auditor, Forvis
Mazars, LLP, issued a "going concern" qualification, attached to
the Company's Annual Report on Form 10-K for the year ended Dec.
31, 2024, highlighting that the Company has identified certain
conditions relating to its outstanding debt and Series B and C
Preferred Stock that are outside the control of the Company. In
addition, the Company has generated recent losses. These factors,
among others, raise substantial doubt regarding the Company's
ability to continue as a going concern.
For the years ended Dec. 31, 2024 and 2023, Boxlight Corporation
incurred net losses attributable to common stockholders of $29.6
million and $40.4 million, respectively. As of Dec. 31, 2024,
Boxlight Corporation had $115.31 million in total assets, $99.69
million in total liabilities, $28.51 million in total mezzanine
equity, and a total stockholders' deficit of $12.90 million.
BUFFALO NEWSPRESS: Hires Pyramid Brokerage as Real Estate Broker
----------------------------------------------------------------
Buffalo Newspress Inc., doing business as BNP Empowered Print,
seeks approval from the U.S. Bankruptcy Court for the Western
District of New York to employ Pyramid Brokerage Company of Buffalo
Inc. as real estate broker.
The Debtor needs a broker to market and sell its property located
at 230 Broadway, Buffalo, New York.
Pyramid will be paid in accordance with the agreement and has not
agreed to share any of its compensation in this case with any other
person.
Robert T. Schell, president of Pyramid Brokerage Company of
Buffalo, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Robert T. Schell
Pyramid Brokerage Company of Buffalo Inc.
14 Lafayette Square Suite 1900
Buffalo, NY 14203
Telephone: (716) 852-7500
Facsimile: (716) 852-0890
Email: buffalo@pyramidbrokerage.com
About Buffalo Newspress Inc.
Buffalo Newspress Inc., also known as BNP Empower, is a
full-service printing solutions provider based in Buffalo, N.Y.,
offering digital, web offset, and other printing services with 24/7
operations.
Buffalo Newspress filed Chapter 11 petition (Bankr. W.D.N.Y. Case
No. 25-10125) on February 5, 2025, listing up to $10 million in
both assets and liabilities. Thomas J. Majerski, president of
Buffalo Newspress, signed the petition.
Judge Carl L. Bucki oversees the case.
Kevin R. Lelonek, Esq., at Gross Shuman, PC, represents the Debtor
as legal counsel.
BURGUNDIAN LLC: Seeks Subchapter V Bankruptcy in Massachusetts
--------------------------------------------------------------
On June 24, 2025, The Burgundian LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the District of Massachusetts.
According to court filing, the Debtor reports $1,019,679 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About The Burgundian LLC
The Burgundian LLC operates a food service business offering
international street food such as Belgian Liege waffles, Japanese
chicken sandwiches, Argentinian sausage dogs, and Filipino noodle
bowls. The Company runs a cafe in Attleboro, Massachusetts, along
with a food truck, catering services, and pop-up events throughout
Rhode Island and Massachusetts.
The Burgundian LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11287) on
June 24, 2025. In its petition, the Debtor reports total assets of
$255,148 and total liabilities of $1,019,679.
Honorable Bankruptcy Judge Christopher J. Panos handles the case.
The Debtors are represented by David B. Madoff, Esq. at MADOFF &
KHOURY LLP.
CADUCEUS PHYSICIANS: No Patient Care Concern, PCO Report Says
-------------------------------------------------------------
Stanley Otake, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Central District of California his fourth
report regarding the quality of patient care provided by Caduceus
Physicians Medical Group.
On November 8 and December 16, 2024, PCP performed site inspections
on the Caduceus Practices. All sites were inspected, and all were
compliant with health and safety requirements. Previous concerns
regarding expired medications were addressed and none were found on
inspections of exam and treatment rooms.
The PCO reviewed staff scheduling reports and is satisfied that
staffing meets patient volume and acuity requirements. He was
informed of the relocation of certain services in the Yorba Linda
office and has no concerns regarding impact to patient care by the
changes made.
The PCO observed that all facilities appeared to have ample
supplies and medications. Review and discussions related to
negative social media postings were conducted and the PCO is
satisfied with the feedback regarding patient complaints.
On May 8, the Debtor successfully closed a sale to a new buyer,
Anchor Medical Group, P.C. (AMG). AMG simultaneously entered into
an agreement with the Debtor to provide certain administrative
services until licensing, credentialing and billing details with
payors are completed. The Debtor remains in charge of the medical
care of patients until the end of the transition period which is
estimated to last anywhere from six to twelve months.
In addition, communication with the Debtor regarding scheduling
site visits and questions regarding the patient complaints were
routinely handled until recently as roles apparently have changed
within the organization. The Debtor shared that staffing key
back-office positions and customer service positions have been
challenged by the uncertainty of future employment and stability of
a company in bankruptcy.
The PCO finds that the care being provided to the patients of
Caduceus' practice is within the standard of care in the
community.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=Cl7h6P from PacerMonitor.com.
The ombudsman may be reached at:
Stanley Otake
225 N. Deerwood Street
Orange, CA 92869
562-225-1934
Email: ucla1000@aol.com
About Caduceus Physicians Medical Group
Caduceus Physicians Medical Group, a Professional Medical
Corporation, d/b/a Caduceus Medical Group, is a physician owned and
managed multi-specialty medical group with locations in Yorba
Linda, Anaheim, Orange, Irvine, and Laguna Beach. It specializes in
primary care, pediatrics, and urgent care.
Caduceus Physicians Medical Group and Caduceus Medical Services,
LLC, filed Chapter 11 petitions (Bankr. C.D. Cal. Lead Case No.
24-11946) on August 1, 2024. The petitions were signed by CRO
Howard Grobstein.
At the time of the filing, Caduceus Physicians reported $1 million
to $10 million in both assets and liabilities while Caduceus
Medical reported up to $50,000 in both assets and liabilities.
Judge Theodor Albert presides over the cases.
David A. Wood, Esq., at Marshack Hays Wood, LLP, is the Debtors'
legal counsel.
Stanley Otake is the patient care ombudsman appointed in the
Debtor's Chapter 11 case.
CARE PAVILION: PCO Reports Staffing Shortages
---------------------------------------------
Margaret Barajas, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Western District of Pennsylvania her third
report regarding the quality of patient care provided by Care
Pavilion, LLC.
On January 30, the regional ombudsman specialist reported that
Maplewood Nursing and Rehabilitation Center had been sold to Focus
Health on November 28, 2024. The facility has a capacity of 180
beds, of which 169 beds were occupied as of an ombudsman facility
visit of May 16. No serious concerns were reported during this
60-day period.
Local ombudsmen conduct regular visits to York Nursing and
Rehabilitation Center facility. In an earlier Abbreviated Survey in
response to three complaints completed on April 3, it was
determined that York Nursing was not in compliance with the
following Requirements of 42 CFR Part 483, Subpart B, Requirements
for Long Term Care Facilities and the 28 Pa. Code, Commonwealth of
Pennsylvania Long Term Care Licensure Regulations related to the
health portion of the survey process. Staffing shortages were also
cited.
Local ombudsman records show that Cliveden Nursing and
Rehabilitation Center facility has a capacity of 180 beds, of which
152 beds were occupied as of April 17, which indicate that this
census, based on the number of available beds, is consistent with
other skilled nursing facilities in the area. Local ombudsmen
conduct regular visits to the facility. No serious concerns were
identified in this 60-day period.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=WNcqyY from Stretto, Inc., claims agent.
The ombudsman may be reached at:
Margaret Barajas
PA Long-Term Care Ombudsman | Ombudsman Office
Pennsylvania Department of Aging
555 Walnut St. 5th Floor
Harrisburg, PA 17101
Phone: (717) 783-7096 | Fax: (717) 772-3382
Email: mbarajas@pa.gov
About Pottsville Operations
Pottsville Operations LLC and its affiliates own and operates six
skilled nursing facilities in Pennsylvania. Collectively,
Pottsville has 925 beds across the six facilities, and 759
residents currently at the Facilities as of the Petition Date.
Pottsville acquired the facilities in May of 2021.
Pottsville Operations and its 10 affiliates sought relief under
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
W.D. Pa. Lead Case No. 24-70418) on Oct. 15, 2024. In the petition
signed by Neil Luria, as chief restructuring officer, Pottsville
reports estimated assets between $1 million and $10 million and
estimated liabilities between $10 million and $50 million.
Judge Jeffery A Deller handles the cases.
The Debtors tapped Baker & Hostetler, LLP as general bankruptcy
counsel; and RAaines Feldman Littrell, LLP as local counsel. SOLIC
Capital Advisors LLC is serving as financial advisor, and Solic's
Neil Luria has been tapped as CRO of the Debtors. Stretto, Inc. is
the claims agent.
Margaret Barajas is the patient care ombudsman appointed in the
Debtors' cases.
CAROLINA'S CONTRACTING: Smith Debnam Represents Creditors
---------------------------------------------------------
The law firm of Smith Debnam Narron Drake Saintsing & Myers, LLC
filed a verified statement pursuant to Rule 2019 of the Federal
Rules of Bankruptcy Procedure to disclose that in the Chapter 11
case of Carolina's Contracting, LLC, the firm represents Ferguson
Enterprises, LLC d/b/a Ferguson Enterprises, LLC of Virginia, De
Lage Landen Financial Services, Inc. and Orion First Financial,
LLC.
Smith Debnam is a limited liability partnership located in Raleigh,
North Carolina.
Smith Debnam was retained by Ferguson to represent their interests
in this case related to the breach of the terms of the Debtor's
credit application with Ferguson and the subsequent filing of
mechanic's lien claims and lawsuits against several projects to
which Ferguson supplied materials and/or service to the Debtor and
was not paid.
Smith Debnam was retained by DLL to represent their interests in
this case related to Loan and Security Agreement numbers:
500-50626629; 500-50578383 and 500-50626629, on which there remains
a balance to be paid and pursuant to which DLL retains a security
interest against certain equipment in the possession of the
Debtor.
Smith Debnam was retained by Midland to represent their interests
in this case related to Loan and Security Agreement number:
826-226568-004, on which there remains a balance to be paid and
pursuant to which Midland retains a security interest against
certain equipment in the possession of the Debtor.
The Creditors' names, addresses, the nature and amounts of claims
are as follows:
1. Ferguson Enteprises, LLC
c/o Byron L. Saintsing
Smith Debnam Narron Drake Saintsing & Myers, LLP
PO Box 176010
Raleigh, NC 27619-6010
* Breach of credit application terms and filing of lien claims
and lawsuits against several projects to
which Ferguson Enterprises, LLC supplies materials and was not
paid.
* $130,260.14
2. De Lage Landen Financial Services, Inc.
c/o Byron L. Saintsing
Smith Debnam Narron Drake Saintsing & Myers, LLP
PO Box 176010
Raleigh, NC 27619-6010
* Breach of three Loan and Security Agreements.
* $685,49.10
3. Orion First Financial, LLC as servicer for Midland States Bank
c/o Thomas A. Gray
Smith Debnam Narron Drake Saintsing & Myers, LLP
PO Box 176010
Raleigh, NC 27619-6010
* Breach of Loan and Security Agreement
* $183,759.84
The law firm can be reached at:
Byron L. Saintsing, Esq.
SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP
P.O. Box 176010
Raleigh, North Carolina 27619-6010
Telephone: (919)-250-2000
Facsimile: (919) 250-2100
Email: bsaintsin@smithdebnamlaw.com
About Carolina's Contracting
Carolina's Contracting LLC is a licensed general contractor based
in Davidson, North Carolina, specializing in land development and
grading services. Established in 2013, Company offers a range of
services including grading, storm drainage, sanitary sewer,
waterline installation, culverts, and stone base work.
Carolina's Contracting sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D.N.C. Case No. 25-50284) on April 28,
2025. In its petition, the Debtor reported total assets of
$31,405,291 and total liabilities of $25,942,522.
Judge Lena M. James oversees the case.
The Debtor is represented by:
Dirk W. Siegmund, Esq.
Ivey, Mcclellan, Siegmund, Brumbaugh & Mcdonough, LLP
Tel: 336-274-4658
dws@iveymcclellan.com
CBRM REALTY: Hires Kurtzman Carson as Administrative Advisor
------------------------------------------------------------
CBRM Realty Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of New Jersey to employ Kurtzman
Carson Consultants, LLC dba Verita Global as administrative
advisor.
The firm's services include:
(a) assist with, among other things, solicitation, balloting,
and tabulation of votes, and prepare any related reports;
(b) prepare an official ballot certification and, if
necessary, testify in support of the ballot tabulation results;
(c) assist with the preparation of the Debtors' schedules of
assets and liabilities and statements of financial affairs and
gather data in conjunction therewith;
(d) provide a confidential data room, if requested;
(e) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(f) provide such other processing, solicitation, balloting,
and administrative services.
Kurtzman Carson Consultants will be paid at its standard hourly
rates and will be reimbursed for expenses incurred.
Evan Gershbein, executive vice president of Kurtzman, disclosed in
a court filing that the firm is a "disinterested person" pursuant
to Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Evan Gershbein
Kurtzman Carson Consultants LLC
222 N. Pacific Coast Highway, 3rd Floor
El Segundo, CA 90245
Telephone: (310) 823-9000
Email: egershbein@kccllc.com
About CBRM Realty
CBRM Realty Inc. is a Somerset, New Jersey-based real estate
investment firm.
CBRM Realty Inc. and affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-15343) on
May 19, 2025. In its petition, the Debtor reports estimated assets
and liabilities (on a consolidated basis) between $100 million to
$500 million each.
Honorable Bankruptcy Judge Michael B. Kaplan handles the case.
The Debtors tapped White & Case LLP and Ken Rosen Advisors PC as
counsel, Islanddundon LLC as financial advisor, and Kurtzman Carson
Consultants, LLC, doing business as Verita Global, as claims,
noticing, and solicitation agent.
CHAMPION IRON: S&P Assigns 'BB-' ICR, Outlook Stable
----------------------------------------------------
S&P Global Ratings assigned its 'BB-' issuer credit rating to
Quebec-based iron ore producer Champion Iron Ltd. S&P also assigned
its 'BB-' issue-level rating and '3' recovery rating to the
company's proposed senior unsecured notes due 2032.
The stable outlook reflects S&P's expectation that Champion Iron
will generate S&P Global Ratings-adjusted debt to EBITDA of about
2x while maintaining at least C$200 million of cash on its balance
sheet. It also reflects its expectation for S&P Global
Ratings-adjusted free operating cash flow (FOCF) to debt to
increase to above 10% beyond this year as it completes its DRPF
project on time and on budget.
Champion Iron produces high-grade iron ore at its Bloom Lake mine
in Quebec and is investing in a project to upgrade half of its iron
ore capacity to Direct Reduction (DR) grade. S&P said, "We expect
Champion Iron will sell about 15 million dry metric tons (Mdmt) of
iron ore per year, and by fiscal 2028, about half of the
concentrate sold would be at about 66% Fe (used mostly in blast
furnace steelmaking) with the other half at about 69% Fe (used in
Direct Reduction Iron-Electric Arc Furnace; DPI-EAF steelmaking).
We expect the pricing of different iron ore grades to remain highly
correlated, thereby offering very little diversification benefit.
That said, demand growth for DR grade iron ore will likely outpace
that of lower-grade iron ore as DRI-EAF steelmaking capacity growth
outpaces that from blast furnaces because most economies focus on
reducing greenhouse gas emissions."
S&P said, "We believe this trend and the premium attached to its DR
grade iron ore will improve the company's cost profile and lead to
a more diversified customer base with a significant portion of
existing sales to China (currently about 60% of sales) shifting to
prospective customers in the Middle East and North Africa. We also
expect the company will generate relatively average profitability
levels, including S&P Global Ratings-adjusted EBITDA margins of
about 30% over the next few years, supported by its high-grade iron
ore and our assumption for C1 cash costs of about $55/dmt and 62%
iron ore prices of $90/dmt to US$100/dmt.
"The rating reflects our view of the company's narrow product focus
and significant operating concentration. In our opinion, Champion
Iron's asset concentration is a key credit risk, because it is a
pure play iron ore producer dependent on a single mine at Bloom
Lake that has three open pits and two processing plants that are
100 meters apart. We believe this dependence on a single mine
increases the earnings risk from operating disruptions that could
include equipment failure, unplanned or prolonged shutdowns or
outages, or more. Champion Iron is also dependent on a single rail
line (about 400km long) and the port of Sept-Îles to transport its
product, neither of which it owns or operates. While Champion Iron
has in place a contract with the rail and port operators that last
the duration of the mine's operating life, the company remains
exposed to potential service disruptions owing to work stoppage,
forest fires, adverse weather, or equipment issues. For instance,
in fiscal 2024 (fiscal year-end March 31), forest fires in northern
Quebec interrupted rail operations, resulting in delays that
negatively affected revenue.
"Our view of Champion Iron's financial risk profile incorporates
our expectation for S&P Global Ratings-adjusted debt to EBITDA of
about 2x while recognizing that earnings and cash flows could be
volatile. We expect S&P Global Ratings-adjusted debt to EBITDA will
average about 2x and S&P Global Ratings-adjusted funds from
operations (FFO) to debt will average 30% to 35% over the next
couple of years. This assumes 62% Fe benchmark iron ore prices will
average $100/dmt for the rest of 2025 and $90/dmt beyond then. It
also assumes this modest decline is partially offset by higher
realized premiums (stemming from higher average grade iron ore
sold) and by lower unit costs for mining and processing. We also
incorporate the company's narrow product focus and asset
concentration, which leaves its earnings and cash flows sensitive
to fluctuating iron ore prices and potential operating disruptions.
For instance, according to our forecast and keeping all else equal,
we estimate a $10 decrease in 62% iron ore prices (about 10%) would
reduce adjusted EBITDA by about C$190 EBITDA (about 33%) and
increase S&P Global Ratings-adjusted debt to EBITDA by about a full
turn.
"We assume Champion Iron completes its DRPF project by the end of
the year, contributing to higher FOCF. Champion Iron's capital
expenditure (capex) has been elevated since 2020 with significant
investments at Bloom Lake, including a C$471 million project to
upgrade half of its iron ore capacity to DR grade. The project
involves installing additional grinding and flotation equipment at
one of the company's two concentrators. We estimate the project is
about 60% complete as of March 31, 2025, with about C$150 million
of capex remaining in fiscal 2026. As a result, we believe annual
capex will normalize over the next 12 months to about C$200
million-C$250 million (12%-15% of revenue), comprised mostly of
sustaining capex. We assume this will strengthen annual FOCF
generation to at least C$120 million, or above 10% of S&P Global
Ratings-adjusted debt beyond fiscal 2026.
"While we assume only modest FOCF generation this year as the
company completes its DRPF project, we also anticipate it will have
about C$350 million of cash on hand immediately after the proposed
transaction. We do not net this against debt, and it provides some
cushion for possible shortfalls in operating cash flow generation
or cost overruns. We also incorporate our view that the company is
likely to maintain at least C$200 million cash on its balance sheet
over the next few years based on the proposed debt structure, our
EBITDA forecast, and our understanding of the company's internal
net leverage target of 1x. While our forecast assumes Champion Iron
would maintain an annual dividend of about C$102, we think it could
be cut to reduce net leverage if 62% iron ore prices decline to
$90/dmt consistent with our estimates.
"The stable outlook reflects our expectation that Champion Iron
will generate S&P Global Ratings-adjusted debt to EBITDA of about
2x while maintaining at least C$200 million of cash on its balance
sheet. It also reflects our expectation for S&P Global
Ratings-adjusted FOCF to debt to increase to above 10% beyond this
year as it completes its DRPF project on time and on budget."
S&P could downgrade Champion Iron over the next 12 months if:
-- S&P expects S&P Global Ratings-adjusted debt to EBITDA will
sustain at or above 2.5x or S&P Global Ratings-adjusted FOCF to
debt below 10%. This could occur if operating cash flow
deteriorates from its base case, potentially following a decline in
volumes or iron ore prices or from operating challenges that drive
up unit cash costs; or
-- Its liquidity position deteriorates, potentially from
higher-than-anticipated distributions or capital investments.
S&P views an upgrade as highly unlikely over the next 12 months due
in large part to the credit risk inherent with the company's
concentrated operations and high sensitivity of its credit measures
to volatile iron ore prices. However, S&P could upgrade Champion
Iron if:
-- The company materially diversifies its product mix and asset
base, most likely from an acquisition that does not weaken its
prospective credit measures; and
-- The company maintains S&P Global Ratings-adjusted debt to
EBITDA well below 2x and solid FOCF generation.
CHERRY & CANDLEWOOD: Taps Commercial Real Estate as Broker
----------------------------------------------------------
Cherry & Candlewood Inc. seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire Mitchell Allan
Roden, dba Commercial Real Estate Services Company as real estate
agent.
The broker will market and sell the Debtor's property located at
3027 to 3029 E. South Street, CA, 92545.
The firm will render these services:
a. develop a sales strategy with the Debtor;
b. solicit interested parties for the sale (or lease) of the
Property and marketing of the Property for sale (or lease) through
a managed qualifying bid process including creating an offering
package;
c. conduct negotiations, at the Debtor's direction, for the
sale (or lease) of the Property; and
d. handle all paperwork necessary to accomplish a sale (or
lease) of the property.
The broker will receive, upon consummation of a sale, an amount
equal to 6 percent of the purchase price which it will be required
to share with the buyer's agent (4 percent if there is no
cooperating broker).
Commercial Real Estate Services Company is a disinterested person
within the meaning of 11 U.S.C. Section 101(14), according to court
filings.
The firm can be reached through:
Mitchell Allan Roden
Commercial Real Estate Services Company
4304 Raintree Circle
Culver City, CA 90230
Phone: (951) 285-3000
Email: mitchrosen951@gmail.com
About Cherry & Candlewood Inc.
Cherry & Candlewood Inc., doing business as Aamco Transmission, is
an American transmission-repair franchise founded by Robert Morgan
and Anthony A. Martino in 1957 in Philadelphia.
Cherry & Candlewood sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-19874)
on December 3, 2024, with $1 million to $10 million in both assets
and liabilities. Michael J. Long, chief executive officer, signed
the petition.
Judge Barry Russell handles the case.
The Debtor is represented by Summer Shaw, Esq. at Shaw & Hanover,
PC.
CHG US: Seeks to Hire Cassel Salpeter as Investment Banker
----------------------------------------------------------
CHG US Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Cassel Salpeter & Co., LLC to
provide investment banking services.
The firm will render these services:
a) General Advisory Services
i. reviewing and analyzing the Debtor's business, operations
and financial projections;
ii. attending meetings of the Board of Directors of the Debtor
(whether in person or telephonically); and
iii. providing testimony.
b) Sale Transaction Services
i. assisting in the preparation of materials describing the
Debtor's industry, business strategy, business and management, and
incorporating current financial and other appropriate information
furnished by the Debtor (which may be amended and/or supplemented
from time to time);
ii. assisting the Debtor in identifying and evaluating
prospective buyers for any potential Sale Transaction;
iii. canvassing the market and providing outreach to and
communicating with prospective buyers regarding any potential Sale
Transaction;
iv. coordinating and assisting the management of the Debtor in
preparing for and hosting management presentations, as well as
conference and diligence calls;
v. evaluating transaction proposals and providing Debtor
management with guidance on Transaction valuation and structure and
terms;
vi. advising with regards to divestitures of non-strategic
assets.
c) Restructuring Services
i. assisting in connection with any debtor-in possession
financing and/or use of cash collateral (the "DIP Financing"),
including the application or treatment of any such DIP financing in
connection with any proposed Restructuring;
ii. advising the Debtor on tactics and strategies for
negotiations with the stakeholders;
iii. rendering financial advice to the Debtor and participating
in meetings or negotiations with the stakeholders and/or other
appropriate parties in connection with any Restructuring;
iv. assisting the Debtor in developing a comprehensive
financial restructuring program and plan of reorganization;
v. advising the Debtor on the timing, nature, and terms of new
securities, other consideration or other inducements to be offered
pursuant to any Restructuring; and
vi. assisting the Debtor in preparing documentation within our
area of expertise that is required in connection with any
Restructuring.
The firm will receive compensation as follows:
a) Monthly Fee. A non-refundable monthly cash fee of $45,000,
payable by check or wire transfer in immediately available U.S.
funds paid on the Engagement Date and on each monthly anniversary
thereafter.
b) Sale Transaction Fee. If, whether in connection with the
consummation of a Restructuring, or otherwise, the Debtors
consummate a Sale Transaction to any party, including a stalking
horse purchaser or credit bid or a qualified overbid to a stalking
horse purchaser and/or credit bid, the Debtors shall pay to Cassel
Salpeter a sale transaction fee (the "Sale Transaction Fee"),
payable by check or wire transfer in immediately available U.S.
funds at the closing of the Sale Transaction:
I. If the DIP Lender is the winning bidder via credit bid
for the entire Planta Business:
a. And the Debtors have not received a bona-fide bid
from a third-party buyer that repays the DIP in full in cash at
closing and provides the estate with at least $250,000 of
additional cash consideration (a "Qualified Bid"), then (a) all
monthlies are credited against the Sale Transaction Fee, (b) the
Sale Transaction Fee is $350,000 with no additional incentive fee,
and (c) to be clear, there shall be no incremental incentive fee on
cash consideration paid by the DIP Lender to fund wind down
expenses, the Sale Transaction Fee, etc.
b. And the Debtors have received a Qualified Bid, then
(a) no monthlies are credited against the Cassel Salpeter's success
fee, and (b) the Sale Transaction Fee is $350,000 plus an
additional 5 percent incentive fee on the cash consideration
provided by the DIP Lender in addition to its credit bid (excluding
any cash consideration paid by the DIP Lender to fund wind down
expenses, the Sale Transaction Fee, etc.).
II. If the DIP Lender is a winning credit bidder via credit
bid for a portion of the Planta Business,
a. And there is no other winning bidder for any portion
of the Planta Business, then (a) all monthlies are credited against
the Sale Transaction Fee, (b) the Sale Transaction Fee is $350,000
with no additional incentive fee, and (c) to be clear, there shall
be no incremental incentive fee on cash consideration paid by the
DIP Lender to fund wind down expenses, the Sale Transaction Fee,
etc.
b. And another bidder is a winning bidder for a portion
of the Planta Business, then (a) the first monthly will be credited
against the Sale Transaction Fee, (b) no further monthlies beyond
the first monthly are credited against the Sale Transaction Fee,
and (b) the Sale Transaction Fee is $350,000 plus an additional 5
percent incentive fee on the cash consideration provided by the
other bidder.
III. If the DIP Lender is not a winning bidder for any
portion of the Planta Business,
a. And the winning bid for the Planta Business (or any
portion thereof) is a Qualified Bid, then (a) no monthlies are
credited against the Sale Transaction Fee, and (b) the Sale
Transaction Fee is $350,000 plus an additional 5 percent incentive
fee on the cash consideration in excess of the amount that repays
the DIP in full in cash at closing.
b. And the winning bid for the Planta Business (or any
portion thereof) is not a Qualified Bid, then (a) no monthlies are
credited against the Sale Transaction Fee, and (b) the Sale
Transaction Fee is $350,000 with no additional incentive fee.
IV. For assets that do not constitute the Planta Business
(e.g., assets related to restaurants that are closed or will soon
be closed), the Sale Transaction Fee 5 percent of the cash
consideration paid for such assets, in addition to any amounts
payable in the above scenarios.
*The "Planta Business" means the restaurants at the
following locations: Chicago, New York (Nomad), Marina del Rey,
Washington D.C. (New Hampshire Ave.), Bethesda, Toronto (Queen
St.), and Toronto (Bay St.).
To the extent a Sale Transaction Fee is due to Cassel
Salpeter hereunder, no Restructuring Fee shall also be due to
Cassel Salpeter under Paragraph 5(c) of the Engagement Agreement.
c) Restructuring Fee. If the Company consummates a
Restructuring, the Company shall pay to Cassel Salpeter a
restructuring fee (the "Restructuring Fee"), payable by check or
wire transfer in immediately available U.S. funds upon the
consummation of the Restructuring equal to $300,000. The first
monthly fee paid to Cassel Salpeter pursuant to the Engagement
Agreement shall be credited against any Restructuring Fee payable
in accordance with the Engagement Agreement.
d) Multiple Closings. If more than one Sale Transaction is
consummated, Cassel Salpeter shall be compensated based on the
aggregate Consideration of all Sale Transactions, calculated in the
manner set forth above.
e) Fee Obligation. Cassel Salpeter shall be entitled to the
fees set forth in Paragraph 5(b) and/or 5(c) of the Engagement
Agreement if any Sale Transaction or Restructuring is consummated
during the Term, or within two (2) years after the date of any
termination or expiration of the Engagement Agreement (the "Tail
Period"), or the Debtors, or their securityholders, enter into any
definitive agreement regarding a Sale Transaction and/or
Restructuring during the Term or the Tail Period that subsequently
closes (whether during or after the Tail Period), regardless of
whether Cassel Salpeter actually procured the agreement regarding
the Sale Transaction and/or Restructuring.
f) Reasonableness. The Debtors and Cassel Salpeter acknowledge
that the engagement will require a substantial professional
commitment of time and effort by Cassel Salpeter. Moreover, the
amount of time and effort may vary substantially during different
periods of the engagement. As a result, in order to ensure the
availability of all necessary professional resources, whenever
required, Cassel Salpeter may be foreclosed from pursuing other
alternative engagement opportunities. In light of the foregoing,
the Debtors and Cassel Salpeter agree that the fee arrangement
provided for under the Engagement Agreement is reasonable and
fairly compensates Cassel Salpeter.
All fees due to Cassel Salpeter shall not be subject to offsets,
are non-refundable and noncancelable. No fee payable to any third
party, by the Debtors or any other person or entity, shall reduce
or otherwise affect any fee payable to Cassel Salpeter.
Steven Salm, Esq., a managing partner at Cassel Salpeter & Co.,
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:
Steven Salm
Cassel Salpeter & Co., LLC
801 Brickell Ave.
Miami, FL 33131
Telephone: (30) 438-7700
About CHG US Holdings LLC
CHG US Holdings LLC, operating as PLANTA GROUP, operates a chain of
plant-based restaurants with 18 locations across major U.S. cities.
The Debtor's restaurants are located in Miami Beach, Brooklyn,
SOHO, Nomad, Washington DC, Atlanta, Denver, Los Angeles, West Palm
Beach, Chicago, and other metropolitan areas. These restaurants
likely offer exclusively plant-based cuisine based on the PLANTA
brand name and food vendor creditors listed in the filing.
CHG US Holdings LLC and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10851) on
May 12, 2025. In its petition, the Debtor reports assets between
$50,000 and $100,000, and liabilities ranging from $10 million to
$50 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Joseph C. Barsalona II, Esq. and
Michael J. Custer, Esq. at Pashman Stein Walder Hayden.
CITIUS PHARMACEUTICALS: Raises $6M in Registered Direct Offering
----------------------------------------------------------------
Citius Pharmaceuticals, 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 a certain
institutional investor for the issuance and sale, in a registered
direct offering by the Company, of 540,000 shares of the Company's
common stock, par value $0.001 per share, and pre-funded warrants
to purchase up to 4,380,000 shares of common stock at an offering
price of $1.22 and $1.2199, respectively. The Company also issued
to the investor warrants to purchase up to 9,840,000 shares of
common stock. The Offering closed on June 11, 2025.
The Warrants have an exercise price equal to $1.00 per share, are
exercisable immediately upon issuance and will expire twenty-four
months after the initial exercise date. The exercise price and
number of shares of common stock issuable upon exercise are subject
to appropriate adjustment in the event of stock dividends, stock
splits, reorganizations or similar events affecting the common
stock and the exercise price. If there is no effective registration
statement for the resale of the shares issuable upon exercise of
the Warrants, holders of Warrants may elect a "cashless" exercise,
whereby they would receive the net number of shares of common stock
determined according to a formula set forth in the Warrants. On the
expiration date of the Warrants, any Warrants outstanding and
unexercised will be automatically exercised via cashless exercise.
The Pre-funded Warrants are exercisable immediately, at an exercise
price of $0.0001 per share, and will remain valid and exercisable
until all the Pre-funded Warrants are exercised in full.
A holder of a Warrant or a Pre-funded Warrant will not have the
right to exercise any portion of its warrants if the holder,
together with its affiliates, would beneficially own in excess of
4.99% (or 9.99% at the election of the holder prior to the date of
issuance) of the number of shares of common stock outstanding
immediately after giving effect to such exercise; provided,
however, that upon 61 days' prior notice to the Company, the holder
may increase or decrease the Beneficial Ownership Limitation,
provided that in no event shall the Beneficial Ownership Limitation
exceed 9.99%. The exercise price and number of shares of common
stock issuable upon exercise are subject to appropriate adjustment
in the event of stock dividends, stock splits, reorganizations or
similar events affecting the common stock and the exercise price.
H.C. Wainwright and Co., LLC acted as the Company's exclusive
placement agent in connection with the Offering. In connection with
the Offering, the Company agreed to pay Wainwright a cash fee of 7%
of the gross proceeds the Company received in the Offering. The
Company agreed to also reimburse Wainwright up to $50,000 for fees
and expenses of legal counsel, $35,000 for non-accountable expenses
and $15,950 for a clearing fee. In addition, the Company granted
placement agent warrants to Wainwright, or its designees, to
purchase up to 344,400 shares of common stock. The terms of the
Placement Agent Warrants are substantially the same as the terms of
the Warrants, except that the exercise price is $1.525 per share.
The gross proceeds to the Company from the Offering were
approximately $6.0 million. Net proceeds are expected to be
approximately $5,455,000, after deducting placement agent fees and
other offering expenses payable by the Company. The Company
anticipates using the net proceeds to support the commercial launch
of LYMPHIR, including milestone, regulatory and other payments, and
general corporate purposes.
Pursuant to the Purchase Agreement, the Company agreed for a period
of 60 days following the closing of the Offering not to issue,
enter into an agreement to issue or announce the issuance or
proposed issuance of the shares or any other securities convertible
into, or exercisable or exchangeable for, shares of common stock,
subject to certain exceptions; provided that after 30 days after
the closing, the Company may issue shares of common stock in an "at
the market" offering with Wainwright as sales agent at an offering
price equal to or greater than $1.75 per share.
The Offering was made pursuant to the Company's effective
registration statement on Form S-3 (File No. 333-277319), which was
previously declared effective by the Securities and Exchange
Commission on March 1, 2024, including a prospectus supplement
filed with the SEC on June 11, 2025.
About Citius Pharmaceuticals
Headquartered in Cranford, N.J., Citius Pharmaceuticals, Inc., is a
biopharmaceutical company dedicated to the development and
commercialization of first-in-class critical care products. The
Company's goal generally is to achieve leading market positions by
providing therapeutic products that address unmet medical needs yet
have a lower development risk than usually is associated with new
chemical entities. New formulations of previously approved drugs
with substantial existing safety and efficacy data are a core
focus. The Company seeks to reduce development and clinical risks
associated with drug development yet still focus on innovative
applications.
Boston, Massachusetts-based Wolf & Company, P.C., the Company's
auditor since 2014, issued a "going concern" qualification in its
report dated Dec. 27, 2024, citing that the Company has suffered
recurring losses and has a working capital deficit as of Sept. 30,
2024. These conditions raise substantial doubt about the Company's
ability to continue as a going concern.
CITY OF CLE ELUM, WA: Chapter 9 Case Summary
--------------------------------------------
Debtor: City of Cle Elum
119 West First Street
Cle Elum, WA 98922
About the Debtor: Cle Elum is a city in Kittitas County,
Washington, known as the "Heart of the
Cascades".
The city was incorporated in 1902 and developed
around coal mining and lumber industries, with
the railroad playing a key role. Recently, Cle
Elum has faced financial challenges, including
declaring bankruptcy due to a large debt related
to a housing development
On Nov. 5, 2024, an arbitration award was
granted by Judge Paris K. Kallas in favor of
City Heights Holdings, LLC, against the City in
the amount of $22,230,175. On Dec. 9, 2024, a
judgment in the combined amount of $22,6751,525
based on the award was entered in King County
Superior Court. Due to the judgement, the City
is unable to pay its debts as they become due
and is therefore installment.
On the Web: https://cleelum.gov/
Chapter 9 Petition Date: June 24, 2025
Court: United States Bankruptcy Court
Eastern District of Washington
Case No.: 25-01128-9
Debtor's
Counsel: John S Kaplan
Stoel Rives LLP
600 University Street, Suite 3600
206-386-7524
john.kaplan@stoel.com
City's
Financial
Advisor: GlassRatner Advisory & Capital Group
d/b/a B. Riley Advisory Services
City's
Claims Agent: Stretto Inc.
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Matthew Lundh, mayor of the city.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7GIJH5Y/City_of_Cle_Elum__waebke-25-01128__0001.0.pdf?mcid=tGE4TAMA
CORVIAS CAMPUS: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Corvias Campus Living - USG, LLC
301 Metro Center Blvd.
Suite 204
Warwick, RI 02886
Case No.: 25-11214
Business Description: Corvias Campus Living - USG, LLC manages
student housing under a public-private
partnership with the Board of Regents of the
University System of Georgia. The Company
oversees the design, construction, and
operations of student residences across nine
Georgia campuses, covering about 10,000 beds
and 3 million square feet. It is a
Delaware-based, member-managed entity wholly
owned by Corvias, LLC, which in turn is
owned by Corvias Group, LLC.
Chapter 11 Petition Date: June 25, 2025
Court: United States Bankruptcy Court
District of Delaware
Judge: Hon. Thomas M Horan
Debtor's
Restructuring
Counsel: Derek C. Abbott, Esq.
Matthew O. Talmo, Esq.
Tamara K. Mann, Esq.
Brenna A. Dolphin, Esq.
Brianna N.V. Turner, Esq.
MORRIS NICHOLS ARSHT & TUNNELL, LLP
1201 North Market Street #1600
Wilmington DE 19081
Tel: (302) 658-9200
Fax: (302) 658-3989
Email: dabbott@morrisnichols.com
mtalmo@morrisnichols.com
tmann@morrisnichols.com
bdolphin@morrisnichols.com
bturner@morrisnichols.com
Debtors'
Financial
Advisor: COHNREZNICK ADVISORY LLC
Debtor's
Special
Counsel: HOLLAND & KNIGHT LLP
Debtor's
Notice,
Claims &
Administrative
Agent: DONLIN, RECANO & COMPANY, LLC
Estimated Assets: $10 million to $50,000
Estimated Liabilities: $500 million to $1 billion
The petition was signed by Thelma Edgell as president.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LZVIJPA/Corvias_Campus_Living_-_USG_LLC__debke-25-11214__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. US Bank National Association 5.3% Senior Undetermined
1420 Fifth Avenue Secured Notes
Seattle WA 98101 Due July 1, 2050
Shipman & Goodwin LLP:
Kimberly S. Cohen
Tel: 860-251-5804
Email: kcohen@goodwin.com
2. Swerling Milton Winnick Insurance $1,330,230
Public Insurance Adjusters, Inc.
36 Washington St
Suite 310
Wellesley Hills MA 02481-1917
Tel: 781-416-1000
Email: Paul@swerling.com
3. Full Circle Restoration & Insurance $551,476
Construction S and CR&R
4325 River Green Pkwy
Duluth GA 30096
Tel: 770-393-7230
Email: uliana.radionov@cottonteam.com
4. Boldyn Networks Higher Ed LLC Operating $353,960
1905 A Kramer Lane Expenses
Austin TX 78758
Tel: 678-644-7185
Email: debra.eubanks@boldyn.com
5. Georgia State University Operating $330,118
Office of Legal Affairs Expenses
75 Piedmont Avenue
Suite 100
Atlanta GA 30303
Tel: 404-413-0500
Email: sbrandenburg@gsu.edu
6. IPFS Corporation Operating $312,993
1055 Broadway Expenses
Kansas City MO 64105
Tel: 855-891-2585
Email: tammy.lewis@ipfs.com
7. Sis & Associates, LLC., Operating $292,162
Magic Maid Expenses
110 High Garden Terrace
Newnan GA 30263
Tel: 770-780-2185
Email: sisj4060@yahoo.com
8. HD Supply Facilities Operating $88,168
Maintenance Expenses
PO Box 509058
San Diego CA 92150-9058
Tel: 800-798-8888
Email: fmeft@hdsupply.com
9. Caldwell & Gregory LLC Operating $65,425
129 Broad St Rd Expenses
Manakin Sabot VA 23103
Tel: 804-784-6100
Email: ar@caldwellandgregory.com
10. City Of Atlanta Operating $57,963
Department of Watershed Expenses
Management
PO Box 105275
Atlanta GA 30348-5275
Tel: 404-546-0311
11. Jani-King of Augusta Operating $55,785
621 NW Frontage Rd Expenses
Ste 105
Augusta GA 30907
Tel: 706-790-5977
Email: accounting@janikingofaugusta.com
12. I-Shine Cleaning Services LLC Operating $46,965
5355 Watkins Road Expenses
Valdosta GA 31601
Tel: 229-412-1487
Email: ashleysmith5355@yahoo.com
13. University Of North Georgia Operating $43,851
82 College Cir Expenses
Dahlonega GA 30597
Elene Garrison, General Counsel
Email: elene.garrison@ung.edu
14. A2A Energy International, LLC Operating $41,500
3620 Harlem Rd., Suite 12 Expenses
Buffalo NY 14215-2042
Tel: 718-854-2135
Email: ar@a2aenergy.com
15. Capital City Mechanical Operating $34,833
Services, Inc Expenses and
4955 Avalon Ridge Pkwy CR&R
Ste 100
Norcross GA 30071
Tel: 770-449-0200
Email: accounting@ccmech.com
16. Lillie's Professional Operating $34,775
Cleaning Service Expenses
3062 Damascus Road
Augusta GA 30909
Tel: 706-339-6423
Email: info@lilliesprocleaning.com
17. EEC Environmental, Inc. Operating $30,000
One City Blvd West Expenses
Ste 1800
Orange CA 92868
Tel: 714-667-2300
Email: AR@eecenvironmental.com
18. Co-Operative Co. Operating $29,037
dba Roofman Expenses and
194 Andrews Subdivision CR&R
Lavonia GA 30553
Tel: 678-615-2065
Email: cooperative.company@gmail.com
19. Amazon Capital Services, Inc Operating $28,167
PO Box 81207 Expenses
Seattle WA 98108-1207
Tel: 617-922-7396
Email: ar-businessinvoicing@amazon.com
20. SCANA Energy Marketing, LLC Operating $24,285
PO Box 105046 Expenses
Atlanta GA 30348
Tel: 614-659-5083
Email: accountsreceivable@igs.com
CORVIAS CAMPUS: Seeks Chapter 11 Bankruptcy in Delaware
-------------------------------------------------------
Rick Archer of Law360 reports that on Wednesday, June 24, 2025, the
Georgia affiliate of student and military housing provider Corvias
filed for Chapter 11 bankruptcy in Delaware, citing an unviable
contract with Georgia's public universities that has left it unable
to manage its $532 million debt burden.
