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T R O U B L E D C O M P A N Y R E P O R T E R
Wednesday, July 9, 2025, Vol. 29, No. 189
Headlines
1031 SOLUTIONS: Hires Newmark Real as Real Estate Broker
1804 SHACKLEFORD: Hires Compass RE as Real Estate Agent
22ND CENTURY: Registers Warrant Resale for 8.6M Shares
23ANDME HOLDING: Court OKs $305M Asset Sale to TTAM Nonprofit
729-731 MEEKER: Hire Shafferman & Feldman LLP as Counsel
A TO Z PACKAGING: Case Summary & 20 Largest Unsecured Creditors
AFH AIR PROS: Unsecureds to Recover Up to 1% of Claims in Plan
AFM MATTRESS: Case Summary & 20 Largest Unsecured Creditors
AFRITEX VENTURES: Hires Driver Stephenson PLLC as Counsel
ALACHUA GOVERNMENT: Case Summary & 20 Largest Unsecured Creditors
AMBASSADOR VETERANS: Seeks to Hire Financial Consultant
AMERICAN IMPACT: Gets Final OK to Use Cash Collateral
AMPLIFYBIO LLC: Hilco to Sell CRO Assets in Bankruptcy Deal
AMYNTA GROUP: S&P Rates Proposed $350MM Unsecured Notes 'CCC+'
ANCHOR CONSTRUCTION: Hires Bruner Wright PA as Counsel
APPLE CENTRAL: Applebee's Loses Bid for Discretionary Abstention
APPLE CENTRAL: Court Extends Cash Collateral Access to Sept. 30
APPLE CENTRAL: Kansas Bankruptcy Court to Hear Franchise Dispute
APPLE CENTRAL: Loses Bid to Dismiss Applebee's Adversary Claims
AT HOME GROUP: Hires Kirkland & Ellis LLP as Bankruptcy Counsel
AT HOME GROUP: Hires Omni Agent as Administrative Agent
AT HOME GROUP: Taps AlixPartners LLP as Financial Advisor
AZUL SA: Hire Davis Polk & Wardwell LLP as Attorney
AZUL SA: Hire Stretto Inc. as Administrative Advisor
AZUL SA: Hires Guggenheim Securities LLC as Investment Banker
AZUL SA: Hires Skyworks Capital as Financial Advisor
AZUL SA: Hires Togut Segal & Segal LLP as Co-Counsel
AZUL SA: Hires White & Case LLP as Special Counsel
BAYSHORE SUITES: Gets Extension to Access Cash Collateral
BCP V EVERISE: S&P Downgrades ICR to 'CCC+', Outlook Stable
BEAN THERE: Hires Blanchard Law P.A. as Counsel
BEDMAR LLC: Hires Douglas Wilson Companies as Financial Advisor
BEDMAR LLC: Hires Epiq Corporate as Administrative Advisor
BEDMAR LLC: Hires Richards Layton & Finger as Counsel
BEYOND AIR: Reports FY25 Loss of $48.5M, Flags Going Concern Doubt
BISHOP OF FRESNO: Diocese Seeks to Preserve Parish Funds Amid Ch.11
BISHOP OF SANTA ROSA: Committee Hires Real Estate Appraiser
BURFORD CAPITAL: S&P Rates New $400MM Senior Unsecured Notes 'BB'
BUTLER GROUP: Hires Thompson Premier Homes Group as Realtors
C M HEAVY: Court Converts Bankruptcy Case to Chapter 7
CANT COOK: Hires Professor Tax USA Inc. as Accountant
CARNIVAL CORP: S&P Rates New $2BB Senior Unsecured Notes 'BB+'
CENTER FOR SPECIAL: Court OK's Largo Properties Sale to 21 Property
CFMS TEXAS: Seeks to Hire Joyce W. Lindauer as Bankruptcy Counsel
CHARTER SCHOOL: Hires Goodwin Procter LLP as Counsel
CHARTER SCHOOL: Hires Ordinary Course Professionals
CHARTER SCHOOL: Hires Potter Anderson & Corroon LLP as Co-Counsel
CHARTER SCHOOL: Seeks to Hire Rock Creek as Financial Advisor
CHERRY HILL: Voluntary Chapter 11 Case Summary
CINEMEX HOLDINGS: Files Subchapter V to Restructure, Eyes Q3 Exit
CMB DATA: Seeks to Extend Plan Filing Deadline to July 14
CNT HOLDINGS: S&P Affirms 'B' Rating on Senior Secured Debt
CORINTH AUTUMN: Trustee Taps Property Tax Advocates as Consultant
CORVIAS CAMPUS: Georgia Board Requests Bankruptcy Case Transfer
COSTELLO SR.-ALLEN: Gets Final OK to Use Cash Collateral
COVE CASTLES: Hires KCW Carty & Rogers as Special Counsel
COVIAN ENTERPRISES: Hires Barron & Newburger PC as Legal Counsel
CRYPTO CO: Borrows $68,000 From AJB Capital
CTCHGC LLC: Hires Barron & Newburger P.C. as Counsel
CYANOTECH CORP: Posts $3.2M FY25 Loss, Warns of Going Concern Doubt
DANIEL TRUCKING: Seeks Chapter 11 Bankruptcy in Illinois
DEL MONTE: Gets $912.5MM Funding in Chapter 11
DELTA ABSORBENTS: Hires Hood & Bolen as Bankruptcy Counsel
DESIGN GROUP: Begins Ch.11 to Facilitate Going-Concern Sales
DIAMOND SURFACE: Unsecureds Will Get 100% of Claims over 5 Years
EAZY-PZ LLC: Hires Wadsworth Garber Warner as Counsel
EEHF 18: James LaMontagne Named Subchapter V Trustee
ELEVATION GOLD: Mako Mining Acquires Debt During CCAA Process
ELLIE LANE: Hires Law Offices of Michael Berger as Counsel
ESSAR STEEL: Court Denies Request for Earlier Trial in Cliffs Case
EXTREME PROFITS: Hires Barker Services Inc. as Accountant
EYENOVIA INC: Avenue Venture and Affiliates Hold 9.99% Stake
FLOW APARTMENTS: Case Summary & Four Unsecured Creditors
FLOWER APARTMENTS: Seeks Chapter 11 Bankruptcy in California
FRANCIS FUNERAL: Hires Smith Kane Holman as Counsel
FRANCIS FUNERAL: Holly Miller Named Subchapter V Trustee
FTX TRADING: Recovery Trust Stops 82% of Payouts in 49 Regions
FUTURE FINTECH: Inks $10.2M Settlement Agreement With FT Global
GD TRANSPORT: Jerrett McConnell Named Subchapter V Trustee
GENERAL MOTORS: Texas Says Co. Can't Escape Data Privacy Suit
GENTLE HAND: L. Todd Budgen Named Subchapter V Trustee
GIO LIQUOR: Seeks to Hire Robert N. Bassel as Bankruptcy Counsel
GOT KIDZ?: Hires Gordon Law Firm PC as Legal Counsel
HALO ESTATES: Court OKs Deal on Cash Collateral Access
HAWAII STAGE: Bid to Strike Rodrigues' Jury Demand Granted in Part
HDLV CONSOLIDATION: Hires D&C Hospitality as Real Estate Broker
HEART ESTATES: Hires Lokation Real Estate LLC as Broker
HEART ESTATES: Seeks to Hire Keller Williams as Real Estate Broker
HERITAGE PORTRAITS: Gets Interim OK to Use Cash Collateral
HERMS LUMBER: Seeks to Extend Plan Exclusivity to October 17
HIGHER GROUND: Taps Verita Global as Claims and Noticing Agent
HKLTN INVESTMENT: Seeks to Hire Gary G. Lyon as Bankruptcy Counsel
HOLYOKE PARKVIEW: Voluntary Chapter 11 Case Summary
HORNBLOWER CRUISES: Court Dismisses Shaw, et al. Lawsuit
HUMPER EQUIPMENT: Taps James A. Keltner as Wind-Down Manager
ICORECONNECT INC: Hires Nelson Mullins Riley as Special Counsel
INCAR GROUP: Seeks Chapter 11 Bankruptcy in Puerto Rico
IROKOS GROUP: Hires Lipton Law Group LLC as Counsel
JAGUAR HEALTH: Registers 507K Shares From May 2025 Warrants
JAMES JOSEPH: To Sell Causes of Action to Bloak LLC for $300K
JEFRYN PARK: Gerard Luckman Named Subchapter V Trustee
JSMITH CIVIL: Fourth Elm Wins Bid to Stay, Compel Arbitration
KC PET: Seeks to Hire Sieling Law PLLC as Counsel
KINGSBOROUGH ATLAS: Claims to be Paid from Sale Proceeds
KPOWER GLOBAL: Hires Hutchinson & Greenberg PC as Accountant
LEFEVER MATTSON: Court OKs Deal to Extend Cash Collateral Access
LEISURE INVESTMENTS: Attys Can Stop Representing Ex-CEO, Court Says
LINQTO INC: Seeks Chapter 11 Bankruptcy in Texas w/ Affiliates
LINQTO TEXAS: Files for Chapter 11 to Find "Path Forward"
LINQTO TEXAS: Says 13,000 Customers Participated in Platform
LLW CONSTRUCTION: Hires Ford & Semach P.A. as Counsel
MAKO FORESTRY: Case Summary & Four Unsecured Creditors
MAKO FORESTRY: Seeks Chapter 11 Bankruptcy in Alabama
MARIN SOFTWARE: Nasdaq Suspends Trading Due to Filing Delays
MARINE TRANSPORT: Seeks Chapter 11 Bankruptcy in New York
MERIT STREET: Hires Epiq Corporate as Claims and Noticing Agent
METAL PARTNERS: To Sell Default Judgments to Intercoastal Financial
METATRON HEALTH: Seeks to Extend Plan Exclusivity to July 19
MG LOGISTICS: Case Summary & 20 Largest Unsecured Creditors
MIMOSAS A CALI: Susan Seflin Named Subchapter V Trustee
MISS BRENDA: Claims to be Paid from Business Revenue
MITEL NETWORKS: Moody's Assigns Caa1 CFR on Chapter 11 Emergence
MOM CA: Court Extends Cash Collateral Access to July 17
MONARCHY RANCHEROS: Hires IVEE Group LLC as Property Manager
MONARCHY RANCHEROS: Hires Ron C de Baca as Water Operator
MONTREAL MAINE: Canadian Pacific Entitled to Judgment Reduction
MOSAIC SWNG: Gets Extension to Access Cash Collateral
MOUNTAIN SPORTS: Seeks to Extend Plan Exclusivity to August 29
MOYVANE-ARABIAN PROPERTIES: Taps de Montluzin Investments as Broker
MURPHDOG LLC: Seeks to Hire Robl & Bowen LLC as Attorney
NASSAU FINANCIAL: S&P Assigns 'BB-' Long-Term ICR, Outlook Stable
NO WAKE ZONE: Ryan Richmond Named Subchapter V Trustee
NOBLE LIFE: Hearing on Bid to Use Cash Collateral Set for July 10
NORTEX REDIMIX: Hires Spector & Cox PLLC as Legal Counsel
NORTHLAKE CORNERS: Hires Gary G. Lyon as Bankruptcy Counsel
OI S.A.: Asks US Court to End Recognition of Chapter 15 Case
OVERTON LLC: Hires Law Offices of Chad Hayward as Counsel
PEGASUS BUILDERS: Hires Padula Bennardo as Special Counsel
PHP HOLDINGS: Case Summary & 30 Largest Unsecured Creditors
PLATINUM HEIGHTS: Seeks to Extend Plan Exclusivity to August 19
POWELL 1023: Seeks Chapter 11 Bankruptcy in New York
PRIORITY TECHNOLOGY: S&P Alters Outlook to Pos., Affirms 'B' ICR
R3CYCLE INDUSTRIES: Hires Essex Richards as Bankruptcy Counsel
R3CYCLE INDUSTRIES: Seeks Subchapter V Bankruptcy in North Carolina
RE WEALTH: Seeks to Hire Mark S. Roher P.A. as Counsel
RE4 GEORGIA: Hires Rountree Leitman Klein & Geer as Attorney
RHODIUM ENCORE: Unsecureds Will Get 100% of Claims in Plan
RICHFIELD NURSING: Hires Cunningham Chernicoff as Counsel
RITE AID: To Close Ashland Location
RIVERA FAMILY: Claims to be Paid from Income and Sale Proceeds
SAKS GLOBAL: In Talks w/ Minority Creditors for Debt-Deal Support
SAMYS OC: Hires Goodwin Johnston LLC as Special Counsel
SANTA PAULA: Hires Liv Sotheby's as Real Estate Broker
SCARLET KITCHEN: Robert Goe Named Subchapter V Trustee
SKIN HEALTH: Hires Robert Bassel as Bankruptcy Counsel
SKYLINE EMS: Seeks Chapter 11 Bankruptcy in Texas
SMALL FORTUNE: Gets Extension to Access Cash Collateral
SOLAR MOSAIC: Somar Lawsuit to Proceed Against NYS Power, Dratel
STEWARD HEALTH: Secures $15.5MM Deal w/ Florida Hospital Buyer
TARAH THAI: Seeks to Hirs Farsad Law Office as Bankruptcy Counsel
TEZCAT LLC: Gets Extension to Access Cash Collateral
THREE FISHERMAN: Unsecureds to Get 100 Cents on Dollar in Plan
TIGHT LINES: Seeks to Hire J.M. Cook P.A. as Counsel
TOG HOTELS: Seeks to Extend Plan Exclusivity to September 18
TWIN CITIES: Seeks to Hire BransonLaw PLLC as Counsel
TYSONS CONCEPTS: Seeks Subchapter V Bankruptcy in Texas
TZADIK SIOUX: Hires Edelboim Lieberman PLLC as Counsel
TZADIK SIOUX: Seeks to Hire Remax Advantage as Broker
TZADIK TAYLOR'S PLACE: Seeks Chapter 11 Bankruptcy in Florida
TZADIK TAYLOR'S: Case Summary & 20 Largest Unsecured Creditors
UNIVERSAL BIOCARBON: Gets Extension to Access Cash Collateral
VANTAGE INC: Wyse Group to Sell Assets on August 5
VARIETY ACCESSORIES: Seeks Chapter 11 Bankruptcy in Texas
VILLAGES HEALTH: Files Ch.11, Enters TVH Asset Purchase Agreement
VISION2SYSTEMS LLC: Seeks to Extend Plan Exclusivity to August 19
VIVA LIBRE: Seeks to Hire Rowland & Abbis CPAs as Accountant