About Corvias Campus Living - USG, LLC
Corvias Campus Living is a campus housing operator that manages
student living facilities for universities within the University
System of Georgia.
Corvias Campus Living sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11214) on June 25,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $500
million and $1 billion.
The Debtor is represented by Derek C. Abbott, Esq. at Morris,
Nichols, Arsht & Tunnell.
CP ATLAS BUYER: S&P Downgrades ICR to 'CCC+' on Elevated Leverage
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on CP Atlas
Buyer Inc.'s (dba American Bath Group; ABG) to 'CCC+' from 'B-' and
revised its outlook to stable.
S&P said, "At the same time, we assigned our 'CCC+' issue-level
rating and '3' recovery rating to its proposed first-lien debt due
2030 and our 'CCC-' and '6' recovery rating to the company's
proposed second-lien notes due 2031.
"The stable outlook on ABG reflects our view that while we expect
elevated leverage in the next 12 months, we expect debt-to-EBITDA
to decline toward 9x by 2026 and believe the company's proposed
capital structure with no near-term maturities will mitigate the
risk of specific default scenarios within the next 12 months.
"The rating action reflects our view that ABG's credit metrics will
remain under pressure, with leverage above 10x during the next 12
months, as lower volumes exacerbated by subdued demand persist. The
company's revenue decreased about 5% during the first three months
of fiscal year 2025 (ended April 5, 2025), relative to the same
period in fiscal year 2024. This is due to sales volumes declining
amid the persistently weak activity in the R&R and new housing
construction markets as big-ticket R&R spend decreases and a
downward trend toward opening price points in new housing
construction persist. ABG's lower volumes also continue to impair
its credit metrics. As of the RTM ended April 5, 2025, the
company's S&P Global Ratings-adjusted leverage was above 10.5x and
its EBITDA interest coverage was near 1x, compared with 7.5x and
1.5x, respectively, during the same period in March 2024. We expect
the softness in R&R and new housing construction will persist over
the next 12 months with marginal improvement possible in 2026.
Therefore, we forecast ABG's leverage will remain above 10x during
that period, with the potential for improvement in 2026 if consumer
borrowing rates and its product demand and mix improve.
"Despite our expectations for elevated leverage and negative FOCF
over the next 12 months, we believe ABG's proposed updated capital
structure and liquidity position mitigate further downside rating
risk. As of April 2025, the company had about $35 million of cash
on its balance sheet and its $130 million revolving credit facility
was undrawn. In addition, we expect ABG will generate funds from
operations (FFO) of $18 million-$20 million over the next 12
months. While we expect the company's FOCF generation to remain
negative in the upcoming quarters, we believe its liquidity
position will enable it to fund operations over the next 12 months.
We also do not anticipate ABG will undertake any dividends through
the forecast period and note the company's proposed capital
structure with no near-term maturities helps mitigate further
downside rating risk.
"The stable outlook reflects our expectation that while ABG will
continue to operate at a modest cash burn, it has no immediate
maturities and will have sufficient liquidity to operate over the
next 12 months."
S&P could lower its rating on ABG over the next 6-12 months if:
-- Operating performance worsens such that its liquidity position
and negative FOCF generation causes elevated draws on the revolver
facility, pressuring the revolver covenant (which is tested when
utilization exceeds 35%);
-- The company's operating performance continues to weaken such
that EBITDA interest coverage declines below 1x, or we no longer
view its liquidity as sufficient because of significant negative
FOCF, tighter covenant headroom, or if a violation of its covenants
limits access to the revolving credit facility; or
-- The company announces a debt exchange or restructuring that S&P
deems tantamount to a default.
Although unlikely in the next 12 months, S&P could raise its rating
on ABG if its performance improves such that its S&P Global
Ratings-adjusted leverage improves toward 8x, its EBITDA interest
coverage is above 1.5x, and FOCF is sustainably positive.
CRYPTO CO: Reports Q1 Loss of $612K on $2.9K Revenue
----------------------------------------------------
The Crypto Company reported a net loss of $611,582 on $2,856 in
services revenue for the first quarter of 2025, narrowing from a
$1.09 million loss on $15,806 in services revenue a year earlier,
according to a Form 10-Q filing with the Securities and Exchange
Commission.
The decline in revenue was primarily driven by reduced demand for
blockchain training services, as free artificial intelligence tools
became more widely available. Revenue for the 2025 period
consisted of fees received for blockchain training and consulting
generated by the Company's BTA subsidiary.
As of March 31, 2025, the Company had $6,933 in total assets, $6.90
million in total liabilities, and a total stockholders' deficit of
$6.90 million.
The Company has incurred significant losses and experienced
negative cash flows since inception. As of March 31, 2025, the
Company had cash of $6,933. As of March 31, 2025 the accumulated
deficit amounted to $54,018,043. The Company said its recurring
losses and financial condition raise substantial doubt about its
ability to continue as a going concern.
The Crypto Company stated its ability to continue as a going
concern depends on generating future profits and securing financing
to meet obligations and repay liabilities as they come due.
Management is evaluating different strategies to obtain financing
to fund the Company's expenses and achieve a level of revenue
adequate to support the Company's current cost structure.
Financing options may include private placements, debt borrowings,
partnerships or collaborations. The Company said there is no
assurance its funding efforts will succeed.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1688126/000164117225015699/form10-q.htm
About The Crypto Company
Headquartered in Malibu, California, The Crypto Company --
www.thecryptocompany.com -- is engaged in the business of providing
consulting services and education for blockchain technology and for
the building of technological infrastructure and enterprise
blockchain technology solutions. During 2024 and 2023 the Company
generated revenues and incurred expenses solely through these
consulting operations.
In an auditor's report dated June 13, 2025, Bush & Associates CPA
LLC issued a "going concern" qualification citing that the Company
has suffered recurring losses from operations, negative cash flows
from operations and has a significant accumulated deficit, that
raises substantial doubt about its ability to continue as a going
concern.
CYTTA CORP: Drops Prager Metis After Fake AI-Driven Sales Orders
----------------------------------------------------------------
Cytta Corp. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that it entered into a material
definitive agreement on January 7, 2023, with Michael Elliott
pursuant to which Mr. Elliott through his dba's CEO Roadshow and
Capital Markets Connect agreed to provide Cytta with live webinar
services and ancillary marketing, sales and promotional services
based upon AI technology funded by Cytta. During the course of the
Agreement, Mr. Elliott utilized AI technology to create marketing,
sales and promotional materials that were then distributed
throughout social media platforms.
Ultimately, Mr. Elliott reported to Cytta that he had engaged many
Police Departments and Sheriff's Offices to enter into trials uses
of the Company's CyttaCOMMS software for drone streaming and
collaboration. Ultimately, Mr. Elliott delivered 33 Law Enforcement
executed Sales Orders to the Company which were included as
revenues and accounts receivable in the Company's December 31,
2024, Quarterly Financial Report. When the Company sent email
confirmations to the email addresses of the purported purchasers,
Mr. Elliott used his AI skills to provide fraudulent confirmation
responses to Cytta and ultimately to its Auditors, Prager Metis
CPAs, LLC. When questions about the veracity of the Orders arose,
the Company immediately suspended Mr. Elliott and requested answers
to the outstanding questions regarding the Sales Orders, among
other matters.
Cytta Corp. on March 26, 2025, retained an experienced and
independent National Sales professional, Mr. Stuart Brame, to
contact each Police Department and Sheriff's Office and determine
whether the Sales Orders provided by Mr. Elliott were valid. Mr.
Brame's report of May 14, 2025, determined that none of the
purported Sales Orders were verifiable and thus were fraudulently
and/or negligently provided to Cytta by Mr. Elliott. Mr. Elliott
provided no justification or explanation for the results Mr. Brame
provided. On May 28, 2025, Mr. Elliott was terminated for cause.
The accounts receivable resulting from the unverifiable Sales
Orders recorded on December 31, 2024, Quarterly Statements needed
to be reversed in the March 31, 2025, Quarterly Statements.
Unfortunately, pursuant to their policies its Auditors required the
Company to also hire a formal Forensic Auditor, in addition to the
Brame Report, before PM could continue as the Company's Auditors.
The Board of Directors determined that the significant additional
expense of retaining a forensic auditing firm was unnecessary and
the Board determined to sever its relationship with PM over this
issue and seek new Auditors.
About Cytta Corp
Cytta Corp., headquartered in Las Vegas, Nevada, is focused on
developing and marketing advanced streaming and integrated
communication products, using technology based upon the SUPR
(Superior Utilization of Processing Resources) video compression
codec/algorithm and its IGAN (Incident Global Area Network)
incident command proprietary software solutions. Cytta currently
develops, markets, and distributes proprietary video streaming
products and services that improve how video is streamed, consumed,
transferred, and stored in enterprise environments.
Hackensack, New Jersey-based Prager Metis CPAs, LLC, the Company's
auditor since 2020, issued a "going concern" qualification in its
report dated Jan. 14, 2025. The report cited that, as of Sept. 30,
2024, the Company had an accumulated deficit of $36,867,892 and has
generated losses since inception. These factors, among others,
raise substantial doubt about the Company's ability to continue as
a going concern.
The Company incurred a net loss of $4.26 million for the year ended
Sept. 30, 2024, following a net loss of $4.73 million for the year
ended Sept. 30, 2023.
DANIMER SCIENTIFIC: Unsecureds to Recover Up to 2% of Claims
------------------------------------------------------------
DSI Winddown, Inc. (f/k/a Danimer Scientific, Inc.) and affiliates
filed with the U.S. Bankruptcy Court for the District of Delaware a
Combined Disclosure Statement and Chapter 11 Plan of Liquidation
dated June 11, 2025.
Founded in 2004 and headquartered in Bainbridge, Georgia, the
Debtors are a publicly traded, performance-polymer company
specializing in renewable and biodegradable bioplastic replacements
for traditional petroleum-based plastics that are used to produce
products such as straws, food containers, and cutlery, among other
things.
Since the Petition Date, with the help of Livingstone, the Debtors
conducted a further robust Sales Process to identify a purchaser of
some or all of the Debtors' Assets, which was governed by the
Bidding Procedures Order entered on April 17, 2025, by the
Bankruptcy Court. In connection with the Sales Process, Livingstone
directly interacted with over 35 potential buyers, each of which
was either continuing work from involvement in the prepetition
marketing process or new to the process following Livingstone's
involvement.
Ultimately, the Debtors received only one Qualified Bid (as defined
in the Bidding Procedures Order) for substantially all of their
Assets for a Cash purchase price of $19 million, plus the
assumption of certain liabilities, including up to $500,000 in cure
costs associated with the assumption and assignment of Executory
Contracts and Unexpired Leases. No other Qualified Bids were
received for substantially all of the Debtors' Assets. Further
information regarding the Sale Process can be found in the
Declaration of Adam Green in Support of the Debtors' Proposed Sale
of Substantially All of Their Assets to Teknor Apex Company, and
the relevant motion, Bidding Procedures Order, and related notice
can be found at Docket Nos. 93, 196, and 200.
On May 20, 2025, the Bankruptcy Court entered the Sale Order
approving and authorizing the Debtors to consummate the 363 Asset
Sale to the Purchaser. The 363 Asset Sale closed on May 30, 2025.
Additionally, the Debtors may sell certain De Minimis Assets in
accordance with De Minimis Asset Sale Order. Any proceeds from such
De Minimis Asset Sales will be distributed in accordance with the
Bankruptcy Code and this Disclosure Statement and Plan.
Upon the closing of the 363 Asset Sale, and in accordance with the
Final DIP Order and Sale Order, the Debtors were required to repay
the DIP Facility. The Debtors also created Reserves to satisfy
certain estimated Claims, which repayments and reserves are set
forth in paragraph 44 of the Sale Order. The Debtors repaid the
total balance of the DIP Facility upon the closing of the 363 Asset
Sale, which was approximately $14.58 million.
Pursuant to the Committee Settlement, (x) $750,000 plus (y) any
remaining Cash that was previously allocated for Professional fees
in the Approved Budget (with the total sum of (x) and (y) not to
exceed $1 million), will be used first to fund the costs and
expenses of preparing, implementing and confirming this Disclosure
Statement and Plan, with any remaining Cash being distributed to
the Liquidation Trust, whose primary task will be to pursue the
Liquidation Trust Retained Causes of Action. The Liquidation Trust
will distribute any proceeds from the Liquidation Trust Retained
Causes of Action in accordance with the terms of the Committee
Settlement as embodied in this Disclosure Statement and Plan to
Holders of Super Senior Bridge Loan Claims, IP Term Loan Claims and
General Unsecured Claims.
Class 4 consists of all General Unsecured Claims. Each Holder of an
Allowed General Unsecured Claim shall receive on the Effective Date
or as soon as reasonably practicable thereafter its Pro Rata share
of the Liquidation Trust Series C Interests. Holders of Allowed
General Unsecured Claims against more than one Debtor shall be
treated as having a single Allowed General Unsecured Claim solely
for purposes of any distribution. Class 5 is Impaired.
The allowed unsecured claims total $240.98 million. This Class will
receive a distribution of 0% to 2% of their allowed claims.
The Debtors recently completed the process of selling substantially
all of their Assets pursuant to the Bidding Procedures Order and
the Sale Order. The 363 Asset Sale closed on May 30, 2025. Unless
otherwise specified in this Disclosure Statement and Plan, all
Assets not sold pursuant to such process (or any De Minimis Asset
Sales) will be contributed to the Wind Down Estate and/or the
Liquidation Trust, as applicable, pursuant to this Disclosure
Statement and Plan.
A full-text copy of the Combined Disclosure Statement and Plan
dated June 11, 2025 is available at https://urlcurt.com/u?l=A3TglZ
from Stretto Inc., claims agent.
The Debtors' Counsel:
Daniel J. DeFranceschi, Esq.
Zachary I. Shapiro, Esq.
Matthew P. Milana, Esq.
Alexander R. Steiger, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
Tel: (302) 651-7700
Fax: (302) 651-7701
Email: defranceschi@rlf.com
shapiro@rlf.com
milana@rlf.com
steiger@rlf.com
George R. Howard, Esq.
David S. Meyer, Esq.
VINSON & ELKINSLLP
The Grace Building
1114 Avenue of the Americas, 32nd Floor
New York, New York 10036-7708
Tel: (212) 237-0000
Fax: (212) 237-0100
Email: ghoward@velaw.com
dmeyer@velaw.com
- and -
Trevor G. Spears, Esq.
Sara Zoglman, Esq.
2001 Ross Avenue, Suite 3900
Dallas, Texas 75201
Tel: (214) 220-7700
Fax: (214) 220-7716
Email: tspears@velaw.com
szoglman@velaw.com
About Danimer Scientific Inc.
Danimer Scientific, Inc. is a performance polymer company
specializing in bioplastic replacement for traditional
petroleum-based plastics. The company is based in Bainbridge, Ga.
Danimer Scientific and its affiliates filed Chapter 11 petitions
(Bankr. D. Del. Lead Case No. 25-10518) on March 18, 2025. In its
petition, Danimer Scientific reported assets between $500 million
and $1 billion and liabilities between $100 million and $500
million.
Judge Mary F. Walrath handles the cases.
The Debtor tapped Vinson & Elkins, LLP as general bankruptcy
counsel; Richards, Layton & Finger, P.A. as Delaware local counsel;
and AlixPartners, LLP as financial advisor. Stretto, Inc. is the
Debtor's notice, claims and solicitation agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Brown Rudnick, LLP and Porzio, Bromberg & Newman,
P.C. as legal counsel and Dundon Advisers, LLC as financial
advisor.
DARKPULSE INC: Taps Ex-CBP Exec via Kraken for Border Tech Deal
---------------------------------------------------------------
DarkPulse, Inc. announced the signing of a contract for services
with Kraken International Security Solutions and its founder Boone
Smith, a former Executive Director at U.S. Customers and Border
Protection.
Boone's more than 24 years of dedicated service with the Department
of Homeland Security, Customs and Border Protection, and the U.S.
Border Patrol--where he held numerous leadership roles across
national and border security efforts--adds to the Company's team of
local, state and federal border experts focused on national border
and perimeter security technology deployment opportunities.
"Kraken's team, including Boone Smith the company's founder, brings
a wealth of border security expertise that will assist DarkPulse
with its endeavor to deploy its sensor systems along national
borders," said Dennis O'Leary, DarkPulse founder and CEO. He
continued, "I personally look forward to working with Boone and the
rest of his team."
Mr. Smith stated, "As the founder of Kraken International Security
Solutions LLC, I am excited to partner with DarkPulse Inc. in this
important effort to enhance our nation's border security.
DarkPulse's innovative sensing technology will play a crucial role
in providing real-time surveillance and threat detection and
helping to secure America's borders more effectively. We look
forward to working together to create a safer future for all
Americans."
About Kraken International
Founded in 2024 by Mr. Boone Smith, Kraken International Security
Solutions LLC draws on decades of expertise in homeland security,
border enforcement, and strategic security initiatives. Boone's
more than 24 years of dedicated service with the Department of
Homeland Security, Customs and Border Protection, and the U.S.
Border Patrol--where he held numerous leadership roles across
national and border security arenas--guides the company's
commitment to delivering innovative, effective security solutions
and operational excellence. His comprehensive experience at various
levels of government service enables Kraken to understand and
address complex security challenges leveraging a proven combination
of skilled personnel, established relationships, advanced
technology, and infrastructure positioning Kraken to focus on
strengthening security at domestic borders and beyond. Boone's deep
government background allows the firm to develop collaborative,
beneficial solutions across all sectors of homeland security,
improving response and resilience. With a focus on operational
effectiveness, Kraken is dedicated to safeguarding critical assets
and enhancing national security through innovative strategies and
proven expertise.
About DarkPulse Inc.
Houston, Texas-based DarkPulse, Inc. is a technology-security
company incorporated in 1989 as Klever Marketing, Inc. Its
wholly-owned subsidiary, DarkPulse Technologies Inc., originally
started as a technology spinout from the University of New
Brunswick, Fredericton, Canada. The Company's security and
monitoring systems will initially be delivered in applications for
border security, pipelines, the oil and gas industry, and mine
safety. Current uses of fiber optic distributed sensor technology
have been limited to quasi-static, long-term structural health
monitoring due to the time required to obtain the data and its poor
precision. The Company's patented BOTDA dark-pulse sensor
technology allows for the monitoring of highly dynamic environments
due to its greater resolution and accuracy.
Lagos, Nigeria-based Boladale Lawal & Co., the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated April 14, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company suffered an accumulated deficit of $(71,259,677), net loss
of $(3,893,859) and a negative working capital of $(17,160,706).
The Company is dependent on obtaining additional working capital
funding from the sale of equity and/or debt securities to execute
its plans and continue operations. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
DELEK LOGISTICS: Fitch Lowers IDR to 'B+', Outlook Stable
---------------------------------------------------------
Fitch Ratings has downgraded the Issuer Default Rating (IDR) of
Delek Logistics Partners, LP's (DKL) to 'B+' from 'BB-' and the
unsecured debt co-issued by DKL and Delek Logistics Finance Corp.
to 'B+' from 'BB-'with a Recovery Rating of 'RR4'. The Rating
Outlook is Stable. DKL's Standalone Credit Profile (SCP) remains
consistent with a 'B+' rating. Upon the downgrade of Delek US
Holdings (B+/Stable) DKL no longer receives a one-notch uplift from
its relationship with the parent as they each have the same SCP. As
per Fitch's Parent Subsidiary Linkage Criteria if the entities are
determined to have the same SCP the PSL analysis process ends at
that point.
DKL's rating is supported by its location-advantaged assets,
growing size and scale, and ongoing initiatives in diversifying its
customer base and service offerings. This is balanced by the
partnership's high distribution, elevated capital needs and
business risk associated with the acquired assets. The downgrade is
driven by the change in the Parent Subsidiary Linkage due to the
downgrade of Delek US Holdings.
Key Rating Drivers
Leverage Elevated by Aggressive Growth: Fitch considers leverage to
be a crucial aspect of DKL's credit profile due to the
partnership's counterparty and geographic concentration, as well as
the significant distributions inherent in the master limited
partnership (MLP) model. Fitch projects that leverage will remain
between 4.5x and 5x throughout its forecast and Distribution
Coverage will remain modestly above 1x.
Fitch does not anticipate a significant reduction in leverage in
the near term through internally generated FCF and the recently
approved $150 million share buyback authorization. The
partnership's post-dividend FCF has been consistently negative, and
Fitch expects this trend to continue due to high capital
requirements and a steady increase in shareholder distributions.
Fitch also assumes that there will be some execution risk
associated with integrating the newly acquired assets.
Growth Supported by Strategic Location: DKL benefits from its
strategic location in the Permian Basin, where oil production has
remained resilient through various commodity price cycles. The
acquisitions of the Delaware Gathering System, H2O Midstream, and
Gravity assets have expanded DKL's asset base in the Permian Basin.
Fitch notes that midstream service providers with a single-basin
focus are exposed to significant risks if there are any substantial
disruptions or slowdowns in the region's refining markets or
hydrocarbon production.
Counterparty Exposure: Delek Holdings remains the largest
counterparty for DKL, accounting for approximately 55% of DKL's net
revenues and approximately 37% of gross margin as of 2024. Fitch
anticipates that this cash flow concentration will persist in the
near term until the recently announced growth initiatives and
contract amendments take effect and diversify DKL's customer base.
While DKL's customer concentration risk is expected by Fitch to
decrease due to higher third-party EBITDA, the partnership
maintains significant exposure to non-investment grade (non-IG)
and/or unrated counterparties.
Volumetric Risk and Direct Commodity Price Exposure: The
partnership's revenues are supported by long-term fixed-fee
contracts with minimum volume commitments (MVCs) from Delek
Holdings and some other customers. Increasing third-party EBITDA
contribution may potentially expose the partnership to higher
volumetric risk as gathering and processing contracts in the
Permian Basin typically lack MVCs. Direct commodity price exposure
historically accounted for about 5% of EBITDA. Fitch anticipates
that commodity price exposure will slightly increase with the sale
of skim oil from the wastewater disposal business.
Peer Analysis
Fitch views DKL's SCP as consistent with 'B+' rated midstream
issuers.
Peers include Harvest Midstream I, L.P. (HMI; BB-/Stable), Howard
Midstream Energy Partners, LLC (BB-/Stable), and NGL Energy
Partners LP (B/Stable). DKL is smaller than all but Howard and
higher levered than all but natural gas liquid (NGL). Delek is
somewhat more exposed to volumetric risk than peers with the
exception of NGL. DKL is somewhat less diversified than these peers
and more exposed to volumetric risk.
Key Assumptions
- Fitch price deck for West Texas Intermediate (WTI) oil price of
$60/bbl in 2025, 2026 and 2027, and $57/bbl thereafter;
- Fitch price deck for Henry Hub prices of $3.25/mcf in 2025,
$3.0/mcf in 2026, and $2.75/mcf thereafter;
- Fitch's Global Economic Outlook interest rate assumptions;
- One refinery turnaround each year;
- Capex and distributions for 2025 largely in line with management
guidance;
- No significant acquisition, asset sales or drop down from Delek
Holdings assumed over the forecast;
- $150 million of share buybacks over the 2025-2026 time frame;
- No additional contract amendment with Delek Holdings.
Recovery Analysis
Fitch examined Delek Logistics on both a going concern (GC) and
liquidation value basis and expects it would be reorganized as a GC
in the event of bankruptcy.
Fitch assumed an 100% draw on the $1.15 billion credit facility.
Fitch applied a 10% administrative claim to the GC enterprise value
(EV). Fitch's GC EBITDA reflects DKL's recovery from a scenario in
which near-term liquidity constraints result in default and
bankruptcy. Fitch uses a 6.0x EBITDA multiple to arrive at its GC
EV, which is in line with other similar midstream companies.
Fitch's GC standalone EBITDA of $360 million represents the
emergence EBITDA after poor execution of acquisitions and growth
projects leading to lowered liquidity and financial market access.
Delek's distribution of value results in the credit facility
recovering at 'RR1' and the unsecured notes recovering at 'RR4'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Expected leverage above 5.0x and/or Distribution Coverage below
1.0x on a sustained basis;
- A material changes in contractual arrangements or operating
practices, or a significant deterioration in customer quality with
Delek Holdings, which negatively affect DKL's cash flow and
earnings profile, as long as Delek Holdings remains a significant
counterparty;
- Weakening of the Parent Subsidiary Linkage with Delek US
Holdings;
- Impairments to liquidity.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- An upgrade is unlikely in the near term. However, Fitch may
consider positive rating action if:
- Demonstrated ability to maintain the EBITDA leverage at or below
4.0x, together with a favorable rating action at Delek US
Holdings.
Liquidity and Debt Structure
As of March 31, 2025, DKL had approximately $417 million in
available liquidity. Cash on balance sheet was $2.1 million. The
partnership had about $445 million available under its $1.15
billion senior secured revolving credit facility, maturing in
October 2027. The credit facility is secured by first priority
liens on substantially all of the partnerships and its subsidiaries
assets.
The credit facility includes restrictions on total leverage, senior
leverage and interest coverage, which must remain below 5.25x
(5.50x for certain acquisitions), 3.75x (4.0x for certain
acquisitions) and above 2.0x, respectively. As of March 31, 2025,
DKL was in compliance with its covenants, and Fitch expects this to
continue through the forecast period.
Issuer Profile
Delek Logistics Partners, LP (DKL) is a limited partnership formed
in 2012 by Delek US Holdings, Inc. The partnership owns and
operates crude oil, intermediate and refined products pipelines and
transportation, storage, wholesale marketing and terminalling and
offloading assets.
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
Delek Logistics Partners, LP has an ESG Relevance Score of '4' for
Group Structure due to material related party transactions with its
sponsor Delek U.S. Holdings, LLC, which has a negative impact on
the credit profile, and is relevant to the rating[s] in conjunction
with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Delek Logistics
Finance Corp.
senior unsecured LT B+ Downgrade RR4 BB-
Delek Logistics
Partners, LP LT IDR B+ Downgrade BB-
senior unsecured LT B+ Downgrade RR4 BB-
DELEK LOGISTICS: S&P Assigns 'BB-' Rating on Sr. Unsecured Notes
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '4'
recovery rating to Delek Logistics Partners L.P.'s announced $500
million eight-year senior unsecured notes. The '4' recovery rating
indicates its expectation for average (30%-50%; rounded estimate
30%) recovery in the event of a payment default.
The partnership will use proceeds to repay outstanding borrowings
on the revolving credit facility and pay transaction related fees.
DELEK US: Fitch Lowers IDR to 'B+', Outlook Stable
--------------------------------------------------
Fitch Ratings has downgraded Delek U.S. Holdings, Inc.'s Issuer
Default Rating (IDR) to 'B+' from 'BB-', affirmed its ABL issue
rating at 'BB+' with a Recovery Rating of 'RR1', and downgraded the
term loan issue rating to 'BB-'/'RR3' from 'BB+'/'RR2'. The Rating
Outlook is Stable.
The rating reflects Delek's medium size, location-advantaged assets
near the Permian Basin and Gulf of Mexico (Gulf of America), and
adequate liquidity. These strengths are tempered by its relatively
low asset complexity, small scale and geographic concentration
within the Petroleum Administration for Defense District III. The
downgrade was driven by elevated leverage, increased business and
cash flow risk following the divestiture of the retail business,
and lack of meaningful debt repayment from asset sales proceeds.
Key Rating Drivers
Reduced Diversification: In Fitch's view, the sale of the company's
retail business and the subsequent purchases of the water handling
and gas processing assets have increased the company's cash flow
volatility. Fitch considers the water handling and gas processing
businesses as more variable, with at least some volume risk,
whereas the retail business is typically less volatile and often
countercyclical.
Volatile Refining Margins: Delek's Fitch-calculated consolidated
EBITDA leverage rose significantly to 20.5x in 2024 following the
weak refining environment. Crack spreads have partially recovered,
but crude spreads remain somewhat compressed. Fitch forecasts
EBITDA will improve only moderately in the near term given the soft
demand environment. Delek's Enterprise Optimization Plan may, over
time, provide sustainable through-the-cycle improvements in its
refining margin. The refining sector's inherent cyclicality and
emerging challenges, such as the rise of electric vehicles
potentially diminishing hydrocarbon demand, present ongoing risks.
Moderating but Elevated Leverage: Leverage is expected to improve
from very high 2024 levels but remain at somewhat elevated levels.
Fitch forecasts consolidated leverage to remain above 5x throughout
the forecast and sees standalone leverage declining to 3.7x in 2026
and decreasing modestly thereafter.
Relatively Small, Average-Quality Asset Base: With 302,000 barrels
per day (bbl/d) of refining capacity, Delek is larger than 'B'
rated peers CVR Energy, Inc. (CVI; B+/Stable) at 207,000 bbl/d and
Par Pacific Holdings Inc. (B+/Stable) at 219,000 bbb/d, and smaller
than higher-rated peers. Quality is limited by Delek's lower Nelson
Complexity Indexed refineries, ranging from 8.7-10.5, compared with
more complex peers. This lack of refinery complexity is offset by
Delek's flexibility, as its access to low-cost Permian and regional
crudes has benefited from stronger price differentials.
Adequate Liquidity: Liquidity remains adequate after a year of weak
refining market conditions, with $624 million of cash and $717
million of revolver availability at the end of March 2025. The
company benefits from less traditional liquidity levers, such as
drop-downs to Delek Logistics Partners, LP (DKL; B+/Stable) and
sales of DKL equity in the market. DKL has authorization to buy up
to $150 million of Delek shares over the next two years and has
already purchased $10 million in 2025. While the revolver's
borrowing base may vary with working capital levels, Fitch expects
Delek to maintain sufficient liquidity.
Logistics Diversification: Fitch views the integrated logistics
segment as a credit positive that helps to stabilize financial
performance against the volatility of the refining sector. Delek's
62.6% ownership stake in DKL has been declining over time as DKL
uses its shares to acquire assets. Delek's ownership stake in DKL
will likely continue to decline as DKL buys back shares from Delek
and continues to grow through equity-funded acquisitions.
Challenging Regulatory Environment: U.S. refiners face unfavorable
regulatory headwinds that will cap long-term demand for refined
product in the U.S. The Environmental Protection Agency (EPA) has
denied petitions for small refinery exemptions (SREs), which Delek
historically received. Litigation is ongoing and a positive
resolution may moderate the risk of Delek needing to purchase
Renewable Identification Numbers (RINs) and/or provide for some
form of recovery of past RIN purchase costs. Fitch's forecasts do
not currently assume a renewal of the exemption or recovery, given
the uncertainty around the timing and form of resolution.
Peer Analysis
At 302,000 bbl/d, Delek operates on a smaller scale than
Fitch-rated peers, such as HF Sinclair's 678,000 bbl/d and PBF's
1.02 million bbl/d, but has higher nameplate capacity than CVI's
206,500 bbl/d. Delek benefits from material cash flow
diversification from the midstream segment and historically from
the retail segment. The volatility of Delek's cash flow profile has
increased with the divestiture of the retail business. Consolidated
leverage is higher than peers due to the inclusion of the
higher-levered logistics business.
Similar to peers, the company has the ability to process discounted
regional crudes, with recent benefits from increased crude spreads.
Historically, Delek received EPA SREs for all four of its
facilities. However, the EPA has denied petitions for these
exemptions to continue. Delek idled its ethanol and biodiesel
production facilities in 2Q24.
Key Assumptions
- West Texas Intermediate oil prices of $60.00/bbl in 2025 through
2027 and $57.00/bbl thereafter;
- Crack spreads remain around 2024 levels;
- Delek Logistics buys back $150 million of shares from Delek U.S.
Holdings over the 2025-2026 period;
- Capex ranges from $300 million to $400 million throughout the
model.
Recovery Analysis
Fitch examined Delek on both a going concern (GC) and liquidation
value (LV) basis and expects it would be reorganized as a GC in the
event of bankruptcy.
Fitch assumed an 80% draw on the $1.1 billion ABL facility and a
full draw of the $25million bank revolver.
Fitch deducts inventory held by third parties under Delek's
inventory intermediation agreement in equivalent amounts from both
the inventory figure in the LV and the corresponding balance sheet
liability as Delek does not hold title to this inventory, and it is
not considered collateral for the benefit of general creditors. The
company records the Citigroup Energy Inc. (Citi) titled inventory
amount as inventory on the balance sheet with a corresponding
liability until final sale to a third party. The remaining
inventories' titles are held by Delek. Fitch has assumed this
portion of the inventory recovers at an advance rate of 80%.
Fitch applied a 10% administrative claim to the GC enterprise value
(EV). Fitch's GC EBITDA reflects Delek's recovery from a scenario
in which near-term liquidity constraints result in default and
bankruptcy. The EBITDA that is used for the analysis is the
standalone Delek U.S. Holdings EBITDA, not inclusive of Delek
Logistics EBITDA and only the debt at Delek U.S. Holdings is
considered in this analysis. Fitch uses a 5.5x EBITDA multiple to
arrive at its GC EV, reflecting diversification through the
logistics segment.
Fitch's GC standalone EBITDA of $300 million includes assumptions
for the likely need of a super senior working capital facility in a
bankruptcy scenario, excludes the value of Citi titled inventory
and reflects financing expenses related to current intermediation
agreements. The figure is based on a recovery year after trough
year in its stress case scenario. The GC EBITDA also reflects
increased long-term midcycle price expectations and material
investment into energy transition projects.
Delek's distribution of value results in the ABL facility
recovering at 'RR1', ahead of the first lien term loan, which
recovers at 'RR3'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Erosion of liquidity buffers resulting from prolonged negative
cash flow and/or material downward borrowing base redetermination;
- Standalone EBITDA leverage above 4.0x and/or net leverage above
2.0x sustained through the cycle;
- Regulatory changes that increase costs, including RINs and other
federal and state regulations;
- Change in stated financial policy that prioritizes shareholder
returns over sustaining the liquidity profile.
Factors that Could Individually or Collectively, Lead to Positive
Rating Action/Downgrade
- Material increase in size, scale or asset quality, as evidenced
by an increase in refining capacity and/or asset complexity;
- Standalone total EBITDA leverage sustained below 2.5x through the
cycle;
- Successful track record as an operator of acquired assets and
sustained improvement in refining margins from cost/efficiency
gains, or other factors.
Liquidity and Debt Structure
As of March 31, 2025, Delek had $623.8 million of cash on hand and
availability of $717 million under its revolving credit facilities.
Delek has exhibited sufficient liquidity buffers, and Fitch expects
the company will be able to cover necessary maintenance and growth
capex.
The company's debt structure as of March 31, 2025 consisted
primarily of a $950 million first lien term loan and a $1.1 billion
first lien revolver maturing in 2029 and 2027, respectively, with a
smaller facility ($25 million) United Community Bank, Inc. revolver
due in June 2026. Fitch believes Delek's location-advantaged,
albeit small, asset base and midstream assets inform a robust
business model and reduce refinancing risk.
Issuer Profile
Delek U.S. Holdings, Inc. is a small U.S.-based downstream energy
company with petroleum refining assets, logistics and terminaling
assets, mainly in Texas, Arkansas and Louisiana (all refineries are
in the PADD 3 region).
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
----------- ------ -------- -----
Delek US Holdings, Inc. LT IDR B+ Downgrade BB-
senior secured LT BB+ Affirmed RR1 BB+
senior secured LT BB- Downgrade RR3 BB+
DIOCESE OF BURLINGTON: Catholic Abuse Claims Data Breach Reported
-----------------------------------------------------------------
Kevin O'Connor of vtdigger reports that a cyberattack on Berkeley
Research Group, a firm managing clergy abuse claims for multiple
Catholic dioceses, may have exposed sensitive data -- including
confidential allegations -- tied to bankruptcy proceedings across
the U.S., court records show.
The Vermont Roman Catholic Diocese, one of a dozen religious
entities that hired the firm, was collecting abuse reports when
Berkeley discovered the breach in early March 2025. In court
filings in Burlington, the California-based firm confirmed the
incident but said it could not share further details due to an
ongoing FBI investigation. It added that it is actively monitoring
the internet and dark web for leaks, but has so far found no signs
that stolen data has been published, according to vtdigger.
Attorneys representing over 100 survivors in Vermont said they're
unsure whether any confidential claims were compromised. They
noted, however, that the breach occurred about a month before the
April 4, 2025 deadline to submit abuse reports—suggesting that
the firm may not have been in possession of those claims at the
time.
According to report, the Vermont diocese, which became the 40th
Catholic institution in the U.S. to seek Chapter 11 protection due
to clergy misconduct dating back to the 1950s, referred inquiries
to its legal counsel at Fredrikson & Byron, who declined to
comment.
The U.S. Trustee Program, a branch of the Department of Justice
that oversees bankruptcy cases, flagged the potential exposure of
confidential information as "very concerning" in recent filings.
As part of the bankruptcy process, the Burlington court paused
ongoing abuse lawsuits and invited survivors to file confidential
claims as potential creditors. A total of 118 new claims were
submitted just before or shortly after the cyberattack—nearly
doubling the number of past settlements in the state over two
decades, the report relays.
According to The Wall Street Journal, a hacker posing as an IT
employee infiltrated the firm's systems and installed ransomware.
Court filings revealed Berkeley Research Group paid an undisclosed
amount to the attacker in exchange for a “destruction log”
confirming that any stolen data had been deleted and would not be
released.
The Burlington bankruptcy court is set to hold a hearing on the
breach on June 24, 2025, vtdigger reports.
The breach affected 12 Catholic entities, including the dioceses of
Vermont; Oakland, San Diego, San Francisco, and Santa Rosa in
California; the Franciscan Friars; the Archdiocese of New Orleans
in Louisiana; the Diocese of Baltimore in Maryland; and the
dioceses of Albany, Ogdensburg, Rochester, and Rockville Centre in
New York. While Berkeley has not specified what data was taken from
each diocese, it emphasized that the attack also impacted corporate
clients, suggesting the breach was not religiously targeted, the
report states.
About Roman Catholic Diocese Of Burlington Vermont
Roman Catholic Diocese of Burlington sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Vt. Case No. 24-10205) on
Sept. 30, 2024. In the petition signed by Reverend John Joseph
McDermott, bishop, the Debtor disclosed up to $50 million in assets
and up to $10 million in liabilities.
Judge Heather Z. Cooper oversees the case.
The Debtor tapped James Baillie, Esq., at Fredrikson & Byron, P.A.
as bankruptcy counsel and Obuchowski Law Office as local counsel.
DIOCESE OF SAN DIEGO: Law Office of James Files Rule 2019 Statement
-------------------------------------------------------------------
The Law Office of James Byrnes filed a verified statement pursuant
to Rule 2019 of the Federal Rules of Bankruptcy Procedure to
disclose that in the Chapter 11 case of The Roman Catholic Bishop
of San Diego, the firm represents Sexual Abuse Claimant.
The Law Office of James Byrnes is located at 424 F Street, Suite
201, San Diego, CA 92107. Attorney James Byrnes is duly licensed to
practice before Courts of the State of California and the U.S.
District Court for the Southern District of California.