WA3 PROPERTIES: Seeks to Sell 3 Properties to Highest Bid
WATCHTOWER FIREARMS: Seeks to Extend Plan Exclusivity to Sept. 25
WATCHTOWER FIREARMS: Wins Final DIP Approval, Eyes Ch. 11 Exit
WB BRIDGE HOTEL: Court Narrows Claims in 206 Kent, et al. Case
WEST COUNSELING: Gets Extension to Access Cash Collateral
WHISKEY RANCH: Amends Plan to Resolve Sig & UST's Claim Issues
WHITESTONE INDUSTRIAL: Hires Troutman Pepper as Delaware Counsel
WINDTREE THERAPEUTICS: Fails to Meet Nasdaq Bid Price Rule
WISCONSIN & MILWAUKEE: Hires SSG Advisors as Investment Banker
WOLFSPEED INC: Gregor van Issum Appointed Chief Financial Officer
WW INTERNATIONAL: Announces New Program to Help Ch. 11 Exit
[] Commercial Chapter 11 Filings Decrease 15% from H1 of 2025
[] Ervin Cohen & Jessup Partners Named Top Bankruptcy Lawyers
[] U.S. Bankruptcy Filings Rise 10% in H1 2025; Chapter 7s Up 15%
*********
1031 SOLUTIONS: Hires Newmark Real as Real Estate Broker
--------------------------------------------------------
1031 Solutions, LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California to employ Newmark Real
Estate of Arizona, LLC as real estate broker.
The firm will market and sell the Debtor's real properties located
at 5550 E. Grand Road, Tucson, Arizona, and SWC Preston Road and
John Hickman Parkway, Frisco, Texas 75034.
The firm will be paid a commission of 5 percent of the gross sales
price of each property.
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:
Chase Dorsett
Newmark Real Estate of Arizona, LLC
2555 East Camelback Road Suite 600
Phoenix, AZ 85016
Tel: (602) 952-3844
Email: chase.dorsett@nmrk.com
About 1031 Solutions, LLC
1031 Solutions LLC is a real estate investment firm located in Los
Angeles, CA, specializing in helping clients execute 1031 exchanges
to defer capital gains taxes. The Company is committed to offering
tailored and effective solutions, guiding investors through the
intricacies of tax-deferred exchanges to enhance their real estate
portfolios.
1031 Solutions LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11378) on February
24, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtor is represented by Gary E. Klausner, Esq. at Levene Neale
Bender Yoo & Golubchik, LLP.
1804 SHACKLEFORD: Hires Compass RE as Real Estate Agent
-------------------------------------------------------
1804 Shackleford, LLC seeks approval from the U.S. Bankruptcy Court
for the Middle District of Tennessee to employ Compass RE as real
estate agent.
The firm will assist in the sale of the Debtor's real property
located at 1802 Shackleford, Nashville, TN.
The firm will be paid a commission of 6 percent of the gross sale
proceeds, plus reasonable expenses.
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:
Erin Krueger
Compass RE
530 W Main Street
Hendersonville TN 37075
Tel: (615) 475-5616
Email: erin.krueger@compass.com
About 1804 Shackleford
1804 Shackleford, LLC is the fee simple owner of two properties
located at 1804 Shackleford Road, Nashville, Tenn. (current value
of $1,800,000), and at 1802 Shackleford Road, Nashville, Tenn.
(current value of $2,200,000).
1804 Shackleford, sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-00742) on February
23, 2025, listing $4,000,000 in assets and $3,131,135 in
liabilities. Deepak Chaudhry, chief executive officer, signed the
petition.
Judge Nancy B. King presides over the case.
Jay R. Lefkovitz, Esq., at Lefkovitz & Lefkovitz represents the
Debtor as legal counsel.
22ND CENTURY: Registers Warrant Resale for 8.6M Shares
------------------------------------------------------
22nd Century Group, Inc. filed a Registration Statement on Form S-3
with the U.S. Securities and Exchange Commission regarding a
prospectus relating to the resale from time to time by Anson East
Master Fund LP, Anson Investments Master Fund LP, Joseph Reda,
Dawson James Securities, Inc., Timothy Tyler Berry, Gregory
Castaldo, Jonathan Schechter, Richard Molinsky, Robert Forster, SEG
Opportunity Fund, LLC, Iroquois Capital Investment Group LLC, and
Iroquois Master Fund Ltd., as the selling stockholders, of up to
8,588,811 shares of the Company's common stock, par value $0.00001
per share, or the Shares, comprising up to:
(i) 4,851,913 shares of common stock issuable upon the
exercise of outstanding warrants issued in a private placement on
October 24, 2024,
(ii) 300,458 shares of common stock issuable upon the exercise
of outstanding Placement Agent Warrants issued in connection with a
private placement on October 24, 2024, and
(iii) 3,436,440 shares of common stock issuable upon the
exercise of outstanding warrants issued in a private placement on
April 30, 2025.
The Company will not receive any proceeds from the sale of shares
being sold by the selling stockholders. Also, it does not expect to
receive proceeds on the exercise by the selling stockholders of
outstanding warrants for shares of our common stock covered by this
prospectus, as the warrants contain an "alternate cashless
exercise" provision whereby the holders will receive two shares of
common stock for a zero exercise price.
The Company have agreed to bear all of the expenses incurred in
connection with the registration of these shares. The selling
stockholders will pay or assume brokerage commissions and similar
charges, if any, incurred for the sale of the warrant shares. The
selling stockholders identified in this prospectus may offer the
shares from time to time through public or private transactions at
fixed prices, at prevailing market prices, at varying prices
determined at the time of sale, or at privately negotiated prices.
We provide more information about how the selling stockholders may
sell their shares of common stock in the section titled "Plan of
Distribution" beginning on page 9 of this prospectus. The Company
will not be paying any underwriting discounts or commissions in
connection with any offering of shares under this prospectus.
The Company's common stock is listed on the Nasdaq Capital market
under the symbol "XXII." On June 18, 2025, the closing price of
common stock was $10.12 per share.
Full text copy of the Registration Statement:
https://tinyurl.com/5646b4cp
About 22nd Century Group
Mocksville, N.C.-based 22nd Century Group, Inc. is a tobacco
products company specializing in the sales and distribution of its
proprietary reduced nicotine tobacco products, which have been
authorized as Modified Risk Tobacco Products by the FDA. The
company also provides contract manufacturing services for
conventional combustible tobacco products for third-party brands.
Buffalo, New York-based Freed Maxick P.C. (F/K/A Freed Maxick CPAs,
P.C.), the Company's auditor since 2011, issued a "going concern"
qualification in its report dated March 20, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024 citing that the Company has incurred significant losses and
negative cash flows from operations since inception and expects to
incur additional losses until such time that it can generate
significant revenue and profit in its tobacco business. This raises
substantial doubt about the Company's ability to continue as a
going concern.
As of December 31, 2024, the Company had $21.7 million in total
assets, $17.7 million in total liabilities, and $4 million in total
stockholders' equity.
23ANDME HOLDING: Court OKs $305M Asset Sale to TTAM Nonprofit
-------------------------------------------------------------
23andMe Holding Co., a genetics-led consumer healthcare company,
announced on June 30, 2025, that it has received approval from the
U.S. Bankruptcy Court for the Eastern District of Missouri for the
sale of substantially all of the Company's assets and ongoing
business operations to TTAM Research Institute, a nonprofit public
benefit corporation based in California and led by 23andMe
Co-Founder and former CEO Anne Wojcicki. The transaction is
expected to close in the coming weeks, subject to customary closing
conditions.
"This approval marks a significant milestone in our Court
proceedings and solidifies the path forward to ensure that
23andMe's founding mission of helping people access, understand and
gain health benefits through greater understanding of the human
genome lives on globally," said Mark Jensen, Chair of the Board and
member of the Special Committee of the Board of Directors of
23andMe. "We remain focused on completing the steps necessary to
finalize the transaction in the weeks ahead so the Company can move
into its next chapter as a nonprofit."
Under the terms of the agreement, TTAM will acquire substantially
all of the assets of 23andMe, including the Personal Genome Service
(PGS) and Research Services business lines and the Lemonaid Health
business, for a purchase price of $305 million.
"I am thrilled that TTAM will be able to build on the mission of
23andMe to help people access, understand and benefit from the
human genome. As a nonprofit, TTAM will be a champion of improving
our knowledge of DNA -- the code of life -- for the public good,
creating a resource to advance human health globally," said Ms.
Wojcicki. "Core to my beliefs is that individuals should be
empowered to have choice and transparency with respect to their
genetic data and have the opportunity to continue to learn about
their ancestry and health risks as they wish. The future of
healthcare belongs to all of us."
TTAM is committed to providing customers with choice and
transparency with their data, including the option to change their
decision on whether to participate in research. To that end, all
customers will be emailed in advance of the transaction closing
with a notice of the sale. TTAM is committed to adhering to
23andMe's existing privacy policies in perpetuity, and is adopting
additional consumer protections and privacy safeguards to enhance
protections for customer data and privacy.
Additional information regarding 23andMe's Chapter 11 filing,
proceedings and claims process is available at
https://restructuring.ra.kroll.com/23andMe. Questions about the
claims process should be directed to the Company's claims agent,
Kroll, at 23andMeInfo@ra.kroll.com or by calling (888) 367-7556.
About TTAM Research Institute
The TTAM Research Institute is a nonprofit medical research
organization dedicated to helping scientists and non-scientists
join together to unravel the mysteries of DNA - the code of life.
TTAM believes everyone should have the opportunity to access their
individual genetic code and be empowered to contribute it to
scientific research. The TTAM Research Institute was founded and is
led by Anne Wojcicki.