The Law Office of James Byrnes individually represents each Sexual
Abuse Claimant. Due to confidentiality, each Claimant listed in
Exhibit A has been identified by their Sexual Abuse Proof of Claim
Form number. The names and addresses of the confidential Claimants
are available to permitted parties who have executed a
confidentiality agreement and have access to the Sexual Abuse Claim
Forms.
Pursuant to individual fee agreements, the Law Office of James
Byrnes was individually retained by each Claimant listed in Exhibit
A to pursue claims for damages against the Debtor as a result of
sexual abuse. This includes representing and acting on behalf of
each Claimant in the bankruptcy case.
The law firm can be reached at:
Law Office of James Byrnes
James Byrnes, Esq.
424 F Street, Suite 201
San Diego, CA 92101
Telephone: (619) 544-1477
Email: lawbyrnes@yahoo.com
About The Roman Catholic Bishop of San Diego
The Roman Catholic Bishop of San Diego sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.P.R. Case No.
24-02202) on June 17, 2024. In the petition signed by Rodrigo
Valdivia, vice moderator of the Curia, the Debtor disclosed up to
$500 million in both assets and liabilities.
Judge Christopher B. Latham oversees the case.
The Debtor tapped Gordon Rees Scully Mansukhani, LLP, as counsel
and GlassRatner Advisory & Capital Group, LLC, doing business as B.
Riley Advisory Services, as financial advisor. Donlin, Recano &
Company, Inc., is the claims agent and administrative advisor.
DISCOVER QUARTZ: Seeks to Hire Mickler & Mickler as Legal Counsel
-----------------------------------------------------------------
Discover Quartz & Granite, LLC seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ the
Law Offices of Mickler & Mickler LLP to handle its Chapter 11
case.
The firm will be paid at its hourly range from $300 to $400.
Bryan Mickler, Esq., an attorney at Mickler & Mickler, 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:
Bryan K. Mickler, Esq.
Law Offices of Mickler & Mickler, LLP
5452 Arlington Expressway
Jacksonville, FL 322211
Telephone: (904) 725-0855
Facsimile: (904) 725-0855
Email: bkmickler@planlaw.com
About Discover Quartz and Granite
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.
Discover Quartz and Granite LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-01983) on June 15, 2025. In its petition, the Debtor reports
total assets of $952,930 and total liabilities of $2,535,353.
Honorable Bankruptcy Judge Jacob A. Brown handles the case.
The Debtor is represented by Bryan K. Mickler, Esq. at the Law
Offices of Mickler & Mickler, LLP.
DISCOVER QUARTZ: Seeks to Use Cash Collateral
---------------------------------------------
Discover Quartz and Granite, LLC asked the U.S. Bankruptcy Court
for the Middle District of Florida, Jacksonville Division, for
authority to use cash collateral.
The request is necessary to sustain ongoing business operations and
to meet essential post-petition obligations, including property
taxes and insurance.
The Debtor previously executed promissory notes, mortgages, and
security agreements pledging assets such as rents, accounts
receivable, chattel paper, contracts, bank accounts, and other
forms of cash collateral to several lenders. Of these, only the
U.S. Small Business Administration, which filed its lien on
December 8, 2021, is currently treated as a secured creditor. Other
entities, including PNC Bank, Unique Funding Solutions, Channel
Partners Capital, Funding Futures LLC, and Top Tier Capital, are
being treated as unsecured creditors despite more recent lien
filings.
The Debtor acknowledges that the pledged cash collateral is
property of the Chapter 11 estate under 11 U.S.C. Section 541 and
is essential to maintaining business continuity. Without access to
this collateral, the Debtor's operations would come to a halt.
To protect the interests of the SBA and any other secured
creditors, the Debtor is willing to grant a post-petition
replacement lien on all cash collateral generated after the filing
date.
A court hearing is set for July 1.
About Discover Quartz and Granite LLC
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.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01983) on June 15,
2025. In the petition signed by Angelica De Souza, manager, the
Debtor disclosed $952,930 in assets and $2,535,353 in liabilities.
Judge Jacob A. Brown oversees the case.
Bryan K. Mickler, Esq. at the Law Offices of Mickler & Mickler,
LLP, represents the Debtor as bankruptcy counsel.
DOUBLE HELIX: Steven Wallace Named Subchapter V Trustee
-------------------------------------------------------
The Acting U.S. Trustee for Region 13 appointed Steven Wallace as
Subchapter V trustee for Double Helix Corporation.
Mr. Wallace will be paid an hourly fee of $325 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Wallace declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Steven M. Wallace
Goldenberg Heller & Antognoli P.C.
2227 South State Route 157
Edwardsville, Illinois 62025
Telephone: (618) 656-5150
Facsimile: (618) 656-6230
Email: steven@ghalaw.com
About Double Helix Corporation
Double Helix Corporation, doing business as KDHX Community Media,
is a nonprofit organization based in St. Louis, Missouri, that
operates an independent, non-commercial radio station at 88.1 FM.
The station offers a wide variety of programming, including music,
as well as public affairs shows and educational content. In
addition to its radio broadcasts, KDHX engages with the local
community through events, educational programs, and support for
independent artists.
Double Helix Corporation sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Miss. Case No. 25-40745) on March 10,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Judge Bonnie L. Clair handles the case.
The Debtor is represented by Robert Eggmann, Esq., at Carmody
MacDonald, P.C., in Saint Louis, Missouri.
EEHF 18: Gets Interim OK to Use Cash Collateral
-----------------------------------------------
EEHF 18, Inc. got the green light from the U.S. Bankruptcy Court
for the District of Massachusetts, Eastern Division, to use cash
collateral.
The court's order authorized the Debtor's interim use of cash
collateral to pay the expenses set forth in its budget pending a
final hearing.
The Debtor's cash collateral includes cash on hand and proceeds of
its pre-bankruptcy accounts receivable.
The Debtot has four secured creditors with UCC-1 lien, which are
J&M Bakeries, Legend Funding, Parkview Advance, and Quick Funding,
which assert lien on the cash collateral.
As protection for any diminution in the value of their cash
collateral, the secured creditors will be granted replacement
liens, with the same validity, priority and enforceability as their
pre-bankruptcy liens.
The next hearing is set for July 9. Objections are due by July 8.
About EEHF 18 Inc.
EEHF 18 Inc., doing business as A Sunrise Bakery and Coffee Shop,
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.
EEHF 18 sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass.Case No. 25-11218) on June 15,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Judge Christopher J. Panos handles the case.
The Debtor is represented by John Sommerstein, Esq.
EEHF 18: Seeks to Hire John F. Sommerstein as Legal Counsel
-----------------------------------------------------------
EEHF 18 Inc. seeks approval from the U.S. Bankruptcy Court for the
District of Massachusetts to hire Law Offices of John F.
Sommerstein as general bankruptcy counsel.
The firm's services include:
(a) advise the Debtor with respect to its powers and duties in
the continued management and operation of its business and assets;
(b) attend meetings and negotiate with representatives of
creditors and other parties-in-interest and respond to creditors
inquiries;
(c) advise the Debtor regarding its ability to initiate
actions to collect and recover property for the benefit of its
estate;
(d) advise and assist the Debtor in connection with any
potential property disposition;
(e) assist the Debtor in reviewing, estimating and resolving
claims asserted against its estate;
(f) negotiate and prepare on behalf of the Debtor a feasible
plan of reorganization and all related documents;
(g) prepare necessary legal documents necessary for the
administration of the estate; and
(h) perform all other bankruptcy-related legal services and
provide all other legal advice to the Debtor that may be necessary
and proper in this proceeding.
John Sommerstein, the owner of the Law Offices of John F.
Sommerstein, will be paid at his hourly rates of $475 plus
reimbursement for expenses incurred.
The firm requested a retainer in the amount of $16,000 from the
Debtor.
Mr. Sommerstein 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:
John F. Sommerstein, Esq.
Law Offices of John F. Sommerstein
1091 Washington Street
Gloucester, MA 01930
Telephone: (617) 523-7474
About EEHF 18 Inc.
EEHF 18 Inc., doing business as A Sunrise Bakery and Coffee Shop,
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.
EEHF 18 Inc. sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11218) on June
15, 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 Christopher J. Panos handles the case.
The Debtors are represented by John Sommerstein, Esq. at JOHN F.
SOMMERSTEIN.
ELETSON HOLDINGS: 2nd Circ. Stays Reed Smith Doc. Disclosure Order
------------------------------------------------------------------
Emily Sawicki of Law360 Bankruptcy Authority reports that on
Wednesday, June 26, 2025, the Second Circuit granted Reed Smith
LLP's emergency request to pause a Manhattan federal judge's order
requiring the firm to turn over client files, as a legal dispute
continues over the rightful ownership of international shipping
company Eletson, which is embroiled in a conflict with rival
Levona.
About Eletson Holdings
Eletson Holdings Inc. is a family-owned international shipping
company, which touts itself as having a global presence with
headquarters in Piraeus, Greece as well as offices in Stamford,
Connecticut, and London.
At one time, Eletson claimed to own and operate one of the world's
largest fleets of medium and long-range product tankers and boasted
a fleet consisting of 17 double hull tankers with a combined
capacity of 1,366,497 dwt, 5 LPG/NH3 carriers with a combined
capacity of 174,730 cbm and 9 LEG carriers with capacity of 108,000
cbm.
Eletson Holdings, a Liberian company, is Eletson's ultimate parent
company and is the direct parent and owner of 100% of the equity
interests in the two other debtors, Eletson Finance (US) LLC, and
Agathonissos Finance LLC.
Eletson and its two affiliates were subject to involuntary Chapter
7 bankruptcy petitions (Bankr. S.D.N.Y. Case No. 23-10322) filed on
March 7, 2023 by creditors Pach Shemen LLC, VR Global Partners,L.P.
and Alpine Partners (BVI), L.P. The petitioning creditors are
represented by Kyle J. Ortiz, Esq., at Togut, Segal & Segal, LLP.
On Sept. 25, 2023, the Chapter 7 cases were converted to Chapter 11
cases.
The Honorable John P. Mastando, III is the case judge.
Derek J. Baker, Esq., represents the Debtors as bankruptcy
counsel.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors. The committee tapped Dechert, LLP as its legal
counsel.
ELIS HOLDINGS: Seeks Approval to Tap J. Zac Christman as Counsel
----------------------------------------------------------------
Elis Holdings, LLC seeks approval from the U.S. Bankruptcy Court
for the Middle District of Pennsylvania to employ J. Zac Christman,
Esq., an attorney practicing in Stroudsburg, Pa., as counsel.
The attorney will render these services:
(a) guide the Debtor on compliance with the bankruptcy code,
its rights, powers and responsibilities;
(b) prepare required applications and motions;
(c) file required reports, anticipated defense of contested
matters; and
(d) prepare and anticipate negotiation of a plan of
reorganization.
The attorney will be paid at his hourly rate of $300 and paralegal
services are billed at $120 per hour.
The attorney received a retainer of $4,262 from Elizabeth Shewdat,
the Debtor's sole member.
Mr. Christman disclosed in a court filing that he is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The attorney can be reached at:
J. Zac Christman, Esq.
538 Main Street, Suite 102
Stroudsburg, PA 18360
Telephone: (570) 234-3960
Email: zac@jzacchristman.com
About Elis Holdings LLC
Elis Holdings LLC is a limited liability company.
Elis Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Pa. Case No. 25-01519) on May 29,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Mark J. Conway handles the case.
The Debtor is represented by J. Zac Christman, Esq.
ENVISION HEALTHCARE: Reaches Debt Agreement with Lenders
--------------------------------------------------------
Jill R. Shah of Bloomberg News reports that Envision Healthcare
Corp. has struck a deal with its lenders to reduce borrowing costs
as it continues its business turnaround.
The physician staffing company plans to refinance its existing $400
million term loan into a smaller $295 million facility, according
to sources familiar with the matter. The new loan will carry an
interest rate of 6.5 percentage points over SOFR and be issued at
99 cents on the dollar—making it more cost-effective than the
original financing, the sources said.
About Envision Healthcare Corporation
Envision Healthcare Corporation -- http://www.EnvisionHealth.com/
-- is a national medical group that delivers physician and advanced
practice provider services, primarily in the areas of emergency and
hospitalist medicine, anesthesiology, radiology, teleradiology and
neonatology. As a leader in ambulatory surgical care, AMSURG holds
ownership in more than 250 surgery centers in 41 states and the
District of Columbia, with medical specialties ranging from
gastroenterology to ophthalmology and orthopedics. In total, the
medical group offers a differentiated suite of clinical solutions
on a national scale with a local understanding of communities,
creating value for health systems, payers, providers and patients.
On May 15, 2023, Envision and affiliates filed voluntary petitions
for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.
Texas Lead Case No. 23-90342). Envision reported $1 billion to $10
billion in both assets and liabilities.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Jackson Walker, LLP as
conflict counsel and co-counsel with Kirkland & Ellis; Alvarez &
Marsal North America, LLC as restructuring advisor; PJT Partners,
LP as investment banker; and KPMG, LLP as tax consultant. Kroll
Restructuring Administration, LLC is the claims, noticing and
solicitation agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped White & Case, LLP as legal counsel and Force Ten
Partners, LLC as financial advisor.
Daniel T. McMurray is the patient care ombudsman appointed in the
Debtors' cases.
EPIC COMPANIES: Files Amendment to Disclosure Statement
-------------------------------------------------------
EPIC Companies Midwest, LLC, and affiliates submitted an Amended
Disclosure Statement describing Amended Plan of Liquidation dated
June 11, 2025.
As of the effective date of the Plan, the Debtors shall be
substantively consolidated and all assets of the Debtors'
bankruptcy estates shall transfer to a liquidating trust (the
"Liquidating Trust") to be administered by the CRO, as the
liquidating trustee (the "Liquidating Trustee").
The Liquidating Trustee will liquidate all remaining non-cash
assets, undertake resolution of claims, pursue any viable avoidance
actions and other causes of action, make distributions to holders
of Allowed claims, and take any such other action as necessary to
wind down the Debtors' businesses and distribute assets of the
Liquidating Trust to holders of Allowed claims.
The Debtors propose the Plan to facilitate the most efficient and
timely liquidation of the Debtors' remaining assets as well as the
fastest distribution of proceeds to holders of Allowed claims. The
Debtors believe that the Liquidating Trustee, and the committee
appointed to oversee the Liquidating Trustee (the "Liquidating
Trust Advisory Committee"), have the familiarity with the Debtors'
assets and the liquidating expertise needed to realize the maximum
value for the remaining assets in a reasonable period of time. The
Debtors believe that the Plan will provide the greatest recovery
for, and the fastest payment to, holders of Allowed claims.
As of March 31, 2025, the Debtors collectively hold approximately
$282,535 in cash. The Debtors and/or Liquidating Trustee expect to,
among other things: (a) litigate or settle all pending adversary
proceedings; (b) evaluate and pursue any and all Causes of Action;
and (c) liquidate any remaining assets. The Debtors estimate that
holders of Allowed general unsecured claims will receive between
approximately 18.9% and 28.8% of the value of their Allowed claims.
The purpose of the Plan is to create a mechanism for the
liquidation of remaining property of the estates, the disposition
of Causes of Action, the resolution of claim disputes, and the
distributions to holders of Allowed claims in accordance with the
priority scheme created by the Bankruptcy Code. The Debtors believe
that the Liquidating Trust created under the Plan and the
Liquidating Trustee and Liquidating Trust Advisory Committee will
do this in a more cost effective and timely manner than any other
alternative, including the conversion of the case and the
appointment of a Chapter 7 trustee.
Like in the prior iteration of the Plan, Class 1 consists of the
general unsecured claims asserted against the Debtors. Except to
the extent that a holder of a Class 1 claim: (a) has been paid by
the Debtors prior to the Effective Date; or (b) agrees to a less
favorable classification and treatment, each holder of an Allowed
Class 1 claim shall receive a pro rata distribution from the
Liquidating Trust after the payment of all Allowed Administrative
Expense Claims, statutory fees and costs, Allowed priority claims,
and all costs and expenses of the Liquidating Trust.
On and after the Effective Date: (a) all assets and liabilities of
the Debtors shall be treated as though they were pooled; (b) each
claim filed or to be filed against any of the Debtors, as to which
two or more of the Debtors are co-liable as a legal or contractual
matter, shall be deemed filed as a single claim against, and a
single obligation of, the Debtors; (c) all claims held by one of
the Debtors against one or more of the other Debtors shall be
cancelled or extinguished; (d) no distributions shall be made under
the Plan on account of any claim held by one of the Debtors against
one or more of the other Debtors; (e) all guarantees of any of the
Debtors of the obligations of one or more of the other Debtors
shall be eliminated so that any claim against any of the Debtors
and any claim based upon a guarantee thereof executed by one or
more of the other Debtors shall be treated as one claim against the
substantively-consolidated Debtors; and (f) any joint and several
liability of any of the Debtors shall be one obligation of the
substantively-consolidated Debtors and any claims based upon such
joint or several liability shall be treated as one claim against
the substantively-consolidated Debtors.
On the Effective Date, the Debtors and the Liquidating Trustee
shall enter into the Liquidating Trust Agreement. Additionally, on
the Effective Date, the Debtors shall irrevocably transfer to the
Liquidating Trust all right, title, and interest in and to the
Liquidating Trust Assets in accordance with the Plan, including,
without limitation, Article 8.5 of the Plan. In its capacity as
Liquidating Trustee, the Liquidating Trustee shall accept all
Liquidating Trust Assets on behalf of the beneficiaries of the
Liquidating Trust, and be authorized to obtain, seek the turnover,
liquidate, and collect all of the Liquidating Trust Assets not in
its possession.
A full-text copy of the Amended Disclosure Statement dated June 11,
2025 is available at https://urlcurt.com/u?l=BL7TLz from
PacerMonitor.com at no charge.
Attorneys for the Debtors:
Michael S. Raum, Esq.
FREDRIKSON & BYRON, P.A.
51 Broadway, Suite 400
Fargo, ND 58102-4991
701.237.8200
Email: mraum@fredlaw.com
Steven R. Kinsella, Esq.
Katherine A. Nixon, Esq.
FREDRIKSON & BYRON, P.A.
60 South 6th Street, Suite 1500
Minneapolis, MN 55402-4400
Tel: 612.492.7000
E-mail: skinsella@fredlaw.com
knixon@fredlaw.com
About EPIC Companies Midwest
EPIC Companies Midwest, LLC is a real estate investing and
development firm in Minot, N.D.
EPIC and its affiliates filed voluntary Chapter 11 petitions
(Bankr. D.N.D. Lead Case No. 24-30281) on July 8, 2024. Patrick
Finn, chief restructuring officer, signed the petitions.
At the time of the filing, EPIC reported $10 million to $50 million
in both assets and liabilities.
Judge Shon Hastings oversees the cases.
Steven Kinsella, Esq., at Fredrikson & Byron, PA represents the
Debtors as legal counsel.
The U.S. Trustee for Region 12 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee is represented by the law firm of Stinson, LLP.
ESSENTIALS MASSAGE: Seeks to Hire Feher Law as Bankruptcy Counsel
-----------------------------------------------------------------
Essentials Massage and Facials of Trinity 54 LLC seeks approval
from the U.S. Bankruptcy Court for the Middle District of Florida
to hire Feher Law, P.L.L.C. as its counsel.
The firm will render these services:
a. give advice to the Debtor with respect to its powers and
duties as a Debtor and Debtor-in-Possession;
b. take all necessary actions to protect and preserve the
estate of the Debtor;
c. 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;
d. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
e. protect the interest of the Debtor in all matters pending
before the court; and
f. represent the Debtor in negotiation with its creditors in
the preparation of a Chapter 11 plan.
Feher Law's currently hourly rates are $300 per hour for attorneys
and $85 for legal assistants.
Feher Law, P.L.L.C. is a disinterested party, as disclosed in the
court filings.
The firm can be reached through:
Kristina E. Feher, Esq.
Feher Law, P.L.L.C.
1275 66th Street N., #40042
St. Petersburg, FL 33743
Tel: (727) 359-0367
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.
EXCELL COMMUNICATIONS: Committee Hires Porzio Bromberg as Counsel
-----------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of Excell Communications, Inc. and its affiliates
seeks approval from the U.S. Bankruptcy Court for the Eastern
District of New York to employ Porzio, Bromberg & Newman, PC as
counsel.
The firm will provide the following services:
(a) advise the committee with respect to its power and duties
under Bankruptcy Code;
(b) assist the committee in its investigation of the acts,
conduct, assets, liabilities, and financial condition of the
Debtors;
(c) assist the committee in connection with any proposed sale
of the Debtors' assets;
(d) assist the committee in connection with any proposed
Chapter 11 plan or other disposition of these cases;
(e) assist the committee in analyzing the claims of the
Debtors' creditors and their capital structure and in negotiating
with holders of claims;
(f) advise and represent the committee in connection with
matters generally arising in these cases;
(g) review and analyze all applications, motions, orders,
statements of operations and schedules filed with the Court by the
Debtors or third parties, advise the committee as to their
propriety, and, after consultation, take appropriate action;
(h) prepare necessary legal papers on behalf of the committee;
and
(i) represent the committee at hearings held before the Court
and communicate with it regarding the issues raised, as well as the
decisions of the Court.
The firm will be paid at these rates:
Warren Martin, Principal $1,400
Rob Schechter, Principal $925
Brett Moore, Principal $925
Rachel Parisi, Principal $875
Cheryl Santaniello, Principal $875
Kelly Curtin, Principal $875
Christopher Mazza, Principal $750
Kimberly Pageau, Counsel $750
Michael Medved, Associate $560
Jenny Zhou, Associate $500
Jessica O'Connor, Paralegal $425
Peri Balala, Legal Assistant $375
Kayla Dunn, Legal Assistant $245
In addition, the firm will seek reimbursement for expenses
incurred.
Ms. Curtin 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:
Kelly D. Curtin, Esq.
Porzio, Bromberg & Newman, PC
1675 Broadway, Suite 1810
New York, NY 10019
Telephone: (646)-348-6723
Email: kdcurtin@pbnlaw.com
About Excell Communications
Excell Communications, Inc. is a project management firm engaged in
the installation of network infrastructure for the wireless, fiber
and utility industries in the State of New York.
Excell Communications, Inc. sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
25-71444) on April 14, 2025.
The Plaintiff is represented by Peter A. Romero, Esq. at Law Office
of Peter A. Romero PLLC.
On May 16, 2025, the U.S. Trustee for the Eastern District of New
York appointed an official committee of unsecured creditors in
these Chapter 11 cases. The committee tapped Porzio, Bromberg &
Newman, PC as counsel.
FIBERCO GENERAL: Unsecureds to Get Share of Income for 5 Years
--------------------------------------------------------------
Fiberco General Engineering Contractors, Inc., filed with the U.S.
Bankruptcy Court for the Central District of California a First
Amended Plan of Reorganization for Small Business dated June 11,
2025.
The Debtor is a California corporation engaged in the business of
general engineering contracting specializing in fiber optic
construction. The Debtor has been in business since 1996. The role
of Debtor's business is to create pathways in the public right of
way for placing fiber-optic communication cables.
A couple of years ago Debtor began experiencing financial
difficulties relating to a slowdown in new job orders. To assist
with Debtor's cash flow issues, the Debtor sought additional
funding for its operations in the form of merchant cash advance
"MCA" loans. These sources of funding proved disastrous for
Debtor. Debtor commenced this case to protect its business from the
predatory MCA lenders.
This Plan is intended to provide the structure and method by which
Debtor will reorganize its debts. It provides for the
reorganization of Debtor's finances and proposes to pay creditors
through Debtor's cash on hand and income generated over the
five-year life of the Plan. Debtor is dedicating all its projected
disposable income over five years to pay its creditors.
The Debtor's projections demonstrate that Debtor will have the
ability to make all the payments due under the Plan, including (1)
on the Effective Date, (2) to administrative claim holders, (3) to
Class 1 through Class 30 secured claim holders, (4) to priority
claim holders, (4) to Class 32 general unsecured claim holders.
Class 32 consists of General Unsecured Claims. Any Allowed Claim
in this Class shall be paid pro rata with other Class claims. The
Debtor is dedicating all of its projected disposable income for a
period of five years. The amount of Debtor's projected disposable
income is intended to be cash in excess of its operational costs
and cash reserves.
Distributions to Class 32 claimants will be made after allowed
administrative claims and priority unsecured claims are paid in
full. Distributions will be made twice per year by the Disbursing
Agent, with the first distribution projected to begin on or before
Dec. 31, 2029. The remaining distributions will be made on or
before June 30 and Dec. 31 of each subsequent year.
Equity Interest holders will retain their Equity Interests.
Distributions to creditors under the Plan will be funded from cash
on hand and income generated by Debtor over the life of the Plan.
Debtor's projections demonstrate that Debtor will have the ability
to make the payments due (1) on the Effective Date, (2) to
administrative claim holders, (3) to Class 1 through Class 30
secured claim holders, (4) to priority claim holders, (4) to Class
32 general unsecured claim holders.
The Debtor is dedicating all its projected disposable income over
five years to pay its creditors. A schedule showing the financial
projections and projected disposable income which is expected to be
available for payment to creditors. Debtor will segregate its
projected disposable income monthly into a separate distribution
account from which the Disbursing Agent will make the payments
under the Plan.
A full-text copy of the First Amended Plan dated June 11, 2025 is
available at https://urlcurt.com/u?l=51cD4u from PacerMonitor.com
at no charge.
Counsel to the Debtor:
David A. Wood, Esq.
Aaron E. De Leest, Esq.
Sarah R. Hasselberger, Esq.
MARSHACK HAYS WOOD LLP
870 Roosevelt
Irvine, CA 92620-3663
Tel: (949) 333-7777
Fax: (949) 333-7778
Email: dwood@marshackhays.com
About Fiberco General Engineering Contractors
Fiberco General Engineering Contractors Inc., established in 1995,
is a general engineering contractor based in Riverside, California.
The Company specializes in utility system construction and heavy
and civil engineering projects.
Fiberco General Engineering Contractors sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D.
Cal. Case No. 25-10912) on Feb. 18, 2025. In its petition, the
Debtor reports total assets of $2,451,262 and total liabilities of
$2,989,654.
Honorable Bankruptcy Judge Scott H. Yun handles the case.
The Debtor is represented by Michael R. Totaro, Esq., at TOTARO &
SHANAHAN, LLP.
FINGER LAKE: Trustee Taps WNW Management as Manager of Best Western
-------------------------------------------------------------------
Mark J. Schlant, as Chapter 11 Trustee of Finger Lake LLC, seeks
approval from the U.S. Bankruptcy Court for the Western District of
New York to hire WNW Management LLC as manager of the Best Western
Plus Inn & Suites Horseheads.
WNW will manage, supervise, direct and control the management and
operation of the Hotel in accordance with its standard
administrative, budgeting, marketing, personnel and operational
policies and practices. The manager shall have discretion and
control in all matters relating to management and operation of the
Hotel (including) its accounting and inventory control systems,
including payroll administration for all Hotel personnel and
employees, and payroll tax filings, all of which relate to or
affect Hotel operations.
The firm will receive these fees:
(1) an amount equal to four percent of Gross Revenue, or
$4,500, whichever is greater; and
(2) an additional monthly fee of $1,000 for the accounting
services.
WNW Management is a "disinterested person" as that term is defined
in Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached through:
Jonathan Reiss
WNW Management, LLC
8 North Ravine Road
Great Neck, NY 11023
Email: jreiss@wnwhospitality.com
About Finger Lake LLC
Finger Lake LLC is an accommodation and food services business
operating in Horseheads, New York.
Finger Lake LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.N.Y. Case No. 25-20007) on January 4,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $50,000 and $100,000 each.
Kevin Tung, Esq. of Kevin Kerveng Tung, P.C. represents the Debtor
as counsel.
FINLEY DESIGN: Seeks to Hire Sasser Law Firm as Bankruptcy Counsel
------------------------------------------------------------------
Finley Design, PA seeks approval from the U.S. Bankruptcy Court for
the Eastern District of North Carolina to Sasser Law Firm as
bankruptcy counsel.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties
and the continued operation of its business and management of its
owned property;
(b) prepare and file necessary monthly reports, plan of
reorganization and disclosure statement;
(c) prepare on behalf of the Debtor necessary legal papers;
(d) perform all other legal services for the Debtor which may
be necessary herein until and through the case's confirmation,
dismissal, or conversion;
(e) undertake necessary action, if any, to avoid liens against
the Debtor's property obtained by creditors and to recover
preferential payments within 90 days of the filing of said petition
under Chapter 11;
(f) perform a search of the public records to locate liens and
assess validity; and
(g) represent at hearings, confirmation, and any 2004
examination.
The firm's attorney will be paid at an hourly rate of $350, plus
reimbursement for expenses incurred.
The firm received a retainer of $10,000, plus $1,738 filing fee
from the Debtor.
Philip Sasser, Esq., an attorney Sasser Law Firm, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Philip Sasser, Esq.
Sasser Law Firm
2000 regency Parkway, Suite 230
Cary, CA 27518
Telephone: (919) 319-7400
Email: philip@sasserbankruptcy.com
About Finley Design
Finley Design P.A., d/b/a Finley Design PA Architecture +
Interiors, 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.
Finley Design P.A. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-02252) on June 2,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
The Debtor is represented by Philip M. Sasser, Esq., at Sasser Law
Firm.
FLIP LLC: Seeks to Hire the Law Offices of Ali K LLC as Counsel
---------------------------------------------------------------
Flip, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Maryland to employ the Law Offices of Ali K, LLC as
counsel.
The firm will render these services:
(a) give the Debtor legal advice with respect to its powers
and duties;
(b) prepare, as necessary, legal papers filed by the Debtor;
(c) prepare a disclosure statement and plan of reorganization;
and
(d) perform all other legal services for the Debtor which may
be necessary herein.
The firm will be paid at its hourly rate of $425.
The firm received a retainer of $15,000 from the Debtor.
Duane Demers, Esq. an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Duane R. Demers, Esq.
Law Offices of Ali K, LLC
6328 Baltimore national Pike, Suite 200
Catonsville, MA 21228
Telephone: (443) 274-1002
Email: demers@7474law.com
About Flip LLC
Flip, LLC leases real estate properties across residential,
commercial, and industrial sectors. The Company operates as a
lessor, providing rental and leasing services for various types of
real property.
Flip, LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Md. Case No. 25-14842) on May 29, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtor is represented by Duane R. Demers, Esq., at the Law
Offices of Ali K, LLC.
FRED RAU: Seeks to Hire Fear Waddell as General Insolvency Counsel
------------------------------------------------------------------
Fred Rau Dairy, Inc. seeks approval from the U.S. Bankruptcy Court
for the Eastern District of California to employ Fear Waddell, PC
as general insolvency counsel.
The firm will provide these services:
(a) consult with the Debtor concerning its present financial
situation, its realistic achievable goals, and the efficacy of
bankruptcy as a means to achieve its goals;
(b) prepare the documents necessary to commence the bankruptcy
case;
(c) advise the Debtor concerning its duties as
debtor-in-possession in a Chapter 11 case;
(d) identify, prosecute, and defend claims and causes of
actions assertable by or against the estate;
(e) prepare applications, motions, answers, briefs, records,
reports, notices, proposed orders, and other papers in connection
with administration of the estate;
(f) if necessary, prepare and prosecute such pleadings as
complaints to avoid preferential transfers or transfers deemed
fraudulent as to creditors, motions for authority to borrow money,
sell property, or compromise claims and objections to claims; and
(g) take all necessary action to protect and preserve the
estate, and all other legal services requested.
The firm received a pre-petition retainer of $100,000 from the
Debtor.
The firm will seek reimbursement for expenses incurred.
Peter Fear, Esq., an attorney at Fear Waddell, disclosed in a court
filing that the firm is a "disinterested persons" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Peter L. Fear, Esq.
Fear Waddell, PC
7650 North Palm Avenue, Suite 101
Fresno, CA 93711
Telephone: (559) 436-6575
Facsimile: (559) 436-6580
About Fred Rau Dairy Inc.
Fred Rau Dairy, Inc. operates a large-scale dairy farm in Fresno,
California. The family-owned business utilizes advanced robotic
milking systems and automated feeding technologies. It has been
part of the regional agricultural sector since 1976.
Fred Rau Dairy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-11791) on May 29,
2025. In its petition, the Debtor reported between $10 million and
$50 million in both assets and liabilities.
Judge Jennifer E. Niemann handles the case.
The Debtor is represented by Peter Fear, Esq., at Fear Waddell, PC.
FRONTIER COMMUNICATIONS: Fitch Keeps 'B+' LongTerm IDR on Watch Positive
------------------------------------------------------------------------
Fitch Ratings has maintained Frontier Communications Parent, Inc.'s
(Frontier) and its rated subsidiaries' Long-Term Issuer Default
Ratings (IDRs) at 'B+'. The ratings remain on Ratings Watch
Positive (RWP) following Verizon Communications, Inc.'s (A-/Stable)
pending acquisition of the company, which is expected to close by
1Q26.
Fitch expects Verizon to refinance all of Frontier's outstanding
debt. Fitch expects to resolve the Rating Watch at closing or if
the transaction does not go through as expected. The ratings impact
approximately $11.7 billion of outstanding debt at March 2025.
All issue-level ratings have also been maintained, except senior
unsecured issuances at Frontier Florida LLC that Fitch upgraded to
'BB+' with a Recovery Rating of 'RR1' from 'B+'/'RR4', as the
agency expects the debt could be repaid or defeased upon the
company drawing on its new $1.5 billion delayed draw term loan in a
default scenario. A full list of ratings follows at the end of this
release.
Key Rating Drivers
Verizon Acquisition Credit Positive: The pending acquisition by
'A-' rated Verizon has positive credit implications for Frontier
and would reduce its liquidity and leverage risk. Verizon has a
strong balance sheet and generates significant pre-dividend FCF
that Fitch projects could range from $18 billion to $19 billion
annually in the next few years. This provides Frontier with
significantly more capital access as it scales its fiber network to
its 10 million passings target and beyond. Verizon also has a much
stronger national brand that could benefit the operator and has
indicated it would refinance all of Frontier's outstanding debt
upon deal closing.
Elevated Leverage: On a standalone basis before considering the
Verizon acquisition, EBITDA leverage is near 5.4x as of March 2025.
It could increase to the high-5.0x range through Fitch's forecast
period. EBITDA net leverage is modestly lower near 5.1x, but the
company is aggressively spending on its fiber expansion and so its
cash does not provide meaningful protection to repay existing
debt.
Frontier's leverage increased materially since 2021 due to heavy
capital spending to fund its fiber deployment. Verizon's
acquisition will enable the company to continue pace with its fiber
expansion strategy and shift away from copper network and legacy
services offerings. However, it is unclear what the future
financing path would look like if the Verizon deal is not
completed.
Fiber-Focused Capital Allocation: Frontier's capital allocation
policy following its April 2021 bankruptcy emergence largely
centers on accelerated investment in fiber to the home (FTTH) and
targeting fiber deployment to small and medium businesses,
enterprises and the wholesale market. Management targets net
leverage in the mid-3x range, but it is already well above this
range (reported 4.9x at March 2025). Frontier's aggressive
investment plan will expand the deployment of fiber to more than 10
million locations, or two-thirds of its current footprint, versus
8.1 million as of March 2025.
Fiber Opportunity Mitigates Risks: Fiber expansion comes with
execution risks, mitigated by secular growth, and opportunity
demonstrated through fiber customer growth and several years of
consecutive net adds with lower churn rates. Since 2022, broadband
fiber churn for consumer/business customers has been in the
1.2%-1.5% range versus 1.7%-2.5% for copper customers. Potential to
capture additional broadband share is underscored by its footprint,
with limited competition in roughly 85% of its markets.
Fiber-served locations offer significant upside, as fiber
penetration rates are near 31% versus 47% for its base markets
(markets in which it has had fiber longer).
Negative Cash Flows: Heavy capital intensity and cash burn related
to its fiber build-out are negative for the credit profile,
although the Verizon acquisition solves for FCF issues. FCF
deficits accelerated meaningfully in recent years and Fitch
calculates was nearly $4.5 billion cumulatively in 2022-2024.
Nearly all cash flow deterioration is from significantly increased
capex spend of $2.7 to $3.0 billion annually from 2022-2024 versus
low-$1.0 billion in 2019-2020. FCF deficits will continue in the
next few years and Frontier is reliant on the capital markets to
fund its expansion strategy, if the acquisition were terminated.
Margins Improving: Accelerated fiber deployments are improving
profitability, and the ongoing fiber mix shift could help drive
future margin expansion. Reported EBITDA margins increased 90 basis
points in 2024. Management has indicated EBITDA margins could
expand to the mid- to high-40% range over time, although Fitch
estimates margins expanding only to low-40% by 2027-2028. Fiber
comprised 70% of 2024 EBITDA and the ongoing mix shift to fiber
should help profitability, as fiber requires fewer on-site service
calls versus copper and lower call volumes generally. Frontier has
also been aggressively cutting costs since mid-2021.
Competition Intense: Competition in telecom is intense and
increasingly diverse as more providers and technology solutions
have entered Frontier's end markets. This is further evidenced by
Verizon's move to bulk up in wireline offerings via its acquisition
of Frontier. Frontier has a strong presence within its footprint,
but other providers have also been scaling out their own networks
and broadband service offerings. Additionally, U.S. wireless
companies have now become a viable alternative internet solution
with fixed wireless access offerings.
Parent-Subsidiary Relationship: Fitch links the IDRs of Frontier
and its subsidiaries based on a strong parent/weak subsidiary
approach. The IDRs are equalized under Fitch's criteria based on an
analysis incorporating high strategic and operational incentives
and low legal incentives.
Peer Analysis
Frontier has higher exposure to the consumer market compared with
wireline peer Lumen Technologies, Inc. (CCC+), and Windstream
Services, LLC (B/Ratings Watch Evolving). The consumer market faces
secular challenges (particularly in voice/video), with legacy
revenue declines in older copper-based communication technologies
being only somewhat offset by growth in faster, fiber-based
technology. Incumbent wireline operators face competition for
broadband customers from cable operators, including Comcast Corp.
(A-/Stable) and Charter Communications Inc. (BB+/RWP).
Frontier also faces emerging broadband competition from 5G wireless
operators offering fixed wireless access, including T-Mobile U.S.
Inc. (BBB+/Stable) and Verizon Communications Inc.. Fitch expects
Frontier's aggressive fiber investments to have long-term benefits,
but it will require significant near-term costs that will weigh on
cash flow generation.
Frontier is less competitive in the enterprise market, although its
enterprise business is less exposed to large enterprise accounts
than its larger peers. In enterprise, Frontier is smaller than AT&T
Inc. (BBB+/Stable), Verizon and Lumen. All three companies have an
advantage as national or multinational companies due to their
extensive footprints in the U.S. and abroad. Windstream Services,
LLC is somewhat smaller than Frontier and is a hybrid that operates
as an incumbent in rural markets and as a business services
provider with its enterprise and wholesale units, which compete
nationally. Compared with Frontier, AT&T and Verizon have
significantly larger scale, greater business diversification and
meaningfully lower financial leverage as investment grade
operators.
Key Assumptions
- Revenues grow modestly in the next few years, with fiber growth
offset by copper revenue declines. Assumes high single-digit growth
in data/internet services, offset by double-digit declines in
voice/video;
- EBITDA margins expand to low-40% over ratings horizon, benefiting
from a mix shift to fiber (higher margin);
- Cash taxes and restructuring costs comprise a modest use of cash
flow in the next few years, with taxes kept low due to operating
losses and tax loss carryforwards;
- Verizon acquisition is not modeled into Fitch's base case
forecast, but the company projects the deal to be completed in
early 2026.
Recovery Analysis
For entities rated 'B+' and below (where default is closer and
recovery prospects are more meaningful to investors) Fitch
undertakes a tailored, or bespoke, analysis of recovery upon
default for each issuance. The resulting debt instrument rating
includes a Recovery Rating (from RR1 to RR6) and is notched from
the IDR accordingly. In this analysis, there are three steps: (i)
estimating the distressed enterprise value (EV); (ii) estimating
creditor claims; and (iii) distribution of value.
Fitch assumed Frontier would emerge from a default scenario under
the going concern approach versus liquidation. Key assumptions used
in the recovery analysis are as follows:
- Fitch assumes a going-concern EBITDA of approximately $1.7
billion, which is roughly 20% below the company's current run-rate
EBITDA (less certain EBITDA from Texas and Florida that have been
securitized). Reduced EBITDA of this magnitude in a bankruptcy
scenario could imply increased competition has pressured revenue or
profitability.
- Fitch excludes from its recovery waterfall debt amounts
outstanding at Frontier's issuer subsidiary for its Texas
securitization, Frontier Issuer LLC, and the $1.5 billion DDTL
outstanding at Frontier Tampa Bay FL Fiber 1 LLC. The Texas ABS
debt and the Florida DDTL were issued out of bankruptcy remote
subsidiaries, which Fitch assumes would not be part of a
corporate-level bankruptcy. Fitch has, however, included residual
cash flows (discounted for a stressed scenario) from the Texas
portfolio as part of Fitch's recovery EBITDA assumptions as well as
a portion of the EBITDA from the Florida portfolio.