About 23andMe
23andMe Holding Co. is a genetics-led consumer healthcare and
biotechnology company in San Francisco, Calif. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe and 11 affiliated debtors each filed a
voluntary petition for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mo. Lead Case No. 25-40976). 23andMe
disclosed $277,422,000 in total assets against $214,702,000 in
total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Morgan, Lewis &
Bockius, LLP and Carmody MacDonald, PC serve as legal counsel to
the Debtors while Alvarez & Marsal North America, LLC serve as the
restructuring advisor. The Debtors tapped Reevemark, LLC and Scale
Strategy Operations, LLC as communications advisors and Kroll
Restructuring Administration Services, LLC as claims agent.
Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter LLP serve
as special local counsel, investment banker, and legal advisor to
the Special Committee of 23andMe's Board of Directors,
respectively.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Debtors'
Chapter 11 cases. The committee tapped Kelley Drye & Warren, LLP
and Stinson, LLP as legal counsel and FTI Consulting, Inc. as
financial advisor.
729-731 MEEKER: Hire Shafferman & Feldman LLP as Counsel
--------------------------------------------------------
729-731 Meeker Group LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Eastern District of New York to
employ Shafferman & Feldman LLP as counsel.
The firm's services include:
a. providing advice to the Debtors with respect to its powers
and duties under the Bankruptcy Code in the continued operation of
its business and the management of its property;
b. negotiating with creditors of the Debtors, preparing a plan
of reorganization and taking the necessary legal steps to
consummate a plan, including, if necessary, negotiations with
respect to financing a plan;
c. appearing before the various taxing authorities to work out
a plan to pay taxes owing in installments;
d. preparing on the Debtors' behalf Debtors necessary
applications, motions answers, replies, discovery requests, forms
of orders, reports and other pleadings and legal documents;
e. appearing before this Court to protect the interests of the
Debtors and their estate, and representing the Debtors in all
matters pending before this Court; and
f. performing all other legal services for the Debtors that
may be necessary herein.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
On March 25, 2025, the Debtor paid the firm with a retainer, in the
amount of $28,690, inclusive of the filing fees.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Shafferman 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:
Joel M. Shafferman, Esq.
Shaffferman & Feldman LLP
137 Fifth Avenue 9th Floor
New York, NY 10010
Tel: (212) 509-1802
Email: shaffermanjoel@gmail.com
About 729-731 Meeker Group LLC
729-731 Meeker Group LLC is a Single Asset Real Estate debtor (as
defined in 11 U.S.C. Section 101(51B)).
729-731 Meeker Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-42846) on July 9,
2024. In the petition filed by Mitchell Steiman, as vice president
of restructuring, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by:
Joel M. Shafferman, Esq.
SHAFFFERMAN & FELDMAN LLP
137 Fifth Avenue, 9th Floor
New York, NY 10010
Tel: (212) 509-1802
Email: shaffermanjoel@gmail.com
A TO Z PACKAGING: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: A to Z Packaging Enterprises, Inc.
3605 Sandy Plains Road, Suite 240
Marietta, GA 30066
Business Description: A to Z Packaging Enterprises, Inc. provides
packaging machinery, hot-melt adhesive
systems, and automation solutions for
manufacturing sectors such as furniture and
bedding. Headquartered in Marietta,
Georgia, it owns and operates facilities
including a multi-tenant industrial building
at 2197 Canton Road used for warehousing,
distribution, and support services.
Chapter 11 Petition Date: July 4, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-57545
Debtor's Counsel: Paul Reece Marr, Esq.
PAUL REECE MARR, P.C.
6075 Barfield Road
Suite 213
Sandy Springs, GA 30328-4402
Tel: (770) 984-2255
Fax: (678) 623-5109
E-mail: paul.marr@marrlegal.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Sidney Abramowitz as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UJIW5XA/A_to_Z_Packaging_Enterprises_Inc__ganbke-25-57545__0001.0.pdf?mcid=tGE4TAMA
AFH AIR PROS: Unsecureds to Recover Up to 1% of Claims in Plan
--------------------------------------------------------------
AFH Air Pros, LLC, and affiliates filed with the U.S. Bankruptcy
Court for the Northern District of Georgia a Second Amended
Disclosure Statement describing Second Amended Plan of Liquidation
dated June 18, 2025.
Air Pros was a professional home services provider offering a wide
range of solutions for residential and commercial clients,
specializing in HVAC (heating, ventilation, and air conditioning)
installation, repair, maintenance, and air quality solutions,
ensuring optimal comfort and efficiency for its customers.
Air Pros was founded in 2017 in Fort Lauderdale, Florida, by
Anthony Perera and grew to over 700 employees, more than 600
vehicles, and hundreds of thousands of customers across eight
states, Florida, Georgia, Alabama, Mississippi, Louisiana, Texas,
Colorado, and Washington, establishing Air Pros and its affiliated
business units as a well-known name in the industry.
Prior to filing these Chapter 11 Cases, the Debtors undertook two
sale processes as described in Article V hereof. The most recent
marketing process, which began in October 2024, culminated with the
Debtors' entry into six stalking horse asset purchase agreements
(the "Stalking Horse APAs") for the sale of all nine of the
Debtors' business units to six separate stalking horse purchasers
(each, a "Stalking Horse Purchaser").
On May 19, 2025, the Bankruptcy Court entered the Sale Orders,
which approved the sales of the Debtors' assets pursuant to the
Stalking Horse APAs. As of the date of this Disclosure Statement,
five of the six sales have closed, and the Debtors expect the
remaining sale to close prior to the Effective Date. Pursuant to
the Sale Orders and the Creditors' Committee Settlement, the
proceeds from the sales of the Debtors' assets will be used to fund
certain expenses under the Plan, including the Wind Down Expense
Fund and the Initial Litigation Trust Funding Cash Amount, and the
balance of the sale proceeds will be distributed to the DIP Secured
Parties and the Prepetition Secured Parties, as applicable, on
account of their Secured Claims.
The Plan provides for the orderly wind down of the Debtors and
liquidation of all of the Debtors' assets not sold during these
Chapter 11 Cases.
In accordance with the Plan Administration Agreement and the
Litigation Trust Agreement, as applicable, and the provisions set
forth in the Plan, (a) the Litigation Trustee will pursue
prosecution and recovery of the Litigation Trust Claims, review and
reconcile applicable Claims of Litigation Trust Beneficiaries (in
accordance with the terms of the Plan and the Litigation Trust
Agreement), and make distributions from the proceeds of the
Litigation Trust Assets to the Litigation Trust Beneficiaries, and
(b) the Plan Administrator will make distributions to Holders of
certain Allowed Claims, consistent with the priority of claim
provisions of the Bankruptcy Code, with proceeds of the Remaining
Assets of the Debtors' Estates.
Class 4 consists of General Unsecured Claims. In full and final
satisfaction of each General Unsecured Claim, each Holder of an
Allowed General Unsecured Claim shall receive its Pro Rata share of
the Litigation Trust Interests. The allowed unsecured claims total
$155 million. This Class will receive a distribution of up to 1% or
more depending on recoveries from Litigation Trust Claims. Class 4
is Impaired.
Class 7 consists of all Interests in the Debtors. On the Effective
Date, (i) all Interests, other than Intercompany Interests, shall
be deemed cancelled, extinguished, and of no further force or
effect; and (ii) all Intercompany Interests shall, at the option of
the Wind Down Debtors, (a) be deemed canceled, extinguished and of
no further force or effect, or (b) be reinstated for administrative
convenience solely to the extent necessary to maintain the Debtors'
corporate structure post-Effective Date, provided that the Holders
of Interests shall not be entitled to receive or retain any
property on account of such Interest.
On the Effective Date, the Plan Administrator shall be appointed
without any further action and shall succeed to such powers as
would have been applicable to the Debtors' officers, directors, and
shareholders, and the Wind Down Debtors shall be authorized to be
(and, upon the conclusion of the Wind Down, shall be) dissolved by
the Plan Administrator. All Remaining Assets not distributed on the
Effective Date shall vest in the Wind Down Debtors and shall be
managed and liquidated by the Plan Administrator in accordance with
the provisions of the Plan and the Plan Administration Agreement.
After the Effective Date, pursuant to the Plan, the Plan
Administrator shall effectuate the Wind Down without any further
approval by the Bankruptcy Court and free of any restrictions of
the Bankruptcy Code or Bankruptcy Rules, provided that the Plan
Administrator shall not effectuate the Wind Down in a manner
inconsistent with (i) any express requirements of the Plan
Administration Agreement or the Plan or (ii) the Approved Budget.
The Wind Down (as determined for federal income tax purposes) shall
occur in an expeditious but orderly manner after the Effective
Date.
A full-text copy of the Second Amended Disclosure Statement dated
June 18, 2025 is available at https://urlcurt.com/u?l=jJt9Rf from
PacerMonitor.com at no charge.
Counsel for the Debtors:
David B. Kurzweil, Esq.
Matthew A. Petrie, Esq.
Greenberg Traurig, LLP
Terminus 200, 3333 Piedmont Road
NE, Suite 2500,
Atlanta, GA 30305
Tel: (678) 553-2100
About AFH Air Pros
Founded in 2017 in Fort Lauderdale, Florida, Air Pros is a
professional home services provider specializing in HVAC
installation, repair, maintenance, and air quality solutions for
residential and commercial clients. Air Pros also offer plumbing,
electrical services, and home warranties at certain locations. Air
Pros, which began with one vehicle and two employees, now operates
over 600 vehicles, employs more than 700 people, and serves
customers in eight states: Florida, Georgia, Alabama, Mississippi,
Louisiana, Texas, Colorado, and Washington.
AFH Air Pros, LLC, and 19 of its affiliates filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. N.D. Ga.) on March 16, 2025, listing estimated assets of
$100 million to $500 million, and estimated liabilities of $100
million to $500 million. The petitions were signed by Andrew D.J.
Hede as chief restructuring officer.
Judge Paul Baisier presides over the cases.
The Debtors tapped David B. Kurzweil, Esq. and Matthew A. Petrie,
Esq., at Greenberg Traurig LLP, as bankruptcy counsel; Accordion
Partners, LLC as financial advisor; and Jefferies, LLC as
investment banker. Kurtzman Carson Consultants, LLC and DBA Verita
Global serve as the Debtors' notice, claims and balloting agent and
administrative advisor.
On March 31, 2025, the Office of the United States Trustee
appointed a committee of creditors holding unsecured claims. The
committee tapped Pachulski Stang Ziehl & Jones LLP as bankruptcy
counsel, Small Herrin LLP as local counsel, and Province LLC as
financial advisor.
AFM MATTRESS: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: AFM Mattress Company LLC
d/b/a American Mattress
1300 Pratt Blvd.
Elk Grove Village, IL 60007
Business Description: AFM Mattress Company LLC operates
52 American Mattress retail stores and
several warehouses across Illinois and
Indiana, with an e-commerce platform serving
the region. Headquartered in Elk Grove
Village, Illinois, the Company employs
around 102 full- and part-time staff and
focuses on selling mattresses, sleep
accessories, and furniture.
Chapter 11 Petition Date: July 6, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-11288
Judge: Hon. Mary F Walrath
Debtor's Counsel: Maria Aprile Sawczuk, Esq.
GOLDSTEIN & MCCLINTOCK LLLP
501 Silverside Road, Suite 65
Wilmington, DE 19809
Tel: (302) 444-6710
E-mail: marias@goldmclaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Michael Kenna as authorized
representative.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/6FNEMOA/AFM_Mattress_Company_LLC__debke-25-11288__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ZS4CGKA/AFM_Mattress_Company_LLC__debke-25-11288__0001.0.pdf?mcid=tGE4TAMA
AFRITEX VENTURES: Hires Driver Stephenson PLLC as Counsel
---------------------------------------------------------
Afritex Ventures, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to hire Driver Stephenson,
PLLC as counsel.
The firm will render these services:
a. provide legal advice with respect to the Debtor's powers
and duties as debtor-in-possession in the operation of its business
and the management of estate property;
b. take all necessary steps to protect and preserve the
Debtor's bankruptcy estate;
c. serve as counsel of record for Debtor in all aspects of
this Chapter 11 case, including, without limitation, the
prosecution of actions on behalf of the Debtor, and objections to
claims filed against the Debtor's estate;
d. prepare on behalf of Debtor all necessary motions, orders,
reports, and other legal papers in connection with the
administration of the Debtor's estate;
e. advise the Debtor with respect to corporate and real estate
matters;
f. consult with the Office of the United States Trustee for
the Northern District of Texas, any committee appointed in this
Chapter 11 case, and all other creditors and parties-in-interest
concerning the administration of this Chapter 11 case, if
applicable; and
g. provide representation and all other bankruptcy-related
legal services required by Debtor in discharging its duties as
debtor-in-possession or otherwise in connection with this Chapter
11 case.
DriverStep's current hourly rates for restructuring work are:
Vickie Driver $895
Cristina Stephenson $845
Paraprofessionals $225-$295
DriverStep is holding $50,000 in post-petition retainer.
Ms. Driver assured the court that Driver Stephenson is a
"disinterested person" as that term is defined in section 101(14)
of the Bankruptcy Code, and neither represents nor holds an
interest materially adverse to the interests of the Debtor, or its
estate.
The firm can be reached through:
Vickie L. Driver, Esq.
DRIVER STEPHENSON, PLLC
13155 Noel Road, Ste. 900
Dallas, TX 75240
Telephone: (214) 910-9558
Email: vickie@driversteplaw.com
About Afritex Ventures, Inc.
Afritex Ventures, Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
24-43390) on Sept. 22, 2024. At the time of filing, the Debtor
estimated $1,000,001 to $10 million in assets and $10,000,001 to
$50 million in liabilities.
ALACHUA GOVERNMENT: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Alachua Government Services, Inc.
Ology Bioservices, Inc.
Resilience Government Services, Inc.
OBS Merger Sub, Inc
13200 NW Nano Court
Alachua FL 32615
Business Description: Alachua Government Services, Inc. (doing
business as Ology Bioservices and Resilience
Government Services) operated as a contract
development and manufacturing organization
specializing in vaccines and biologics. The
Company provided services to government
agencies and commercial partners from its
facility in Alachua, Florida.
Chapter 11 Petition Date: July 6, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-11289
Judge: Hon. J Kate Stickles
Debtor's Counsel: Michael J. Merchant, Esq.
RICHARDS, LAYTON & FINGER, P.A.
920 North King Street
Wimington DE 19801
Tel: (302) 651-7700
Email: merchant@rlf.com
Debtor's
Restructuring
Advisor: FTI CONSULTING, INC.
Debtor's
Investment
Banker: JEFFERIES LLC and JEFFERIES INTERNATIONAL
LIMITED
Debtor's
Claims,
Noticing
Agent and
Administrative
Advisor: EPIQ CORPORATE RESTRUCTURING, LLC
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $100 million to $500 million
The petition was signed by Janet R. Naifeh as chief restructuring
officer.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2ROLBBI/Alachua_Government_Services_Inc__debke-25-11289__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. United States International Loan Guarantee $246,000,000
Development Finance Corporation Claim
1100 New York Ave NW
Washington, DC 20527
Contact: Dev Jagadesan
Phone: 202-336-8400
Email: notices@dfc.gov
2. Defense Contract Audit Claim $11,950,584
Management Agency
3555 Maguire Boulevard
Orlando, FL 32803-3799
Contact: Eric Hensley,
Administrative
Contracting Officer
Phone: 727-405-7791
Fax: 407-228-5264
Email: eric.p.hensley.civ@mail.mil
3. Sigma-Aldrich, Inc. Trade $1,332,029
3050 Spruce Street
Saint Louis, MO 63103
Contact: Lihkith D A,
Cash Collections, AR
Phone: 314-289-6027
Email: likhith.d-a@merckgroup.com
4. Advanced Bioscience Trade $604,124
Laboratories Inc
9800 Medical Center Drive
Bldg D
Rockville, MD 20850
Contact: Pamela Nepomuceno,
AR Supervisor
Phone: 301-881-5600
Email: pamela.nepomuceno@ablinc.com
5. Battelle Memorial Institute Trade $371,216
Dept L 998
Columbus, OH 43260
Contact: Michelle Vanzandt
Phone: 614-424-3796
Email: vanzandtm@battelle.org
6. Icon-GPHS Trade $278,134
1265 Ridge Road
Henkley, OH 44233
Contact: Jody Jackson
Phone: 800-431-9640
Email: jody.jackson@iconplc.com
7. Agilent Technologies, Inc. Trade $194,750
4187 Collections Center Drive
Chicago, IL 60693
Contact: Nolan Pachciarz
Phone: 800-227-9770 Opt 1
Then 5
Email: agreements_lfssupport@agilent.com;
nolan.pachciarz@agilent.com
8. Capri/EGM-Va Acquision, LP Trade $183,281
200 West Madison, Suite 2800
Chicago, IL 60606
Phone: 312-827-2270
Email: contact@capri-egm.com
9. Oelrich Const Inc. Trade $137,694
275 NW 137th Drive
Suite A
Jonesville, FL 32669
Contact: Ashley Oelrich
Phone: 352-745-7877
Email: aoelrich@oelrichconstruction.com
10. Bio-Rad Laboratories Trade $84,965
1000 Aldred Noble Drive
Hercules, CA 94547
Contact: Kimberly Heeszel
Phone: 510-447-0128
Email: kimberly.heeszel@bio-rad.com;
lsg_servicecontracts@bio-rad.com
11. Nexa Trade $77,140
4593 Deep Creek Way
Doylestown, PA 18902
Contact: Jason White
Phone: 508 649 6259
Email: jason.white@nexaeam.com
12. Nexus Pharmaceuticals Trade $64,549
400 Knightsbridge Pkwy
Lincolnshire, IL 60069
Contact: Patricia Day
Phone: 847-996-3790
Email: pday@nexuspharma.net
13. UES Trade $59,164
5561 Florida Mining Blvd South
Jacksonville, FL 32257
Contact: Rick Kushner
Phone: 904-296-0757
Email: uesar@teamues.com;
rkushner@teamues.com
14. City Wide Facility Solutions Trade $49,521
9799 Us Highway 301
Hampton, FL 32044
Contact: Alex Harms
Phone: 904-737-4969
Email: aharms@gocitywide.com
15. G&I IX Marina Village Research Landlord GUC $47,030
Park LP
220 East 42nd Street
27th Floor
New York, NY 1001
Contact: Dan J. Poritzky
Phone: 415-378-2129
Email: dporitzky@blueriseventures.com
16. Packaging Tech & Insp Trade $38,530
8 Skyline Dr
Hawthorne, NY 10532
Contact: Ruth Harvin
Phone: 914-337-2005
Email: r.harvin@pti-ccit.com
17. Afton Scientific Trade $35,791
2020 Avon Court
Suite 1
Charlottesville, VA 22902
Contact: Katherine Brandt
Phone: 434-979-3737
Email: kbrandt@aftonscientific.com
18. Allucent (US) LLC Trade $30,547
20000 Centregreen Way
Suite 300
Cary, NC 27513
Contact: Chandana KP
Phone: 919-361-2286
Email: rdcfinance@allucent.com
19. Advanced Instruments Trade $30,481
2 Technology Way
Norwood, MA 02062
Contact: Nav Labana
Phone: 339-206-8939
Email: navl@aicompanies.com;
orders@aicompanies.com
20. Genvaiult Transport Services Trade $30,000
1351 Imperial Way
West Deptford, NJ 08066
Contact: C. Lavine
Phone: 609-206-9307
Email: clavine@genvault.com
AMBASSADOR VETERANS: Seeks to Hire Financial Consultant
-------------------------------------------------------
Ambassador Veterans Services of Puerto Rico LLC seeks approval from
the U.S. Bankruptcy Court for the District of Puerto Rico to employ
Luis R. Carrasquillo & Co., P.S.C. as financial consultant.
The firm's services include providing advice in strategic planning
and the preparation of Debtor's plan of reorganization, disclosure
statement and business plan, and participating in negotiations with
Debtor's creditors.
The firm will be paid at these rates:
Partner $200 per hour
External Accountant $200 per hour
Senior CPA $160 per hour
Accountant $60 to $110 per hour
Admin Support $45 per hour
The firm will be paid a retainer in the amount of $10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Carrasquillo Ruiz 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:
Luis R. Carrasquillo Ruiz
CPA Luis R. Carrasquillo & Co., P.S.C.
28th Street, TI - 26
Turabo Gardens, Caguas PR 00725
Tel: (787) 746-4555
(787) 746-4556
E-mail: luis@cpacarrasquillo.com
About Ambassador Veterans Services
of Puerto Rico LLC
Ambassador Veterans Services of Puerto Rico LLC operates a nursing
and intermediate care facility for veterans in Juana Diaz, Puerto
Rico. The Company provides residential healthcare services to
eligible veterans at its location in Barrio Amuelas.
Ambassador Veterans Services of Puerto Rico LLC sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.P.R. Case No.
25-02690) on June 13, 2025. In its petition, the Debtor reports
total assets of $2,567,403 and total liabilities of $4,068,135.
The Debtors are represented by Javier Vilarino, Esq. at Vilarino
and Associates LLC.
AMERICAN IMPACT: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
American Impact Windows and Doors, LLC received final approval from
the U.S. Bankruptcy Court for the Southern District of Florida,
Miami Division, to use cash collateral.
The final order authorized the Debtor to use cash collateral to pay
post-petition operating expenses through the hearing on
confirmation of its Subchapter V plan.
The confirmation hearing is set for August 27.
As protection for the Debtor's use of their cash collateral,
secured lenders will have, in their order of priority, a perfected
post-petition lien on the cash collateral to the same extent and
with the same validity and priority as their pre-bankruptcy liens.
In addition, the Debtor was ordered to maintain insurance coverage
pursuant to their loan agreements with lenders as further
protection.
As of the petition date, the Debtor owed $1,107,228.16 to secured
lenders, which include MNY Capital, Fox Funding Group, Joseph
Rodino, Merk Funding and Parkside Funding.
The secured lenders claim to have a security interest in accounts
and proceeds from the Debtor, including all accounts receivable and
payment rights arising out of or relating to merchant's sale or
delivery of goods and services due to Debtor after the date of
their security agreement.
The Debtor's primary assets consist of inventory, accounts
receivables, office furniture, fixtures, equipment and machinery.
It also had three bank accounts as of the petition date, with a
total balance of $18,864.06.
About American Impact Windows & Doors
American Impact Windows & Doors LLC installs and replaces
impact-resistant windows and doors for residential and commercial
clients. The Company's products are built to withstand severe
weather, including hurricanes, making them perfect for the region's
tough climate. The Company offers easy installations, a variety of
window and door options, and financing plans. It also provides
custom solutions like glass rails and storefront doors, along with
permit expediting services.
American Impact Windows & Doors LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12943) on
March 19, 2025. In its petition, the Debtor reported estimated
asserts up to $50,000 and estimated liabilities between $1 million
and $10 million.
Judge Laurel M. Isicoff handles the case.
The Debtor is represented by Carlos E. Sardi, Esq.
AMPLIFYBIO LLC: Hilco to Sell CRO Assets in Bankruptcy Deal
-----------------------------------------------------------
Hilco Global's real estate sales, commercial industrial and
intellectual property practices announced August 15, 2025, as the
bid deadline for the bankruptcy sale of a premier contract research
organization (CRO) facility formerly occupied by AmplifyBio.
Strategically located in West Jefferson, Ohio (Columbus MSA), the
sale is being conducted under the direction of the U.S. Bankruptcy
Court for the Southern District of Ohio, Case No. 25-52140 | In re:
AmplifyBio, LLC.
This sale includes real estate, intellectual property and machinery
and equipment, representing a rare opportunity to acquire a fully
integrated, purpose-built CRO facility. Built in 2012, the
205,000+/- SF facility features 65,000+/- SF of specialized lab
space, a 64-room vivarium (34,500+/- SF) with a one-way traffic
flow design and a fully equipped on-site surgical suite--making it
ideal for regulated, high-complexity research. The property also
features sophisticated infrastructure and enhanced security for
sensitive operations.
Engineered to support the development of pharmaceuticals,
biotechnology products and medical devices, the facility's
integrated laboratories are designed to deliver toxicology, safety
pharmacology and bioanalytic characterization capabilities, which
are all vital to advancing modern therapeutic innovations.
AmplifyBio, founded in 2021 and supported by over $200 million in
funding, quickly established itself as a leader in advanced therapy
development. The company specialized in cutting-edge technologies,
including gene editing, mRNA and T cell-based therapies and
operated state-of-the-art facilities in both Ohio and California.