- Fitch assumes a 6.0x multiple, using a blended approach of part
of the business being copper-based (legacy) at 4.0x and the larger
part of EBITDA now being fiber (growth) at 7.0x. This multiple is
validated based upon historic industry trading multiples, M&A
transactions in the industry, and Fitch bankruptcy case studies.
- Fitch assumes a fully drawn $925 million revolver and $1.5
billion Frontier Tampa Bay DDTL.
- For instruments issued by Frontier Florida LLC, Fitch's
Corporates Recovery Ratings and Instrument Ratings Criteria
indicates unsecured instruments for 'B+' IDR issuers are capped at
'RR3' but this cap may be exceeded in instances when the issuer is
a structurally senior subsidiary issuer in a multi-level corporate
group structure, which Fitch believes applies in this scenario.
RATING SENSITIVITIES
Factors That Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Verizon acquisition is terminated;
- EBITDA leverage sustained above 5.5x;
- A weakening of operating results, including deteriorating margins
and an inability to stabilize revenue erosion in key product areas
or offset EBITDA pressure through cost reductions;
- More aggressive capital or financial policies that Fitch views as
negative for the credit profile
Factors That Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Verizon completes the acquisition as planned.
If the Verizon acquisition is terminated, the following are factors
that could lead to positive rating action/upgrade:
- EBITDA leverage, defined as debt/EBITDA, sustained below 4.5x;
- Revenue and/or EBITDA growth expected to be sustained at
mid-single digit percentage or higher;
- Sustained positive FCF generation could also lead Fitch to
reassess the rating.
Liquidity and Debt Structure
Frontier had $506 million of unrestricted cash at March 2025,
undrawn capacity on its $925 million revolving credit facility and
warehouse facilities that include a $1.5 billion delayed draw term
loan (DDTL) facility (with the ability to increase up to $750
million). Fitch expects Frontier to have material FCF deficits of
nearly $4 billion cumulatively in 2025-2027, but the Verizon
acquisition will notably improve its access to liquidity and
capital. Fitch expects Frontier would remain heavily reliant on the
capital markets in the future if the Verizon acquisition were not
completed.
Frontier has roughly $11.7 billion of debt outstanding as of March
2025, including: $2.4 billion of securitization debt (asset-backed
debt collateralized by the company's Texas and Florida fiber
footprints), roughly $5.7 billion of senior secured debt, $2.8
billion of second-lien debt and $750 million of unsecured
subsidiary debt. There is also a small portion of other debt. It
has a $925 million senior secured revolving credit facility and
warehouse facilities including: a $1.5 billion DDTL and an
incremental TL facility that allows for an increase of up to $750
million.
Nearly all debt matures between 2027-2031 and, thus, there is some
maturity risk although Verizon expects to refinance all existing
debt upon acquisition closing.
Issuer Profile
Frontier was founded in the 1930s and is the fourth largest U.S.
incumbent local exchange carrier providing data and Internet
services (67% of 2024 revenue), wireline voice (21%), and wireline
video service (6%) to residential and business customers.
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
----------- ------ -------- -----
Frontier
North Inc. LT IDR B+ Rating Watch Maintained B+
senior
unsecured LT BB+ Rating Watch Maintained RR1 BB+
Frontier
Florida LLC LT IDR B+ Rating Watch Maintained B+
senior
unsecured LT BB+ Upgrade RR1 B+
Frontier
California,
Inc. LT IDR B+ Rating Watch Maintained B+
senior
unsecured LT BB+ Rating Watch Maintained RR1 BB+
Frontier
Communications
Holdings, LLC LT IDR B+ Rating Watch Maintained B+
senior
secured LT BB+ Rating Watch Maintained RR1 BB+
Senior
Secured
2nd Lien LT BB- Rating Watch Maintained RR3 BB-
Frontier
Communications
Parent, Inc. LT IDR B+ Rating Watch Maintained B+
Frontier West
Virginia Inc. LT IDR B+ Rating Watch Maintained B+
senior
unsecured LT BB+ Rating Watch Maintained RR1 BB+
FUNDIMENSION LLC: Unsecureds to Get 7.63% of Claims over 36 Months
------------------------------------------------------------------
Fundimension LLC filed with the U.S. Bankruptcy Court for the
Southern District of Florida a Disclosure Statement for Small
Business describing Chapter 11 Plan dated June 11, 2025.
The Debtor, a Florida corporation, was founded in July 2016 and
owns and operates an arcade and entertainment center located at
2129 NW 1st Court, Miami, Florida 33127.
The Debtor is owned by eight individuals and/or entities, who
jointly own 42.14% and by NBF Corp., a Florida corporation, which
owns 57.86%. Joyce Alarcon-Frohman is the president of NBF Corp,
and with her husband, Gary J. Frohman, the vice president of NBF,
own 100% of NBF Corp.
Class 5 consists of Seven General Unsecured Creditors in the amount
of $1,194,106.84. Two creditors hold two claims that total
$1,139,583.00 or 94% of the class dollar amount. West Town (now
Capital) holds a claim in the agreed amount of $650,497.68. This
number resulted from the bifurcation of a loan, with a balance of
$954,417.38 (POC-9) into a secured portion, treated in Class 1 of
the Plan in the amount of $303, 919.70 and an unsecured portion in
the amount of $650,497.68. The other large unsecured claim is held
by the SBA in the amount of $489,086.56 (POC-3).
The SBA loan was entered into in May 2020 (and then modified in
August 2020, to increase the loan amount from $150,000.00 to
$500,00.00), with the customary Note and Modified Note, Security
Agreement and Modified Security Agreement and UCC-1 filing. The
intent was to secure the SBA loan with all of Debtor's unencumbered
assets, but there were none. West Town Bank's (now Capital) UCC
lien dates from 2017 and has priority over the SBA 2020 loan and
its UCC-1.
This class will receive a total distribution of $92,040.16 or
7.63%, which is more than they would receive in a chapter 7
liquidation. Distribution will be made in 12 quarterly payments
over 36 months commencing in month 25 of the Plan. Payments for the
first 12 months of payment will be in the amount of $5,000.00 per
quarter, with 8 quarterly payments of $9,005.02 each for the last
24 months.
Payments and distributions under the Plan will be funded by income
generated from the revenues received from the Debtor's operation of
its arcade and entertainment center as shown in the attached
Projections. Accordingly, the Debtor is able to perform all of its
obligations under the Plan and the Plan satisfies the requirements
or conditions set forth in Section 1129(a)(11) of the Code.
The post-confirmation management of the Debtor will remain Joyce
Alarcon-Frohman as Managing Partner.
A full-text copy of the Disclosure Statement dated June 11, 2025 is
available at https://urlcurt.com/u?l=AVNVUC from PacerMonitor.com
at no charge.
About FunDimension LLC
FunDimension LLC offers a wide range of attractions including
arcade games, laser tag, bumper cars, duckpin bowling, rock
climbing, virtual reality, and an e-gaming.
FunDimension LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-20351) on Oct. 4,
2024. In the petition filed by Joyce Alarcon-Frohman, as managing
partner, the Debtor reported total assets of $514,619 and total
liabilities of $1,773,782.
Bankruptcy Judge Corali Lopez-Castro oversees the case.
The Debtor is represented by:
Chad Van Horn, Esq.
VAN HORN LAW GROUP, P.A.
500 NE 4th Street, Suite 200
Fort Lauderdale, FL 33301
Tel: (954) 765-3166
Email: chad@cvhlawgroup.com
GILDED GATHERINGS: Michael Carmel Named Subchapter V Trustee
------------------------------------------------------------
The U.S. Trustee for Region 14 appointed Michael Carmel of Michael
W. Carmel, Ltd. as Subchapter V trustee for Gilded Gatherings, LLC.
Mr. Carmel will be paid an hourly fee of $550 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Carmel declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Michael W. Carmel
Michael W. Carmel, Ltd.
80 E. Columbus Ave
Phoenix, AZ 85012-4965
Phone: 602-264-4965
Fax: 602-277-0144
Email: michael@mcarmellaw.com
About Gilded Gatherings
Gilded Gatherings, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Ariz. Case No. 25-05257) on June
10, 2025, listing up to $50,000 in assets and between $100,001 and
$500,000 in liabilities.
James F. Kahn, Esq., at Kahn & Ahart, PLLC represents the Debtor as
legal counsel.
GLOBAL ALARM: Seeks Approval to Hire Han Fife & Co as Tax Expert
----------------------------------------------------------------
Global Alarm Protection seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Han Fife &
Co, LLP as tax expert.
The firm will render these services:
(a) analyze the Debtor's cash flow projections for plan of
reorganization purposes;
(b) calculate net taxable income for each year of the
projected income/expenses; and
(c) prepare supporting declaration, and related work.
The firm will be paid at a flat fee of $2,500.
Donald Fife, a certified public accountant at han Fife & Co,
disclosed in a court filing that the firm is a "disinterested
persons" as the term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Donald T. Fife, CPA
Han Fife & Co, LLP
1055 E. Colorado Blvd. 5th Floor
Pasadena, CA 91106
Telephone: (949) 888-1010
Facsimile: (949) 766-9896
Email: dhahn@hahnfife.com
About Global Alarm Protection
Global Alarm Protection filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. C.D. Cal. Case No.
23-18117) on Dec. 7, 2023, with $1 million to $10 million in both
assets and liabilities. Louis Fizli, chief operating officer,
signed the petition.
Judge Sandra R. Klein oversees the case.
The Debtor tapped RHM Law, LLP as bankruptcy counsel and Donald T.
Fife, CPA, at Han Fife & Co, LLP as tax expert.
GLOBAL CONCESSIONS: Gets Extension to Access Cash Collateral
------------------------------------------------------------
Global Concessions, Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Georgia, Atlanta
Division, to use cash collateral.
The court's fourth interim order authorized the Debtor to utilize
cash collateral from June 18 through and including three business
days after the final hearing on July 23.
The Debtor intends to use funds generated from its operations to
cover ongoing operational expenses in accordance with its budget.
In addition to the amounts set forth in the budget, the Debtor was
authorized to make additional post-petition rent payments to its
landlords not to exceed $50,000 per month; and make payments not to
exceed a total of $13,412.38 per week to holders of certain claims
under the Perishable Agricultural Commodities Act of 1930.
As protection for the Debtor's use of their cash collateral,
lenders will be granted valid and properly perfected liens on all
property acquired by the Debtor after the petition date, with the
same priority and validity as their pre-bankruptcy liens.
The final hearing is set for July 23.
The Debtor owes significant sums to lenders, including First
Horizon Bank, the U.S. Small Business Administration, Performance
Food Group, and Hanover Insurance Group.
The Debtor has outstanding loans with First Horizon Bank totaling
approximately $8.6 million, along with other financing arrangements
with the SBA, Performance Food Group, and Hanover Insurance Group,
all of which may claim a security interest in the cash collateral.
About Global Concessions Inc.
Global Concessions Inc. established in 1990 and headquartered in
Atlanta, Georgia, specializes in operating food and beverage
concessions, primarily within major transportation hubs across the
United States. The Company has expanded its portfolio to include a
diverse range of dining experiences, from quick-service
partnerships with renowned brands like IHOP Express, Ben & Jerry's,
and Nathan's Famous, to unique, stand-alone restaurants such as
Sweet Georgia's Juke Joint and One Flew South.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-53640) on April 2,
2025. In the petition signed by Terrance D. Harps, president and
chairman, the Debtor disclosed up to $50 million in both assets and
liabilities.
Benjamin Keck, Esq., at Keck Legal, LLC, represents the Debtor as
legal counsel.
First Horizon Bank, as lender, is represented by:
Kevin A. Stine, Esq.
Baker Donelson
1500 Monarch Plaza
3414 Peachtree Road, N.E.
Atlanta, GA 30326
Tel: (404) 577-6000
kstine@bakerdonelson.com
Hanover Insurance Group, as lender, is represented by:
M. Steele Cantey, Esq.
Melissa J. Lee, Esq.
Christina Gabriella Buru, Esq.
Manier & Herod, P.C.
1201 Demonbreun St., Ste. 900
Nashville, TN 37203
Tel: (615) 244-0030
Fax: (629) 500-1137
scantey@manierherod.com
mlee@manierherod.com
cburu@manierherod.com
HAPPY HOME: Seeks to Hire Hacker Law Firm as Bankruptcy Counsel
---------------------------------------------------------------
Happy Home Builder LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ Hacker Law Firm
as its legal counsel.
The firm will render these services:
(a) advise and consult with Debtor as to its powers and duties
in the continued operation of its business and management of its
properties during bankruptcy;
(b) take actions as may be necessary to preserve and protect
the Debtor's assets;
(c) prepare, on behalf of the Debtor, necessary legal papers
in connection with matters affecting it and its estate; and
(d) assist the Debtor in the development, negotiation and
confirmation of a plan of reorganization and the preparation of a
disclosure statement or statements in respect thereof.
The hourly rates of the firm's counsel and staff are as follows:
Heide McLeod, Of Counsel $450
Paul S. Hacker, Lead Counsel $425
Tammy Haugabrook, Legal Assistant $125
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Hacker 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:
Paul S. Hacker, Esq.
Hacker Law Firm
3355 Cherry Ridge, Ste. 214
San Antonio, TX 78230
Telephone: (210) 595-2045
Facsimile: (210) 595-2037
Email: steve@hackerlawfirm.com
About Happy Home Builder LLC
Happy Home Builder LLC operates as Stay at Canyon Lake, offering
event hosting services for graduations, special occasions,
corporate retreats, conferences, workshops, reunions, weddings,
retirements, family gatherings, and team-building events. The venue
is pet-friendly and accommodates up to 100 guests. Located in the
Texas Hill Country, Canyon Lake provides a scenic setting for
outdoor activities and a diverse dining scene featuring Italian and
American cuisine. The area also hosts a variety of community
events, making it a popular destination for both recreation and
celebrations.
Happy Home Builder LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51268)
on June 2, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtors are represented by Paul Steven Hacker, Esq. at HACKER
LAW FIRM, PLLC.
HARVEST SHERWOOD: Court Gives $104MM Final DIP Approval
-------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that a Texas
bankruptcy judge said Thursday, June 26, 2025, that she intends to
give final approval for Harvest Sherwood Food Distributors Inc. to
tap into a $104 million debtor-in-possession financing facility,
which includes $25 million in fresh capital.
About Harvest Sherwood Food Distributors
Harvest Sherwood Food Distributors, Inc. and its affiliates sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Tex. Case No. 25-80109) on May 5, 2025, listing up to $10 billion
in assets and up to $1 billion in liabilities.
The Debtors tapped Sidley Austin LLP as counsel and Epiq Corporate
Restructuring, LLC as claims, noticing, and solicitation agent.
HARVEY CEMENT: Gets Extension to Use Cash Collateral
----------------------------------------------------
Harvey Cement Products Incorporated received interim approval from
the U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, to use cash collateral until August 31, marking
the fourth extension since its Chapter 11 filing.
The fourth interim order authorized the Debtor to use the cash
collateral of its secured creditors, Old National Bank and the U.S.
Small Business Administration, to pay the expenses set forth in its
budget, plus a 10% variance.
As protection, SBA and Old National Bank were granted replacement
liens on all of the Debtor's property whether acquired before or
after the bankruptcy filing.
In addition, Harvey was ordered to keep the secured creditors'
collateral insured.
The next hearing is scheduled for August 26. Objections are due by
August 19.
As of the petition date, the Debtor had $20,000 in cash, $159,000
in accounts receivable, and $63,500 in inventory. These assets
constitute the secured creditors' cash collateral.
Old National Bank is represented by:
Kristopher A. Capadona, Esq.
Grogan Hesse & Uditsky, P.C.
2 Mid America Plaza, Suite 100
Oakbrook Terrace, IL 60181
Telephone: (630) 359-8197
kcapadona@ghulaw.com
About Harvey Cement Products Incorporated
Founded in 1947, Harvey Cement Products Incorporated has grown over
the years to be one of the leading manufacturers of over 200
varieties and sizes of masonry products and is able to deliver
customer orders to virtually any job site in the contiguous United
States.
Harvey filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-18335) on December 5,
2024, listing between $1 million and $10 million in both assets and
liabilities. Gordon Steck, vice president of Harvey, signed the
petition.
Judge Jacqueline P. Cox handles the case.
The Debtor is represented by Scott R. Clar, Esq., at Crane, Simon,
Clar & Goodman.
HENDERSON RECOVERY: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Henderson Recovery Inc. got the green light from the U.S.
Bankruptcy Court for the Western District of Tennessee to use cash
collateral.
The court's order authorized the Debtor's interim use of cash
collateral until August 8 to pay operating expenses in accordance
with its 60-day budget.
A further hearing is scheduled for August 8.
The Debtor identifies accounts receivable as the primary form of
cash collateral, which may be subject to liens by secured creditors
including Samson Funding, Lenducity, and GEM Funding, all of whom
have filed UCC-1 financing statements.
Several account debtors are currently withholding payments due to
lien notices, including Credit Acceptance Corporation, Resolvion,
PKWillis, PAR North America, MVConnect, Inc., and Secure Collateral
Management.
These withheld receivables represent a significant portion of the
Debtor's operational cash flow. The Debtor believes Samson Funding
holds the first-priority lien on these accounts.
As adequate protection to secured creditors, the Debtor offers
monthly payments of $6,000 to Samson, replacement liens on
post-petition accounts receivable, ongoing insurance coverage, and
regular financial reporting to secured creditors and the U.S.
Trustee.
About Henderson Recovery Inc.
Henderson Recovery Inc. provides motor vehicle transportation and
towing services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-22820) on June 9,
2025. In the petition signed by Julie Henderson, president, the
Debtor disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Judge Denise E. Barnett oversees the case.
Toni Campbell Parker, Esq., at the Law Firm of Toni Campbell
Parker, represents the Debtor as bankruptcy counsel.
HERITAGE PORTRAITS: Hires Russo White & Keller PC as Counsel
------------------------------------------------------------
Heritage Portraits and Albums, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Alabama to hire Russo
White & Keller, P.C. as counsel.
The firm will provide these services:
a. provide the Debtor legal advice with respect to its powers
and duties as Debtor-in-Possession in the continued management of
its financial affairs and property;
b. prepare on behalf of the Debtor necessary schedules, lists,
applications, motions, answers, orders, and reorganization
paperwork as is or may become necessary;
c. review all leases and other corporate papers and other
documents and prepare any necessary motions to assume unexpired
leases or executor contracts and assist in preparation of corporate
authorizations and resolutions regarding the Chapter 11 cases; and
d. perform any and all other legal services for the Debtor as
Debtor-in-Possession as may be necessary to achieve confirmation of
a Chapter 11 plan.
The firm will be paid at the rate of $350 per hour.
The firm received a retainer in the amount of $5,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert C. Keller, Esq., a partner at Russo White & Keller, 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:
Robert C. Keller, Esq.
Russo White & Keller, P.C.
315 Gadsden Highway, Suite D
Birmingham, AL 35235
Tel: (205) 833-2589
Email: rjlawoff@bellsouth.net
About Heritage Portraits and Albums, Inc.
Heritage Portraits and Albums, Inc. sought protection for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ala. Case No.
25-40780) on June 13, 2025, listing $100,001 to $500,000 in both
assets and liabilities.
Judge James J Robinson presides over the case.
Robert C Keller, Esq. at Russo, White & Keller represents the
Debtor as counsel.
HOLDEN I LLC: Seeks Court Approval to Hire CRE-Mobile as Realtor
----------------------------------------------------------------
Holden I LLC seeks approval from the U.S. Bankruptcy Court for the
Eastern District of Louisiana to employ CRE-Mobile, LLC as
realtor.
The Debtor needs a realtor to sell its immovable property located
at 67 St. Michael Street, Mobile, Alabama.
The realtor will receive a commission of 5 percent of the
property's sale price.
The firm represents no interest adverse to the Debtor or to the
estate on the matters upon which it is to be engaged.
The firm can be reached at:
CRE-Mobile, LLC
164 St. Francis St., Ste. 200
Mobile, AL 36602
Telephone: (251) 438-4312
Facsimile: (251) 438-4318
About Holden I LLC
Holden I LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. La. Case No. 25-11125) on June 2,
2025, listing between $1 million and $10 million in assets and
liabilities.
Judge Meredith S. Grabill presides over the case.
Robin R. DeLeo, Esq., represents the Debtor as legal counsel.
HONEY DO FRANCHISING: Taps Muhammed Zubairy as Accountant
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Honey Do Franchising Group, Inc. seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Tennessee to hire
Muhammed Zubairy, CPA PC to provide accounting services.
The firm will provide accounting services to this bankruptcy
estate, specifically, the preparation of the audited financial
statements and reports contained in the Debtor's 2025 Franchise
Disclosure Document.
The firm will charge the Debtor a total fee of $5,250 for
preparation of 2024 audited financial statements contained in the
Franchise Disclosure Documents and $150 per hour for consulting on
financial and tax matters.
The firm holds a retainer fee of $2,801.
Muhammed Zubairy, CPA
Muhammed Zubairy, CPA PC
Westbury, NY
Phone: (646) 327-7013
About Honey Do Franchising Group
Honey Do Franchising Group, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D. Tenn. Case No.
24-50596) on June 14, 2024, with up to $50,000 in assets and up to
$10 million in liabilities. Thomas Brad Fluke, chief executive
officer, signed the petition.
Judge Rachel Ralston Mancl presides over the case.
Brenda G. Brooks, Esq., at Moore & Brooks represents the Debtor as
legal counsel.
HOOTERS OF AMERICA: Creditors Object to $6MM Breakup Fee
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Alex Wolf of Bloomberg Law reports that the creditors of Hooters of
America LLC are challenging a proposed $6 million breakup fee for
franchisees planning to acquire the bankrupt chain, arguing it's
unwarranted if their cashless bid falls through.
In a Tuesday, June 24, 2025, filing with the U.S. Bankruptcy Court
for the Northern District of Texas, a committee of unsecured
creditors said the fee doesn't meet standard criteria, which
typically require the bidder to establish a competitive floor price
-- something not present in the proposed sale of 103 company-owned
locations to two existing franchise operators.
About Hooters of America
Hooters of America, LLC, owner and operator of a restaurant chain
with hundreds of locations in the United States, and its affiliates
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80078) on March
31, 2025.
Founded in 1983, the Debtors own and operate Hooters, a renowned
brand in the casual dining and sports entertainment industries.
Their global portfolio includes 151 company-owned and operated
locations and 154 franchised locations across 17 countries. Known
for their world-famous chicken wings, beverages, live sports, and
legendary hospitality, the Debtors also partner with a major food
products licensor to offer Hooters-branded frozen meals at 1,250
grocery store locations.
The case is before the Hon. Scott W Everett.
The Debtors Co-Bankruptcy Counsel are Holland N. O'Neil, Esq.,
Stephen A. Jones, Esq., and Zachary C. Zahn, Esq., at FOLEY &
LARDNER LLP, in Dallas, Texas.
The Debtors' General Bankruptcy Counsel are Ryan Preston Dahl,
Esq., at ROPES & GRAY LLP, in New York, and Chris L. Dickerson,
Esq., Rahmon J. Brown, Esq., and Michael K. Wheat, Esq., at ROPES &
GRAY LLP, in Chicago, Illinois. The Debtors' Investment Banker is
SOLIC CAPITAL, LLC. The Debtors' Financial Advisor is ACCORDION
PARTNERS, LLC.
The Debtors' Notice, Claims, Solicitation & Balloting Agent is
KROLL RESTRUCTURING ADMINISTRATION LLC.
HOP-HEDZ INC: Hires Renaissance Consulting as Financial Advisor
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Hop-Hedz, Inc. seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida to hire Renaissance Consulting and
Development, LLC as a financial advisor.
The firm will assist the Debtor by providing financial data,
models, and interpretations essential to formulating and presenting
the Debtor’s objection effectively.
The firm's current hourly rates are $115/hr for bookkeeping,
$245/hr for general consulting, and $295/hr for court appearances
or testimony and associated preparation.
The firm is requesting to be paid a $2,500 advance fee
deposit/retainer.
As disclosed in the court filings, Renaissance Consulting and
Development, LLC does not hold or represent any interest adverse to
the Debtor or its estate.
The firm can be reached through:
Kevin E. Riggs, MBA, CPA, EA
Renaissance Consulting and Development, LLC
17411 Bridge Hill Court
Tampa, FL 33647
Phone: (813) 435-5585
About Hop-Hedz
Tampa, Fla.-based Hop-Hedz, Inc. filed a petition for Chapter 11
protection (Bankr. M.D. Florida Case No. 20-09249) on Dec. 20,
2020, listing up to $10 million in assets and up to $1 million in
liabilities. Judge Caryl E. Delano oversees the case. W. Bart
Meacham, Esq., is the Debtor's legal counsel.
HOP-HEDZ INC: Seeks to Hire Erik Johanson PLLC as Special Counsel
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Hop-Hedz, Inc. seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida to hire Erik Johanson PLLC to handle
this Chapter 11 case.
The firm will be paid at these hourly rates:
Attorneys $275 to $395
Paraprofessional Staff $125 to $175
Erik Johanson, Esq. disclosed in a court filing that the firm is a
"disinterested person" as that term is defined in Section 101(14)
of the Bankruptcy Code.
The firm can be reached through:
Erik Johanson, Esq.
Joseph R. Boyd, Esq.
Erik Johanson PLLC
4532 West Beachway Drive
Tampa, FL 33609
Telephone: (813) 210-9442
Email: erik@johanson.law
jr@johanson.law2148
About Hop-Hedz
Tampa, Fla.-based Hop-Hedz, Inc. filed a petition for Chapter 11
protection (Bankr. M.D. Florida Case No. 20-09249) on Dec. 20,
2020, listing up to $10 million in assets and up to $1 million in
liabilities. Judge Caryl E. Delano oversees the case. W. Bart
Meacham, Esq., is the Debtor's legal counsel.
HOUSE OF PRAYER: Seeks to Hire Sagre Law Firm P.A. as Counsel
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House of Prayer Church of South Florida Inc. seeks approval from
the U.S. Bankruptcy Court for the Southern District of Florida to
hire Sagre Law Firm, P.A. as counsel.
The firm will provide 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 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 received a retainer of $30,000, plus $1,738 filling fee.
Ariel Sagre, Esq., president and owner of Sagre Law Firm, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Ariel Sagre, Esq.
Sagre Law Firm PA
5201 Blue Lagoon Drive, Suite 892
Miami, FL 33126
Telephone: (305) 266-5999
Facsimile: (305) 265-6223
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.
HUDSON RIVER: $250MM Term Loan Upsize No Impact Moody's 'Ba2' CFR
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Moody's Ratings said that the Ba3 rating assigned to Hudson River
Trading LLC's (HRT) senior secured first lien term loan B is
unchanged following HRT's proposed loan upsize of around $250
million. The upsize also does not affect HRT's Ba3 issuer rating,
Ba2 corporate family rating and positive outlook.
HRT's Ba2 CFR and positive outlook reflect its strong performance
since 2022, characterized by consistent trading profits across a
diverse range of products and strategies. This strong performance
has occurred across different periods of varying market volatility
and volumes, a testament to HRT's broad and diverse range of
trading strategies that profit in a variety of market environments.
Sturdy and consistent trading profits have also led to improvements
in HRT's funding and liquidity, evidenced by consistent growth in
trading capital, equity capital, and related improvements in its
trading capital/debt and the relative mix of equity and debt in its
capital structure. HRT has also maintained a highly liquid balance
sheet.
HRT's strong partnership culture and sustained oversight of a
highly-engaged leadership team help mitigate its inherently high
level of operational and market risk in its activities and from its
rapid global expansion, especially into regions with weaker capital
market conditions than the firm's core US operations.
The proposed $250 million upsize brings the balance of HRT's senior
secured term loan due March 2030 to around $2.3 billion. HRT plans
to use the incremental proceeds to increase its trading capital and
for general corporate purposes.
HRT's ratings could be upgraded if it: (1) continued to report
strong financial performance across a range of market conditions
while maintaining its risk appetite, risk awareness and risk
management capabilities; and (2) continues to increase its retained
capital relative to its long-term debt and strengthen liquidity
while reducing reliance on key prime brokerage relationships
outside of US equities trading.
HRT's ratings could be downgraded should evidence emerge that HRT's
risk appetite is accelerating at a faster pace than its long-term
capital, liquidity and controls, particularly with respect to its
growth ambitions in regions and markets that have heightened
market, operational and liquidity risks. The ratings could also be
downgraded with evidence that HRT's risk awareness and risk
management capabilities are not operating at a level commensurate
with its evolving risk environment.
ILLUMINATE PROPERTIES: Seeks Chapter 11 Bankruptcy in California
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On June 23, 2025, Illuminate Properties & Investments Capital
Group filed Chapter 11 protection in the U.S. Bankruptcy Court for
the Northern District of California. According to court filing, the
Debtor reports between $500,000 and $1 million in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Illuminate Properties & Investments Capital
Group
Illuminate Properties & Investments Capital Group leases real
estate assets, including buildings, dwellings, and other types of
properties.
Illuminate Properties & Investments Capital Group sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Cal. Case
No. 25-41103) on June 23, 2025. In its petition, the Debtor
reports estimated assets between $1 million and $10 million and
estimated liabilities between $500,000 and $1 million.
The Debtor is represented by Lewis Phon, Esq. at LAW OFFICE OF
LEWIS PHON.
IMERYS TALC: Insurers Maintain Objections to Chapter 11 Plan
------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that the
insurers opposing Imerys Talc America's revised Chapter 11 plan
told a Delaware judge on Thursday, June 26, 2025, that rushing
toward confirmation could lead to the same outcome as a previous
attempt, which was halted just a week into proceedings at the
debtor's request.
About Imerys Talc America
Imerys Talc America, Inc. and its subsidiaries --
https://www.imerys-performance-additives.com/ -- are in the
business of mining, processing, selling and distributing talc. Its
talc operations include talc mines, plants and distribution
facilities located in Montana (Yellowstone, Sappington, and Three
Forks); Vermont (Argonaut and Ludlow); Texas (Houston); and
Ontario, Canada (Timmins, Penhorwood, and Foleyet). It also
utilizes offices located in San Jose, Calif., and Roswell, Ga.
Imerys Talc America and its subsidiaries, Imerys Talc Vermont,
Inc., and Imerys Talc Canada Inc., sought Chapter 11 protection
(Bankr. D. Del. Lead Case No. 19-10289) on Feb. 13, 2019.
TheDebtors were estimated to have $100 million to $500 million in
assets and $50 million to $100 million in liabilities as of the
bankruptcy filing.
Judge Laurie Selber Silverstein oversees the cases.
The Debtors tapped Richards, Layton & Finger, P.A., and Latham &
Watkins LLP as their legal counsel, Alvarez & Marsal North America,
LLC as financial advisor, and CohnReznick LLP as restructuring
advisor. Prime Clerk, LLC, is the claims agent.
The U.S. Trustee for Region 3 appointed an official committee of
tort claimants in the Debtors' Chapter 11 cases. The tort
claimants' committee is represented by Robinson & Cole, LLP.
INNOVATE CORP: Shareholders Approve All Proposals at Annual Meeting
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nnovate Corp. held its Annual Meeting of Stockholders. The final
voting results for each of the matters submitted to a vote of
stockholders at the Annual Meeting are as follows:
Proposal 1: Election of Directors
The stockholders voted to elect the following four nominees as
members of the Board of Directors of the Company, each to hold
office until the Company's 2026 Annual Meeting of Stockholders and
until his or her successor is duly elected and qualified. The
results of the vote were as follows:
1. Avram A. Glazer
* For: 8,857,180
* Against: 98,198
* Abstain: 6,567
* Broker Non-Votes: -
2. Warren H. Gfeller
* For: 8,803,101
* Against: 153,637
* Abstain: 5,207
* Broker Non-Votes: -
3. Brian S. Goldstein
* For: 8,876,050
* Against: 75,392
* Abstain: 10,503
* Broker Non-Votes: -
4. Amy M. Wilkinson
* For: 8,879,076
* Against: 72,096
* Abstain: 10,773
* Broker Non-Votes: -
Proposal 2: Approval, on a non-binding, advisory basis, of the
compensation of the Company's named executive officers ("Say on Pay
Vote")
The stockholders voted to approve the non-binding, advisory
proposal on the compensation of the Company's named executive
officers. The results of the vote were as follows:
* For: 8,651,492
* Against: 113,777
* Abstain: 196,676
* Broker Non-Votes: -
Proposal 3: Approval, on a non-binding, advisory basis,
whether the Say on Pay Vote should be held every one, two or three
years (the "Say on Frequency Vote")
The stockholders voted on a non-binding, advisory basis to have the
Company hold Say on Pay Votes every ONE YEAR. The results of the
vote were as follows:
* For: 8,784,603
* Against: 13,150
* Abstain: 153,787
* Broker Non-Votes: 10,405
Proposal 4: Ratification of the appointment of BDO USA, P.C.,
as the Company's independent registered public accounting firm for
the fiscal year ending December 31, 2025.
The stockholders voted to ratify the appointment of BDO USA, P.C.,
as the Company's independent registered public accounting firm for
the fiscal year ending December 31, 2025. The results of the vote
were as follows:
* For: 10,704,242
* Against: 56,756
* Abstain: 910
* Broker Non-Votes: 0
About Innovate
New York-based Innovate Corp. -- innovatecorp.com -- is a
diversified holding company that has a portfolio of subsidiaries in
a variety of operating segments. The Company seeks to grow these
businesses so that they can generate long-term sustainable free
cash flow and attractive returns in order to maximize value for all
stakeholders. As of Dec. 31, 2023, its three operating platforms or
reportable segments, based on management's organization of the
enterprise, are Infrastructure, Life Sciences, and Spectrum, plus
its other segment, which includes businesses that do not meet the
separately reportable segment thresholds.
New York, N.Y.-based BDO USA, P.C., the Company's auditor since
2011, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the fiscal year ended Dec. 31, 2024, citing the Company
has maturities of certain debt obligations that exceed its current
and forecasted cash balances within one year from the date of this
report. These conditions raise substantial doubt about its ability
to continue as a going concern.
* * *
In May 2025, S&P Global Ratings lowered its long-term issuer credit
rating on Innovate Corp. to 'CCC-' from 'CCC' and its issue rating
on the company's senior notes due 2026 to 'CCC' from 'CCC+'. The
recovery rating on the notes remains '2', indicating its
expectation for meaningful (75%) recovery in the event of a
default. The negative outlook reflects S&P Global's view that the
company's liquidity will be under stress in the next six months,
such that sources are unlikely to meet uses absent unforeseen
positive developments.
IWC OIL & REFINERY: Seeks Chapter 11 Bankruptcy in Texas
--------------------------------------------------------
On June 23, 2025, IWC Oil & Refinery LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District of
Texas. According to court filing, the Debtor reports between $10
million and$50 million in debt owed to 200 and 999 creditors. The
petition states funds will not be available to unsecured
creditors.
About IWC Oil & Refinery LLC
IWC Oil & Refinery LLC is an energy supplier that trades, markets,
and sells petroleum products. The Company operates a vertically
integrated network that includes shipping, storage infrastructure,
and transportation logistics such as marine, rail, and trucking
services. It also provides product sourcing, supply, and consulting
solutions.
IWC Oil & Refinery LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51378) on June 23,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtors are represented by Steven G. Cennamo, Esq. at LAW
OFFICE OF CENNAMO & WERNER
JAL OUTLET: Seeks Chapter 11 Bankruptcy in Puerto Rico
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On June 23, 2025, JAL Outlet Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the District of Puerto Rico.
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 JAL Outlet Inc.
JAL Outlet Inc. is a wholesale distributor of motor vehicles and
automotive parts operating out of Hormigueros, Puerto Rico. The
Company supplies products such as vehicle components, accessories,
and related equipment to retailers and service providers.
JAL Outlet Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.P.R. Case No. 25-02796) on June 23,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Maria De Los Angeles Gonzalez handles
the case.
The Debtors are represented byCharles A. Cuprill, Esq. at CHARLES
A. CUPRILL, PSC LAW OFFICES.
JOE'S PIZZA: Seeks Subchapter V Bankruptcy in California
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On June 23, 2025, Joe's Pizza Santa Monica Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Joe's Pizza Santa Monica Inc.
Joe's Pizza Santa Monica Inc. operates a pizza restaurant in Santa
Monica, California. The Company offers dine-in and takeaway
services and serves a variety of pizzas, salads, appetizers, and
beverages at its Broadway location.
Joe's Pizza Santa Monica Inc.sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No.
25-15242) on June 23, 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 Vincent P. Zurzolo handles the case.
The Debtors are represented by Bradley E. Brook, Esq. at LAW
OFFICES OF BRADLEY E. BROOK, APC.
JSP MANAGEMENT: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of JSP Management Company, LLC, according to court
dockets.
About JSP Management Company
JSP Management Company LLC owns property located at 1029 NE 104
Street in Miami Shores, Florida. The property's estimated value is
$2.28 million, according to Zillow.
JSP Management Company sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-15486) on May 16,
2025. In its petition, the Debtor reported total assets of
$2,277,602 and total liabilities of $1,563,883.
Judge Robert A. Mark handles the case.
The Debtor is represented by Rachamin "Rocky" Cohen, Esq., at Cohen
Legal Services, PA.
JULZ DEVELOPMENT: Unsecured Creditors to be Paid in Full in Plan
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Julz Development Group LLC filed with the U.S. Bankruptcy Court for
the Western District of Pennsylvania a Plan of Reorganization for
Small Business under Subchapter V dated June 11, 2025.
The Debtor is in the business of building and selling homes based
in Johnstown, Pennsylvania. The Debtor owns real estate that is
ready for sale as well as lots that can be developed or sold as
lots.
The Debtor is in the business of building and selling homes based
in Johnstown, Pennsylvania. The Debtor owns real estate that is
ready for sale as well as lots that can be developed or sold as
lots.
Before the Petition Date, the 1st Summit Bank had a pending
foreclosure on property of the Debtor. The Debtor filed this
bankruptcy to restructure its finances and provide for a structured
payment that will allow payment to creditors.
The Plan will be implemented through the continued operations of
the Debtor's business and the sale of property.
The Plan proposes to pay administrative and priority claims in full
unless otherwise agreed. The Debtor estimates approximately 100%
will be paid on account of general unsecured claims pursuant to the
Plan.
Class 2 consists of General Unsecured Claims. General Unsecured
Claims shall consist of all other creditors who are not in the
Subordinated Unsecured Claims Class with Allowed Claims not secured
by property of the estate and that are not entitled to priority
under Section 507(a) of the Bankruptcy Code. The creditors in this
Class must have had a claim against the Debtor as of March 13,
2025. The total amount for this Class is approximately $7,654.09.
The Creditors in this Class will be paid in full by the sale of the
Debtor's real estate. The claims in this Class are not entitled to
post-petition interest, attorney's fees, or costs. This Class is
impaired.
Class 3 consists of Equity Interests. Equity Interests will be
retained under the Plan.
The Plan will be implemented through the sale of real estate.
The Plan currently proposes the sale of Debtor's assets. The Debtor
has filed one Motion to Sell real estate and has shown the
remaining properties to interested parties. Some of the properties
are incomplete and the Debtor is attempting to sell these
properties "as is." In the event that an interested party is
willing to enter into a sales contract, but wants the property
completed, the Debtor will consider obtaining a Debtor in
Possession loan to finish the construction and sell the property.
If the Debtor cannot find interested buyers for the real estate,
the properties will be listed with a real estate agent and offered
for sale. All sales will be open to higher and better offers. The
Debtor, in its absolute discretion, reserves the right to conduct
sales of its assets to fund the Plan without court approval in the
event that the Debtor's business judgment supports such sales.
A full-text copy of the Plan of Reorganization dated June 11, 2025
is available at https://urlcurt.com/u?l=vH9Vd3 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
David Z. Valencik, Esq.
Calaiaro Valencik
555 Grant Street, Suite 300
Pittsburgh, PA 15219
Telephone: (412) 232-0930
Facsimile: (412) 232-3858
Email: dcalaiaro@c-vlaw.com
About Julz Development Group
Julz Development Group LLC is in the business of building and
selling homes based in Johnstown, Pennsylvania.
The Debtor filed a Chapter 11 bankruptcy petition (Bankr. W.D. Pa.
Case No. 25-70092) on March 13, 2025. The Debtor tapped Calaiaro
Valencik as counsel.
KIDZ TYME: Seeks Approval to Tap Hixson Law Group as Legal Counsel
------------------------------------------------------------------
Kidz Tyme Foundation Incorporated seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to employ
Hixson Law Group as legal counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties
and 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 documents necessary in the administration of
the case;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
Christopher Hixson, Esq., an attorney at Hixson Law Group,
disclosed in a court filing that he is a "disinterested person" as
the term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Christopher Hixson, Esq.
Hixson Law Group
18167 U.S. Hwy. 19 N, Suite 250
Clearwater, FL 33764
Telephone: (833) 203-5294
Email: chris@hixlawgroup.com
About Kidz Tyme Foundation
Kidz Tyme Foundation Incorporated operates as a lessor of
residential properties in Miami, Florida. The organization manages
and leases residential buildings, providing housing solutions
within the local community.