AmplifyBio delivered integrated pre-clinical R&D, safety testing
and GMP manufacturing services for a wide range of biopharma
clients.
"This sale creates an exceptional opportunity for a buyer to
acquire a turnkey operation with Class-A laboratory and office
space, tailored for a wide range of advanced research
applications," said Joel Schneider, senior vice president at Hilco
Real Estate.
Brent Bonham, senior managing director of Hilco Commercial
Industrial, added, "This first-class, specialized facility includes
an extensive list of highly sophisticated equipment, ideally suited
for a broad spectrum of research. It presents a compelling
opportunity for CROs and other research companies to acquire
well-maintained infrastructure and lab components ready for
immediate use."
David Peress, executive vice president with Hilco Streambank,
included, "The AmplifyBio patent portfolio represents a unique
opportunity to acquire cutting-edge, clinically validated IP at the
forefront of immunotherapy and cell engineering. With 119 issued
and pending patents spanning non-viral gene editing,
antigen-specific TCR identification and engineered T cell
therapies, this portfolio includes clinically validated innovations
with broad applications across oncology and personalized
medicine."
Bids must be received on or before the deadline of August 15, 2025,
at 12:00 p.m. (EST) and must be submitted based on the existing
stalking horse Asset Purchase Agreement, which can be found for
review and download at Hilco Real Estate Sales' website.
Interested bidders should review the court-approved "bid
procedures" for requirements to participate in the sale process
available on Hilco Real Estate Sales' website. For all inquiries
and to request an on-site inspection, please contact Chet Evans at
(847) 418-2702 or amplifybio@hilcoglobal.com.
For additional details, due diligence access and other critical
information, visit Hilco Real Estate Sales' Virtual Data Room.
About Hilco Global
Hilco Global, based in Northbrook, Illinois, is the world's leading
authority on maximizing the value of business assets by delivering
valuation, monetization and advisory solutions to an international
marketplace. Hilco Global operates more than twenty specialized
business units offering services that include asset valuation and
appraisal, retail and industrial inventory acquisition and
disposition, real estate, and strategic capital equity investments.
US offices are located in Boston, Detroit, Chicago, New York and
Philadelphia. International offices include Australia, Canada, UK,
Germany, Netherlands, Mexico and locations throughout Asia.
About AmplifyBio LLC
AmplifyBio LLC is a preclinical contract research and manufacturing
organization based in Ohio that offers integrated services for
therapeutic development, including R&D, preclinical testing, and
scalable manufacturing for advanced therapies such as cell and gene
therapies, mRNA, and non-viral gene editing platforms. Formed as a
2021 spinout from Battelle Memorial Institute, the Company has
expanded through acquisitions and facility investments, including a
350,000-square-foot cGMP manufacturing site in New Albany. Its
wholly owned subsidiary, ADOC SSF, LLC, is fully integrated into
its operations and participates in scientific, operational, and
financial activities.
AmplifyBio LLC and affiliate sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ohio Lead Case No. 25 52140) on
May 16, 2025. In its petition, the Debtor reports estimated assets
between $100 million and $500 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Mina Nami Khorrami handles the case.
The Debtor is represented by Scott N. Opincar, Esq. and Maria G.
Carr, Esq. at MCDONALD HOPKINS LLC. HUTCHISON PLLC is the Debtor's
co-counsel. EPIQ CORPORATE RESTRUCTURING, LLC is the Debtors'
Notice, Claims and Balloting Agent.
AMYNTA GROUP: S&P Rates Proposed $350MM Unsecured Notes 'CCC+'
--------------------------------------------------------------
S&P Global Ratings assigned its 'CCC+' issue rating to Amynta
Agency Borrower Inc.'s and Amynta Warranty Borrower Inc.'s
(subsidiaries of Amynta Holdings LLC; collectively, Amynta Group)
proposed $350 million senior unsecured notes due 2033. S&P also
assigned a '6' recovery rating to the notes, indicating its
expectation for negligible recovery (0%-10%; rounded estimate: 5%)
in the event of default.
S&P expects the company to use the proceeds to fund a $220 million
shareholder dividend, repay revolver borrowings of $25 million, and
set aside cash for general corporate purposes, including
opportunistic acquisitions.
All existing ratings, including the 'B' long-term issuer credit
ratings on Amynta Holdings LLC, Amynta Agency Borrower Inc., and
Amynta Warranty Borrower Inc., are unchanged as a result of the
proposed new issuance. The outlook remains stable.
S&P said, "Pro forma for the proposed transaction, we estimate S&P
Global Ratings-adjusted leverage of 7.1x and EBITDA interest
coverage around 2.0x, versus leverage of 6.1x and coverage of 2.1x
at year-end 2024. While credit metrics are bordering our thresholds
for the current rating, we view this as a short-term development.
Given our expectations for solid earnings growth and no additional
material debt issuances over the next 12 months, we see credit
metrics improving by year-end 2025 to levels with modest cushion
against our downside thresholds (leverage below 7x and coverage
above 2x). We also expect Amynta to maintain a selective and
disciplined approach to mergers and acquisitions (M&A) --
deployment of balance sheet cash from this proposed transaction,
along with excess cash flows, toward potential M&A could support
further improvements to credit metrics. Amynta has not completed
any deals so far in 2025.
"In April, we raised our ratings on Amynta to 'B' from 'B-' on
improved credit metrics stemming from healthy earnings growth and
supportive capital management actions. We factored in a likely
debt-funded shareholder distribution at the time of this upgrade."
Amynta has continued to perform well and has demonstrated favorable
results. Total organic growth was robust at nearly 10% for the
first quarter of 2025, driven by strong organic growth of 17% in
the company's managing general agent (MGA) segment on exposure
growth and new business production. The company's warranty segment
had lighter organic growth of slightly under 2%, reflecting a
return to growth in vehicle warranty (though its smaller consumer
warranty business remains pressured). S&P said, "We view this as a
positive development after several years of decline in warranty due
to persistently challenging market conditions. We expect sustained
momentum in MGA and continued modest recovery in warranty to
support total top-line growth of 7%-11% through 2026."
Amynta's S&P Global Ratings-adjusted EBITDA margin (as a percentage
of net revenue) was 28% for the 12 months ended March 31, 2025,
flat relative to the same period last year. S&P said, "We think
this reflects the company's effective balancing of ongoing internal
investments with margin gains from scale efficiencies, along with
some modest lift from its recovering higher-margin auto warranty
business. We expect margins to remain stable on continued
execution."
ANCHOR CONSTRUCTION: Hires Bruner Wright PA as Counsel
------------------------------------------------------
Anchor Construction Group, LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Florida to employ
Bruner Wright, PA to handle its Chapter 11 case.
The firm will be paid at these hourly rates:
Robert Bruner, Attorney $450
Byron Wright III, Attorney $400
Samantha Kelley, Attorney $375
Paralegal $175
The firm received a retainer of $12,000 from the Debtor.
Mr. Wright 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:
Byron Wright III, Esq.
Bruner Wright, PA
2868 Reminton Green Circle, Suite B
Tallahassee, FL 32308
Tel: (850) 385-0342
Fax: (850) 270-2441
About Anchor Construction Group, LLC
Anchor Construction Group, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-40273) on
June 12, 2025, with $100,001 to $500,000 in assets and $500,001 to
$1 million in liabilities.
Byron Wright, III, Esq. at Bruner Wright, P.A. represents the
Debtor as legal counsel.
APPLE CENTRAL: Applebee's Loses Bid for Discretionary Abstention
----------------------------------------------------------------
Chief Judge Dale L. Somers of the United States Bankruptcy Court
for the District of Kansas denied the motion of Applebee's
Franchisor, LLC for discretionary abstention in the adversary
proceeding captioned as Apple Central KC, LLC, Plaintiff, v.
Applebee's Franchisor, LLC, Defendant, Adversary No. 25-6002
(Bankr. D. Kan.).
Applebee's Motion is seeking the Bankruptcy Court's abstention from
hearing Adversary Proceeding No. 25-06002 in favor of the United
States District Court for the District of Kansas. Apple Central KC,
LLC opposes the Motion.
Applebee's is a franchisor of restaurants known as Applebee's Grill
& Bar in the casual dining industry.
Applebee's entered into franchise agreements with the Debtor for
eight restaurants in the Kansas City area in the years 2015 through
2017. Under the Franchise Agreements, the Debtor was required to
operate the Restaurants on the agreed-upon terms and to make
regular payments of royalties and advertising fees to Applebee's.
The Debtor also took over the leases associated with certain
Restaurants by entering into lease assignment and assumption
agreements with various Applebee's affiliates.
On Oct. 30, 2024, the Debtor closed Restaurants without Applebee's
consent and stopped paying royalties and advertising fees. On the
same day, Applebee's filed its Complaint in the United States
District Court for the District of Kansas, Case No. 2:24-cv-02497.
Applebee's named the Debtor's principal and guarantors as
defendants, alleging they were liable for the Debtor's breaches of
the Franchise Agreements and Lease Assignments. And on that same
date, the Debtor filed its Chapter 11 Petition.
On Jan. 8, 2025, Applebee's filed its proof of claim in the amount
of $10,836,208.80 for damages it sustained from the Debtor's breach
of contract. On Jan. 13, 2025, the Debtor initiated the Adversary
Proceeding, asserting the following claims:
1) breach of the Franchise Agreements (Count I),
2) breach of the covenant of good faith and fair dealing with
respect to the Franchise Agreements (Count II), and
3) an objection to the Proof of Claim (Count III).
In its Answer, Applebee's denied the allegations, asserted several
affirmative defenses (e.g., failure to state a claim, waiver and
estoppel, statute of limitations, and failure to mitigate) and
added a counterclaim.
Applebee's argues the District Court is best suited to hear the
Adversary Proceeding because the counts of breach of contract and
breach of the covenant of good faith and fair dealing arise under
state law and are non-core. It contends the District Court
possesses an intimate knowledge of the Civil Action as a result of
the fairly advanced procedural posture of such action. It argues
permitting the Adversary Proceeding in the Bankruptcy Court would
delay the bankruptcy case and increase administrative expenses.
The Debtor counters that the claims it asserts in the Adversary
Proceeding are core because they will be considered in the context
of the Debtor's objection to the Proof of Claim, and the Bankruptcy
Court can enter final judgment on those core claims. In addition,
the Debtor argues several other factors weigh in favor of retention
of the Adversary Proceeding:
1) no party is entitled to a jury trial,
2) the Bankruptcy Court has significant familiarity with the
parties and the issues,
3) nothing in subchapter V precludes a debtor from asserting
core claims for damages for the benefit of unsecured creditors, and
4) administrative expenses will not increase because the
Debtor's retention of its attorneys is being paid by AFC Apple
Parent Holdings, LLC.
According to the Bankruptcy Court, because the determination of
liability under the Franchise Agreements is inextricably tied to
the consideration of the Proof of Claim, severing the contract
issues from the claim allowance process would be inefficient.
Additionally, presiding over this Adversary Proceeding will not
overly burden the Bankruptcy Court's current docket.
Furthermore, the Bankruptcy Court finds there is no evidence that
administrative costs will increase substantially if the Adversary
Proceeding is retained by the District Court. The Bankruptcy Court
also notes the defendants in the Civil Case are guarantors being
sued on a guaranty claim that is derivative of the claims brought
by Applebee's against the Debtor. The guarantors are not named in
the Adversary Proceeding. The Bankruptcy Court's judgment in the
Adversary Proceeding will be final and capable of being given
preclusive effect by the District Court in the Civil Case, thereby
minimalizing inconsistent results.
A copy of the Court's Memorandum Opinion and Order dated June 30,
2025, is available at https://urlcurt.com/u?l=3UveSq from
PacerMonitor.com.
About Apple Central KC
Apple Central KC LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 24-21427) on October 30,
2024. In the petition signed by Michael Rummel, authorized
signatory, the Debtor disclosed up to $10 million in assets and up
to $50 million in liabilities.
Judge: Dale L Somers oversees the case.
Frank Wendt, Esq., at Brown & Ruprecht, PC represents the Debtor as
legal counsel.
APPLE CENTRAL: Court Extends Cash Collateral Access to Sept. 30
---------------------------------------------------------------
Apple Central KC, LLC received a three-month extension from the
U.S. Bankruptcy Court for the District of Kansas to use the cash
collateral of Equity Bank.