Kidz Tyme Foundation Incorporated sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case
No. 25-15578) on May 5, 2025. In its petition, the Debtor reported
estimated assets between $1 million and $10 million and estimated
liabilities between $500,000 and $1 million.
Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Christopher Hixson, Esq., at Hixson
Law Group.
KOLSTEIN MUSIC: Hires Latham Luna Eden & Beaudine as Counsel
------------------------------------------------------------
Kolstein Music, Inc. seeks approval from the U.S. Bankruptcy Court
for the Middle District of Florida to hire Latham, Luna, Eden &
Beaudine, LLP as counsel.
The firm will render these services:
(a) advise the Debtor of its rights and duties in this case;
(b) prepare pleadings related to this case; and
(c) take any and all other necessary action incident to the
proper preservation and administration of this estate.
The firm's professionals will be paid at these hourly rates:
Daniel Velasquez, Esq. $275 - $475
Attorneys $500
Paralegals $105
Prior to the petition date, the firm received an advance fee of
$26,738 from the Debtor.
Mr. Velasquez 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:
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 Kolstein Music, Inc.
Kolstein Music, Inc. sought Chapter 11 protection (Bankr. M.D. Fla.
Case No. 25-03511) on June 8, 2025, listing $500,001 to $1 million
in both assets and liabilities.
Judge Tiffany P Geyer presides over the case.
Daniel A Velasquez, Esq. at Latham, Luna, Eden & Beaudine, LLP
represents the Debtor as counsel.
L & H PHARMA: Claims to be Paid From Available Cash and Income
--------------------------------------------------------------
L & H Pharma Corp. filed with the U.S. Bankruptcy Court for the
Middle District of Florida an Amended Plan for Small Business under
Subchapter V dated June 10, 2025.
The Debtor is a Florida corporation organized by Articles of
Incorporation filed with the Florida Secretary of State on December
26, 2013. The Debtor operates a retail pharmacy in Cape Coral,
Florida. The Debtor's business is located at 428 Del Prado
Boulevard, Suite 111, Cape Coral, Florida 33909.
Payments to Inderika, Inc., as the holder of all Class 4 claims,
will be made as set forth in Article 4.01 of the Plan under the
terms contained in the Inderika Settlement Agreement. In summary,
the Debtor shall pay Inderika, Inc. a total of $860,000, consisting
of one $200,000 payment on or before July 31, 2025, followed by
twelve quarterly payments of $55,000 commencing on December 30,
2025, with final payment on September 30, 2028.
The Plan provides for: 1 class of priority claims, 1 class of
secured claims, 3 classes of unsecured claims; and 1 class of
equity security holders.
Class 3 consists of Non-Priority Unsecured Claims. Class 3 claim
consists of the IRS's claims including filed Claim 1-2. Class 3
Claims will be paid in full on the effective date from the Debtor's
cash. Class 3 is unimpaired by the Plan.
Class 6 is comprised of all equity interests in the Debtor, which
are owned by Laila Abouzeid. Laila Abouzeid will retain her equity
interests in the Debtor. Upon payment of the Initial Settlement
Payment, Laila Abouzeid is uncontested 100% owner of the Debtor.
Payments required under the Plan will be funded from: (i) existing
cash on hand on the Effective Date; and (ii) projected disposable
income remaining after the payment of operating expenses.
A full-text copy of the Amended Plan dated June 10, 2025 is
available at https://urlcurt.com/u?l=7PglGd from PacerMonitor.com
at no charge.
Attorney for the Debtor:
Michael Stavros, Esq.
JENNIS MORSE
606 East Madison Street
Tampa, Florida 33602
Telephone: (813) 229-2800
Email: mstavros@jennislaw.com
About L & H Pharma
L & H Pharma Corp. operates a retail pharmacy in Cape Coral,
Florida.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-07692) on December
31, 2024, with $500,001 to $1 million in assets and liabilities.
Judge Roberta A. Colton presides over the case.
Michael A. Stavros, at Jennis Morse, is the Debtor's legal counsel.
LAKE COUNTY: Court Extends Cash Collateral Access to July 31
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
extended Lake County Hospitality, LLC's authority to use cash
collateral from June 30 to July 31.
The court's second order authorized the Debtor's interim use of
cash collateral to pay operating expenses in accordance with its
budget.
As protection, Albany Bank & Trust Company, N.A, a senior secured
creditor, was granted replacement liens on all of the categories
and types of collateral in which it held a security interest and
lien as of the petition date. This includes, without limitation,
cash in the possession of Debtor and the proceeds thereof,
resulting from the Debtor's operations.
All of Albany Bank & Trust Company, N.A's rights as senior secured
creditor are otherwise unimpaired by the second interim order and
are preserved.
The next hearing is set for July 30. Objections are due by July
29.
About Lake County Hospitality
Lake County Hospitality, LLC operates in the hotel and lodging
sector and is associated with properties in Illinois. It manages
hospitality assets and has been linked to hotels such as Four
Points by Sheraton in Buffalo Grove.
Lake County Hospitality sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08293) on May 30,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Timothy A. Barnes handles the case.
The Debtor is represented by Paul M. Bach, Esq., at Bach Law
Offices.
LAVISH LIFESTYLES: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of Lavish Lifestyles Capital Investment Group, LLC,
according to court dockets.
About Lavish Lifestyles Capital Investment Group
Lavish Lifestyles Capital Investment Group LLC is a Fort
Lauderdale-based real estate investment firm.
Lavish Lifestyles Capital Investment Group LLC sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-10320) on January 14, 2025. In its petition, the Debtor reports
estimated assets up to $50,000 and estimated liabilities between $1
million and $10 million.
The Law Office of Mark S. Roher, PA serves as the Debtor's counsel.
LAZARUS INDUSTRIES: Hearing to Use Cash Collateral Set for June 30
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Western District of New York is
set to hold a hearing on June 30 to consider final approval of
Lazarus Industries, LLC's bid to use cash collateral.
The Debtor's authority to utilize cash collateral pursuant to the
court's June 18 fourth interim order expires on June 30.
The fourth interim order approved the payment of the Debtor's
expenses from the cash collateral in accordance with the budget it
filed with the court.
The order granted Tompkins Community Bank and other secured
creditors "rollover" replacement liens on post-petition cash,
accounts receivable, bank accounts and other assets, with the same
validity, extent and priority as their pre-bankruptcy liens. These
replacement liens do not apply to any Chapter 5 causes of action.
Tompkins originally extended a $500,000 line of credit to the
Debtor in 2019, which was later converted into a guaranteed
promissory note of approximately $495,852, with about $203,000
remaining unpaid. The bank holds a first-priority secured interest
in the Debtor's tangible and intangible assets.
The property securing the claims of Tompkins includes cash and
assets, valued at approximately $475,000 but junior to purchase
money secured loans against certain assets in the approximate
amount of $325,000.
Aside from Tompkins, other creditors include the U.S. Small
Business Administration with a second-priority lien ($500,000
owed), Rapid Finance, Vox Funding, Velocity Capital Group, and the
Internal Revenue Service, which collectively hold lower-priority
secured interests through various loans and federal tax liens.
About Lazarus Industries
Lazarus Industries, LLC is a construction, fabrication, and
manufacturing company based in Buffalo, N.Y.
Lazarus Industries sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. N.Y. Case No. 25-10417) on April 16,
2025, listing up to $1 million in assets and up to $10 million in
liabilities. Frank Lazarus, managing member of Lazarus Industries,
signed the petition.
Judge Carl L. Bucki oversees the case.
Frederick J. Gawronski, Esq., at Colligan Law, LLP, is the Debtor's
legal counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
Tompkins Community Bank, as secured creditor, is represented by:
John K. McAndrew, Esq.
Woods, Oviatt, Gilman, LLP
1900 Bausch & Lomb Place
Rochester, NY 14604
Direct: 585-987-2885
Office: 585.987.2800
Fax: 585.454.3968
jmcandrew@woodsoviatt.com
LEISURE INVESTMENTS: Taps Greenhill & Co. as Investment Banker
--------------------------------------------------------------
Leisure Investments Holdings, LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the District of Delaware to
employ Greenhill & Co., LLC as investment banker.
The firm will render these services:
a. review and analyze the Debtor's assets, liabilities,
capital structure and the historical financial performance of the
Debtor, including its liquidity;
b. analyze the Debtor's financial results and key operating
performance indicators;
c. review and analyze the business plan and financial
projections prepared by the Debtor;
d. evaluate the Debtor's potential debt capacity in light of
projected cash flows;
e. assist in the determination of an appropriate capital
structure for the Debtor and its affiliates;
f. assist in the determination of a range of values for the
Debtor, its equity interests, and/or its assets, in whole or
multiple parts, either as: a going concern; one or more assets or
equity interests sold on an "as is, where is" basis; or otherwise;
and, if determined to be appropriate by Greenhill, based on various
economic and business scenarios;
g. assist the Debtor in raising, structuring and effecting new
debt, equity or other securities, including, but not limited to,
bridge, debtor-in-possession and/or exit financing;
h. assist in evaluating strategic alternatives of the Debtor,
and develop Transaction frameworks;
i. provide advice and coordinate with management and counsel
to develop a strategy for any Transaction;
j. provide financial advice and assistance to the Debtor in
structuring any new securities, other consideration or instruments
to be offered and/or issued in connection with a Transaction;
k. assist the Debtor and its other professionals in reviewing
the terms of any proposed Transaction;
l. assist and/or participate in negotiations with the parties
in interest, including, without limitation, any current or
prospective creditors of the Debtor and/or their respective
representatives in connection with a Transaction;
m. advise the Debtor with respect to, and attend, meetings of
the Debtor's senior-management, board of directors, audit
committees (as necessary), creditor groups (including ad hoc groups
and statutory committees of creditors or equity holders) and other
interested parties, as necessary, with respect to matters on which
Greenhill has been engaged to advise hereunder;
n. if requested by the Debtor, participate in hearings in the
Bankruptcy Case before the Bankruptcy Court and provide relevant
testimony with respect to Greenhill's services and the matters
described herein, as well as issues arising in connection with any
proposed chapter 11 plan in Greenhill's area of expertise
concerning a Transaction;
o. assist the Debtor with respect to the development of a Sec.
363 sale process and/or private sale by developing optimal views on
packaging assets to maximize value; developing marketing materials
for assets or packages of assets, as appropriate; and assist in
developing bid procedures to maximize value for the estate;
p. assist the Debtor with conducting a Sec. 363 and/or private
sale process by identifying and contacting buyers and investors,
assisting prospective buyers and investors with their due
diligence, reviewing and evaluating non-binding letters of intent,
reviewing and evaluating binding bids, conducting an auction (if
appropriate or necessary), assisting the Debtor with the selection
of winning bids and backup bids, and assisting with the closing(s);
and
q. provide such other general advisory services and investment
banking services as are customary for similar transactions and as
may be mutually agreed upon by the Debtor and Greenhill.
The firm will receive these fees:
a. Monthly Advisory Fee. A non-refundable monthly fee of
$125,000 per month (the "Monthly Advisory Fee"), which shall be due
and paid promptly by the Company on a monthly basis in advance,
provided that solely the initial Monthly Advisory Fee shall be
pro-rated to the date hereof. The initial Monthly Advisory Fee
shall be payable upon execution of this Agreement and each
subsequent Monthly Advisory Fee shall be payable at the beginning
of each month thereafter. After six full Monthly Advisory Fees have
been received by Greenhill, 50 percent of any Monthly Advisory Fees
received by Greenhill shall be credited once, without duplication,
against any Restructuring Transaction Fee or M&A Fee payable to
Greenhill under the Engagement Letter; provided, that the amount
credited shall not exceed the amount of the fee(s) credited
against.
b. M&A Fee. Promptly upon the consummation of any M&A
Transaction, a fee (an "M&A Fee") equal to the greater of (a)
$250,000 and (b) the amount determined in accordance with Schedule
B of the Engagement Letter. Such M&A Fee shall be payable from the
proceeds of such applicable M&A Transaction prior to any other use
or distribution of such proceeds. Any M&A Fees earned up to, but
not exceeding, $2,250,000 may be credited once, without
duplication, against any Restructuring Transaction Fee payable to
Greenhill under the Engagement Letter; provided, that the amount
credited shall not exceed the amount of the fee(s) credited
against.
a. Notwithstanding anything to the contrary in the
Engagement Letter, for purposes of determining the M&A Fee, and in
lieu of the fees contemplated under this Agreement and the
Retention Agreement for Keen-Summit:
i. with respect to properties located in the United
States of America that are jointly marketed by both Greenhill and
Keen-Summit ("U.S. Jointly Marketed Properties"), and
1. purchased in connection with a going concern sale
of some portion of assets of the Debtors, Greenhill and Keen-Summit
shall each be entitled to a fee in the amount of (x) the applicable
M&A Fee under this Agreement, multiplied by (y) one-hundred fifty
percent (150.0 percent), and (z) divided by two (2), or
2. otherwise purchased in connection with any other
process not covered by section (i) immediately above, Greenhill and
KeenSummit shall each be entitled to an aggregate fee in the amount
of (x) the applicable Transaction Fee under the Keen-Summit
Agreement, multiplied by (y) one-hundred fifty percent (150.0
percent), and (z) divided by two (2); and
ii. with respect to properties located outside of the
United States of America that are jointly marketed by both
Greenhill and Keen-Summit ("Foreign Jointly Marketed Properties"),
each of Greenhill and KeenSummit shall be entitled to a fee in the
amount of (i) the applicable M&A Fee under this Agreement,
multiplied by (ii) one-hundred thirty percent (130 percent), and
(iii) divided by two (2).
c. Restructuring Transaction Fee. Promptly upon the
consummation of a Restructuring Transaction, a fee (the
"Restructuring Transaction Fee") equal to $2,250,000. For the
avoidance of doubt, no Restructuring Transaction Fee shall be due
or payable in connection with the refinancing of existing
obligations of the Company in a transaction that includes a
Financing for which a Financing Fee becomes due and payable;
provided that, in such a scenario, the Financing Fee will be the
greater of $2,250,000 and the amount that would otherwise be
calculated under section (d) of Engagement Letter paragraph 4.
d. Financing Fee. Promptly upon the consummation of any
Financing, a fee (a "Financing Fee") equal to an amount to be
determined according to this schedule:
(i) With respect to any senior secured Private Credit or
senior secured Debt Securities of any Financing:
a. If such new capital is raised from third parties
and/or a combination of third parties and existing creditors, the
Financing Fee earned will be 1.0 percent of the aggregate principal
amount raised, subject to a minimum fee of $500,000;
b. If such new capital is raised solely from The
Prudential Insurance Company of America, Prudential Legacy
Insurance Company of New Jersey, and/or Cigna Health and Life
Insurance Company, or some combination of these parties, no
Financing Fee shall be earned.
(ii) 3.0 percent of the aggregate principal amount raised of
any Private Credit or Debt Securities of any Financing which is
unsecured;
(iii) 4.0 percent of the aggregate principal amount raised of
any hybrid capital; and
(iv) 5.0 percent of any equity capital or capital convertible
into equity raised, including, without limitation, equity
underlying any warrants, purchase rights or similar contingent
equity securities.
A 50 percent discount shall be applied to any Financing Fee earned
if the capital is provided by parties who, as of March 31, 2025,
were the beneficial owners of Debt Securities or Private Credit
issued or borrowed, respectively, by the Company; provided, that
such discount shall only be applied to the Financing Fee earned on
account of the capital provided by such parties.
For the avoidance of doubt, the terms "aggregate principal amount"
and "raised" include the amount committed or otherwise made
available to the Company, whether or not such amount (or any
portion thereof) is drawn down at closing or is ever drawn down and
whether or not such amount (or any portion thereof) is used to
refinance existing obligations of the Company.
As disclosed in court filings, Greenhill is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
Greenhill & Co can be reached through:
Jakub Mleczko
Greenhill & Co., LLC
1271 Avenue of the Americas,
New York, NY 10020
Tel: (212) 389-1500
Fax: (212) 389-1700
About Leisure Investments Holdings
Leisure Investments Holdings LLC and affiliates are operating under
the name "The Dolphin Debtor," manage over 30 attractions,
including dolphin habitats, marinas, water parks, and adventure
parks, located in eight countries across three continents. Their
primary operations are based in Mexico, the United States, and the
Caribbean, with locations in Jamaica, the Cayman Islands, the
Dominican Republic, and St. Kitts. These attractions are home to
approximately 2,400 animals from more than 80 species of marine
life, including a variety of marine mammals such as dolphins, sea
lions, manatees, and seals, as well as birds and reptiles. As of
2023, the marine mammal population at the Debtors' parks includes
roughly 295 dolphins, 51 sea lions, 18 manatees, and 18 seals.
Leisure Investments Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case 25-10606) on
March 31, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Laurie Selber Silverstein handles the
case.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
Riveron Management Services, LLC as restructuring advisor; and
Kurtzman Carson Consultants, LLC d/b/a Verita Global, as claims &
noticing agent.
LEISURE INVESTMENTS: Taps Keen-Summit as Real Estate Advisor
------------------------------------------------------------
Leisure Investments Holdings, LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the District of Delaware to
employ Keen-Summit Capital Partners LLC as their real estate
advisor and broker.
The firm will render these services:
a. Marketing Services with Respect to Properties
1. on request, review pertinent documents and consult with
the Debtors' counsel, as appropriate;
2. coordinate with the Debtors for the development of due
diligence materials;
3. develop, subject to the Debtors' review and approval and
in consultation with the Prepetition First Lien Noteholders and DIP
Lenders, a marketing plan and implement each facet of the marketing
plan;
4. communicate regularly with prospects and maintain records
of communications;
5. solicit offers for one or more Transactions;
6. assist the Debtors, in consultation with the Prepetition
First Lien Noteholders and DIP Lenders, in evaluating, structuring,
negotiating and implementing the terms and conditions of a proposed
Transaction;
7. develop and implement, subject to the Debtors' review and
approval, an auction plan, including arranging auction logistics,
assisting Debtors' counsel with auction bid procedures, assisting
the Debtors to qualify bidders, and running the auction at the
offices of the Debtors' counsel or such other location that may be
designated by the Debtors;
8. communicate regularly with the Debtors and their
professional advisors in connection with the status of its
efforts;
9. track and report to the Company any agreed to, earned, due
and payable and/or paid fees and commissions to brokers pursuant to
this Agreement; and
10. work with the Debtors' attorneys responsible for the
implementation of the proposed Transactions, reviewing documents,
negotiating and assisting in resolving problems which may arise.
b. Master Brokerage Services with Respect to Foreign Properties
1. identify the best real estate broker in each market for
this project, including by factoring in cost of brokerage services,
experience in the industry and other pertinent factors;
2. engage each broker on a subcontracting basis and subject
to Debtors' prior review and approval, in consultation with the
Prepetition First Lien Noteholders and DIP Lenders;
3. coordinate with Debtors' counsel on the debtor's retention
of local real estate counsel;
4. understand, in conjunction with Debtors' counsel and the
local broker and real estate counsel, the ability in the market to
use a stalking-horse-overbid-process;
5. supervise the development and implementation of each
broker's marketing plan, including leaving open the opportunity for
bulk purchases;
6. assist foreign local brokers and their prospects in their
understanding of and comfort with the bankruptcy sale process
(depending upon whether the firm can or cannot sign up a stalking
horse and run an overbid process);
7. obtain weekly status reports from local brokers;
8. communicate regularly with Debtors and their professional
advisors in connection with the status of Keen's master brokerage
efforts;
9. use Keen's proprietary database, supplementing the
marketing of the local brokers by marketing outside of the United
States for sale on an individual and package basis; and
10. assist with offer solicitations; negotiations;
documentation; overbid process, if and as applicable; and Court
approval.
Keen has agreed on the following terms of compensation:
a. Transaction Fee. As and when the Debtors close a
Transaction, whether such Transaction is completed individually or
as part of a package or as part of a sale of all or a portion of
the Debtors' business or as part of a plan of reorganization, Keen
shall earn the following fee:
1. 3.5 percent of the first $10,000,000 of "Gross Proceeds"
from the Transaction, plus
2. Three percent of the next $5,000,000 of Gross Proceeds
from the Transaction, plus
3. One percent of Gross Proceeds in excess of $15,000,000,
(the "Transaction Fee"), plus
4. The reimbursement of its reasonable and documented out
of pocket expenses.
b. Master Broker Transaction Fee. As and when Company closes a
Foreign Property Transaction, whether such Transaction is completed
individually or as part of a package or as part of a sale of all or
a portion of Company's business or as part of a plan of
reorganization, then Keen shall have earned compensation per
Transaction equal to one percent of Gross Proceeds (the "Master
Broker Transaction Fee"); plus the reimbursement of its reasonable
and documented out of pocket expenses, as set forth in Section VIII
of the Engagement Letter.
c. Local Broker Commissions. As and when Company closes a
Foreign Property Transaction, whether such Transaction is completed
individually or as part of a package or as part of a sale of all or
a portion of Company's business or as part of a plan of
reorganization, then Local Broker shall have earned compensation
per Transaction equal to the terms and conditions of such Local
Broker's subcontracting agreement with Keen (the "Local Broker
Transaction Fee"), such fees to be payable by Company; provided,
however, if and to the extent the Company intends to retain a Local
Broker whose Local Broker Transaction Fee will exceed 6 percent,
then such subcontracting agreement and the terms of the Local
Broker Transaction Fee shall be approved by the Prepetition First
Lien Noteholders and DIP Lenders.
d. Come Hell or Highwater Fee with respect to Properties. It
is the intention of the parties that once engaged and work has
commenced on a Property; Keen shall earn a fee for such Property.
If a Transaction Fee is not earned, and if, during the Term, and
subsequent to Keen commencing work on the applicable Property:
1. Company transfers a property to a secured lienholder or
a subsidiary or affiliated entity, or a liquidating trust or other
entity created for the benefit of the creditors, however such
transfer is effectuated, whether by means of a deed in lieu, credit
bid, or
otherwise; or
2. Company designates a Property as a Removed Property or
otherwise withdraws a property from the scope of the engagement or
cancels an auction; or
3. the highest and best Transaction offer does not cover
the secured liens on the Property and the secured lienholder(s)
does/do not consent to the Transaction, then Keen shall be due a
Fee (in lieu of any Transaction Fee) equal to the greater of
$50,000 or, in the event of a credit bid, one percent of the credit
bid plus the amount of the existing mortgage.
Notwithstanding the foregoing, the Come Hell or Highwater Fee shall
be capped at $150,000 per Property; plus the reimbursement of any
unpaid reasonable and documented out-of-pocket expenses. Such fee
and expense reimbursement shall be due and payable within 10 days
of invoicing (subject to a final fee application).
e. Come Hell or Highwater Fee with Respect to Foreign
Properties. It is the intention of the parties that once engaged
and work has commenced on a Foreign Property, Keen and the Local
Broker shall earn a fee for such Foreign Property. If a Transaction
Fee is not earned, and if, during the Term, and subsequent to Keen
commencing work on the applicable Foreign Property:
1. Company transfers a Foreign Property to a secured
lienholder or a subsidiary or affiliated entity, or a liquidating
trust or other entity created for the benefit of the creditors,
however such transfer is effectuated, whether by means of a deed in
lieu, credit bid, or otherwise; or
2. Company designates a Foreign Property as a Removed
Property or otherwise withdraws a Foreign Property from the scope
of the engagement or cancels an auction; or
3. the highest and best Transaction offer does not cover
the secured liens on the Foreign Property and the secured
lienholder(s) does/do not consent to the Transaction, then Keen
shall be due a Fee (in lieu of any Transaction Fee) equal to the
greater of $100,000 or, in the event of a credit bid, one percent
of the credit bid plus the amount of the existing mortgage.
Notwithstanding the foregoing, the Come Hell or Highwater Fee shall
be capped at $250,000 per Foreign Property; plus the reimbursement
of any unpaid reasonable and documented out-of-pocket expenses.
Such fee and expense reimbursement shall be due and payable within
10 days of invoicing (subject to a final fee application).
f. Joint Marketing with Greenhill & Co., LLC. Notwithstanding
anything to the contrary in the Engagement Letter, for purposes of
determining the Transaction Fee, and in lieu of the fees
contemplated under this Agreement and the Agreement (the "Greenhill
Agreement"), dated as of May 15, 2025, between the Company and
Greenhill & Co., LLC ("Greenhill"):
1. With respect to properties located in the United States
of America that are jointly marketed by both Greenhill and Keen
("U.S. Jointly Marketed Properties"), and
a) purchased in connection with a going concern sale of
some portion of assets of the Debtors, Greenhill and Keen shall
each be entitled to a fee in the amount of (x) the applicable M&A
Fee under the Greenhill Agreement, multiplied by (y) 150 percent,
and (z) divided by two (2), or
b) otherwise purchased in connection with any other
process not covered by section (i) immediately above, Greenhill and
Keen shall each be entitled to an aggregate fee in the amount of
(x) the applicable Transaction Fee under the Engagement Letter,
multiplied by (y) 150 percent, and (z) divided by two (2); and
2. With respect to properties located outside of the United
States of America that are jointly marketed by both Greenhill and
Keen ("Foreign Jointly Marketed Properties"), each of Greenhill and
Keen shall be entitled to a fee in the amount of (i) the applicable
M&A Fee under the Greenhill Agreement, multiplied by (ii) 130
percent, and (iii) divided by two (2).
Harold Bordwin, a principal at Keen-Summit Capital Partners,
disclosed in a court filing that the firms are a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Harold Bordwin
Keen-Summit Capital Partners LLC
1 Huntington Quad
Melville, NY 11747
Telephone: (914) 980-8555
Email: hbordwin@ken-summit.com
About Leisure Investments Holdings
Leisure Investments Holdings LLC and affiliates are operating under
the name "The Dolphin Debtor," manage over 30 attractions,
including dolphin habitats, marinas, water parks, and adventure
parks, located in eight countries across three continents. Their
primary operations are based in Mexico, the United States, and the
Caribbean, with locations in Jamaica, the Cayman Islands, the
Dominican Republic, and St. Kitts. These attractions are home to
approximately 2,400 animals from more than 80 species of marine
life, including a variety of marine mammals such as dolphins, sea
lions, manatees, and seals, as well as birds and reptiles. As of
2023, the marine mammal population at the Debtors' parks includes
roughly 295 dolphins, 51 sea lions, 18 manatees, and 18 seals.
Leisure Investments Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case 25-10606) on
March 31, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Laurie Selber Silverstein handles the
case.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
Riveron Management Services, LLC as restructuring advisor; and
Kurtzman Carson Consultants, LLC d/b/a Verita Global, as claims &
noticing agent.
LILYDALE PROGRESSIVE: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
Lilydale Progressive Missionary Baptist Church received another
extension from the U.S. Bankruptcy Court for the Northern District
of Illinois to use cash collateral.
The court's eighth interim order authorized the Debtor to use cash
collateral for the period from June 18 to July 24 to operate and
maintain its property in accordance with its budget.
The Debtor projects total monthly operational expenses of
$34,363.14.
As protection for any diminution in value of its collateral,
CadleRock III, LLC was granted a replacement lien on the Debtor's
accounts and accounts receivables (excluding causes of action).
In addition, the Debtor will make monthly payments to CadleRock in
the amount of $10,000 and will remit to CadleRock all revenues for
the 30-day period that exceed $45,000.
The Debtor will also keep its property insured as further
protection.
The Debtor's authority to use cash collateral will terminate on
July 24; upon entry of a court order modifying or otherwise
altering the effectiveness of the eighth interim order; or upon
occurrence of an event of default, whichever comes first.
A status hearing is set for July 23.
Cadlerock is the successor in interest to Park National Bank, the
original lender. It has a mortgage on the Debtor's property in
Chicago, Ill., which is valued at approximately $2 million. The
property generates income through tithes and offerings, which
qualify as cash collateral under Section 363(a) of the Bankruptcy
Code.
As of the petition date, Cadlerock is owed not less than
$504,401.05.
About Lilydale Progressive Missionary
Lilydale Progressive Missionary Baptist Church sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Banker. N.D. Ill.
Case No. 24-12502) on August 26, 2024, with $500,001 to $1 million
in assets and $100,001 to $500,000 in liabilities.
Judge Janet S. Baer presides over the case.
The Debtor tapped the Law Office William E. Jamison & Associates as
bankruptcy counsel and Chitwood & Chitwood Financial Services as
accountant.
CadleRock III, LLC, as secured creditor, is represented by:
Cynthia G. Feeley, Esq.
Feeley & Associates, P.C.
161 North Clark Street, Suite 1600
Chicago, IL 60601
Tel: 312-541-1200
feeleypc@aol.com
MARCO'S PIZZA: Unsecureds Will Get 100% of Claims in Plan
---------------------------------------------------------
Marco's Pizza of N.Y. Corp. and Josulianaa, Inc. filed with the
U.S. Bankruptcy Court for the Southern District of New York a Small
Business Plan of Reorganization under Subchapter V dated June 10,
2025.
Marco's is a New York State corporation engaged in the business of
being the lessee of the ground floor and basement space at 145 East
49th Street, New York, New York (the "Premises"). Marco's landlord
is 145 East 49th St L.L.C. (the "Landlord").
Josulianaa is a New York State corporation that, along with
Marco's, operates a restaurant named La Bellezza Pizzeria at the
Premises.
The Debtor intends to implement the Plan with income generated from
their businesses. Under the Plan, the Debtor will pay the class of
general unsecured creditors, in full, on the Effective Date, and
will treat the other class in this case, the Landlord, pursuant to
the provisions of a settlement agreement by and between the Debtors
and the Landlord.
Class 1 consists of General Unsecured Claims of Josulianaa Inc.
This Class shall be paid one hundred percent of their Allowed
Claims on the Effective Date. Class 1 is not impaired and not
entitled to vote to accept or reject the Plan.
The Plan shall be funded by income generated by the cash on hand
and income generated by Josulianaa Inc.
A full-text copy of the Plan of Reorganization dated June 10, 2025
is available at https://urlcurt.com/u?l=iaSuK2 from
PacerMonitor.com at no charge.
Counsel for the Debtors:
SHAFFERMAN & FELDMAN LLP
Joel Shafferman, Esq.
137 Fifth Avenue, 9th Floor
New York, NY 10010
Tel.: (212) 509-1802
About Marco's Pizza of N.Y., Corp.
Marco's Pizza of N.Y., Corp. is a corporation engaged in the
business of being the lessee of the ground floor and basement space
at 145 East 49th Street, New York, New York (the "Premises").
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-10468) on March 13,
2025, listing $500,001 to $1 million in both assets and
liabilities.
Judge John P. Mastando III presides over the case.
Joel Shafferman, Esq. at Shafferman & Feldman, LLP, is the Debtor's
counsel.
MARELLI HOLDINGS: Nissan, Tesla Selected for Creditors' Committee
-----------------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that
Carmakers Nissan and Tesla are among seven unsecured creditors
appointed by the U.S. Trustee's Office to serve on the creditors'
committee in auto parts manufacturer Marelli Corp.'s Chapter 11
bankruptcy case.
About Marelli
Marelli is a "Tier 1" automotive supplier and one of the largest
automotive components suppliers in the world. Headquartered in
Saitama, Japan, Marelli operates in 24 countries around the world
and supplies over 65 OEMs and brands such as Stellantis, Nissan,
Volkswagen, BMW, and Mercedes Benz. With around 45,000 employees
worldwide, the Marelli footprint includes over 150 sites globally.
In 2024, Marelli generated over $10 billion of revenue.
On June 11, 2025, Marelli Holdings Co. Ltd. and its affiliates
commenced voluntary chapter 11 cases (Bankr. D. Del. Lead Case No.
25-11034). The cases are pending before the Honorable Judge Craig
T. Goldblatt in Delaware.
Around 80% of the Company's lenders have signed an agreement to
support the Company' Chapter 11 restructuring in the U.S., which
will deleverage Marelli's balance sheet and strengthen its
liquidity position.
Kirkland & Ellis LLP is serving as legal counsel to Marelli. PJT
Partners Inc. is serving as financial advisor, and Alvarez & Marsal
LLC is serving as restructuring advisor to Marelli. Verita Global,
formerly KCC, is the claims agent.
Akin Gump Strauss Hauer & Feld LLP, Houlihan Lokey, and
AlixPartners LLP are serving as advisors to the ad hoc group of
lenders.
MARK'S POOL: Hires EisnerAmper LLP as Financial Consultant
----------------------------------------------------------
Mark's Pool Service, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Pennsylvania to employ
EisnerAmper LLP as financial consultants.
The firm will render these services:
a. assist management and other professionals with its
liquidity, financial, operational, and strategic planning,
including the development of Chapter 11 strategy;
b. assist in monitoring cash balance and cash requirements;
c. provide support in the development of a rolling cash flow
budget and variance analysis;
d. assist with the preparation of monthly operating reports,
projections, and claim analysis;
e. assist in the negotiations with various stakeholders;
f. develop and negotiate viable plan of reorganization;
g. provide additional assistance; and
h. coordinate with stakeholders to ensure no duplication of
work.
EisnerAmper will be paid at these hourly rates:
Partners/Directors $640 - $850
Managers/Senior Managers $385 - $555
Paraprofessionals/Staffs $195 - $375
EisnerAmper will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert Katz, managing director at EisnerAmper, 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.
The firm can be reached through:
Robert Katz
EisnerAmper LLP
One Logan Square
130 North 18th Street, Suite 3000
Philadelphia, PA 19103
Phone: (215) 881-8800
(215) 881-8828
About Mark's Pool Service, LLC
Mark's Pool Service, LLC, doing bsuiness as MPS Custom Pools, is a
pool contractor serving the Lehigh Valley area. It specializes in a
variety of services, from custom pool design and construction to
regular maintenance. Its offerings include concrete pools, custom
above-ground pools, custom inground pools, semi-inground pools,
fiberglass pools, pool renovations, tile work, upgrades, vinyl
pools, and weekly cleaning services.
Mark's Pool Service sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-10348) on January 28,
2025, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Mark D. Reynard, president of Mark's Pool
Service, signed the petition.
Judge Patricia M. Mayer presides over the case.
Frank S. Marinas, Esq. at Maschmeyer Marinas, P.C. represents the
Debtor as legal counsel.
MARVEL LIGHTING: Judy Wolf Weiker Named Subchapter V Trustee
------------------------------------------------------------
The U.S. Trustee for Region 10 appointed Judy Wolf Weiker of
Manewitz Weiker Associates, LLC as Subchapter V trustee for Marvel
Lighting, LLC.
Ms. Weiker will be paid an hourly fee of $375 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Weiker declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Judy Wolf Weiker
Manewitz Weiker Associates, LLC
P.O. Box 40185
Indianapolis, IN 46240
Phone: 973-768-2735
Email: JWWtrustee@manewitzweiker.com
About Marvel Lighting
Marvel Lighting, LLC is a lighting designer and distributor based
in Carmel, Indiana.
Marvel Lighting sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-03349) on June 10,
2025, listing up to $500,000 in assets and up to $1 million in
liabilities. John Ansted, principal at Marvel Lighting, signed the
petition.
Judge Jeffrey J. Graham oversees the case.
John Allman, Esq., at Hester Baker Krebs, LLC, represents the
Debtor as legal counsel.
MASS POWER: Unsecured Creditors Will Get 15% of Claims in Plan
--------------------------------------------------------------
Mass Power Solutions LLC filed with the U.S. Bankruptcy Court for
the District of Massachusetts a Plan of Reorganization dated June
10, 2025.
Mass Power Solutions was formed in 2018 and began operations in
2019 by establishing relations in the solar panel industry. The
Debtor became a full service solar panel installer for residential
homeowners.
The Debtor sought relief under Chapter 11 because it was unable to
continue business operations because Fox Funding, a receivable
lender/purchaser, has asserted claims to debtor's payments from
Lightreach Solar.
The Debtor's Plan is a three-year bootstrap plan. The Debtor will
continue operating and will repay creditors from future income. The
Debtor will use its ERC credit in excess of the IRS setoff to pay
the priority wage claims, the priority tax claims and then general
unsecured creditors. The Plan provides for quarterly payments to
general unsecured creditors.
The Debtor's projections assume a modest increase in sales year
over year and provide for a return to normal operating expenses,
including increased staffing, marketing, and capital expenditures.
If the Debtor's sales do not increase as projected, the Debtor
likewise will not increase its expenses.
Class 8 consists of the Allowed General Unsecured Claims against
the Debtor in the estimated amount of $1,300,000 inclusive of the
Class 6 and 7 Claims of Elevation Capital and Fox Funding. The
claims of the General Unsecured Creditors are impaired under the
Plan. Any holder of an Allowed General Unsecured Claim shall be
entitled to vote under the Plan.
In full and complete satisfaction, settlement, release and
discharge of all Class 8 claims, each holder of an Allowed Class 8
claim shall receive a pro rata distribution of quarterly payments
averaging $17,000 a quarter commencing as soon as the priority wage
claims and priority tax claims have bene paid in full. In addition,
any net proceeds recovered by the Debtor from any Avoidance Actions
or other claim will be contributed to the Plan. The Debtor
estimates that each holder of a Class 8 Claim will receive at least
15% of its Claim through the Plan.
The Plan will be funded from the Debtor's net income and its ERC
Tax Credit. Upon the Effective Date, the Debtor is authorized to
take all action permitted by law, including, without limitation, to
use its cash and other Assets for all purposes provided for in the
Plan and in its operations, to borrow funds, to transfer funds
between itself and any other entity for any legitimate purpose,
including but not limited to cash management, to refinance its
obligations under the Plan or to sell its existing Assets.
A full-text copy of the Plan of Reorganization dated June 10, 2025
is available at https://urlcurt.com/u?l=BpEBLL from
PacerMonitor.com at no charge.
Counsel to the Debtor:
John O. Desmond, Esq.
5 Edgell Road, Suite 30A
Framingham, MA 01701
Telephone: (508) 879-9638
Email: attorney@jdesmond.com
About Mass Power Solutions
Mass Power Solutions LLC is an electrical contracting company
specializing in renewable energy solutions, including solar project
design, installation, and management, serving both residential and
commercial clients.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-40234) on March 5,
2025. In the petition signed by Ryan Lane, manager, the Debtor
disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Judge Elizabeth D. Katz oversees the case.
John O. Desmond, Esq., is the Debtor's legal counsel.
MAVENIR PRIVATE: S&P Withdraws 'CC' Issuer Credit Rating
--------------------------------------------------------
S&P Global Ratings withdrew all of its ratings on Mavenir Private
Holdings II Ltd., including the 'CC' issuer credit rating, at the
issuer's request. At the time of the withdrawal, S&P's outlook was
negative.
MEYER BURGER: Swiss Company Seeks Chapter 11 Bankruptcy
-------------------------------------------------------
Gnaneshwar Rajan of Reuters reports that Swiss solar panel producer
Meyer Burger has sought Chapter 11 bankruptcy protection in the
U.S., the company revealed in a court filing on Wednesday, June 25,
2025. The firm has faced significant financial pressure, with its
European and American operations struggling to compete against
cheaper Asian imports.
At the end of May 2025, Meyer Burger announced the closure of its
Arizona plant due to financial challenges, followed by insolvency
filings for its German units, the report states.
According to the U.S. filing, the company reported estimated assets
between $100 million and $500 million, and liabilities between $500
million and $1 billion.
About Meyer Burger (Holding) Corp.
Meyer Burger (Holding) Corp. is a manufacturer of solar
photovoltaic equipment and systems.
Meyer Burger (Holding) Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11217) on June 25,
2025. In its petition, the Debtor reports estimated assets between
$100 million and $500 million, and liabilities between $500 million
and $1 billion.
Honorable Bankruptcy Judge Craig T. Goldblatt handles the case.
The Debtor is represented by Zachary Javorsky, Esq., Paul Noble
Heath, Esq., Brendan Joseph Schlauch, Esq.,Nicholas Franchi, Esq.,
and Jason M. Madron, Esq. at Richards, Layton & Finger, P.A.
MISSION POINT: Quality of Care Maintained, PCO Reports
------------------------------------------------------
Deborah Fish, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Eastern District of Michigan her report
regarding the quality of patient care provided by Mission Point of
Detroit, LLC.
The report covers the period from April 24 to June 17, and is based
upon site visits, observations at the facility, communications with
Human Resources, and discussions with staff and residents.
The PCO cited that the Debtor has maintained all of its services
and is delivering similar quality care to essentially the same
patient population as it did pre-petition.
The PCO observed that the facility is newer and has a welcoming
look and feel. The facility is adequately maintained, the floors
and gathering rooms are clean, and the residents' rooms are clean.
The residents' rooms are located off of one main one main hallway
on three levels. There were no foul odors to report.
Ms. Fish noted that the facility has a primary physician, and the
physician has physician assistant make rounds during the week. Any
follow-up care, change in medication or questions are managed at
this time. The PCO spoke with the residents during the visits and
found them to be responsive and pleased or satisfied with the care
given.
The PCO stated that the administration has confirmed that the
Debtor has maintained its relationship with its pre-bankruptcy
suppliers. There was one brief issue with the ordering and delivery
of pharmaceuticals, which was resolved immediately and caused no
resident issues. The Debtor continues to order from the vendor.
The PCO found out that the Debtor has continued the same quality of
care post-petition as it did pre-bankruptcy. Monitoring will
continue.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=8BsfkU from PacerMonitor.com.
The ombudsman may be reached at:
Allard & Fish, P.C.
Deborah L. Fish
211 W Fort St. Suite 705
Detroit MI 48226
(313) 309.3171
Email: dfish@allardfishpc.com
About Mission Point of Detroit
Mission Point of Detroit, LLC is a skilled nursing and
rehabilitation facility located in Detroit, Mich. It operates under
the Mission Point Healthcare Services network, which manages
post-acute care centers across the state. The facility provides
short-term rehabilitation, long-term care, and specialized nursing
services.
Mission Point of Detroit sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-43883) on April 16,
2025, listing between $1 million and $10 million in both assets and
liabilities. Judge Maria L. Oxholm handles the case.
Ryan Heilman, Esq., at Heilman Law, PLLC is the Debtor's bankruptcy
counsel.
The Huntington National Bank, as secured creditor, is represented
by:
Douglas C. Bernstein, Esq.
Plunkett Cooney
38505 Woodward Avenue, Suite 100
Bloomfield Hills, MI 48304
(248) 901-4091
dbernstein@plunkettcooney.com
Deborah L. Fish is the patient care ombudsman appointed in the
Debtor's case.
MY GEORGIA PLUMBER: Taps Jones Lang LaSalle as Real Estate Broker
-----------------------------------------------------------------
My Georgia Plumber, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Georgia to employ Jones Lang
LaSalle Brokerage, Inc. as real estate broker.
The broker will market and sell the Debtor's real property located
at 3050 Marietta Hwy, Canton, Georgia 30114.
The broker's a standard commission is 7 percent.
Paul Hanna, Esq., a broker at Jones Lang LaSalle Brokerage, Inc.,
assured the court that the firm is a "disinterested person" within
the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Paul Hanna
Jones Lang LaSalle Brokerage, Inc.
3344 Peachtree Road NE Suite 1100
Atlanta, GA 30326
Tel: (404) 461-9992
Fax: (770) 559-2021
About My Georgia Plumber
My Georgia Plumber, Inc., a company in Canton, Ga., filed a
petition under Chapter 11, Subchapter V of the Bankruptcy Code
(Bankr. N.D. Ga. Case No. 23-61266) on Nov. 13, 2023. In the
petition signed by its chief executive officer, Katrina
Rief-Derrico, the Debtor reported up to $50,000 in assets and $1
million to $10 million in liabilities.
Cameron M. McCor, Esq., at Jones & Walden, LLC, is the Debtor's
legal counsel.
NELROY DRUGS: Samuel Dawidowicz Named Subchapter V Trustee
----------------------------------------------------------
The U.S. Trustee for Region 2 appointed Samuel Dawidowicz as
Subchapter V trustee for Nelroy Drugs, Inc.
Mr. Dawidowicz will be paid an hourly fee of $565 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Dawidowicz declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Samuel Dawidowicz
215 East 68th Street
New York, NY 10065
Phone: (917) 679-0382
About Nelroy Drugs
Nelroy Drugs Inc., doing business as Glenridge Pharmacy, sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
E.D.N.Y. Case No. 25-42745) on June 5, 2025.
Judge Nancy Hershey Lord presides over the case.
Richard S. Feinsilver, Esq., represents the Debtor as legal
counsel.
NEWS DIRECT: Gets OK to Use $60K in Cash Collateral Until July 2
----------------------------------------------------------------
News Direct Corp. received sixth interim approval from the U.S.
Bankruptcy Court for the District of Connecticut to use up to
$60,772.09 in cash collateral to pay its expenses.
The sixth interim order authorized the Debtor to use cash
collateral for the period from June 19 to July 2 in accordance with
its budget, with a permitted line-item variance of up to 10%.
As protection for any diminution in value of its interest, Old
National Bank was granted replacement liens on the Debtor's
personal property, with the same validity, extent, and priority as
its pre-bankruptcy liens.
In addition, Old National Bank will receive payments totaling
$15,000 as further protection.
The next hearing is scheduled for July 1.
News Direct's business is serving as a messenger service for its
business customers, distributing its customer's press releases and
other information across a wide variety of business news outlets
such as Bloomberg Financial, Dow Jones, and Yahoo Finance. The
Debtor derives its income from the fees it charges its customers
for these services. Its current monthly revenue is estimated to be
$115,000-$130,000 per month.
Old National Bank appears to be the only entity with a present
interest in the cash collateral.
About News Direct Corp.
News Direct Corp. is a news and content distribution platform in
Norwalk, Conn.
News Direct sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Conn. Case No. 25-50005) on January 3, 2025, with
up to $50,000 in assets and $1 million to $10 million in
liabilities.
Judge Julie A. Manning handles the case.
The Debtor is represented by Scott M. Charmoy, Esq., at Charmoy &
Charmoy.
Old National Bank, as secured creditor, is represented by:
Kristin B. Mayhew, Esq.
Pullman & Comley, LLC
850 Main Street
P.O. Box 7006
Bridgeport, CT 06601-7006
Phone: 203-330-2000
Fax: 203-576-8888
kmayhew@pullcom.com
NICK'S PIZZA: Court Extends Cash Collateral Access
--------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
issued its fourth interim order authorizing Nick's Pizza & Pub,
Ltd. to use cash collateral.
The Debtor was authorized to continue to use its lenders' cash
collateral to pay the expenses set forth in its budget.
To the extent funds are available from operations after creating a
$75,000 reserve and after paying attorneys' fees pursuant to
Section 330 of the Bankruptcy Code, the Debtor was authorized to
make monthly partial rent payments for its Crystal Lake and Elgin
restaurant in an amount in excess of the reserve amount.
The Debtor's right to use the lenders' cash collateral will expire
on August 18 or the date of the final hearing.
The next hearing is scheduled for August 13.
The Debtor's lenders are St. Charles Bank & Trust Company, N.A.,
Rewards Network Establishment Services, Inc. and On Deck Capital,
Inc.
St. Charles Bank & Trust, successor by merger with First Community
Bank, asserts that it holds a lien on assets of the Debtor pursuant
to UCC-1 financing statements it filed against the Debtor. The
lender provided a $5.725 million loan to the Debtor to, among other
things, assist in the refinancing of the Debtor's real property and
construction of a restaurant.
Similar security interests may be asserted by Rewards pursuant to
its 2017 Receivables Purchase and Marketing Agreement with the
Debtor. The agreement included language granting a security
interest in certain property owned by the Debtor.
A copy of the court's order and the budget is available at
https://shorturl.at/ctN4F from PacerMonitor.com.
About Nick's Pizza & Pub, Ltd.
Nick's Pizza & Pub, Ltd. is a family-friendly restaurants in
Crystal Lake and Elgin, serving thin-crust Chicago pizza.
Nick's Pizza & Pub filed Chapter 11 petition (Bankr. N.D. Texas
Case No. 24-18037) on December 2, 2024, with assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million. Nicholas Sarillo, president of Nick's, signed the
petition.
Judge Janet S. Baer handles the case.
Matthew T. Gensburg, Esq., at Gensburg Calandriello & Kanter, P.C.
is the Debtor's legal counsel.
St. Charles Bank & Trust Company, N.A., as lender, is represented
by:
John Adam Powers, Esq.
Brotschul Potts, LLC
1 Tower Lane, Suite 2060
Oak Brook Terrace, IL 60181
Phone: (312) 551-9003
apowers@brotschulpotts.com
NOAHCO LLC: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: Noahco LLC
590 N Lake Ave
Pasadena, CA 91101
Business Description: Noahco LLC leases nonresidential buildings,
excluding miniwarehouses and self-storage
units. The Company operates in the
commercial real estate sector, focusing on
properties not used as residences or
dwellings.
Chapter 11 Petition Date: June 24, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-15291
Judge: Hon. Barry Russell
Debtor's Counsel: Yoon O. Ham, Esq.
LAW OFFICE OF YOON O. HAM
1425 W. Foothill Blvd.
Suite 235
Upland, CA 91786
Tel: 909-256-2920
Fax: 909-256-2927
E-mail: hamyesq@gmail.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Essa Rabadi as managing member.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/3GFMM2Q/Noahco_LLC__cacbke-25-15291__0001.0.pdf?mcid=tGE4TAMA
NORMAN REGIONAL: S&P Lowers Bond Rating to 'CCC', Outlook Negative
------------------------------------------------------------------
S&P Global Ratings lowered its long-term rating three notches to
'CCC' from 'B' on the Norman Regional Hospital Authority (NRHA),
Okla.'s series 2016, 2017, and 2019 revenue bonds, issued for
Norman Regional Health System (NRHS).
The outlook is negative.
The downgrade reflects continued deterioration in NRHS' extremely
slim liquidity position and increased reliance on a fully drawn $35
million line of credit (LOC) that expires Nov. 18, 2025. Failure to
renew the LOC could prompt a liquidity crisis. This uncertainty
also underpins the negative outlook. S&P expects NRHS will make its
Sept. 1, 2025, bond principal and interest payments, but it also
believes positive developments will be required to prevent an
eventual default.
S&P said, "We view NRHS' governance risks as elevated in our
analysis. Our management and governance assessment is vulnerable,
which we believe reflects the failure to execute on strategic
initiatives, specifically the facilities transformation plan, and
weaknesses in governing body oversight. NRHS is a public trust, and
the City of Norman is the beneficiary. The board is not
self-perpetuating (which we view as a best practice), and we
understand that the board was not adequately aware to intervene
amid the recent financial deterioration. The city must approve any
new hospital or ambulatory surgery center in Norman, which we view
favorably as it helps limit immediate competition in the service
area.
"We view NRHS' overall environmental factors as moderately negative
in our analysis, given its location in a market prone to tornadoes,
which have caused disruption in the past. Specifically, in May
2013, NRHS' Moore hospital was destroyed by a tornado, then rebuilt
in 2016 as an outpatient facility. There is little NRHS can do to
mitigate the risk of tornadoes beyond stronger construction of
facilities, and it has incorporated additional infrastructure
reinforcements in its new buildings. We view NRHS' social factors
as neutral, although it remains exposed to human capital risks
related to labor and other inflationary pressures that contributed
to recent operating losses."
Environmental, social, and governance (ESG) credit factors for this
change in credit rating/outlook and/or CreditWatch status:
-- Risk management, culture, and oversight.
The negative outlook reflects NRHS' negative operating margins,
thin cash flow, and reliance on external sources of liquidity that
are subject to renewal risk. The outlook further reflects S&P's
view that a liquidity crisis is possible.
S&P said, "We could lower the rating if we view payment default or
bankruptcy risk as increasingly certain over the near term, which
could include further declines in reserves or failure to renew the
LOC. We understand that leadership is not considering bankruptcy at
this time. Even if rated bond payments are made in full and on
time, we would lower the rating if NRHS does not repay its LOC draw
absent a renewal or extension.
"We could revise the outlook to stable if NRHS meets key targets
and milestones over the next year while improving coverage such
that ongoing operations appear more capable of supporting near term
debt service and unrestricted reserve stability."
NORTHPOINT DEVELOPMENT: Gets Extension to Access Cash Collateral
----------------------------------------------------------------
Northpoint Development Holdings, LLC received another extension
from the U.S. Bankruptcy Court for the Northern District of
Illinois, Eastern Division, to use cash collateral to pay its
operating expenses.
The 10th interim order authorized the Debtor to use cash collateral
until August 8 in accordance with its budget, with a 10% variance.
Any further use of cash collateral beyond August 8 requires court
approval.
The budget shows projected total operating expenses of $67,874 for
July.
The First National Bank of Ottawa, a secured creditor, was granted
replacement liens on the cash collateral and all property acquired
by the Debtor after the petition date that is similar to its
pre-bankruptcy collateral. These replacement liens will have the
same priority and extent as the bank's pre-bankruptcy liens.
The next hearing is set for August 6.
The Debtor owns a commercial property at 1800 North Bloomington
Street, Streator, Illinois, which serves as collateral for multiple
loans from The First National Bank of Ottawa. The total amount owed
under these loans is approximately $4.37 million while the property
is valued at around $6.8 million, according to court filings.
About Northpoint Development Holdings
Northpoint Development Holdings, LLC is a single asset real estate
debtor (as defined in 11 U.S.C. Section 101(51B)). It is the fee
simple owner of real property located at 1800 North Bloomington
St., Streator, Ill., valued at $6.8 million.
Northpoint filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
24-13265) on September 9, 2024, with total assets of $6,800,000 and
total liabilities of $5,176,241. Keith Weinstein, manager of
Greystone Develpment Holdings, LLC, signed the petition.
Judge Deborah L. Thorne oversees the case.
Gregory K. Stern, Esq., at Gregory K. Stern, P.C. is the Debtor's
legal counsel.
First National Bank of Ottawa is represented by:
Cindy M. Johnson, Esq.
Johnson Legal Group, LLC
140 S. Dearborn St., Ste. 1510
Chicago, IL 60603
Tel: 312-345-1306
Email: Cjohnson@jnlegal.net
NORTIA LOGISTICS: Hires David Freydin PC as Bankruptcy Counsel
--------------------------------------------------------------
Nortia Logistics Inc. seeks approval from the U.S. Bankruptcy Court
for the Northern District of Illinois to hire the Law Offices of
David Freydin PC as its bankruptcy counsel.
The firm's services include:
(a) negotiation with creditors;
(b) preparation of a plan and financial statements; and
(c) examination and resolution of claims filed against the
estate.
The firm will be paid at these rates:
David Freydin $450 per hour
Jan Michael Hulstedt $425 per hour
Derek V. Lofland $425 per hour
Jeremy Nevel $425 per hour
The firm received a $15,000 pre-petition retainer prior to the
filing of the case.
Mr. Freydin disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David Freydin, Esq.
Law Offices of David Freydin
8707 Skokie Blvd, Suite 312
Skokie, IL 60077
Telephone: (847) 972-6157
Facsimile: (866) 897-7577
Email: david.freydin@freydinlaw.com
About Nortia Logistics Inc.
Nortia Logistics Inc. is a privately held, asset-based logistics
provider founded in 2012 and headquartered in Franklin Park, IL. It
specializes in multimodal freight transportation -- covering
full-truckload (FTL), less-than-truckload (LTL), and intermodal
services -- as well as warehousing, with operations across the U.S.
and Canada.
Nortia Logistics Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08699) on June 2,
2025. In its petition, the Debtor reports estimated assets of
$1,357,500 and total liabilities of $5,793,218.
Honorable Bankruptcy Judge Timothy A. Barnes handles the case.
The Debtors are represented by David Freydin, Esq. at LAW OFFICES
OF DAVID FREYDIN.
NV FREIGHT: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: NV Freight, Inc.
9400 S. 79th Ave., Apt. 1K
Hickory Hills, IL 60457
Business Description: NV Freight, Inc. provides long-distance
freight transportation services. The
Company operates in the trucking industry,
handling non-local cargo transport across
various regions in the United States.
Chapter 11 Petition Date: June 24, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-09610
Judge: Hon. Michael B Slade
Debtor's Counsel: Saulius Modestas, Esq.
MODESTAS LAW OFFICES, P.C.
401 S. Frontage Rd., Ste. C
Burr Ridge, IL 60527-7115
Tel: 312-251-4460
Fax: 312-277-2586
E-mail: smodestas@modestaslaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Ljiljana Milisic as president.
The Debtor failed to provide a list of its 20 largest unsecured
creditors in the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/35Z26OA/NV_Freight_Inc__ilnbke-25-09610__0001.0.pdf?mcid=tGE4TAMA
OMEGA THERAPEUTICS: Seeks to Extend Plan Exclusivity to September 8
-------------------------------------------------------------------
OMGA Liquidating, Inc. f/k/a Omega Therapeutics, Inc. asked the
U.S. Bankruptcy Court for the District of Delaware to extend its
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to September 8 and November 11, 2025,
respectively.
The Debtor explains that cause exists to extend the Exclusive
Periods for three reasons. First, the Debtor and its professionals
have made significant progress in moving the cases to a successful
completion, including spending considerable time addressing
numerous issues involving creditors and other parties in
interests.
Since the Petition Date, the Debtor has devoted significant
resources and efforts to maximizing the value of its estate by
negotiating with creditors, preparing and filing the Debtor's
schedules of assets and liabilities and statement of financial
affairs, facilitating the sale of substantially all of the Debtor's
assets, filing a combined disclosure statement and plan, and
meeting the general requirements under the chapter 11 process.
Second, while significant progress has been made and the Debtor is
approaching its Solicitation Hearing scheduled for June 17, 2025,
the Exclusive Filing Period is currently set to expire on June 10,
2025, just one week before the Solicitation Hearing and well before
the anticipated Confirmation Hearing, which the Debtor has proposed
to be held on July 30, 2025. The Debtor also projects the Plan's
Effective Date to occur shortly thereafter.
The Debtor believes it is both prudent and an efficient use of
estate resources to extend the Exclusive Periods to avoid any
potential disruption to the confirmation process or consummation of
the Plan. Extending the Exclusive Periods will ensure clarity as to
the Debtor's and other parties' rights during this critical phase
and mitigate the risk of competing plans that could derail the path
to confirmation. Allowing the Exclusive Periods to lapse now would
defeat the purpose of section 1121 and deprive the Debtor and its
creditors of the benefit of a meaningful and reasonable opportunity
to negotiate and confirm a consensual plan.
Third, creditors will not be harmed by extending exclusivity. This
is the Debtor's first motion to extend the Exclusive Periods. The
Debtor is seeking this extension out of an abundance of caution and
fully intends to reach confirmation on July 30, 2025 and go
effective shortly after. As such, the Debtor submits that creditors
will not be prejudiced by an extension of the Exclusive Periods.
Omega Therapeutics Inc. is represented by:
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
Eric D. Schwartz, Esq.
Derek C. Abbott, Esq.
Andrew R. Remming, Esq.
Daniel B. Butz, Esq.
Echo Yi Qian, Esq.
Luke Brzozowski, Esq.
1201 N. Market Street, 16th Floor
Wilmington, Delaware 19801
Telephone: (302) 658-9200
Email: eschwartz@morrisnichols.com
dabbott@morrisnichols.com
aremming@morrisnichols.com
dbutz@morrisnichols.com
eqian@morrisnichols.com
lbrzozowski@morrisnichols.com
About Omega Therapeutics
Omega Therapeutics Inc. is a biotechnology company in its
development stages, leading innovation in a novel approach to
leverage mRNA therapeutics as programmable epigenetic treatments
through its OMEGA Epigenomic Programming platform. The OMEGA
platform harnesses the power of epigenetics, the mechanism that
controls gene expression and every aspect of an organism's life
from cell genesis, growth, and differentiation to cell death. The
OMEGA platform enables control of fundamental epigenetic processes
to correct the root cause of disease by returning aberrant gene
expression to a normal range without altering native nucleic acid
sequences.
Omega Therapeutics Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10211) on February 10,
2025. In its petition, the Debtor reported total assets as of Jan.
28, 2025 amounting to $137,529,941 and total debts as of Jan. 28,
2025 of $140,421,354.
Honorable Bankruptcy Judge Brendan Linehan Shannon handles the
case.
The Debtor is represented by Derek C. Abbott, Esq., Eric D.
Schwartz, Esq., Andrew R. Remming, Esq., Daniel B. Butz, Esq.,
Jonathan M. Weyand, Esq., and Luke Brzozowski, Esq., at Morris,
Nichols, Arsht & Tunnell LLP in Wilmington, Delaware. The Debtor's
special counsel is Latham & Watkins LLP.
The Debtor tapped Triple P RTS, LLC as restructuring advisor and
Triple P Securities LLC as investment banker. The Debtor's claims
agent and administrative advisor is Kroll Restructuring
Administration LLC.
OMEGA THERAPEUTICS: Unsecureds Will Get 32% to 57% of Claims
------------------------------------------------------------
OMGA Liquidating, Inc., f/k/a Omega Therapeutics, Inc., filed with
the U.S. Bankruptcy Court for the District of Delaware a Combined
Disclosure Statement and Chapter 11 Plan of Liquidation dated June
11, 2025.
The Debtor was a development-stage biotechnology company that
pioneered a new systematic approach to use mRNA therapeutics as
programmable epigenetic medicines through its OMEGA Epigenomic
Programming platform (the "OMEGA Platform").
Founded in 2016, as of the Petition Date, Omega was a publicly
traded company with its shares listed on the Nasdaq Global Market
(ticker symbol: OMGA). Omega was and continues to be a corporation
organized under the laws of the State of Delaware. Presently, since
the post-petition asset sales, the Debtor's address is 675 VFW
Pkwy, Ste 417, Chestnut Hill, MA 02467-3656.
The Debtor filed the chapter 11 case in order to pursue a sale of
all or substantially all of its assets with the goal of maximizing
the recovery for its Estate and creditors. Prior to the Petition
Date, the Debtor and PM08-B negotiated the approximately $11.4
million DIP Financing Facility (with approximately $1.5 million as
part of the Bridge Loan to fund the Debtor into bankruptcy with an
additional $9.8 million to fund the chapter 11 case as well as the
"stalking horse" Asset Purchase Agreement, whereby PM08-B agreed to
credit bid he DIP Financing Facility in exchange for substantially
all of the Debtor's assets.
Pursuant to the Bidding Procedures Order, no competing bids other
than the Stalking Horse Bid, were received on or before the
respective bid deadlines. The Debtor, in sound exercise of its
business judgment, determined that the PM08-B's Stalking Horse Bid
was the highest and best bid for the assets and therefore the
winning proposal. On April 25, 2025, the Bankruptcy Court entered
the Sale Order. Also on April 25, 2025, the Sale closed. In
connection with the closing of the Sale, the DIP Financing Facility
was satisfied in full.
Following the sale of substantially all of the Debtor's assets to
the Purchaser, the Debtor is focused principally on winding down
its business and preserving Cash held in the Estate. This Plan
provides for the Debtor's Retained Assets to be distributed to
Holders of Allowed Claims in accordance with the terms of the
Plan.
Class 3 consists of General Unsecured Claims. Except to the extent
that the Holder of an Allowed Claim in Class 3 agrees to less
favorable treatment (or such other treatment which the Debtor (with
the consent of the Creditors' Committee), Plan Administrator, and
the Holder of such Holder of an Allowed Class 3 Claim have agreed
upon in writing), each holder of an Allowed Claim in Class 3 shall
receive, on the Effective Date, its Pro Rata Share of the General
Unsecured Claim Distribution Fund.
The allowed unsecured claims total $4,330,000 to $7,729,000. This
Class will receive a distribution of 32% to 57% of their allowed
claims.
Class 5 consists of Equity Interests. On the Effective Date, all
Equity Interests shall be cancelled and each Holder of an Equity
Interest in the Debtor shall receive no Distribution pursuant to
the Plan.
A full-text copy of the Combined Disclosure Statement and Plan
dated June 11, 2025 is available at https://urlcurt.com/u?l=dLG8KA
from Kroll Restructuring Administration LLC, claims agent.
The Debtor's Counsel:
Derek C. Abbott, Esq.
Eric D. Schwartz, Esq.
Andrew R. Remming, Esq.
Daniel B. Butz, Esq.
Jonathan M. Weyand, Esq.
Luke Brzozowski, Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 N. Market Street, 16th Floor
P.O. Box 1347
Wilmington, DE 19801
Tel: 302-351-9357
Fax: 302-658-3989
Email: dabbott@morrisnichols.com
eschwartz@morrisnichols.com
aremming@morrisnichols.com
dbutz@morrisnichols.com
jweyand@morrisnichols.com
lbrzozowski@morrisnichols.com
About Omega Therapeutics
Omega Therapeutics Inc. is a biotechnology company in its
development stages, leading innovation in a novel approach to
leverage mRNA therapeutics as programmable epigenetic treatments
through its OMEGA Epigenomic Programming platform. The OMEGA
platform harnesses the power of epigenetics, the mechanism that
controls gene expression and every aspect of an organism's life
from cell genesis, growth, and differentiation to cell death. The
OMEGA platform enables control of fundamental epigenetic processes
to correct the root cause of disease by returning aberrant gene
expression to a normal range without altering native nucleic acid
sequences.
Omega Therapeutics Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10211) on February 10,
2025. In its petition, the Debtor reported total assets as of Jan.
28, 2025 amounting to $137,529,941 and total debts as of Jan. 28,
2025 of $140,421,354.
Honorable Bankruptcy Judge Brendan Linehan Shannon handles the
case.
The Debtor is represented by Derek C. Abbott, Esq., Eric D.
Schwartz, Esq., Andrew R. Remming, Esq., Daniel B. Butz, Esq.,
Jonathan M. Weyand, Esq., and Luke Brzozowski, Esq., at Morris,
Nichols, Arsht & Tunnell LLP in Wilmington, Delaware. The Debtor's
special counsel is Latham & Watkins LLP.
The Debtor tapped Triple P RTS, LLC as restructuring advisor and
Triple P Securities LLC as investment banker. The Debtor's claims
agent and administrative advisor is Kroll Restructuring
Administration LLC.
OMIMEX PETROLEUM: 60-Day Extension for Plan Filing Granted
----------------------------------------------------------
Judge Scott Everett of the U.S. Bankruptcy Court for the Northern
District of Texas extended Omimex Petroleum, Inc.'s exclusive
period to file Chapter 11 plan and solicit acceptances thereof for
additional sixty days.
As shared by Troubled Company Reporter, the Debtor explains that
the case is complex in terms of addressing and planning for which
of the 339 wells shall continue production under a plan and which
wells shall be plugged and/or abandoned.
The Debtor claims that it has identified and has been developing a
solution that would resolve some and perhaps all of the P&A work
and liabilities without expense to the State of Colorado, with
respect to the P&A wells. Working thorough this scenario on the P&A
piece of the puzzle has required additional time for the Debtor.
The Debtor anticipates filing a plan well before the end of the
proposed 60-day extension. Omimex has a plan substantially prepared
that may require additional time, in terms of a matter of a few
days, beyond April 9, 2025 to refine and complete.
Furthermore, the proposed 60-day extension will account for
potentially scheduling a confirmation hearing beyond the 180-day
window of Section 1121(c)(3) of the Bankruptcy Code, and provide
flexibility to accommodate summertime scheduling issues.
Omimex Petroleum Inc. is represented by:
Jeff Carruth, Esq.
Weycer, Kaplan, Pulaski & Zuber, P.C.
24 Greenway Plaza, Suite 2050
Houston, TX 77046
Tel: (713) 341-1158
Fax: (713) 961-5341
E-mail: jcarruth@wkpz.com
About Omimex Petroleum
Omimex Petroleum Inc. provides energy and fertilizer services. It
focuses on the exploration, development, acquisition and operation
of oil and gas properties, and production of various fertilizers.
Omimex Petroleum serves oil and gas industry internationally.
Omimex sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 24-34018) on Dec. 10,
2024, with $1 million to $10 million in both assets and
liabilities. Christopher Chambers, sole director of Omimex, signed
the petition.
The Debtor is represented by Jeff Caruth, Esq., at Weycer, Kaplan,
Pulaski & Zuber, P.C.
ONESOURCE COMMUNITY: No Decline in Patient Care, PCO Report Says
----------------------------------------------------------------
Arthur Peabody, Jr., the court-appointed patient care ombudsman,
filed with the U.S. Bankruptcy Court for the Eastern District of
Virginia his third report regarding the quality of patient care
provided by OneSource Community Mental Health Services of Virginia,
Inc.
In the report which covers the period April 4 to June 13, the PCO
requested the Director of Compliance to select three records at
random for review in lieu of a site visit to the program that had
been planned for May 15.
Based on the review, the Ombudsman found that patients on admission
were receiving timely assessments and individualized service or
treatment plans. Service plans were periodically reviewed based on
an assessment of the patient's then current needs; plans were
maintained or updated based on the professional judgment of the
professionals assigned to the patient's treatment team.
In addition, the review indicated that plans for the discharge of
the patient were developed as early as the initial individual
service plan and prior to discharge there were notes indicating how
to support the patient on his or her return to the community. The
review also indicated that medications are likewise periodically
reviewed. The records reflected no incidents of patient injury or
adverse incidents.
The Ombudsman found no evidence of any deterioration or significant
decline in the level of care afforded to patients or that patients
were subjected to undue risks to their personal safety.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=DqFLwK from PacerMonitor.com.
The ombudsman may be reached at:
Arthur E. Peabody, Jr.
600 Cameron Street
Alexandria, VA 22314
Phone: (703) 798-1002
Email: arthurpeabody@mindspring.com
About OneSource Community Mental
Health Services of Virginia
OneSource Community Mental Health Services of Virginia, Inc. is a
full-service counseling and drug-treatment business in Richmond,
Va.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 24-34038) on October 24,
2024, with up to $1 million in assets and up to $10 million in
liabilities. Stephen A. Parson, Jr., chief executive officer,
signed the petition.
Christopher M. Winslow, Esq., at Winslow, McCurry & MacCormac ,
PLLC, represents the Debtor as legal counsel.
Arthur Peabody, Jr., is the patient care ombudsman appointed in the
Debtor's case.
OSTENDO TECHNOLOGIES: Case Summary & 20 Top Unsecured Creditors
---------------------------------------------------------------
Debtor: Ostendo Technologies, Inc.
Campus@ Warner Center
21255 Burbank Blvd.
Suite 120
Woodland Hills, CA 91367
Business Description: Ostendo Technologies, Inc. develops advanced
display and imaging technologies, including
micro-LED and quantum photonic imagers. The
Company operates in the semiconductor sector
and maintains facilities in California.
Chapter 11 Petition Date: June 24, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-11111
Judge: Hon. Victoria S Kaufman
Debtor's Counsel: Ron Bender, Esq.
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2818 La Cienega Ave.
Los Angeles, CA 90034
Tel: (310) 229-1234
Fax: (310) 229-1244
Email: rb@lnbyg.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Barak Bussel as chairman of the Board of
Directors.
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/HRH67CQ/Ostendo_Technologies_Inc__cacbke-25-11111__0001.0.pdf?mcid=tGE4TAMA
OUTLAW STEAKBURGERS: Hires CGP and Profit Builders as Accountants
-----------------------------------------------------------------
Outlaw Steakburgers, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Texas to employ CGP Group, LLC
and Profit Builders, Inc. as accountants.
The Debtor needs CGP Group and Profit Builders to provide
accounting services including, but not limited to tax preparation
and payroll services and bookkeeping, respectively.
CGP will be paid at a fixed annual fee of $3,200 with potentially
some additional work at hourly rates which range from $150 to $350
per hour.
Profit Builders will receive weekly payment amounts, which include
payroll fees and 25 percent of periodic accounting fees.
The firms represent no interest adverse to the Debtor or to the
estate on the matters upon which they are to be engaged.
The firms can be reached at:
CGP Group LLC
740 W. 2nd St. N
Wichita, KS 67203
- and -
Profit Builders, Inc.
2872 North Ridge Road, Suite 201
Wichita, KS 67205
About Outlaw Steakburgers
Outlaw Steakburgers, LLC filed Chapter 11 petition (Bankr. E.D.
Tex. Case No. 25-60236) on April 22, 2025, listing up to $500,000
in assets and up to $10 million in liabilities. Esther Yeager,
corporate representative, signed the petition.
Judge Joshua P. Searcy oversees the case.
The Debtor tapped Robert C. Lane, Esq., at The Lane Law Firm as
counsel and CGP Group, LLC and Profit Builders, Inc. as
accountants.
PARLEMENT TECHNOLOGIES: Unsecureds to Recover Up to 2% of Claims
----------------------------------------------------------------
Parlement Technologies, Inc., filed with the U.S. Bankruptcy Court
for the District of Delaware an Amended Combined Chapter 11 Plan of
Liquidation and Disclosure Statement dated June 10, 2025.
The Debtor is a privately owned corporation formed under the laws
of Delaware, on June 21, 2022, and was the parent company of the
conservative social media platform Parler. The Parler platform was
a microblogging service that was both a website and app.
The Debtor filed the Chapter 11 Case to market and sell all of the
Debtor's assets. On October 25 and October 28, 2024, pursuant to
the Bidding Procedures Order, the Debtor commenced the Auction for
the sale of the Assets. Mr. Vuong was named as the successful
bidder for the Assets, as described in the Vuong Asset Purchase
Agreement. With respect to the assets of Alchemy and Dynascale
included in Mr. Vuong's successful bid, Mr. Vuong conducted an
Article 9 foreclosure sale.
Mr. Vuong's bid consisted of $6.35 million, comprising a
combination of cash and credit applied in connection with the Vuong
Prepetition Secured Debt and Mr. Vuong's entitlements under the DIP
Facility, as set forth in the Vuong Asset Purchase Agreement. After
a successful auction and a hearing to approve the Sale, on November
1, 2024, the Bankruptcy Court entered the Order (A) Approving Asset
Purchase Agreement by and Among the Debtor, Dynascale Inc., Alchemy
Data Center, LLC and Vinh Vuong; (B) Authorizing the Sale of the
Parlement Assets to Vinh Vuong or his Designee, Free and Clear of
All Liens, Claims, Encumbrances and Interests, and (C) Granting
Related Relief. The Sale closed on November 26, 2024.
On June 10, 2025, the Debtor and Mr. Vuong entered into the Vuong
Settlement Term Sheet, a copy of which is attached hereto as
Exhibit A and incorporated into this Combined Plan and Disclosure
Statement as if fully set forth herein.
The Vuong Settlement Term Sheet memorializes the terms of the Vuong
Settlement, pursuant to which the Debtor has agreed to, among other
things, (i) allow the Remaining Vuong Prepetition Secured Claim in
the amount of $8,090,294.90; (ii) provide a release of Mr. Vuong
and his related persons or entities from any and all claims,
objections, challenges, and other causes of action that the Debtor
may have asserted against Mr. Vuong and his affiliates arising,
accruing, or existing at any time prior to the Effective Date; and
(iii) engage counsel for the Thurston and Olympic litigation
claims, which may be different counsel, acceptable to Mr. Vuong to
manage and prosecute the litigation of the Debtor's claims against
Thurston and Olympic.
The Combined Plan and Disclosure Statement is a liquidating chapter
11 plan for the Debtor. The Purchased Assets from the Sale have
been transferred from the Debtor to the Purchaser as part of
closing of the Sale. The Combined Plan and Disclosure Statement
provides that, upon the Effective Date, the Liquidating Trust
Assets will be transferred to the Liquidating Trust and the Debtor
will be dissolved. The Liquidating Trust Assets will be
administered and distributed as soon as practicable pursuant to the
terms of the Combined Plan and Disclosure Statement and Liquidating
Trust Agreement.
Holders of Miscellaneous Secured Claims (classified in Class 1) are
not Impaired and will receive, either (a) such other treatment as
may be agreed upon by any such holder of a Miscellaneous Secured
Claim, the Debtor (prior to the Effective Date), and the
Liquidation Trustee (after the Effective Date); or (b) at option of
the Debtor or the Liquidating Trustee: (i) payment in cash of the
allowed amount of such Miscellaneous Secured Claim (as determined
by settlement or order of the Bankruptcy Court), (ii) return of all
collateral secured by a valid, perfected, first-priority
unavoidable lien securing such Miscellaneous Secured Claim, or
(iii) treatment consistent with the provisions of section
1129(a)(9) of the Bankruptcy Code.
Holders of Non-Tax Priority Claims (classified in Class 3) are not
Impaired and will be paid in full in cash on the Effective Date,
the allowed amount of such claim, or receive such other treatment
as may be agreed upon by the holder of a Non-Tax Priority Claim,
the Debtor (prior to the Effective Date), and the Liquidation
Trustee (after the Effective Date).
Holders of General Unsecured Claims (classified in Class 4) are
Impaired and will receive their Pro Rata share of Liquidation Trust
Interests, net of the Remaining Vuong Prepetition Secured Claim,
Allowed Professional Fee Claims, Allowed Administrative Expense
Claims, Allowed Priority Tax Claims, Allowed Non-Tax Priority
Claims, and the administrative expenses of the Liquidating Trustee
and his professionals.
Holders of Existing Equity (classified in Class 5) are Impaired,
are deemed to reject the Combined Plan and Disclosure Statement,
and are not entitled to receive any Distribution.
Class 4 consists of the General Unsecured Claims. In full and
complete satisfaction of an Allowed General Unsecured Claim against
the Debtor, each Holder of an Allowed Class 4 General Unsecured
Claim shall receive its Pro Rata share of Liquidating Trust
Interests, net of the Remaining Prepetition Vuong Secured Claim,
Allowed Professional Fee Claims, Allowed Administrative Expense
Claims, Allowed Priority Tax Claims, Allowed Non-Tax Priority
Claims, and Liquidating Trust Expenses. Holders of General
Unsecured Claims in Class 4 are Impaired.
The allowed unsecured claims total $6,000,000 to $1,610,450,000.
This Class will receive a distribution of 0% to 2% of their allowed
claims.
The Combined Plan and Disclosure Statement and the process for
confirming the same is subject to the Debtor's and its Estate's use
of its Assets. To the extent that the Debtor or its Estate incurs
costs beyond the cash held by the Debtor, the Holders of
Administrative Expense Claims, Professional Fee Claims, Priority
Tax Claims, Remaining Vuong Prepetition Secured Claims, and Non Tax
Priority Claims may not be paid in full.
A full-text copy of the Amended Combined Plan and Disclosure
Statement dated June 10, 2025 is available at
https://urlcurt.com/u?l=0LWRL9 from PacerMonitor.com at no charge.
Parlement Technologies, Inc. is represented by:
Jeremy W. Ryan, Esq.
R. Stephen McNeill, Esq.
Sameen Rizvi, Esq.
Potter Anderson & Corroon, LLP
Hercules Plaza
1313 North Market Street, 6th Floor
P.O. Box 951
Wilmington, DE 19801
Telephone: (302) 984-6108
Email: jryan@potteranderson.com
About Parlement Technologies
Parlement Technologies, Inc., is a technology services company in
Nashville, Tenn., serving businesses and organizations of all
sizes.
Parlement Technologies filed a Chapter 11 petition (Bankr. D. Del.
Case No. 24-10755) on April 15, 2024, listing up to $50 million in
both assets and liabilities. Craig Jalbert, chief restructuring
officer, signed the petition.
Judge Craig T. Goldblatt oversees the case.
Jeremy W. Ryan, Esq., at Potter Anderson & Corroon, LLP serves as
the Debtor's bankruptcy counsel.
PRIME CAPITAL: Trustee Hires Geron Legal Advisors as Legal Counsel
------------------------------------------------------------------
Yann Geron, the trustee appointed in the Chapter 11 case of Prime
Capital Ventures, LLC, seeks approval from the U.S. Bankruptcy
Court for the Northern District of New York to employ Geron Legal
Advisors LLC as counsel.
The firm will provide these services:
(a) advise the trustee with respect to his rights, powers and
duties as trustee of the Debtor's estate in the liquidation of its
assets;
(b) attend meetings and negotiate with governmental
authorities and representatives of creditors and other parties in
interest and advise and consult on the conduct of the bankruptcy
case;
(c) take all necessary action to protect the trustee and the
Debtor's estate and preserve its estate;
(d) prepare on behalf of the trustee legal papers necessary to
the administration of the estate;
(e) assist the trustee in analysis and negotiations with any
third-party concerning matters related to the realization by
creditors of a recovery on claims and other means of realizing
value;
(f) draft plan or disclosure statement to be proposed by the
trustee;
(g) represent the trustee at all hearings and other
proceedings;
(h) assist the trustee in analysis of matters relating to the
legal rights and obligations of the Debtor with respect to various
agreements and applicable laws;
(i) review and analyze all applications, orders, statements,
and schedules filed with the Court and advise the trustee as to
their propriety;
(j) assist the trustee in preparing pleadings and applications
as may be necessary in furtherance of his and the Debtor's estate's
interests and objectives;
(k) assist and advise the trustee regarding communications to
governmental authorities and the general creditor body regarding
any proposed Chapter 11 plan or other significant matters in the
bankruptcy case;
(l) assist the trustee with respect to consideration by the
Court of any disclosure statement or plan prepared or filed
pursuant to Sections 1125 or 1121 of the bankruptcy code and take
any necessary action on behalf of the trustee and the Debtor's
estate to obtain confirmation of such plan; and
(m) perform such other legal services as may be required
and/or deemed to be in the interest of the trustee in accordance
with its powers and duties as set forth in the Bankruptcy Code.
Mr. Geron 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:
Yann Geron, Esq.
Geron Legal Advisors LLC
370 Lexington Avenue, Suite 1208
New York, NY 10017
Telephone: (646) 560-3224
Email: ygeron@geronlegaladvisors.com
About Prime Capital Ventures
Prime Capital owns a residential property located at 600 Linkhorn
Drive, Virginia Beach, VA 23451, valued at $4.02 million.
Prime Capital Ventures, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D.N.Y. Case No.