The court's order extended the Debtor's authority to use cash
collateral from June 30 to September 30 to pay its expenses in
accordance with its budget.
Equity Bank, a secured creditor, was granted replacement security
interests in and liens on all property acquired by the Debtor after
its Chapter 11 filing that is similar to its pre-bankruptcy
collateral.
In case the replacement liens prove inadequate, Equity Bank will be
granted an administrative expense claim, subject to and subordinate
to a $250,000 carveout for professional fees and expenses.
As further protection to Equity Bank, the Debtor was ordered to
make payments to AGA Kansas City, LLC to avoid triggering a default
under the $500,000 letter of credit issued by the bank to secure
the Debtor's obligations under its settlement agreement with AGA
Kansas City.
A default in making those payments is a default by the Debtor of
the terms of the cash collateral order.
Equity Bank is represented by:
Nicholas J. Zluticky, Esq.
Stinson LLP
1201 Walnut, Suite 2900
Kansas City, MO 64106
Telephone: (816) 842-8600
Facsimile: (816) 691-3495
nicholas.zluticky@stinson.com
About Apple central KC
Apple Central KC LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 24-21427) on October 30,
2024. In the petition signed by Michael Rummel, authorized
signatory, the Debtor disclosed up to $10 million in assets and up
to $50 million in liabilities.
Judge: Dale L Somers oversees the case.
Frank Wendt, Esq., at Brown & Ruprecht, PC represents the Debtor as
legal counsel.
APPLE CENTRAL: Kansas Bankruptcy Court to Hear Franchise Dispute
----------------------------------------------------------------
Chief Judge Dale L. Somers of the United States Bankruptcy Court
for the District of Kansas recommends that the United States
District Court for the District of Kansas deny Applebee's
Franchisor, LLC's motion to withdraw the reference as it relates to
claims made by Apple Central KC, LLC against Applebee's in the
adversary proceeding captioned as Apple Central KC, LLC, Plaintiff,
v. Applebee's Franchisor, LLC, Defendant, Adversary No. 25-6002
(Bankr. D. Kan.).
Applebee's is a franchisor of restaurants known as Applebee's Grill
& Bar in the casual dining industry.
Applebee's entered into franchise agreements with the Debtor for
eight restaurants in the Kansas City area in the years 2015 through
2017. Under the Franchise Agreements, the Debtor was required to
operate the Restaurants on the agreed-upon terms and to make
regular payments of royalties and advertising fees to Applebee's.
The Debtor also took over the leases associated with certain
Restaurants by entering into lease assignment and assumption
agreements with various Applebee's affiliates.
On Oct. 30, 2024, the Debtor closed Restaurants without Applebee's
consent and stopped paying royalties and advertising fees. On the
same day, Applebee's filed its Complaint in the United States
District Court for the District of Kansas, Case No. 2:24-cv-02497.
Applebee's named the Debtor's principal and guarantors as
defendants,2alleging they were liable for the Debtor's breaches of
the Franchise Agreements and Lease Assignments. And on that same
date, the Debtor filed its Chapter 11 Petition.
On Jan. 8, 2025, Applebee's filed its proof of claim in the amount
of $10,836,208.80 In the Addendum to the Proof of Claim,
Applebee's states the claim is for damages it sustained from the
Debtor's breach of contract.
On Jan. 13, 2025, the Debtor initiated this adversary proceeding
against Applebee's. In its Complaint, the Debtor asserts the
following claims:
1) breach of the Franchise Agreements (Count I),
2) breach of the covenant of good faith and fair dealing with
respect to the Franchise Agreements (Count II), and
3) an objection to the Proof of Claim (Count III).
In its Answer, Applebee's denied the allegations, asserted several
affirmative defenses (e.g., failure to state a claim, waiver and
estoppel, statute of limitations, and failure to mitigate) and
added a counterclaim.
Applebee's seeks entry of an order withdrawing the reference of
this Adversary Proceeding to the Bankruptcy Court pursuant to 28
U.S.C. Sec. 157(d) and Bankruptcy Rule 5011(a) to consolidate all
disputes in the District Court.
Applebee's posits the Adversary Proceeding's Contract Claims are
noncore actions -- they present state law contract interpretation
issues with respect to the Franchise Agreements. They assert the
objection to Applebee's Proof of Claim must ultimately be resolved
based exclusively on the underlying state law determinations. The
Debtor counters that the Contract Claims are "core" (even though
they are based on state law) because they present the
quintessential scenario of state law claims asserted in bankruptcy
that must be resolved in the process of ruling on Applebee's proof
of claim, the latter being a core proceeding. Applebee's also
invoked the jurisdiction of the Bankruptcy Court by filing its
Proof of Claim, the Debtor argues, and the Bankruptcy Court has
authority to enter a final judgment on all the claims.
While the determination of the parties' obligations under the
Franchise Agreements -- as set forth in the Adversary Proceeding's
Complaint and Applebee's counterclaim -- may necessarily involve
state law issues, those issues must be considered by the Bankruptcy
Court as they are inextricably linked to the Proof of Claim and an
integral part of the its core function: to resolve the Debtor's
objection to the Proof of Claim. Thus, given a bankruptcy court's
statutory authority under 28 U.S.C. Sec. 157(b)(2)(B)-(C) and the
nature of the Adversary Proceeding, this matter is a core
proceeding in which the Bankruptcy Court may enter appropriate
orders and judgments.
Applebee's contends consolidating the disputes in the Civil Case
will promote judicial efficiency because the District Court already
has significant familiarity with the parties, the Franchise
Agreements, the history of the case, and related items. The
Bankruptcy Court, however, finds the record does not support this
argument. Because of the consistent activity in the Adversary
Proceeding, the Bankruptcy Court has become quite familiar with the
parties and their respective positions in the litigation. As a
result, judicial economy will be promoted by maintaining the
Adversary Proceeding in the Bankruptcy Court.
A district court may withdraw any case or proceeding referred under
28 U.S.C. Sec. 157 on a motion of any party for cause shown. The
Bankruptcy Court concludes Applebee's has not met its burden to
prove cause exists for withdrawal and is of the opinion that the
Adversary Proceeding is appropriate for its determination. The
Bankruptcy Court therefore requests that the District Court adopt
this Report and Recommendation and deny Applebee's Motion.
A copy of the Court's Report and Recommendation to dated June 30,
2025, is available at https://urlcurt.com/u?l=Thokmk from
PacerMonitor.com.
About Apple Central KC
Apple Central KC LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 24-21427) on October 30,
2024. In the petition signed by Michael Rummel, authorized
signatory, the Debtor disclosed up to $10 million in assets and up
to $50 million in liabilities.
Judge: Dale L Somers oversees the case.
Frank Wendt, Esq., at Brown & Ruprecht, PC represents the Debtor as
legal counsel.
APPLE CENTRAL: Loses Bid to Dismiss Applebee's Adversary Claims
---------------------------------------------------------------
Chief Judge Dale L. Somers of the United States Bankruptcy Court
for the District of Kansas denied the Apple Central KC, LLC's
motion to dismiss the claims of Applebee's Restaurants Kansas LLC
in the adversary proceeding captioned as Apple Central KC, LLC,
Plaintiff, v. Applebee's Franchisor, LLC, Adversary No. 25-6002
(Bankr. D. Kan.)
On Jan. 13, 2025, the Debtor initiated this adversary proceeding
against Applebee's Franchisor, LLC, asserting breach of contract,
breach of the covenant of good faith and fair dealing, and an
objection to Applebee's proof of claim. Applebee's denied the
allegations and asserted several affirmative defenses. Together
with Applebee's Restaurants Kansas LLC ("ARK"), Applebee's also
added a counterclaim listing several counts of breach of contract.
On March 28, 2025, the Debtor filed a Motion to Dismiss Applebee's
Restaurants Kansas LLC contending ARK's claims against the Debtor
should be barred because ARK did not file a timely proof of claim.
The Debtor makes two supporting arguments:
1) nowhere in the proof of claim does Applebee's state that it
is an authorized agent of ARK, or that is is signing the proof of
claim on behalf of ARK, and
2) since ARK has demanded a jury trial, it must not have
authorized a claim to be
filed on its behalf.
Applebee's asserts it was not required by law to name the
affiliates on whose behalf it filed the Proof of Claim but it
expressly named ARK and others, and was authorized to file the
claim on ARK's behalf. It also argues ARK's filing of the jury
demand has no bearing on whether ARK authorized Applebee's to file
the Proof of Claim on its behalf months earlier.
In the instant case, the Court finds the Debtor has not met its
burden. The Debtor cites no authority for the proposition that a
proof of claim must expressly provide that a corporate entity is
signing the claim on behalf of its affiliates, nor did the Court
find such authority.
The Court also agrees with ARK's position that ARK's filing of the
request for a jury trial has no bearing on whether Applebee's was
authorized to file the Proof of Claim on ARK's behalf months before
that request was made.
A copy of the Court's Memorandum Opinion and Order dated June 30,
2025, is available at https://urlcurt.com/u?l=EqnHNl from
PacerMonitor.com.
About Apple Central KC
Apple Central KC LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 24-21427) on October 30,
2024. In the petition signed by Michael Rummel, authorized
signatory, the Debtor disclosed up to $10 million in assets and up
to $50 million in liabilities.
Judge: Dale L Somers oversees the case.
Frank Wendt, Esq., at Brown & Ruprecht, PC represents the Debtor as
legal counsel.
AT HOME GROUP: Hires Kirkland & Ellis LLP as Bankruptcy Counsel
---------------------------------------------------------------
At Home Group Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Kirkland &
Ellis LLP and Kirkland & Ellis International LLP as their
attorneys.
The firm's services include:
a. advising the Debtors with respect to their powers and
duties as debtors in possession in the continued management and
operation of their businesses and properties;
b. advising and consulting on the conduct of these chapter 11
cases, including all of the legal and administrative requirements
of operating in chapter 11;
c. attending meetings and negotiating with representatives of
creditors and other parties in interest;
d. taking all necessary actions to protect and preserve the
Debtors' estates, including prosecuting actions on the Debtors'
behalf, defending any action commenced against the Debtors, and
representing the Debtors in negotiations concerning litigation in
which the Debtors are involved, including objections to claims
filed against the Debtors' estates;
e. preparing pleadings in connection with these chapter 11
cases, including motions, applications, answers, orders, reports,
and papers necessary or otherwise beneficial to the administration
of the Debtors' estates;
f. representing the Debtors in connection with obtaining
authority to continue using cash collateral and post petition
financing;
g. advising the Debtors in connection with any potential sale
of assets;
h. appearing before the Court and any appellate courts to
represent the interests of the Debtors' estates;
i. advising the Debtors regarding tax matters;
j. taking any necessary action on behalf of the Debtors to
negotiate, prepare, and obtain approval of a disclosure statement
and confirmation of a chapter 11 plan and all documents related
thereto; and
k. performing all other necessary legal services for the
Debtors in connection with the prosecution of these chapter 11
cases, including: (i) analyzing the Debtors' leases and contracts
and the assumption and assignment or rejection thereof; (ii)
analyzing the validity of liens against the Debtors' assets; and
(iii) advising the Debtors on corporate and litigation matters.
Kirkland's current hourly rates are:
Partners $1,295 to $2,675
Of Counsel $875 to $2,245
Associates $785 to $1,625
Paraprofessionals $355 to $705
Kirkland received a retainer in the amount of $450,000.
Nicole Greenblatt, Esq., a partner at Kirkland & Ellis LLP,
disclosed in court filings that the firm is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
Ms. Greenblatt also made the following disclosures in response to
the request for additional information set forth in Section D.1 of
the U.S. Trustee Guidelines:
Question: Did Kirkland agree to any variations from, or
alternatives to, Kirkland's standard billing arrangements for this
engagement?
Answer: No. Kirkland and the Debtors have not agreed to any
variations from, or alternatives to, Kirkland's standard billing
arrangements for this engagement. The rate structure provided by
Kirkland is appropriate and is not significantly different from (a)
the rates that Kirkland charges for other non-bankruptcy
representations or (b) the rates of other comparably skilled
professionals.