24-11029) on Sept. 16, 2024, listing $6,452,230 in assets and
$244,529,327 in liabilities. The petition was signed by Christian
H. Dribusch as manager.
Christian H. Dribusch, Esq., at Dribusch Law Firm, is the Debtor's
counsel.
Yann Geron is appointed as trustee in this Chapter 11 case. He
tapped Geron Legal Advisors LLC as bankruptcy counsel and Klestadt
Winters Jureller Southard & Stevens LLP as special litigation
counsel.
PRIME CAPITAL: Trustee Taps Klestadt Winters as Litigation Counsel
------------------------------------------------------------------
Yann Geron, the trustee appointed in the Chapter case of Prime
Capital Ventures, LLC, seeks approval from the U.S. Bankruptcy
Court for the Northern District of New York to employ Klestadt
Winters Jureller Southard & Stevens LLP as special litigation
counsel.
The firm will render thee services:
(a) investigate any potential claims and causes of action
against various recipients of transfers made by the Debtor, and
other parties which may have inappropriately damaged it and its
assets, by review of its books and records, and/or any informal or
formal discovery device;
(b) work with the trustee's general counsel, Geron Legal
Advisors LLC, in the investigation and prosecution of any claims;
(c) analyze any claims that the trustee may have against third
parties and/or equity holders, former directors or officers, or
other insiders of the Debtor as designated by the trustee, and
advise the trustee with respect to same;
(d) negotiate with the target of any claims in an effort to
reach an advantageous settlement;
(e) draft complaints seeking recovery of any claims and if
necessary, file those complaints with the court and commence
actions;
(f) conduct all discovery related activities in the actions;
(g) represent the trustee at all hearings and other
proceedings in the actions;
(h) conduct a trial of the action(s) if necessary;
(i) prosecute and/or defend any appeal from any final judgment
or order entered in the actions;
(j) prosecute the actions and otherwise take such other
actions as directed by the trustee to protect his and the estate's
rights and interests in any claim(s), action(s) and case; and
(k) represent the trustee in any other matter or action as
directed where he believes such matter or action falls under the
umbrella of litigation.
The hourly rates of the firm's counsel and staff are as follows:
Fred Stevens, Esq. $875
Partners $750 - $995
Associates $495 - $595
Paralegals $275
In addition, the firm will seek reimbursement for expenses
incurred.
Fred Stevens, Esq., a partner at Klestadt Winters Jureller Southard
& Stevens, 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:
Fred Stevens, Esq.
Klestadt Winters Jureller Southard & Stevens LLP
200 West 41st Street, 17th Floor
New York, NY 10036
Telephone: (212) 972-3000
Facsimile: (212) 972-2245
Email: fstevens@klestadt.com
About Prime Capital Ventures
Prime Capital owns a residential property located at 600 Linkhorn
Drive, Virginia Beach, VA 23451, valued at $4.02 million.
Prime Capital Ventures, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D.N.Y. Case No.
24-11029) on Sept. 16, 2024, listing $6,452,230 in assets and
$244,529,327 in liabilities. The petition was signed by Christian
H. Dribusch as manager.
Christian H. Dribusch, Esq., at Dribusch Law Firm, is the Debtor's
counsel.
Yann Geron is appointed as trustee in this Chapter 11 case. He
tapped Geron Legal Advisors LLC as bankruptcy counsel and Klestadt
Winters Jureller Southard & Stevens LLP as special litigation
counsel.
PRIMERO SPINE: Unsecureds to Get $8K per Quarter over 60 Months
---------------------------------------------------------------
Primero Spine and Joint, LLC, filed with the U.S. Bankruptcy Court
for the Middle District of Florida a Chapter 11 Plan of
Reorganization dated June 11, 2025.
The Debtor primarily operates from a medical office in
Jacksonville, Florida. It provides chiropractic services and
therapy.
This Plan provides for one classes of Secured claims and one class
of unsecured claims. Unsecured creditors holding allowed claims
will receive distribution under this Plan as determined by Section
1129(a)(15) and pursuant to this Plan. This Plan also provides for
the payment of administrative and priority claims either upon the
effective date of the Plan, as agreed or as allowed under the
Bankruptcy Code.
Class 6 consists of Unsecured Claims. The Debtor will pay this
class at $7,874.88 per quarter over 60 months.
* Consensual Plan Treatment: The liquidation value or amount
that unsecured creditors would receive in a hypothetical chapter 7
case is $0.00. However, the Debtor is proposing to pay these
creditors at 100%. Payments shall commence on the fifteenth day of
the month, on the first month that begins after the Effective Date.
Pursuant to Section 1191 of the Bankruptcy Code, the value to be
distributed to unsecured creditors is greater than the Debtor's
projected disposable income to be received in the 5-year period
beginning on the date that the first payment is due under the
Plan.
* Nonconsensual Plan Treatment: The liquidation value or
amount that unsecured creditors would receive in a hypothetical
chapter 7 case is $0.00. If the Debtor remains in possession, plan
payments shall include the Subchapter V Trustee's administrative
fee which will be billed hourly at the Subchapter V Trustee's then
current allowable blended rate, which shall not exceed the
Disposable Income. Plan Payments shall commence on the fifteenth
day of the month, on the first month that is thirty days after the
Effective Date and shall continue quarterly payments for 60
months.
The Debtor will retain all property of the estate and such property
shall re-vest in the Debtor at discharge. Thereafter, the Debtor
may use, acquire and dispose of their property free of any
restrictions of the Bankruptcy Code, the Bankruptcy Rules, and the
Bankruptcy Court. As of the effective date of this Plan, all
property retained by the Debtors and sold shall be free and clear
of any and all liens and interests except as specifically provided
in the Plan or the order confirming the Plan.
A full-text copy of the Plan of Reorganization dated June 11, 2025
is available at https://urlcurt.com/u?l=8GUWRP from
PacerMonitor.com at no charge.
Counsel for the Debtor:
PARKER & DUFRESNE, P.A.
Donald M. DuFresne, Esq.
8777 San Jose Blvd., Suite 301
Jacksonville, FL 32217
Telephone: (904) 733-7766
Email: dufresne@pdlawcenter.com
About Primero Spine and Joint
Primero Spine and Joint, LLC primarily operates from a medical
office in Jacksonville, Florida.
The Debtor filed Chapter 11 bankruptcy petition (Bankr. M.D. Fla.
Case No. 25-01017) on April 1, 2025, listing between $100,001 and
$500,000 in assets and between $500,001 and $1 million in
liabilities. Jerrett McConnell, Esq., at McConnell Law Group,
P.A., serves as Subchapter V trustee.
Judge Jacob A. Brown oversees the case.
The Debtor tapped Donald M. DuFresne, Esq., at Parker & DuFresne,
P.A., as legal counsel and William G. Haeberle, CPA, LLC, as
accountant.
PROFESSIONAL MAIL: Seeks Chapter 11 Bankruptcy in North Carolina
----------------------------------------------------------------
On June 23, 2025, Professional Mail Services Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
North Carolina. According to court filing, the
Debtor reports $7,299,380 in debt owed to 200 and 999
creditors. The petition states funds will be available to unsecured
creditors.
About Professional Mail Services Inc.
Professional Mail Services Inc. provides billing, printing, and
mailing services, offering end-to-end solutions that include First
Class mail, direct mail, offset printing, fulfillment, and
high-speed laser printing. The company serves clients across
various industries and integrates technology with in-house
programming to support document management and customer service
needs.
Professional Mail Services Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-02371) on
June 23, 2025. In its petition, the Debtor reports total assets of
$1,412,148 and total liabilities of $7,299,380.
Honorable Bankruptcy Judge Pamela W. Mcafee handles the case.
The Debtors are represented by Danny Bradford, Esq. at PAUL D.
BRADFORD, PLLC
QT HAU: Court Extends Cash Collateral Access to July 31
-------------------------------------------------------
The U.S. Bankruptcy Court for the District of Maryland, Baltimore
Division extended QT Hau, LLC's authority to use cash collateral
from June 30 to July 31.
The court's order authorized the Debtor to utilize the cash
collateral of its secured creditor, Open Bank, to pay the expenses
set forth in its budget.
The budget projects total monthly expenses of $29,846.42.
As protection for any diminution in the value of its collateral,
Open Bank was granted a first priority security interest in and
lien on all property acquired by the Debtor after its bankruptcy
filing. This replacement lien does not apply to any Chapter 5
causes of action.
As additional protection, the Debtor was ordered to pay Open Bank
the sum of $24,456.48 by July 15. The payment, which represents
10.25% contractual non-default interest, will be applied against
interest due under the loan.
The Debtor's authority to access cash collateral terminates on July
31 or upon occurrence of so-called events of default, whichever
comes first.
Events of default include the Debtor's failure to comply with the
order and cure the default; conversion of the Debtor's Chapter 11
case to one under Chapter 7; appointment of a trustee; and entry of
an order vacating or reversing the cash collateral order.
The next hearing is scheduled for July 23.
The Debtor is indebted to Open Bank under a promissory note dated
December 10, 2021, in the original principal amount of $2,975,000.
Payment of the note is secured by a first priority lien on the
Debtor's real property in Baltimore, Maryland. The rents generated
with respect to the property constitute cash collateral.
Open Bank claims that as of May 29, there is due under the note
principal of $2,863,198.46, interest of $477,475.96, late charges
of $28,360.02, delinquent real estate taxes advanced by the bank of
$106,868.72, and other fees of $1,026.63.
Open Bank is represented by:
Owen Hare, Esq.
Cohn, Goldberg & Deutsch, LLC
1099 Winterson Road, Suite 301
Linthicum Heights, MD 21090
(410) 296-2550
ohare@cgd-law.com
About QT Hau LLC
QT Hau, LLC is a single-asset real estate debtor, as defined in 11
U.S.C. Section 101(51B).
QT Hau sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr.) on May 29, 2025. In its petition, the Debtor reported
between $1 million and $10 million in assets and liabilities.
The Debtor is represented by David S. Musgrave, Esq., at Gordon
Feinblatt, LLC.
QT HAU: Seeks to Hire Century 21 Commercial as Real Estate Broker
-----------------------------------------------------------------
QT Hau LLC seeks approval from the U.S. Bankruptcy Court for the
District of Maryland to hire Century 21 Commercial New Millenium as
real estate broker.
The firm will market and sell the Debtor's real property located at
3226-3240 Greenmount Avenue, Baltimore, Maryland 21218.
The firm's services include:
a. preparing and implementing a marketing plan to sell the
property;
b. conducting a sale or auction process for the property, if
necessary;
c. representing the Debtor in and negotiating the sale of the
property;
d. providing testimony or other evidence for the Debtor in
support of any relief sought by the Debtor from the Bankruptcy
Court in connection with the sale of the property;
e. assisting the Debtor and its counsel in the documentation
of sale transactions involving the property; and
f. reporting periodically to the Debtor regarding the status
of the project.
Century 21 will receive a commission equal to three percent of the
gross sales price of the property.
Century 21 is a disinterested person with respect to the services
that are proposed to be rendered for and on behalf of the
bankruptcy estate, according to court filings.
The firm can be reached through:
Stephen Karbelk
CENTURY 21 Commercial New Millennium
6631 Old Dominion Drive
McLean, VA 22101
Phone: (571) 481-1037
Email: stephen.karbelk@c21nm.com
About QT Hau LLC
QT Hau LLC is a single-asset real estate debtor, as defined in 11
U.S.C. Section 101(51B).
QT Hau LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr.) on May 29, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
The Debtors are represented by David S. Musgrave, Esq. at GORDON
FEINBLATT LLC.
QXC COMMUNICATIONS: Seeks to Use $27,271 in Cash Collateral
-----------------------------------------------------------
QXC Communications, Inc. asked the U.S. Bankruptcy Court for the
Southern District of Florida, West Palm Beach Division, for
authority to use $27,271 in cash collateral.
The Debtor requires the use of cash collateral to pay unsecured
pre-bankruptcy tax claims owed to the Florida Department of
Revenue. The payment is necessary to obtain a tax clearance
certificate required to close an $11 million court-approved asset
sale to Hotwire Communications, Ltd., the winning bidder at a
public auction held on June 6.
The sale proceeds will primarily benefit secured creditors who are
expected to receive over $9.3 million. The failure to pay the tax
claims could jeopardize the sale closing.
The Debtor argued that the use of cash collateral is justified
under Section 363 of the Bankruptcy Code because it protects
secured creditors' interests, and the payment of the taxes is
supported by the "necessity of payment" doctrine, given its
importance to the successful closing of the sale.
The Debtor has already secured partial consent from some creditors
and seeks the court's approval to proceed with the payment to avoid
losing the sale and harming creditor recoveries.
The Debtor had earlier obtained a court order extending its
authority to use cash collateral until July 8 to pay the expenses
set forth in its budget.
The court's fourth interim order issued on June 18 granted lenders
post-petition liens on cash collateral and all other assets
(excluding avoidance actions) acquired by the Debtor after the
petition date, with the same extent, validity and priority as their
pre-bankruptcy liens.
About QXC Communications Inc.
QXC Communications, Inc. specializes in designing and deploying
fiber-optic networks that offer high-speed internet, WiFi, HD TV,
and VoIP voice services. It caters to a range of clients,
residential communities, military bases, businesses, and outdoor
venues. The company uses AON (Active Optical Network) technology to
ensure the highest quality connectivity with minimal
interruptions.
QXC Communications sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12256) on February
28, 2025, listing $11,677,760 in assets and $13,912,001 in
liabilities. John Von Stein, chief executive officer of QXC
Communications, signed the petition.
Judge Mindy A. Mora oversees the case.
John E. Page, Esq., at Shraiberg Page PA, represents the Debtor as
legal counsel.
RESHAPE LIFESCIENCES: Raises $2.6M via Public Stock Offering
------------------------------------------------------------
ReShape Lifesciences Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
entered into a Placement Agency Agreement with Maxim Group LLC,
pursuant to which the Company agreed to issue and sell to certain
investors 1,054,604 shares of the Company's common stock, par value
$0.001 per share at a price of $2.50 per share. The offering closed
on June 9, 2025.
The offering was made pursuant to an effective shelf registration
statement on Form S-3 (File No. 333-287168), previously filed with
the U.S. Securities and Exchange Commission on May 9, 2025 and
subsequently declared effective by the SEC on May 14, 2025. A
preliminary prospectus supplement and accompanying prospectus
relating to the offering and describing the terms thereof has been
filed with the SEC and forms a part of the effective registration
statement and is available on the SEC's website at
http://www.sec.govor from Maxim Group LLC, 300 Park Avenue, 16th
Floor, New York, NY 10022, at (212) 895-3745.
The gross proceeds from the offering were approximately $2.6
million, before deducting the placement agent fees and offering
expenses. The Company intends to use the net proceeds from the
offering for general corporate purposes, including expenses related
to the Company's previously announced proposed merger with Vyome
Therapeutics, Inc. and sale of substantially all of the Company's
assets to Ninjour Health International Limited.
The Company's exclusive placement agent in connection with the
offering, Maxim Group LLC, received a cash fee equal to up to 7.0%
of the gross proceeds received by the Company from the sale of the
Common Stock in the offering, as well as reimbursement for certain
expenses, and warrants to purchase up to 52,730 shares of Common
Stock, which is equal to 5.0% of the aggregate amount of shares of
Common Stock issued in the offering, at an exercise price of $2.75
per share.
About Reshape Lifesciences
Headquartered in Irvine, California, Reshape Lifesciences Inc. --
www.reshapelifesciences.com -- is a premier physician-led
weight-loss solutions company, offering an integrated portfolio of
proven products and services that manage and treat obesity and
associated metabolic disease. The Company's primary operations are
in the following geographical areas: United States, Australia and
certain European and Middle Eastern countries. Its current
portfolio includes the Lap-Band Adjustable Gastric Banding System,
the Obalon Balloon System, and the Diabetes Bloc-Stim
Neuromodulation device, a technology under development as a new
treatment for type 2 diabetes mellitus. There has been no revenue
recorded for the Obalon Balloon System, or the Diabetes Bloc-Stim
Neuromodulation as these products are still in the development
stage.
In its report dated April 4, 2025, the Company's auditor Haskell &
White LLP, issued 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 and negative cash flows. The Company currently does not
generate revenue sufficient to offset operating costs and
anticipates such shortfalls to continue. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, Reshape Lifesciences had $4.79 million in
total assets, $5.05 million in total liabilities, and a total
stockholders' deficit of $253,000.
RGN-GROUP: Teachers Insurance Appeal Can't Proceed to Mediation
---------------------------------------------------------------
The Honorable Jennifer L. Hall of the United States District Court
for the District of Delaware accepted Magistrate Judge Laura D.
Hatcher's recommendation that the case captioned as TEACHERS
INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, Appellant, v.
RGN-GROUP HOLDINGS, LLC, et al., Appellees, Case No.
24-cv-01305-JLH (D. Del.) be withdrawn from the mandatory referral
for mediation and proceed through the appellate process of this
Court.
Briefing on this bankruptcy appeal shall proceed in accordance with
the following schedule:
1. Appellant's brief in support of the appeal is due on or
before July 11,
2025.
2. Appellees' brief in opposition to the appeal is due on or
before Aug. 11, 2025.
3. Appellant's reply brief is due on or before Aug. 25, 2025.
A copy of the Court's Order dated June 11, 2025, is available at
https://urlcurt.com/u?l=w1W83G from PacerMonitor.com.
About RGN-Group Holdings
Headquartered in Chertsey, UK, Regus Group Plc was founded by CEO
Mark Dixon in 1989 and is the world's largest provider of serviced
offices and videoconferencing facilities. Following the
acquisition of HQ Global Workplaces in 2004, it runs a network of
approximately 80,000 workstations in 55 countries around the
world.
RGN-Group Holdings, LLC and its affiliates are primarily engaged in
renting and leasing real estate properties in the U.S.
On Aug. 17, 2020, RGN-Group Holdings and and other U.S. affiliates
of Regus Group sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Del. Lead Case No. 20-11961). At the time of the
filing, RGN-Group Holdings disclosed total assets of $1,005,956,000
and total liabilities of $946,016,000.
Judge Brendan Linehan Shannon presided over the Chapter 11 cases.
The Debtors tapped Faegre Drinker Biddle & Reath LLP as their
bankruptcy counsel, AlixPartners as financial advisor, Duff &
Phelps LLC as restructuring advisor, and Epiq Corporate
Restructuring LLC as claims and noticing agent.
* * *
RGN-Group and its affiliates won court approval of their bankruptcy
plan in August 2021, allowing the company to keep operating in most
of its approximately 1,000 North American locations. Parent
company Regus was slated to provide a $163.5 million exit loan and
contribute $2.25 million to landlords and another $1.5 million to
pay other creditors.
SAKS GLOBAL: In Talks to Secure $600MM Fresh Debt as Payment Looms
------------------------------------------------------------------
Reshmi Basu, Eliza Ronalds-Hannon, Jill R. Shah of Bloomberg News
report that Saks Global Enterprises is in advanced talks to raise
additional funding as it faces its first interest payment on the
debt used to acquire Neiman Marcus Group.
According to sources familiar with the matter, the luxury retailer
is negotiating with some holders of its $2.2 billion in senior
secured bonds to secure up to $600 million in new financing. While
the discussions are well underway, the deal has not yet been
finalized, the sources said.
About Saks Global Enterprises
Saks Global Enterprises operates as an investment and wealth
management company. The Company invests in a set of stocks that are
associated with historically high dividend payments to their
shareholders. Saks Global Enterprises serves clients worldwide.
SANCTUARYSPA INC: Seeks to Tap Michael Jay Berger as Legal Counsel
------------------------------------------------------------------
Sanctuaryspa Inc. seeks approval from the U.S. Bankruptcy Court for
the Central District of California to employ the Law Offices of
Michael Jay Berger as counsel.
The firm will provide these services:
(a) communicate with creditors of the Debtor;
(b) review the Debtor's Chapter 11 bankruptcy petition and all
supporting schedules;
(c) advise the Debtor of its legal rights and obligations in a
bankruptcy proceeding;
(d) work to bring the Debtor into full compliance with
reporting requirements of the Office of the United States Trustee;
(e) prepare status reports as required by the court; and
(f) respond to any motions filed in the Debtor's bankruptcy
proceeding.
The firm will be paid at these hourly rates:
Michael Jay Berger, Partner $695
Sofya Davtyan, Partner $645
Angela Gill, Senior Associate $595
Robert Poteete, Associate $475
Senior Paralegals $275
Paralegals $200
The firm received a retainer of $25,000 plus $1,738 filing fee from
the Debtor.
Mr. Berger disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Michael Jay Berger, Esq.
Law Offices of Michael Jay Berger
9454 Wilshire Blvd., 6th Floor
Beverly Hills, CA 90212
Telephone: (310) 271-6223
Facsimile: (310) 271-9805
Email: Michael.Berger@bankruptcypower.com
About Sanctuaryspa Inc.
Sanctuaryspa Inc. 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.
Sanctuaryspa Inc. sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14964) on
June 12, 2025. In its petition, the Debtor reports total assets of
$50,397 and total liabilities of $1,032,222.
The Debtor is represented by the Law Offices of Michael Jay Berger.
SEABORNE AIRLINES: Seeks Court OK for 'Going Concern' Sale
----------------------------------------------------------
Janeka Simon of The Virgin Islands Consortium reports that Seaborne
Airlines is seeking court approval to begin an auction process,
according to a motion filed this week in its bankruptcy case.
The company warned in the filing that without immediate
authorization to pursue a sale, "Seaborne Virgin Islands, Inc. will
be irreparably harmed," and requested a hearing to consider the
proposal, the report related. Seaborne is aiming for a
going-concern sale to keep its operations running. A similar
strategy by its sister airline, Silver Airways, fell through after
the carrier ran out of operating funds. Seaborne says a quick
auction -- targeted for July 1 -- followed by a timely sale is
crucial to avoid a similar collapse.
A stalking horse bidder, STK I US LLC, has offered $200,000 in cash
and agreed to take on approximately $625,000 in post-bankruptcy
debt. Competing bidders must match the bid, add at least $100,000
in cash, and include a breakup fee of 3% of the offer, ranging from
$27,750 to $60,000. Bidding increments are set at $50,000,
according to The Virgin Islands Consortium.
Seaborne noted it had reached out to more than 30 potential buyers
for a joint Seaborne-Silver sale and to 15 others for a standalone
Seaborne deal. The airline received five offers -- two were
disqualified for failing to submit a deposit, one lacked a draft
purchase agreement, and another was only interested in the
company's commercial assets. The remaining offer became the
stalking horse bid, but Seaborne said discussions with other
interested parties are ongoing, the report states.
Phil Lambrechts, Seaborne's Executive Director of Operations,
voiced optimism in an email to the Consortium, stating that unlike
the failed Silver Airways bid, the current buyer has committed to
covering payroll and regular operating expenses, supporting
uninterrupted service.
He also noted that the stalking horse bidder has agreed to waive
standard closing conditions to help ensure a smooth transition away
from Silver dependency. Lambrechts added that further talks are
planned to understand the bidder's long-term vision for Seaborne.
About Seaborne Airlines
Seaborne Airlines provides passenger air transportation services.
The Company offers car rental, airport, and letter and freight
services. Seaborne Airlines serves customers in Puerto Rico.
SILVER AIRWAYS: Court Pauses Trustee Appointment, Auction Proceeds
------------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that on
Thursday, June 26, 2025, a Florida bankruptcy judge temporarily
halted his order to appoint a trustee in Silver Airways' Chapter 11
case after being informed that a trustee could not be installed in
time to manage the auction of the airline's remaining assets before
it runs out of cash.
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: Seeks to Tap Cavanagh Law Firm as Bankruptcy Counsel
-------------------------------------------------------------------
Skyskopes, Inc. seeks approval from the U.S. Bankruptcy Court for
the District of Arizona to employ The Cavanagh Law Firm, PA as
counsel.
The firm will provide these services:
(a) assist the Debtor in all matters associated with its
Chapter 11 bankruptcy proceeding;
(b) represent the Debtor in all hearings before the Bankruptcy
Court; and
(c) negotiate and resolve all issues related to the Debtor's
Chapter 11 proceeding.
The firm will be paid at these hourly rates:
Partners $395 - $600
Associates $300 - $400
Paralegals $125 - $245
Randy Nussbaum, Esq., an attorney at The Cavanagh Law Firm,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Randy Nussbaum, Esq.
The Cavanagh Law Firm, PA
1850 North Central Avenue, Suite 1900
Phoenix, AZ 85004
Telephone: (602) 322-4000
Facsimile: (602) 322-4100
Email: rnussbaum@cavanaghlaw.com
About SkySkopes Inc.
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.
SkySkopes Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-05420) on June 13,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Daniel P. Collins handles the case.
The Debtor is represented by Randy Nussbaum, Esq., at Cavanagh Law
Firm, PA.
SLM SERVICES: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: SLM Services, LLC
DBA Northeast Horticultural Services
25 Radel Street
Bridgeport, CT 06607
Business Description: Northeast Horticultural Services, operated
by SLM Services, LLC, provides tree care and
organic landscaping services in Fairfield
County, Connecticut, including Fairfield,
Weston, and Westport. The Company offers
plant health care, tree removal, landscape
design, and organic lawn care, with a focus
on environmentally friendly practices. It
serves both residential and commercial
clients.
Chapter 11 Petition Date: June 24, 2025
Court: United States Bankruptcy Court
District of Connecticut
Case No.: 25-50514
Debtor's Counsel: Jeffrey Hellman, Esq.
LAW OFFICES OF JEFFREY HELLMAN, LLC
195 Church Street, 10th Floor
New Haven, CT 06510
Tel: 203-691-8762
Fax: 203-823-4401
Email: jeff@jeffhellmanlaw.com
Total Assets: $2,855,436
Total Liabilities: $1,054,349
The petition was signed by Stacey Marcell as member/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/HRKHOMQ/SLM_Services_LLC__ctbke-25-50514__0001.0.pdf?mcid=tGE4TAMA
SOLANO HOME: Seeks to Tap Peter G. Macaluso as Bankruptcy Counsel
-----------------------------------------------------------------
Solano Home Solutions LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of California to hire Law Offices of
Peter G. Macaluso as general insolvency counsel
The firm's services include:
a. consulting with Debtor concerning its present financial
situation, Debtor's realistic achievable goals, and the efficacy of
various forms of bankruptcy as a means to achieve its goals;
b. preparing the documents necessary to commence the
bankruptcy case;
c. advising Debtor concerning its duties as
debtor-in-possession in a Chapter 11 case;
d. identifying, prosecuting, and defending claims and cause of
actions by or against the estate;
e. preparing applications, motions, answers, briefs, records,
reports, notices, proposed orders, and other papers in connection
with administration of the estate, including the formulation of the
Chapter 11 plan, drafting the plan, and prosecuting legal
proceedings to seal confirmation of the plan;
f. if necessary, preparing and prosecuting such pleadings as
complaints to avoid preferential transfers or transfers deemed
fraudulent as to creditors, motions for authority to borrow money,
sell property, or compromise claims and objections to claims;
g. taking all necessary action to protect and preserve the
estate, and all other legal services requested.
The firm estimates that fees of $25,000 will be incurred throughout
the life of the plan.
Peter Macaluso, Esq., an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Peter G. Macaluso, Esq.
Law Offices of Peter G. Macaluso
7230 South Land Park Drive #127
Sacramento, CA 95831
Telephone: (916) 392-6591
Facsimile: (916) 392-6590
About Solano Home Solutions LLC
Solano Home Solutions LLC is a real estate company classified as a
single-asset real estate Debtor.
Solano Home Solutions LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-22931) on June
12, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Christopher D. Jaime handles the case.
The Debtor is represented by Peter G. Macaluso, Esq. at LAW OFFICE
OF PETER G. MACALUSO.
SOLANO HOME: Seeks to Use Cash Collateral Thru Aug 15
-----------------------------------------------------
Solano Home Solutions, LLC asked the U.S. Bankruptcy Court for the
Eastern District of California, Sacramento Division, for authority
to use cash collateral, on an interim basis, through August 15.
The Debtor argued that immediate use of cash collateral is
essential to pay necessary expenses such as insurance, utilities,
property taxes, and janitorial services for its Airbnb business.
The total cash collateral available includes $6 in hand, $1,814 on
deposit, and $12,000 in accounts receivable, for a total of
$13,820. The Debtor intends to use $10,452 on a revolving basis,
including $5,637 for a secured creditor payment to John Carl &
Carol J. Bender, along with monthly operating expenses.
The four secured creditors with interests in the cash collateral
are the Bender Family Trust, San Joaquin County Tax Collector,
Percy T. Kilmsch, and Catherine Fox.
The Debtor maintains that these creditors are adequately protected
by a significant equity cushion, noting that its total assets are
valued at approximately $4.95 million while secured debt
obligations total only about $1.56 million.
As further adequate protection, the Debtor will grant replacement
liens and affirms that it has been unable to secure alternative
financing through unsecured or secured credit.
The underlying cause of the bankruptcy includes unpaid property
taxes and mortgage arrears resulting from COVID-19 disruptions, and
a pending fraud lawsuit related to undisclosed property damage
caused by a prior owner.
A hearing on the matter is set for July 15.
About Solano Home Solutions
Solano Home Solutions, LLC is a real estate company classified as a
single-asset real estate Debtor.
Solano Home Solutions sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Calif. Case No. 25-22931) on June 12,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Judge Christopher D. Jaime handles the case.
The Debtor is represented by Peter G. Macaluso, Esq., at the Law
Office of Peter G. Macaluso.
SOUTH JEFFERSON: Alomari, et al. Case Remanded to State Court
-------------------------------------------------------------
Judge Debra M. Brown of the United States District Court for the
Northern District of Mississippi granted the plaintiffs' motion to
remand the case captioned as AKEED ALOMARI and MOHAMED ALQAIFI,
PLAINTIFFS V. SOUTH JEFFERSON APARTMENTS, LLC, DEFENDANT, CASE NO.
4:24-CV-81-DMB-JMV (N.D. Miss.) to the Circuit Court of Montgomery
County, Mississippi. The motion to dismiss is denied as moot.
On Nov. 3, 2023, Akeed Alomari and Mohamed Alqaifi filed a
complaint in the Circuit Court of Montgomery County, Mississippi,
against South Jefferson Apartments, LLC. Alleging they sold real
property to South Jefferson and South Jefferson failed to fulfill
its obligations under the installment promissory note and
associated land deed of trust, the plaintiffs demand $190,000 for
delinquent payments and insurance coverage, plus any and all costs
of collection, attorneys fees and interest at the contract rate,
until paid.
On Aug. 30, 2024, South Jefferson removed the case to the United
States District Court for the Northern District of Mississippi:
(1) pursuant to 28 U.S.C. Sec. 1367 based on allegations that it
filed its Chapter 11, Subchapter V bankruptcy case on June 2, 2024,
in the Southern District of Mississippi and this case constitutes a
core matter pertaining to property of the bankruptcy estate; and
(2) pursuant to 28 U.S.C. Sec. 1332(a) based on allegations that
this case disputes a sum greater than $75,000.00 and all the
parties thereto are acknowledged residents and citizens of the
State of Mississippi.
After the plaintiffs filed a motion to remand, South Jefferson
failed to respond to the motion to remand, failed to file the state
court record as required by local rule, and failed to comply with
the Court's order to file the state court record. The plaintiffs
then filed a motion for dismissal and remand.
In seeking remand, the plaintiffs argue South Jefferson's removal
was improper because:
(1) diversity jurisdiction under 28 U.S.C. Sec. 1332 does not
exist since, based on South Jefferson's own admission, all the
parties are acknowledged residents and citizens of the State of
Mississippi; and
(2) this case is not core to South Jefferson's bankruptcy
proceeding and is not sufficiently related to the bankruptcy
proceeding.
The Court finds this case clearly is not a core proceeding. The
plaintiffs' claims -- breach of the installment promissory note and
breach of the deed of trust -- are all based on state law.
According to the Court, none of the plaintiffs' claims invoke a
substantive right created by a federal bankruptcy statute or
federal bankruptcy law.
As for related-to bankruptcy jurisdiction, South Jefferson's notice
of removal does not allege this case is related to its bankruptcy
proceeding. And because South Jefferson failed to respond to the
motion to remand, it does not even attempt to negate the
plaintiffs' argument that this case is not sufficiently related to
its bankruptcy case. This Court declines to address a basis for
jurisdiction that South Jefferson does not raise in its notice of
removal, especially since South Jefferson has taken no action to
challenge the motion to remand. The Court concludes South
Jefferson's bankruptcy filing presents no cause to evade the remand
of this case.
The Court finds South Jefferson's failure to file the state court
record warrants remand too. While failure to comply with removal
procedures is not a jurisdictional basis to remand a case because
the failure can be cured, South Jefferson has been given multiple
opportunities to comply with Local Rule 5(b) but has not done so.
A copy of the Court's Order dated June 23, 2025, is available at
https://urlcurt.com/u?l=pvccSa from PacerMonitor.com.
About South Jefferson Apartments
South Jefferson Apartments, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Miss. Case No. 24-01282)
on June 2, 2024. In the petition signed by Faisal Alsabahi,
managing member, the Debtor disclosed up to $1 million in assets
and up to $500,000 in liabilities.
Judge Jamie A. Wilson presides over the case.
C. Gaines Baker & Associates, LLC, is the Debtor's legal counsel.
SOYUZ MEDIA: Plan Exclusivity Period Extended to July 6
-------------------------------------------------------
Judge Jil Mazer-Marino of the U.S. Bankruptcy Court for the Eastern
District of New York extended Soyuz Media Inc.'s exclusive periods
to file a plan of reorganization and obtain acceptance thereof to
July 6 and September 5, 2025, respectively.
As shared by Troubled Company Reporter, this is the Debtor's first
request for an extension of the exclusivity periods. It is
self-evident that the Debtor is not seeking these extensions to
artificially delay the conclusion of this chapter 11 case or to
hold creditors hostage to an unsatisfactory plan proposal. The
Debtor simply needs time to reorganize its business operations, to
reach an agreement with the U.S. Small Business Administrative, to
obtain Court approval for the settlement terms and to file a
feasible plan of reorganization and disclosure statement, offering
treatment to the creditors of the estate.
The Debtor explains that an extension of the Exclusive Periods will
give the company a reasonable opportunity to negotiate and obtain
confirmation of a consensual plan with its creditors. Further, the
Debtor needs the requested extended period in order for all parties
to file their respective claims within the deadlines to be
established by the Court and for the Debtor to review said claims
once filed.
The Debtor claims that the requested extensions of the exclusivity
period to file a plan and disclosure statement will not harm any
economic stakeholder. Rather, the time will be used to negotiate a
resolution of claims filed in this case, in order to propose
feasible plan and disclosure statement.
Soyuz Media Inc. is represented by:
Alla Kachan, Esq.
Law Offices of Alla Kachan, PC
2799 Coey Island Avenue, Suite 202
Brooklyn, NY 11235
Telephone: (718) 513-3145
About Soyuz Media Inc.
Soyuz Media Inc. sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40074) on January
7, 2025, listing up to $50,000 in assets and $100,001 to $500,000
in liabilities.
Judge Nancy Hershey Lord presides over the case.
Alla Kachan, Esq. at Law Offices Of Alla Kachan P.C. is the
Debtor's counsel.
STELLA SIOMKOS: Court Won't Stay Turnover Order Pending Appeal
--------------------------------------------------------------
Judge Dale E. Ho of the United States District Court for the
Southern District of New York denied the appeal by Stella Siomkos
from the Oct. 24, 2024 order converting her Chapter 11 case (Case
No. 24-10619) to Chapter 7.
Before the Court is Siomkos's motion for emergency relief related
to a recent order of the Bankruptcy Court compelling Siomkos to
turn over her apartment to the Chapter 7 Trustee.
The Court concludes that Siomkos has not shown that she faces
irreparable injury that would be prevented by a stay pending
appeal.
Siomkos has not shown that she will be unable to find another place
to live. According to the Court, any economic injury from having to
move is not irreparable because it can be compensated by money
damages, which would include the price of rent plus moving
expenses.
Although the Court is sympathetic to her situation, it is not clear
that any relief this Court can order would prevent Siomkos from
ultimately having to sell her apartment. Even the Chapter 11
reorganization plan she previously proposed included the sale of
the apartment.
The Court finds Siomkos has also not shown a substantial
possibility that she will prevail on appeal, which ultimately
requires her to demonstrate that the Bankruptcy Court abused its
discretion in converting the case to Chapter 7.
A copy of the Court's Order dated June 11, 2025, is available at
https://urlcurt.com/u?l=jL0KUb from PacerMonitor.com.
Stella Siomkos filed for Chapter 11 bankruptcy protection (Bankr.
S.D.N.Y. Case No. 24-10619) on April 11, 2024, listing under $1
million in both assets and liabilities. The Debtor is represented
by Karamvir Dahiya, Esq.
On October 27, 2024, the Court converted the case to Chapter 7.
STERNE WOOD: Seeks to Tap Marcus & Millichap as Real Estate Broker
------------------------------------------------------------------
Sterne Wood, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of California to employ Marcus & Millichap
Real Estate Investment Services as real estate broker.
The Debtor needs a broker to sell its properties located at:
(a) 3967-3969 8th Avenue, San Diego,
(b) 3973 8th Avenue, San Diego; and
(c) 3975-3977 8th Avenue, San Diego.
The broker will receive a commission of 4 percent of the
properties' purchase price.
Aaron Bove Burns, a real estate agent at Marcus & Millichap,
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:
Aaron Bove Burns
Marcus & Millichap
12544 High Bluff Drive, Suite 100
San Diego, CA 92130
Telephone: (858) 373-3100
About Sterne Wood LLC
Sterne Wood LLC is a limited liability company in San Diego,
California.
Sterne Wood sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Cal. Case No. 25-01945) on May 13, 2025. In its
petition, the Debtor reported up to $50,000 in assets and between
$1 million and $10 million in liabilities.
Judge J. Barrett Marum oversees the case.
The Debtor is represented by the Law Office of Donald W. Reid.
STOLI GROUP: Gets Court OK to Solicit Chapter 11 Plan Votes
-----------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that on
Tuesday, June 24, 2025, a Texas bankruptcy judge conditionally
approved Stoli Group USA’s Chapter 11 disclosure statement,
clearing the way for the vodka maker's U.S. arm to begin soliciting
creditor votes on its reorganization plan following a settlement
with unsecured creditors.
About Stoli Group (USA) LLC
Stoli Group (USA), LLC is a producer, manager, and distributor of a
global portfolio of spirits and wines.
Stoli Group (USA) and Kentucky Owl, LLC filed Chapter 11 petitions
(Bankr. N.D. Texas Lead Case No. 24-80146) on November 27, 2024. At
the time of the filing, Stoli Group (USA) reported $100 million to
$500 million in assets and $10 million to $50 million in
liabilities while Kentucky Owl reported $50 million to $100 million
in assets and $50,000,001 to $100 million in liabilities.
Judge Scott W. Everett handles the cases.
Holland N. O'Neil, Esq., at Foley & Lardner, LLP is the Debtor's
legal counsel.
Fifth Third Bank, N.A., as lender, is represented by Brent
McIlwain, Esq. and Christopher A. Bailey, Esq. at Holland & Knight,
LLP and Jeremy M. Downs, Esq. and Steven J. Wickman, Esq. at
Goldberg Kohn, Ltd.
TECHNO TOY: Unsecureds Will Get 5% of Claims over 60 Months
-----------------------------------------------------------
Techno Toy Tuning LLC filed with the U.S. Bankruptcy Court for the
Eastern District of California a Plan of Reorganization for Small
Business under Subchapter V.
One of the largest in California, the Debtor owns, operates, and
manufactures automotive performance parts for vintage Japanese
sports cars. Debtor also offers powder coating for steel, cast
iron, and aluminum.
The Debtor filed the instant case to try to reorganize a burdensome
debt load. Mr. Walter Dahl has been appointed as Subchapter V
Trustee. Debtor intends to continue operations of the subject
business if the Plan is confirmed. The Debtor commenced its Chapter
11 Subchapter V bankruptcy case on May 10, 2025.
Sixty-month repayment plans at reasonable interest rates work
perfectly (as proposed) to allow the Debtor to continue operations
and sustain its business. Through reorganizing, all creditors'
claims will be addressed, the business will keep its doors open
with the goal of restoring itself to its previously successful
state of operating free from unmanageable debt.
Class 2 consists of General Unsecured Claims. Class 2 General
Unsecured Creditors will receive a pro-rata share of a fund
totaling 5% of $2,181,975.35= $109,098.77 (i.e., $1,818.31 per
month over a 60-month period). Pro-rata means the entire amount of
the claim divided by the entire amount owed to Class 2 creditors
with allowed claims in this class.
Disbursements commence on the 1st day of the month after the
Effective Date of the Plan and continue the first day of the month
for 60 months. Disbursements in this class are estimated at
$1,818.31 per month total and the breakdown of each class claimant
and the amount they will likely receive is attached. Creditors in
Class 2 may not take any collection action against Debtor so long
as Debtor is not in material default under the Plan. This class is
impaired.
The sole member, Gabriel Tyler, retains 100% equity in the
reorganized Debtor.
The Plan will be funded from the continued operation of Debtor's
business. This Exhibit 4 shows that the Debtor expects to generate
approximately $11,000.00 per month in net income, which will be
used to fund Plan payments.
A full-text copy of the Plan of Reorganization dated June 10, 2025
is available at https://urlcurt.com/u?l=VXkzlf from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Arasto Farsad, Esq.
Nancy Weng, Esq.
Farsad Law Office, P.C.
1625 The Alameda, Suite 525
San Jose CA 95126
Tel: (408) 641-9966
Fax: (408) 866-7334
Email: farsadlaw1@gmail.com
About Techno Toy Tuning LLC
Techno Toy Tuning LLC designs and manufactures performance parts
for vintage and classic cars, specializing in modifications for
brands such as Toyota, Datsun/Nissan, Mazda, Mitsubishi, Lotus,
BMW, Chevrolet, and Ford. Founded by a pair of automotive
enthusiasts, the Company initially began with a custom short shift
kit for an AE86 Corolla, which led to the creation of the brand.
Over time, Techno Toy Tuning's products have evolved through
customer feedback, with many parts developed in response to
requests from dedicated car enthusiasts working on rare or obscure
vehicles.
Techno Toy Tuning LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-22317)
on May 10, 2025. In its petition, the Debtor reports total assets
of $398,243 and total liabilities of $2,538,539.
Honorable Bankruptcy Judge Christopher M. Klein handles the case.
The Debtors are represented by Arasto Farsad, Esq. at FARSAD LAW
OFFICE, P.C.
TEHUM CARE: Ch. 11 Can't Protect Spinoff from Suits, Say Inmates
----------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that the current
and former Maryland prison inmates have urged a Texas bankruptcy
judge to rule that the Chapter 11 plan of prison healthcare
provider Tehum Care Services does not prevent them from pursuing
lawsuits against a company that was spun off before Tehum filed for
bankruptcy.
About Tehum Care Services
Tehum Care Services Inc., doing business as Corizon Health Services
Inc., is a privately held prison healthcare contractor in the
United States. It is based in Brentwood, Tenn.
Tehum Care Services filed a petition for relief under Chapter 11 of
the Bankruptcy Code (Bankr. S.D. Tex. Case No. 23-90086) on Feb.
13, 2023. In the petition filed by Russell A. Perry, as chief
restructuring officer, the Debtor reported assets between $1
million and $10 million and liabilities between $10 million and $50
million.
Judge Christopher M. Lopez oversees the case.
The Debtor tapped Gray Reed & McGraw, LLP as bankruptcy counsel;
Bradley Arant Boult Cummings, LLP, as special litigation counsel;
and Ankura Consulting Group, LLC, as financial advisor. Russell A.
Perry, senior managing director at Ankura, serves as the Debtor's
chief restructuring officer. Kurtzman Carson Consultants, LLC, is
the claims, noticing and solicitation agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
Stinson, LLP and Dundon Advisers, LLC, serve as the committee's
legal counsel and financial advisor, respectively.
TOWER HEALTH: Fitch Affirms 'CCC' LongTerm IDR
----------------------------------------------
Fitch Ratings has affirmed Tower Health System, PA's Long-Term
Issuer Default Rating (IDR) at 'CCC'.
Fitch has also affirmed the following bonds issued by, or on behalf
of, Tower at 'CCC':
- $32.51 million of The Berks County Municipal Authority (Reading
Hospital & Medical Center Project) series 2012A bonds;
- $46.16 million of The Berks County Industrial Development
Authority revenue bonds series 2017 bonds;
- $325,000 of The Berks County Municipal Authority fixed rate
revenue bonds series 2020A bonds;
- $760,000 of The Berks County Municipal Authority fixed rate
revenue put bonds combined series 2020B-2 and 2020B-3 bonds;
- $3.203 million of Tower Health taxable fixed rate revenue bonds
series 2020.
Fitch does not typically assign Rating Outlooks to 'CCC' category
ratings.
Tower Health has approximately $1.245 billion in various unrated
2024 series of debt after a debt exchange on most of their prior
2020 series of debt.
Entity/Debt Rating Prior
----------- ------ -----
Tower Health (PA) LT IDR CCC Affirmed CCC
Tower Health
(PA) /General
Revenues/1 LT LT CCC Affirmed CCC
Tower's 'CCC' rating primarily reflects its still-weak, albeit
improved, unrestricted liquidity position. Unrestricted liquidity
rose to $212.3 million based on unaudited results for the nine
months ending March 31, 2025. This led to a better, although still
weak, cash-to-total debt ratio of 13.6%, and 39.4 days' cash on
hand (DCOH) as calculated by Fitch).
Fiscal 2024 cash flow results were positive for the first time in
several years, with an operating loss of $17.8 million, and an
operating EBITDA margin of 5.0%. This was a significant improvement
from fiscal 2023, which saw an operating loss of $182.1 million and
a negative 3.3% operating EBITDA margin.
Tower's operating margin was marginally positive through the first
three quarters of fiscal 2025 at $4.2 million, which translated to
a 6.5% operating EBITDA margin.
There was a significant debt structure change in 2024, with Tower
negotiating with a majority of bondholders (approximately 92%) to
exchange its outstanding debt.
In exchange for additional liquidity of approximately $125 million
in net proceeds, Tower agreed to several terms as part of a new
bond issuance. These include:
- Relief from prior mandatory bond redemptions: $65 million due in
February 2025, $82 million in 2027, and $73 million in 2029,
extending through 2034.
- A lien on substantially all of Tower's real estate and other
assets.
- New financial covenants with quarterly Days Cash on Hand (DCOH)
and Debt Service Coverage Ratio (DSCR) tests.
- An excess cash flow sweep mechanism activated when DCOH exceeds
60 days. The sweep mechanism cannot force DCOH below 60 days, which
will be used to pay down Tower's debt.
New financial covenants include quarterly DSCR tests (1.0x),
starting the fourth full quarter post-transaction, and quarterly
DCOH test (30 days). A first violation of either covenant requires
a meeting with bond trustees, a second violation is an event of
default, but only if on either of the subsequent two tests.
Financial covenants on the various series 2024 debt are measured
system wide, not only on the original obligated group entity. The
DSCR definition permits certain one-time/non-recurring event
add-backs. The cash sweep mechanism is structured such that 75% of
the excess cash flow sweep will repay the 2024A-1 bonds (new money)
until the DSCR is greater than 2.25x, then 50% thereafter. Then 50%
of the excess cash flow sweep will repay the 2024B bonds until the
DSCR is greater than 3.0x.
The small number of bondholders that either could not be found, or
that did not wish to participate, have their pro-rata debt still in
place, under the original legal structure.
Fitch views the additional flexibility provided by the bond-holder
transaction as favorable. Fitch believes Tower has gained
additional time to keep improving recent financial results until it
can further solidify operations and rebuild absolute unrestricted
liquidity levels.
SECURITY
The rated 2020 and prior bonds are secured by a pledge of gross
revenues of the obligated group (OG). The OG consists of Tower,
Reading Hospital, Phoenixville Hospital and Pottstown Hospital. The
OG does not include St. Christopher's Hospital for Children or the
Tower Health Medical Group. All Tower debt is fixed-rate.
KEY RATING DRIVERS
Revenue Defensibility - 'bbb'
Solid Inpatient Market Share
Tower's revenue defensibility remains mid-range and reflects their
leading inpatient market share in its primary service area (PSA) of
Reading, PA, of around 68%, which is focused on the Reading and
422-corridor. A demographically strong population in the immediate
service area has only moderate levels of Medicaid and self-pay
payor mix of around 20.2% in 2024, below Fitch's threshold of 25%
and consistent with the prior year. Fitch believes there is no
threat of payor mix deterioration in the near term.
Operating Risk - 'b'
Multiple Years of Operational Losses; Signs of Improvement YTD
Tower's operating risk profile assessment still remains very weak,
despite recent significant improvement, based on the system's
negative operating income levels for the seventh year in a row,
including fiscal 2024 year-end results. Financial disruption over
the last several years was due to initial integration difficulties
from acquired CHS hospitals, pandemic-related affects, and to
volume and staffing challenges affecting the industry.
However, third-quarter results through March 31, 2025, indicate
Tower Health has achieved break-even operating income levels, with
an operational gain of approximately $4.2 million. This built on
fiscal 2024's financial results with just a loss of $17.5 million.
Tower is now cash flow positive for the first time in several
years, with further improvement expected in subsequent fiscal
years.
In addition to the debt exchange with bondholders, Tower Health has
entered into a significant partnership with Ensemble Health
Partners, a healthcare revenue cycle management company,
outsourcing revenue cycle operations to Ensemble. Tower Health
expects the Ensemble partnership to improve net patient revenues,
improve annual operating expenses, and aid in cash build-up
acceleration.
Given operational challenges in recent years, Tower's capital
spending requirements have been curtailed, even as average age of
plant has risen to a very high 24.5 years as of fiscal 2024. Fitch
expects capital spending to be approximately $50 million for the
near term. This is enough to cover spending for necessary capital
(e.g., break/fix related) and routine needs. Fitch expects that
capital spending needs will continue to grow and that the average
age of plant will rise, because deferred capital needs will
ultimately need to be addressed. As operations improve, Tower will
likely slowly but steadily increase spending above $60 million per
year and address near-term capital needs.
Financial Profile - 'b'
Light Liquidity Position Remains Weak; Future Debt Issuance
Expected
Tower's leverage and liquidity positions while weak, have
marginally improved, and remain comparable to DCOH and estimated
cash to total debt metrics incorporated into Fitch's last review.
Tower has approximately $1.56 billion of total debt outstanding at
audited FYE 2023, which includes long-term bond debt, short-term
notes and operating leases. At FYE 2024, the system's unrestricted
cash fell to $162.6.5 million from $207.4 million the prior year
(and $342.1 million in 2022), resulting in cash to total debt
falling to 9.7%. DCOH, as measured by Fitch, was at 31 days at FYE
2024.
Unrestricted liquidity has improved thus far in fiscal 2025YTD,
with $212.3 million in unrestricted liquidity, equal to 39.4 DCOH
and 13.6% cash to debt. Tower's long-term rating will likely stay
in the lower "below investment grade" rating categories until
liquidity reserves are at least partially restored and stabilized,
or until a proven track record of improved operations is
established.
Fitch's base case scenario analysis is its best estimate of the
most likely scenario of financial performance over the next five
years given current operating performance expectations in the
current economic climate. Fitch does not perform a stress case
scenario analysis on credits in this rating category. Fitch expects
that Tower will have an improved 50 DCOH (or slightly higher) in
fiscal 2027, incorporating the bondholder debt exchange, and
incorporating additional operational improvements.
Further growth of DCOH and cash to total debt is limited due to the
'cash sweep' mechanism, which is an integral part of the bondholder
debt exchange.
Asymmetric Additional Risk Considerations
There are no additional asymmetric risk considerations not already
factored into this rating.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to generally remain in line with articulated future
operational expectations with continued year over year improvement
in operating income levels.
- Although not likely, any balance sheet dilution beyond what is
currently anticipated could result in negative rating action.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- A sustained operating improvement, with a sustained operating
EBITDA margin of 5% or greater.
- Improved balance sheet metrics (e.g., cash to total rises above
40%); although material improvement in cash to total debt and/or
DCOH will be limited over the near-term due to the cash sweep put
into place with 2024 debt transaction.
PROFILE
Tower Health currently consists of three fully owned acute care
hospitals including Tower Health's flagship in Reading, PA,
Phoenixville Hospital and Pottstown Hospital along the
422-corridor. Tower had approximately $2.0 billion in total
revenues in fiscal 2024.
Sources of Information
In addition to the sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
data from DIVER by Solve.
ESG Considerations
Tower Health (PA) has an ESG Relevance Score of '4' for Management
Strategy due to due to its current inability to secure operations
above break-even levels, which has a negative impact on the credit
profile, and is relevant to the ratings in conjunction with other
factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
TRAINSET'S EFFECTS: Claims to be Paid from Continued Operations
---------------------------------------------------------------
Trainset's Effects, LLC, filed with the U.S. Bankruptcy Court for
the Western District of North Carolina a Plan of Reorganization
dated June 10, 2025.
The Debtor is a North Carolina limited liability corporation formed
on May 26, 2020. The sole member and manager of the Debtor is
Steven Curtis. The Debtor has headquarters in Cleveland County, NC,
at the residence of Curtis.
The business of the Debtor consists of lot clearing, small grading
jobs, and sale of dirt. The only full time worker is Curtis. As
other persons are needed to operate machinery, they are engaged as
independent contractors.
Class 5 consists of all Allowed General Unsecured Claims. These
Claims shall be treated as unsecured obligations of the Reorganized
Debtor. Subject to payment of Claims of higher priority, if any,
each holder of an Allowed General Unsecured Claim shall be paid its
pro rata share of the Reorganized Debtor's remaining PDI, based
upon and not to exceed the Allowed Amount of such Claim as of the
petition date, in six semi-annual installments. Each such
installment shall be paid commencing in July of calendar ear 2026,
and each 6 months thereafter, until a total of 6 payments have been
made. Class 5 is impaired by the Plan.
Class 6 consists of the Equity Interests in the Debtor. All Equity
Interests in the Debtor held prior to the petition date shall be
retained by the Debtor's member as equity interests in the
Reorganized Debtor.
Distributions to Creditors will be funded from revenues generated
during the Debtor's post-petition operations and the Reorganized
Debtor's post-confirmation PDI.
A full-text copy of the Plan of Reorganization dated June 10, 2025
is available at https://urlcurt.com/u?l=IJCHyY from
PacerMonitor.com at no charge.
Attorney for the Debtor:
R. KEITH JOHNSON, P.A.
R. Keith Johnson, Esq.
1275 S NC 16 Business Hwy
Stanley, NC 28164
Telephone: (704) 827-4200
Facsimile: (704) 827-4477
About Trainset's Effects
Trainset's Effects, LLC filed a Chapter 11 petition (Bankr.
W.D.N.C. Case No. 25-40009) on Jan. 23, 2025, listing up to $50,000
in assets and up to $500,000 in liabilities. Steven Lane Curtis,
manager of Trainset's Effects, signed the petition. Judge George
R. Hodges oversees the case. The Law Offices of R. Keith Johnson,
P.A., is the Debtor's bankruptcy counsel.
TWIN CITIES: Seeks to Hire Darlene Burke CPA PA as Accountant
-------------------------------------------------------------
Twin Cities Family Practice, P.A. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Florida to hire
Darlene Burke CPA PA as accountant.
The firm will be paid at these rates:
(a) an hourly rate of $ 90 is charged for general ledger
maintenance, and preparation of Chapter 11 monthly operating
reports, and payroll;
(b) an annual fee of $850 is charged in the preparation and
filing of federal and state (if applicable) annual tax returns;
and
(c) an hourly rate of $90 per case is to be charged for any
Worker's Compensation audits that may happen.
Darlene Burke CPA PA is a "disinterested person" as the term is
defined in 11 USC 101(14), according to court filings.
The firm can be reached through:
Darlene Burke, CPA
Darlene Burke CPA PA
1005 W College Blvd., Suite A
Niceville, FL 32578
About Twin Cities Family Practice, P.A.
Twin Cities Family Practice, P.A. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Fla.
Case No. 25-30539) on June 10, 2025, listing $50,001 to $100,000 in
assets and $500,001 to $1 million in liabilities.
Judge Karen K Specie presides over the case.
Jeffrey Ainsworth, Esq. at Bransonlaw, PLLC represents the Debtor
as counsel.
VEGAS TREASURES: Seeks Subchapter V Bankruptcy in Nevada
--------------------------------------------------------
On June 23, 2025, Vegas Treasures Inc. filed Chapter 11 protection
in the U.S. Bankruptcy Court for the District of Nevada. 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 Vegas Treasures Inc.
Vegas Treasures Inc., doing business as Paymon's Fresh Kitchen &
Lounge, operates a restaurant and lounge in Las Vegas, Nevada. The
Company offers international cuisine with vegan, vegetarian, and
gluten-free options, emphasizing health-conscious ingredients. It
also runs a lounge known for its cocktails, entertainment, and
community-focused atmosphere.
Vegas Treasures Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 25-13582) on
June 23, 2025. In its petition, the Debtor reports estimated
assets between $1 million and $10 million.
Honorable Bankruptcy Judge Natalie M. Cox handles the case.
The Debtors are represented by Zachariah Larson, Esq. at LARSON &
ZIRZOW, LLC.
VINCENT GALLO: Seeks to Hire Eugene D. Roth as Bankruptcy Counsel
-----------------------------------------------------------------
Vincent Gallo & Sons, Inc. seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey to hire the Law Office Of
Eugene D. Roth, as counsel to the Debtor.
The Debtor requires Eugene D. Roth to:
a. advise the Debtor as to its rights and obligations as a
Debtor-in-Possession;
b. appear for the Debtor-in-Possession before the Court when
required; and
c. assist in formulating and filing a plan of reorganization and
to negotiate with creditors.
Eugene D. Roth will be paid at these hourly rates:
Attorneys $525
Associates $350
Legal Assistants $115
Eugene D. Roth will be paid a retainer in the amount of $7,500.
Eugene D. Roth will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Eugene D. Roth, Esq., a partner of the Law Office Of Eugene D.
Roth, 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.
Eugene D. Roth can be reached at:
Eugene D. Roth, Esq.
LAW OFFICE OF EUGENE D. ROTH
2520 Highway 35, Ste. 307
Manasquan, NJ 08736
Tel: (732) 292-9288
About Vincent Gallo & Sons
Vincent Gallo & Sons, Inc. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-15384) on May
20, 2025, listing between $100,001 and $500,000 in assets and up to
$50,000 in liabilities.
Judge Stacey L. Meisel presides over the case.
Eugene D. Roth, Esq., at the Law Office of Eugene D. Roth
represents the Debtor as bankruptcy counsel.
WHITESTONE CROSSING: Taps Abhijit Modak and James Miller as Counsel
-------------------------------------------------------------------
Whitestone Crossing Austin LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Texas to employ
Abhijit Modak, Esq., and James Miller, Esq., attorneys practicing
in Tex., to handle its Chapter 11 case.
The attorneys will be paid based on their hourly rates, plus
reimbursement for expenses incurred.
Mr. Modak and Mr. Miller disclosed in a court filing that they are
"disinterested persons" as the term is defined in Section 101(14)
of the Bankruptcy Code.
The attorneys can be reached at:
Abhijit Modak, Esq.
21227 Albany Park Lane
Spring, TX 77379
Telephone: (281) 802-1900
Facsimile: (281) 205-8117
Email: ovmodaklaw@gmail.com
- and -
James H. Miller, Esq.
4265 San Felipe, Suite 1030
P.O. Box 540848
Houston, TX 77027
About Whitestone Crossing Austin
Whitestone Crossing Austin LLC operates Whitestone Crossing, an
apartment community located in Cedar Park, Texas. The property
offers one- and two-bedroom units featuring modern amenities such
as 9-foot ceilings, fiber-ready internet, and in-home washers and
dryers. The community also provides facilities including a swimming
pool, clubhouse, and fitness center.
Whitestone Crossing Austin LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-31768) on
May 12, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $10 million and $50 million.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Abhijit Modak, Esq., and James H.
Miller, Esq.
WINTHROP STREET: Seeks to Hire Murphy & King as Bankruptcy Counsel
------------------------------------------------------------------
Winthrop Street - Morra Solar, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Massachusetts to employ Murphy
& King, Professional Corporation as counsel.
The firm will render these services:
(a) advise the Debtor with respect to any plan of
reorganization and any other matters relevant to the formulation
and negotiation of a plan or plans of reorganization in this
Chapter 11 case;
(b) represent the Debtor at all hearings and matters
pertaining to its affairs, assets and operations;
(c) prepare, on the Debtor's behalf, all necessary and
appropriate legal documents, and review all financial and other
reports filed in this case;
(d) advise the Debtor with respect to, and assist in the
negotiation and documentation of, financing agreements, debt and
related transactions;
(e) advise the Debtor regarding its ability to initiate
actions to collect and recover property for the benefit of its
estate;
(f) advise the Debtor concerning executory contract and
unexpired lease assumptions, lease assignments, rejections,
restructurings and recharacterization of contracts and leases;
(g) review and analyze the claims of the Debtor's creditors,
the treatment of such claims and the preparation, filing or
prosecution of any objections to claims;
(h) commence and conduct any and all litigation necessary or
appropriate to assert rights held by the Debtor, protect assets of
its Chapter 11 estate or otherwise further the goal of effectuating
the successful completion of this case; and
(i) perform all other legal services and provide all other
necessary legal advice to the Debtor as may be necessary in this
bankruptcy case.
The firm will be paid based upon its normal and usual hourly
billing rates, and will seek reimbursement for expenses incurred.
As of the petition date, the firm held a retainer balance from the
Debtor in the amount of $16,766.50.
D. Ethan Jeffrey, Esq., a shareholder at Murphy & King, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
D. Ethan Jeffrey, Esq.
Murphy & King, Professional Corporation
28 State Street, Suite 3101
Boston, MA 02109
Telephone: (617) 423-0400
Facsimile: (617) 423-0498
Email: ejeffery@murphyking.com
About Winthrop Street - Morra Solar
Winthrop Street - Morra Solar LLC is a limited liability company.
Winthrop Street - Morra Solar sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11014) on May 18,
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 Christopher J. Panos handles the case.
The Debtor is represented by D. Ethan Jeffery, Esq., at Murphy &
King, Professional Corporation.
WOODBURY LEADERSHIP: S&P Rates 2025A/B Lease Revenue Bonds 'BB-'
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' long-term rating to the City
of Woodbury, Minn.'s $14.095 million series 2025A and series 2025B
lease revenue bonds, issued for the Woodbury Leadership Academy
(WLA) through its affiliate, Friends of WLA.
At the same time, S&P Global Ratings affirmed its 'BB-' long-term
rating on the city's series 2021 charter school lease revenue
bonds.
The outlook is stable.
S&P said, "We analyzed WLA's environmental, social, and governance
factors and consider them neutral in our credit rating analysis.
"The stable outlook reflects our expectation that WLA will hit
enrollment targets over the outlook period such that it generates
at least breakeven operations and stabilizes lease-adjusted maximum
annual debt service (MADS) coverage, while maintaining current
liquidity levels.
"We could consider a negative rating action should management fail
to execute its expansion, such that the academy does not reach its
enrollment target, or if there is a significant deterioration in
operations and lease-adjusted MADS coverage or deviations from
projected operations. We could also consider a negative rating
action if cash materially declines or if covenant violations
occur.
"A positive rating action is unlikely during the one-year outlook
period, given WLA's highly leveraged position. However, we could
consider one over time if the academy is able to establish its high
school facility, meet its growth targets, and strengthen
lease-adjusted MADS coverage and cash to levels comparable with
those of higher-rated peers and medians."
WYNN RESORTS: Extends Debt Maturities to 2030, Adds $500M Revolver
------------------------------------------------------------------
Wynn Resorts, Limited disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that Wynn Resorts Finance,
LLC, an indirect wholly owned subsidiary of the Company, and
certain of its subsidiaries entered into an amendment to the credit
agreement dated as of September 20, 2019, as amended by Amendment
No. 1, dated as of April 10, 2020, Amendment No. 2, dated as of
November 27, 2020, Amendment No. 3 dated as of May 17, 2023 and
Amendment No. 4, dated as of September 16, 2024 (as further
amended, restated, amended and restated, replaced, supplemented, or
otherwise modified prior to giving effect to the amendments
contemplated by the Credit Agreement Amendment, the "Existing
Credit Agreement" and, after giving effect to the amendments
contemplated by the Credit Agreement Amendment, the "Credit
Agreement"), among Deutsche Bank AG New York Branch, as
administrative agent and collateral agent, and the lenders party
thereto.
The Credit Agreement Amendment amends the Existing Credit Agreement
to, among other things:
(i) extend the final maturity date with respect to all or a
portion of the Extended Term A Facility Loans (as defined in the
Credit Agreement) to June 12, 2030;
(ii) extend the termination date with respect to all or a
portion of the existing Extended Revolving Commitments and the
maturity date with respect to the corresponding Extended Revolving
Loans (as defined in the Credit Agreement) to June 12, 2030 and
(iii) obtain $500 million in incremental extended revolving
commitments with a stated maturity date of June 12, 2030.
The foregoing description of the Credit Agreement Amendment is
qualified in its entirety by reference to the full text of the
Credit Agreement Amendment and Exhibit A thereto, which are filed
as Exhibits in the 8-K Report: https://tinyurl.com/ycynwku4
About Wynn Resorts Ltd.
Headquartered in Las Vegas, Nevada, Wynn Resorts, Limited owns and
operates hotels and casino resorts.
As of December 31, 2024, Wynn Resorts had $12.98 billion in total
assets, $13.95 billion in total liabilities, and a total
stockholders' deficit of $968.60 million.
* * *
Egan-Jones Ratings Company on January 14, 2025, maintained its
'CCC+' foreign currency and local currency senior unsecured ratings
on debt issued by Wynn Resorts.
YELLOW CORP: Fights Pension Withdrawal Ruling w/ MFN at 3rd Circuit
-------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that Yellow Corp.
and its largest shareholder, MFN Partners LP, are urging the U.S.
Court of Appeals for the Third Circuit to overturn a bankruptcy
court ruling they say is based on inflated pension withdrawal
liability estimates.
During oral arguments Wednesday, June 25, 2025, attorneys for the
bankrupt trucking company and MFN argued that the
calculation—potentially amounting to billions—is significantly
overstated.
The appeal challenges how withdrawal liability is determined,
particularly in cases where pension plans have received special
financial assistance. Yellow and MFN filed the appeal together, the
report states.
About Yellow Corporation
Yellow Corporation -- http://www.myyellow.com/-- operates
logistics and less-than-truckload (LTL) networks in North America,
providing customers with regional, national, and international
shipping services throughout. Yellow's principal office is in
Nashville, Tenn., and is the holding company for a portfolio of LTL
brands including Holland, New Penn, Reddaway, and YRC Freight, as
well as the logistics company Yellow Logistics.
Yellow Corporation and 23 affiliates concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 23-11069) on August 6, 2023, before
the Hon. Craig T. Goldblatt. As of March 31, 2023, Yellow
Corporation had $2,152,200,000 in total assets against
$2,588,800,000 in total liabilities. The petitions were signed by
Matthew A. Doheny as chief restructuring officer.
The Debtors tapped Kirkland & Ellis, LLP as restructuring counsel;
Pachulski Stang Ziehl & Jones, LLP as Delaware local counsel;
Kasowitz, Benson and Torres, LLP as special litigation counsel;
Goodmans, LLP as special Canadian counsel; Ducera Partners, LLC, as
investment banker; and Alvarez and Marsal as financial advisor.
Epiq Bankruptcy Solutions is the claims and noticing agent.
Milbank LLP serves as counsel to certain investment funds and
accounts managed by affiliates of Apollo Capital Management, L.P.
while White & Case, LLP and Arnold & Porter Kaye Scholer, LLP serve
as counsels to Beal Bank USA and the U.S. Department of the
Treasury, respectively.
On Aug. 16, 2023, the U.S. Trustee for Region 3 appointed an
official committee of unsecured creditors in the Chapter 11 cases.
The committee tapped Akin Gump Strauss Hauer & Feld, LLP and
Benesch, Friedlander, Coplan & Aronoff, LLP as counsels; Miller
Buckfire as investment banker; and Huron Consulting Services, LLC,
as financial advisor.
ZEN JV LLC: CareerBuilder + Monster in Chapter 11 to Sell Sites
---------------------------------------------------------------
Zen JV, LLC, operator of platforms and related digital media
services through brands such as CareerBuilder, Monster, Fastweb,
and Military.com, sought Chapter 11 protection with deals to sell
its key assets.
Purchase Price Asset to Be Sold
-------------- ----------------
$22,500,000 Valnet US Inc. is buying the Debtors'
Monster Media Properties business, which
is comprised of www.military.com and
www.fastweb.com.
$6,000,000 Valsoft Corporation, Inc., is buying the
Debtors' Monster Government Services
business, which provides human capital
management software services to state and
federal governments.
$7,000,000 JobGet Inc. is purchasing the Debtors'
CareerBuilder + Monster job board business.
The deals with the purchasers are "stalking horse" bids that are
subject to competitive bidding in sale process to be approved by
the Bankruptcy Court. The Debtors have proposed a July 15, 2025
deadline for initial bids by other parties, and an auction, if
necessary, on July 17.
Zen JV only had $2.2 million in cash as of the bankruptcy filing.
It's negotiating DIP financing of up to $20 million that would
allow it to complete the sale process in 35 days. The Debtors do
not believe that a lengthier marketing process will yield higher or
better bids.
About Zen JV LLC
Zen JV, LLC, operates online employment platforms and related
digital media services through brands such as CareerBuilder,
Monster, Fastweb, and Military.com. The Company also provides
human capital software solutions to government agencies via Monster
Government Services.
On June 24, 2025, Zen JV, LLC and 9 affiliates sought Chapter 11
protection (Bankr. D. Del. Lead Case No. 25-11195) with deals to
sell key assets to three parties.
Latham & Watkins LLP and Richards, Layton & Finger, P.A., are
counsel to the Debtors. AlixPartners, LLP, is the Debtors'
financial advisor, and PJT Partners LP is the investment banker.
Omni Agent Solutions is the claims agent.
Duane Morris LLP is advising buyer JobGet. Stoel Rives LLP is
advising purchaser Valnet. Proskauer Rose LLP is advising
purchaser Valsoft.
ZEN JV: Case Summary & 30 Largest Unsecured Creditors
-----------------------------------------------------
Lead Debtor: Zen JV, LLC
200 N. LaSalle Street
#900
Chicago, IL 60601
Business Description: Zen JV, LLC operates online employment
platforms and related digital media services
through brands such as CareerBuilder,
Monster, Fastweb, and Military.com. The
Company also provides human capital software
solutions to government agencies via Monster
Government Services.
Chapter 11 Petition Date: June 24, 2025
Court: United States Bankruptcy Court
District of Delaware
Ten affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Zen JV, LLC (Lead Case) 25-11195
Monster Worldwide LLC 25-11196
Military Advantage, LLC 25-11204
FastWeb, LLC 25-11197
Monster Government Solutions, LLC 25-11198
Camaro Acquisition, LLC 25-11199
CareerBuilder, LLC 25-11200
CareerBuilder France Holding LLC 25-11203
CareerBuilder Government Solutions LLC 25-11201
Luceo Solutions, LLC 25-11202
Judge: Hon. J Kate Stickles
Debtors'
Bankruptcy
Counsel: Zachary I. Shapiro, Esq.
Daniel J. DeFranceschi, Esq.
Huiqi Liu, Esq.
Clint M. Carlisle, Esq.
Colin A. Meehan, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square, 920 North King Street
Wilmington DE 19801
Tel: (302) 651-7700
Fax: (302) 651-7701
Email: shapiro@rlf.com
defranceschi@rlf.com
liu@rlf.com
carlisle@rlf.com
meehan@rlf.com
Debtors'
Bankruptcy
Co-Counsel: Ray C. Schrock, Esq.
Candace M. Arthur, Esq.
LATHAM & WATKINS LLP
1271 Avenue of the Americas
New York, New York 10020
Tel: (212) 906-1200
Fax: (212) 751-4864
Email: ray.schrock@lw.com
candace.arthur@lw.com
- and -
Jonathan C. Gordon, Esq.
330 North Wabash Avenue, Suite 2800
Chicago, Illinois 60611
Tel: (312) 876-7700
Fax: (312) 993-9767
Email: jonathan.gordon@lw.com
Debtors'
Financial
Advisor: ALIXPARTNERS, LLP
Debtors'
Investment
Banker: PJT PARTNERS LP
Debtors'
Claims,
Noticing &
Solicitation
Agent: OMNI AGENT SOLUTIONS
Estimated Assets
(on a consolidated basis): $50 million to $100 million
Estimated Liabilities
(on a consolidated basis): $100 million to $500 million
The petitions were signed by Jeff Furman as chief executive
officer.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/5TEGRRY/Zen_JV_LLC__debke-25-11195__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. JOBVERSE INC. Marketing $2,731,559
1913 Championship
Franklin, TN 37064
United States
Kevin McCarthy
Phone: 312-469-0020
Email: kevin@oneredcent.com
2. TEXTKERNEL BV Professional $2,203,181
Asterweg 15D Services
Amsterdam, 1031 HL
Netherlands
Joost Verschoor
Phone: +31-0204942496
Email: verschoor@textkernel.nl
3. GOOGLE LLC Marketing $1,938,081
1600 Amphitheatre Pkwy
Mountain View, CA 94043
United States
Ty Suwalski
Phone: 650-253-0000
Email: tysuwalski@google.com;
collections@google.com
4. TALROO INC Marketing $1,675,849
6433 Champion Grandview Way
Bldg 2, Suite 100
Austin, TX 78750
United States
Allison Yager
Phone: 512-364-0271; 512-717-0630
Email: ayager@talroo.com
5. JOBGET INC Marketing $1,479,348
50 MILK St 16th Flr
Boston, MA 02109
United States
Rachel Essenfeld
Phone: 916-866-8002
Email: rachel@jobget.com
6. AHEAD INC IT $1,179,989
444 W Lake St, Suite 3000
Chicago, IL 60606
United States
Chris Dagg, Jordan Price
Phone: 508-414-8993
Email: chris.dagg@ahead.com;
jordan.price@ahead.com
7. VERINEXT CORP IT $1,156,379
510 Township Line Road, Suite 120
Blue Bell, PA 19422
United States
Brian Hull
Phone: 678-990-1593
Email: brian.hull@verinext.com
8. RACKSPACE US INC IT $1,073,765
1 Fanatical Place
San Antonio, TX 78218
United States
Irene Ali
Phone: 210-312-4000
Email: irene.ali@rackspace.com
9. APPCAST INC Marketing $899,174
10 Water St Ste 150,
Lebanon, NH 03766-1657
United States
Tod Dillon
Phone: 603-678-1620
Email: tod.dillon@appcast.io
10. AKIN GUMP STRAUSS Professional $718,785
HAUER & FELD Services
One Bryant Park,
Bank of America Tower
New York, NY 10036
United States
Eli Miller
Phone: 212-872-7493
Email: emiller@akingump.com
11. JOBCASE INC Marketing $701,355
201 Broadway St, 7th Floor
Cambridge, MA 02139
United States
Samuel Torff
Phone: 713-304-7505
Email: storff@jobcase.com
12. BRAZEN TECHNOLOGIES INC IT $510,200
3033 Wilson Boulevard, Suite 470
Arlington, VA 22201
United States
Ashley O'Connor
Phone: 202-525-7924
Email: ashley@brazen.com
13. VEDDER PRICE PC Professional $469,434
222 North LaSalle Street, Services
Suite 2600
Chicago, IL 60601
United States
Juan A. Cruz
Phone: 312-609-5053
Email: jcruz@vedderprice.com
14. RECRUITICS INC Marketing $438,633
230 East Ave, Suite 101
Norwalk, CT 06855
United States
Kayla Sorice
Phone: 877-410-8004
Email: billing@recruitics.com;
info@recruitics.com
15. WINSTON & STRAWN LLP Professional $421,062
35 West Wacker Drive Services
Chicago, IL 60601
United States
Matt Stevens
Phone: 312-558-6116
Email: mstevens@winston.com
16. NEXXT INC Marketing $407,211
676 E Swedesford Rd
Wayne, PA 19087
United States
David Brensilber
Phone: 516-669-0016
Email: davidb@beyond.com
17. ORACLE AMERICA INC IT $380,281
500 Oracle Parkway
Redwood Shores, CA 94065
United States
Chad Ogiba, Delphine Oursaire
Phone: 508.317.9236
Email: chad.ogiba@oracle.com;
delphine.oursaire@oracle.com
18. IKOKAS TECHNOLOGIES PRIVATE LTD IT $378,254
1917/19 Govindpuri Extension
Kalkaji, New Delhi 110019
India
Parvinder Singh
Phone: 987-309-7024
Email: parvinder@ikokas.com
19. SECUREIT CONSULTING GROUP INC IT $376,841
12110 Sunset Hills Rd, #600
Reston, VA 20190
United States
Keli Colon; David Trout
Phone: 703-774-6292; 703-981-0145
Email: kcolon@secureit.com; dtrout@secureit.com
20. SALESFORCE.COM INC IT $372,602
Salesforce Tower,
415 Mission Street, 3rd floor
San Francisco, CA 94105
United States
Randi Farage
Phone: 901-264-2424
Email: rfarage@salesforce.com
21. EVERLONG MEDIA LLC Marketing $314,720
4025 Spencer St. #103
Torrance, CA 90503
United States
Chad Grohman; Amy Adams
Phone: 310-214-9509
Email: chad@everlongmedia.com;
amy@everlongmedia.com
22. AMPLITUDE INC IT $286,875
201 3rd St, Suite 200
San Francisco, CA 94103
United States
Ken Barrette
Phone: 510-473-5668
Email: ken.barrette@amplitude.com
23. PWC US TAX LLP Professional $273,000
4040 W. Boy Scout Blvd. Services
Tampa, FL 33607
United States
Robert Jensen
Phone: 312-286-3266
Email: robert.a.jensen@pwc.com
24. MICROSOFT ONLINE INC Marketing $257,111
6880 Sierra Center Pkwy
Reno, NV 89511
United States
Ben Orndorff
Phone: 775-823-5600
Email: naonlineadv@microsoft.com;
atlascol@microsoft.com
25. JOVEO INC Marketing $254,317
101 Jefferson Drive, 1st Floor
Menlo Park, CA 94025
United States
Nirala Arun
Phone: 647-531-3399; 408-896 -9030
Email: nirala@joveo.com; accounting@joveo.com
26. AIMWEL B.V. Marketing $252,349
Capellalaan 65
Hoofddorp, 2132 JL
Netherlands
Dennis Van Allemeersch
Phone: +31-610005942
Email: dennis.van.allemeersch@persgroep.net
27. CAMELOT COMMUNICATIONS LTD Marketing $250,767
2845 West 7th St
Fort Worth, TX 76107
United States
Jennifer Hooper
Phone: 214-373-6999
Email: jennifer.hooper@pmg.com
28. ADWORKS LTD Marketing $245,781
Ha-Yetzira 31
Ramat Gan, 5252173
Israel
Dan Gorlitsky
Phone: +972-502135856
Email: dan@botson.ai
29. ACOUSTIC LP Marketing $232,098
1125 Oak Street, Suite 201
Conway, AR 72032
United States
Kelly Gesselman
Phone: 949-285-8536
Email: kelly.gesselman@acoustic.com
30. EQUINIX INC IT $187,686
1 Lagoon Drive, 4th floor
Redwood City, CA 94065
United States
David Howes; Brian Decker
Phone: 978-771-1223; 650-513-7000
Email: dhowes@equinix.com;
bdecker@equinix.com
[] O'Melveny Launches Special Credit & Liability Management Group
-----------------------------------------------------------------
O'Melveny on June 24 announced the formation of its new
cross-disciplinary Special Credit & Liability Management Group,
reflecting growing client demand for integrated, end-to-end support
across the credit cycle, particularly as capital solutions become
increasingly complex and bespoke.
The newly formed group draws on O'Melveny's award-winning strengths
in front-end lending, M&A, capital markets, corporate governance,
bankruptcy and restructuring, and litigation --including bankruptcy
litigation -- offering clients a powerful partner in creating,
preserving, and protecting value in distressed and event-driven
situations.
"While we've been at the leading edge of specialized credit and
liability management transactions for many years, clients are
increasingly facing issues that require integrated, strategic
solutions," said O'Melveny partner Matthew Kremer. "Together, this
team delivers a blend of corporate and litigation expertise that
allows us to assist from origination of a deal all the way to the
courtroom, if necessary, and achieve positive, long-term results
for our clients."
"We have a successful track record of helping clients navigate
high-stakes, fast-evolving situations, from novel liability
management transactions and tailored capital solutions to
contentious scenarios," said O'Melveny partner Jennifer Taylor.
"Clients have turned to us, time and again, to structure and
implement solutions when facing their most daunting challenges.
Formalizing this interdisciplinary group underscores the
innovative, collaborative, and wide-lens approach we've always
brought to bear."
The Special Credit & Liability Management Group taps the collective
knowledge of a deeply experienced, international team that has
handled headline-making matters, including advising an ad hoc group
of lenders to Robertshaw in successfully defending the company's
liability management transaction -- one of just a handful of such
transactions to be litigated to trial. The team has also counseled
multiple companies, banks, and ad hoc lender groups on successful
debt restructurings and liability management exercises, including
Isagenix, Babcock & Wilcox, K&N Engineering, and 24 Hour Fitness.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
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re-mailing and photocopying) is strictly prohibited without prior
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or $2,350 for twelve months, delivered via e-mail. Additional
e-mail subscriptions for members of the same firm for the term
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Peter A. Chapman at 215-945-7000.
*** End of Transmission ***