Question: Do any of the Kirkland professionals in this
engagement vary their rate based on the geographic location of the
Debtors' chapter 11 cases?
Answer: No. The hourly rates used by Kirkland in representing
the Debtors are consistent with the rates that Kirkland charges
other comparable chapter 11 clients, regardless of the location of
the chapter 11 case.
Question: If Kirkland has represented the Debtors in the 12
months prepetition, disclose Kirkland's billing rates and material
financial terms for the prepetition engagement, including any
adjustments during the 12 months prepetition. If Kirkland's billing
rates and material financial terms have changed post petition,
explain the difference and the reasons for the difference.
Answer: Kirkland's current hourly rates for services rendered on
behalf of the Debtors range as follows:
Partners $1,295 to $2,675
Of Counsel $875 to $2,245
Associates $785 to $1,625
Paraprofessionals $355 to $705
Kirkland represented the Debtors from June 1, 2024, to
December 31, 2024, using the hourly rates listed below:
Partners $1,195 to $2,465
Of Counsel $820 to $2,245
Associates $745 to $1,495
Paraprofessionals $325 to $625
Question: Have the Debtors approved Kirkland's budget and
staffing plan, and, if so, for what budget period?
Answer: Yes, for the period from June 16, 2025 through October
31, 2025.
The firms can be reached through:
Nicole L. Greenblatt, P.C.
Susan D. Golden, Esq.
Kirkland & Ellis, LLP
Kirkland & Ellis International, LLP
601 Lexington Avenue
New York, NY 10022
Telephone: (212) 446-4800
Facsimile: (212) 446-4900
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.
AT HOME GROUP: Hires Omni Agent as Administrative 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 administrative agent.
The firm will provide these services:
(a) assist with, among other things, solicitation, balloting
and tabulation of votes, and prepare any related reports, as
required in support of confirmation of a Chapter 11 plan, and in
connection with such services, process requests for documents from
parties in interest;
(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 other administrative services described in the Engagement
Agreement.
Prior to petition date, the firm received a retainer of $75,000
from the Debtors.
Paul Deutch, an executive vice president of Omni Agent Solutions,
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 H. Deutch
Omni Agent Solutions Inc.
5955 De Soto Ave., Suite 100
Woodland Hills, CA 91367
Telephone: (818) 906-8300
Facsimile: (818) 783-2737
Email: lacontact@omniagnt.com
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.
AT HOME GROUP: Taps AlixPartners LLP as Financial Advisor
---------------------------------------------------------
At Home Group Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ
AlixPartners, LLP as financial advisor.
The firm will render these services:
-- assist the Debtors with development of their rolling 13-week
cash receipts and disbursements forecasting, including through the
use of a tool designed to provide on time information related to
the Debtors' liquidity;
-- support the Debtors' financial and treasury functions
including, without limitation, by assisting in cash management
strategies, planning, general accounting, financial reporting
information management and strengthening the core competencies of
the finance organization;
-- work with Debtors' management to obtain covenant relief from
its bank lenders and other creditors;
-- work with the Debtors to identify, implement, and monitor both
short-term and long-term liquidity generating initiatives;
-- assist the Debtors with analyzing performance improvement and
cash enhancement opportunities, including assisting with cost
reduction initiatives, operational improvement initiatives,
accounts receivable management and accounts payable process
improvement opportunities;
-- provide assistance to management in connection with the
Debtors' development of their revised business plan, and such other
related forecasts as may be required by lenders in connection with
negotiations or by the Debtors for other corporate purposes;
-- assist the Debtors in the design and implementation of a
restructuring strategy designed to maximize enterprise value,
taking into account the unique interests of all constituencies;
-- work with management to develop a restructuring strategy and
evaluate, negotiate, and implement restructuring initiatives and
strategic alternatives;
-- assist the Debtors with their communications and/or
negotiations with outside parties including the Debtors'
stakeholders, banks, and potential acquirers of the Debtors' assets
and advisors to the foregoing;
-- assist Debtors' management and its professionals specifically
assigned to sourcing, developing, negotiating, and implementing any
financing, including DIP and exit financing facilities, in
conjunction with a plan of reorganization and the overall
restructuring;
-- assist in preparing for and filing a bankruptcy petition,
coordinating and providing administrative support for the
proceedings, and developing the Debtors' disclosure statement and
plan of reorganization or other appropriate case resolution, if
necessary;
-- advise the Debtors on the financial reporting requirements
attendant to a bankruptcy filing, including but not limited to
court orders, court-approved transactions, emergence, and
fresh-start reporting;
-- assist management in preparing and testing accounting systems
in order to perform appropriate accounting cut-off after the
Petition Date;
-- assist with the preparation of documents such as a liquidation
analysis, the statements of financial affairs, schedules of assets
and liabilities, potential preference analysis, claims analysis,
monthly operating reports and other regular reports required by the
Court;
-- manage the claims and claims reconciliation processes;
-- conduct eDiscovery, document review and forensic data services
required in conjunction with any document requests or other
discovery;
-- provide testimony and litigation support services regarding
any of the matters to which AlixPartners is providing services;
-- meet with lenders, unsecured creditors' committee and other
statutory or unofficial committees, if any, in connection with any
bankruptcy filing, as necessary, to provide general process updates
and other information as may be requested by the Debtors;
-- provide post confirmation services, as may be necessary, to
support the chapter 11 plan and emergence; and
-- assist the Debtors with such other matters as may be requested
that fall within AlixPartners' expertise and that are mutually
agreeable.
AlixPartners' current standard hourly rates are:
Partner/ Partner &
Managing Director $1,225 to $1,540
Senior Vice President/
Director $850 to $1,150
Vice President $650 to $835
Analyst / Consultant $250 to $640
AlixPartners received a retainer in the amount of $700,000.
David Orlofsky, managing director of AlixPartners, 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 Orlofsky
AlixPartners, LLP
909 Third Avenue, Floor 30
New York, NY 10022
Telephone: (212) 490-2500
Facsimile: (212) 490-1344
Email: dorlofsky@alixpartners.com
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.
AZUL SA: Hire Davis Polk & Wardwell LLP as Attorney
---------------------------------------------------
Azul S.A. and its affiliates seek approval from the U.S. Bankruptcy
Court for the Southern District of New York to employ Davis Polk &
Wardwell LLP as attorney.
The firm's services include:
a. preparing, on behalf of the Debtors all necessary or
appropriate motions, applications, objections, replies, answers,
orders, reports, and other papers in connection with the
administration of the Debtors' estates;
b. counseling the Debtors with regard to their rights and
obligations as debtors in possession and their powers and duties in
the continued management and operation of their businesses and
properties;
c. providing advice, representation, and preparation of
necessary documentation and pleadings and taking all necessary or
appropriate actions in connection with debt restructuring,
statutory bankruptcy issues, post-petition financing, strategic
transactions, securities laws, and real estate, environmental,
intellectual property, employee benefits, business and commercial
litigation, and corporate and tax matters;
d. taking all necessary or appropriate actions to protect and
preserve the Debtors' estates, including the prosecution of actions
on the Debtors' behalf, the defense of any actions commenced
against the Debtors, the negotiation of disputes in which the
Debtors are involved, and the preparation of objections to claims
filed against the Debtors' estates;
e. taking all necessary or appropriate actions in connection
with any chapter 11 plan, any related disclosure statement, and all
related documents and such further actions as may be required in
connection with the administration of the Debtors' estates; and
f. acting as general restructuring counsel for the Debtors and
performing all other necessary or appropriate legal services in
connection with the Chapter 11 Cases.
The firm will be paid at these rates:
Partners $2,140 to $2,645 per hour
Counsels $1,790 to $2,040 per hour
Associates 730 to $1,780 per hour
Paraprofessionals $505 to $715 per hour
Prior to the Petition Date, the firm received from the Debtor an
advance retainer in the amount of $5,000,000. As of the Petition
Date, the remaining Retainer balance held by the firm was
$466,950.51.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following is provided in response to the request for additional
information set forth in Section D.1 of the UST Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: Davis Polk has agreed to a discount off of its standard
rates.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: As of the Petition Date, the applicable rates for
timekeepers on this matter were as follows: $2,140 to $2,645 per
hour for partners; $1,790 to $2,040 per hour for counsel; $730 to
$1,780 per hour for associates; and $505 to $715 per hour for
paraprofessionals. Davis Polk represented the Debtors during the
12-month period prior to the Petition Date and, during that time,
the range of Davis Polk's rates were as follows: $1,915 to $2,645
per hour for partners; $1,725 to $2,040 per hour for counsel; $695
to $1,780 per hour for associates; and $460 to $715 per hour for
paraprofessionals. Davis Polk's billing rates and material
financial terms have not changed post-petition.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: The Debtors and Davis Polk have discussed the staffing
requirements of these Chapter 11 Cases and have agreed that a
formal budget and staffing plan are not necessary given the
anticipated scope and duration of these proceedings. The Court has
approved a general 13-week Debtor budget on an interim basis, which
includes Davis Polk's engagement and which budget is set forth in
set forth in Exhibit 2 to the Motion of Debtors for Entry of
Interim and Final Orders.
Timothy Graulich, Esq., a partner at Davis Polk & Wardwell LLP,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Timothy Graulich
DAVIS POLK & WARDWELL LLP
450 Lexington Avenue
New York, NY 10017
Tel: (212) 450-4000
About Azul S.A.
Azul S.A. (B3: AZUL4, NYSE: AZUL), the largest airline in Brazil by
number of flight departures and cities served, offers 900 daily
flights to over 150 destinations. With an operating fleet of over
200 aircrafts and more than 15,000 Crewmembers, the Company has a
network of 300 non-stop routes. Azul was named by Cirium (leading
aviation data analysis company) as the most on-time airline in the
world in 2023. In 2020, Azul was awarded best airline in the world
by TripAdvisor, the first time a Brazilian flag carrier earned the
number one ranking in the Traveler's Choice Awards. On the Web:
http://www.voeazul.com.br/imprensa
On May 28, 2025, Azul S.A. and 19 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11176).
The cases are pending before Judge Sean H. Lane.
The Company is supported by Davis Polk & Wardwell LLP, White & Case
LLP, and Pinheiro Neto Advogados as legal counsel; FTI Consulting
as financial advisor; Guggenheim Securities, LLC as investment
banker; SkyWorks Capital LLC as fleet advisor; and FTI Consulting,
C Street Advisory Group, and MassMedia as strategic communications
advisors. Stretto is the claims agent.
The Participating Lenders are supported by Cleary Gottlieb Steen &
Hamilton LLP and Mattos Filho as legal counsel and PJT Partners as
investment banker.
United Airlines is supported by Hughes Hubbard & Reed LLP and
Sidley Austin LLP as legal counsel and Barclays Investment Bank as
investment banker.
American Airlines is supported by Latham & Watkins LLP as legal
counsel.
AerCap is supported by Pillsbury Winthrop Shaw Pittman LLP as legal
Counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Azul S.A.
and its affiliates.
AZUL SA: Hire Stretto Inc. as Administrative Advisor
----------------------------------------------------
Azul S.A. and its affiliates seek approval from the U.S. Bankruptcy
Court for the Southern District of New York to employ Stretto, Inc.
as administrative advisor.
The firm will provide these services:
a. assist with, among other things, solicitation, balloting,
and tabulation of votes; prepare any related reports, as required
in support of confirmation of a chapter 11 plan;
b. prepare an official ballot certification and, if necessary,
testify in support of the ballot tabulation results;
c. assist with the preparation of the Debtors' schedules of
assets and liabilities and statements of financial affairs and
gather data in conjunction therewith;
d. assist with the preparation of the Debtors' monthly
operating reports and gather data in conjunction therewith;
e. manage and coordinate any distributions pursuant to a
chapter 11 plan if designated as distribution agent under such
plan; and
f. provide claims analysis and reconciliation, case research,
and any related services otherwise required by applicable law,
governmental regulations, or court rules or orders in connection
with these Chapter 11 Cases.
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 an advance retainer in the amount of $225,000.
Sheryl Betance, a partner at Stretto, Inc., disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Sheryl Betance
Stretto, Inc.
410 Exchange, Ste. 100
Irvine, CA 92602
Tel: (714) 716-1872
Email: sheryl.betance@stretto.com
About Azul S.A.
Azul S.A. (B3: AZUL4, NYSE: AZUL), the largest airline in Brazil by
number of flight departures and cities served, offers 900 daily
flights to over 150 destinations. With an operating fleet of over
200 aircrafts and more than 15,000 Crewmembers, the Company has a
network of 300 non-stop routes. Azul was named by Cirium (leading
aviation data analysis company) as the most on-time airline in the
world in 2023. In 2020, Azul was awarded best airline in the world
by TripAdvisor, the first time a Brazilian flag carrier earned the
number one ranking in the Traveler's Choice Awards. On the Web:
http://www.voeazul.com.br/imprensa
On May 28, 2025, Azul S.A. and 19 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11176).
The cases are pending before Judge Sean H. Lane.
The Company is supported by Davis Polk & Wardwell LLP, White & Case
LLP, and Pinheiro Neto Advogados as legal counsel; FTI Consulting
as financial advisor; Guggenheim Securities, LLC as investment
banker; SkyWorks Capital LLC as fleet advisor; and FTI Consulting,
C Street Advisory Group, and MassMedia as strategic communications
advisors. Stretto is the claims agent.
The Participating Lenders are supported by Cleary Gottlieb Steen &
Hamilton LLP and Mattos Filho as legal counsel and PJT Partners as
investment banker.
United Airlines is supported by Hughes Hubbard & Reed LLP and
Sidley Austin LLP as legal counsel and Barclays Investment Bank as
investment banker.
American Airlines is supported by Latham & Watkins LLP as legal
counsel.
AerCap is supported by Pillsbury Winthrop Shaw Pittman LLP as legal
Counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Azul S.A.
and its affiliates.
AZUL SA: Hires Guggenheim Securities LLC as Investment Banker
-------------------------------------------------------------
Azul S.A. seeks approval from the U.S. Bankruptcy Court for the
Southern District of New York to employ Guggenheim Securities, LLC
as investment banker.
The firm will provide these services:
a. review and analysis of the business, financial condition and
prospects of the Company;
b. evaluation of the liabilities of the Company, its debt
capacity and its strategic and financial alternatives;
c. In connection with any Transaction:
i. evaluation from a financial and capital markets point of
view of alternative structures and strategies for implementing the
Transaction;
ii. preparation of offering, marketing, disclosure or other
transaction materials concerning the Company and the Transaction
for distribution and presentation to the applicable Transaction
Counterparties;
iii. development and implementation of a marketing plan with
respect to such Transaction;
iv. identification and solicitation of, and the review of
proposals received from, the Investors and other prospective
Transaction Counterparties; and
v. Negotiation of the Transaction;
d. In connection with any Transaction the Company determines to
pursue or effect in connection with a Bankruptcy Case, evaluation,
from a financial point of view, of alternative strategies for
implementing and seeking approval of any such Transaction; and
e. Such other matters as may be agreed upon by Guggenheim
Securities and the Company in writing (including without limitation
via email) during the term of the engagement.
The firm will be paid at these rates:
a) Monthly Fees.
i. The Company will pay Guggenheim Securities a non-refundable
cash fee of $250,000 per month (each, a "Monthly Fee"), which will
be due and paid by the Company in advance promptly upon the first
day of each calendar month during the period from June 1, 2025
until the termination of Guggenheim Securities' engagement under
the Engagement Letter, in each case, whether or not any Transaction
is consummated.
ii. With respect to (and solely with respect to) the first
through (and including) the third full Monthly Fees actually paid
under the Engagement Letter, an amount equal to 100% of such
Monthly Fees shall be credited against any Restructuring
Transaction Fee or Sale Transaction Fee that thereafter becomes
payable pursuant to Sections 4(b) or 4(d) of the Engagement Letter,
respectively (it being understood that, once credited against any
one of the foregoing fees, any such amount of the Monthly Fee so
credited cannot be credited again against any other fee payable
under the Engagement Letter).
b) Restructuring Transaction Fee.
i. If any Restructuring Transaction is consummated, then the
Company will pay Guggenheim Securities a cash fee (each, a
"Restructuring Transaction Fee") in an amount equal to:
A. In connection with any Restructuring Transaction
consummated at any time prior to February 1, 2026, $15,750,000; or
B. In connection with any Restructuring Transaction
consummated as of or at any time following February 1, 2026,
$21,000,000.
ii. Any such Restructuring Transaction Fee will be payable
promptly upon the consummation of any Restructuring Transaction;
provided, however, that the Restructuring Transaction Fee in
connection with any Restructuring Transaction that is contemplated
to be effectuated pursuant to Section 3(a)(9) of the Securities Act
of 1933, as amended (the "Securities Act"), will be fully earned
and payable on the date that definitive offer documents for the
related exchange offer under Section 3(a)(9) of the Securities Act
are first distributed to creditors whose claims would be affected
thereby, without regard to the results of such exchange offer or
any other contingency. For the avoidance of doubt, with respect to
(and solely with respect to) any Restructuring Transaction
effectuated pursuant to Section 3(a)(9) of the Securities Act, the
only Restructuring Transaction Fee payable under the Engagement
Letter on account of each such Restructuring Transaction shall be
the fee payable pursuant to the proviso clause in the immediately
preceding sentence.
c) Financing Fee(s).
i. If any Financing Transaction is consummated, then, in each
case, the Company will pay Guggenheim Securities one or more cash
fees (each, a "Financing Fee") in an amount equal to the sum of:
A. 125 basis points (1.25%) of the aggregate face amount of
any debt obligations to be issued or raised by the Company
(including the face amount of any related commitments) in any Debt
Financing that (x) is secured by first priority liens over the
Company's assets and/or (y) constitutes "debtor in possession
financing" effectuated in connection with a Bankruptcy Case, plus
B. 250 basis points (2.50%) of the aggregate face amount of
any debt obligations to be issued or raised by the Company
(including the face amount of any related commitments) in any Debt
Financing that is not covered by Section 4(c)(i)(A) of the
Engagement Letter, plus
C. 350 basis points (3.50%) of the aggregate amount of gross
proceeds raised by the Company in any Equity Financing (including
the face amount of any related commitments); plus
D. With respect to any other securities or indebtedness issued
that is not otherwise covered by Sections 4(c)(i)(A) to 4(c)(i)(C)
of the Engagement Letter, such financing fees, underwriting
discounts, placement fees or other compensation as customary under
the circumstances and mutually agreed in advance by the Company and
Guggenheim Securities.
ii. Without limiting any of the foregoing or other provisions of
Section 4(c) of the Engagement Letter (including without limitation
the Company's obligation to pay Guggenheim Securities the Financing
Fees as and when specified above), with respect to (and solely with
respect to) any Excluded Financing, the Company shall not, solely
on account of the consummation of any such Excluded Financing, be
required to pay Guggenheim Securities any Financing Fee under the
Engagement Letter.
iii. Financing Fees for any Financing Transaction will be
payable upon the consummation of the related Financing
Transaction.
iv. An amount equal to 100% of any Creditor-Related DIP Fee
actually paid to Guggenheim Securities under the Engagement Letter
shall be credited against any Creditor-Related Exit Fee that
thereafter becomes payable under the Engagement Letter; it being
understood that any such amount of such Creditor-Related DIP Fee
can only be credited once against (and solely up to the amount of)
any such Creditor-Related Exit Fee and, once so credited, cannot be
credited against any other fee payable under the Engagement Letter
(nor, for the avoidance of doubt, can any portion of any
Creditor-Related DIP Fee be credited against any
portion of any Exit-Related Fee that does not also constitute a
Creditor Related Exit Fee).
d) Sale Transaction Fees.
i. If any Sale of Control Transaction is consummated, then, in
each case, the Company will pay Guggenheim Securities a cash fee
(each, a "Sale Transaction Fee") in an amount equal to:
A. In connection with any Sale of Control Transaction
consummated at any time prior to February 1, 2026,
$15,750,000; or
B. In connection with any Sale of Control Transaction
consummated as of or at any time following February 1, 2026,
$21,000,000.
ii. Any such Sale Transaction Fee will be payable promptly upon
the consummation of any Sale of Control Transaction.
e) Expense Reimbursement.
i. In addition to any fees payable by the Company to Guggenheim
Securities under the Engagement Letter, the Company will, whether
or not any Transaction contemplated by the Engagement Letter will
be proposed or consummated, reasonably promptly reimburse
Guggenheim Securities, upon request, for its reasonable and
documented travel and all other reasonable and documented
out-of-pocket expenses incurred in connection with or arising out
of the Engagement Letter, including Guggenheim Securities' entering
into the Engagement Letter, Guggenheim Securities' activities under
or as contemplated by the Engagement Letter or Guggenheim
Securities' enforcing its rights under the Engagement Letter,
including all reasonably incurred (and documented) fees,
disbursements and other charges of (x) any legal counsel retained
by Guggenheim Securities and (y) any other consultants and advisors
reasonably required to be retained by Guggenheim Securities.
Homer Parkhill, a Senior Managing Director at Guggenheim
Securities, LLC, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Homer Parkhill
Guggenheim Securities, LLC
330 Madison Avenue
New York, NY 10017
Tel: (212) 739-0700
About Azul S.A.
Azul S.A. (B3: AZUL4, NYSE: AZUL), the largest airline in Brazil by
number of flight departures and cities served, offers 900 daily
flights to over 150 destinations. With an operating fleet of over
200 aircrafts and more than 15,000 Crewmembers, the Company has a
network of 300 non-stop routes. Azul was named by Cirium (leading
aviation data analysis company) as the most on-time airline in the
world in 2023. In 2020, Azul was awarded best airline in the world
by TripAdvisor, the first time a Brazilian flag carrier earned the
number one ranking in the Traveler's Choice Awards. On the Web:
http://www.voeazul.com.br/imprensa
On May 28, 2025, Azul S.A. and 19 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11176).
The cases are pending before Judge Sean H. Lane.
The Company is supported by Davis Polk & Wardwell LLP, White & Case
LLP, and Pinheiro Neto Advogados as legal counsel; FTI Consulting
as financial advisor; Guggenheim Securities, LLC as investment
banker; SkyWorks Capital LLC as fleet advisor; and FTI Consulting,
C Street Advisory Group, and MassMedia as strategic communications
advisors. Stretto is the claims agent.
The Participating Lenders are supported by Cleary Gottlieb Steen &
Hamilton LLP and Mattos Filho as legal counsel and PJT Partners as
investment banker.
United Airlines is supported by Hughes Hubbard & Reed LLP and
Sidley Austin LLP as legal counsel and Barclays Investment Bank as
investment banker.
American Airlines is supported by Latham & Watkins LLP as legal
counsel.
AerCap is supported by Pillsbury Winthrop Shaw Pittman LLP as legal
Counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Azul S.A.
and its affiliates.
AZUL SA: Hires Skyworks Capital as Financial Advisor
----------------------------------------------------
AZUL S.A. seeks approval from the U.S. Bankruptcy Court for the
Southern District of New York to employ Skyworks Capital, LLC as
fleet restructuring financial advisor.
The firm will provide these services:
A. General Financial Advisory Services. In connection with the
Debtors' Chapter 11 Cases, SkyWorks shall provide assistance to the
Debtors with certain fleet related financial advisory services
(collectively, the "Fleet Related Financial Advisory Services") as
outlined below:
(i) Provide the Debtors its general views for creating savings
or other benefits for the Debtors with respect to its fleet lease
and debt obligations as well as aircraft and engine manufacturer
("OEM") agreements;
(ii) SkyWorks will acquaint itself, to the extent required to
perform its duties under the Engagement Letter, with the business,
operations, properties and condition (financial or otherwise) and
prospects of the Debtors, including performing a review and
assessment of the existing terms and conditions of its aircraft and
engine lease and debt obligations as well as all OEM fleet related
obligations ("Fleet Obligations") with information and
documentation surrounding such Fleet Obligations, including
maintenance status of the aircraft;
(iii) SkyWorks, in conjunction with the Debtors, will review
and understand the business and fleet plan that has been developed
by the Debtors and analyze and advise the Debtors in respect of the
same;
(iv) SkyWorks will coordinate and participate in strategy
discussions with the Debtors, investment banks and other advisors
to the Company as appropriate to ensure coordination amongst all
parties;
(v) Skyworks will prepare analysis and recommendations of
additional measures on current leases and financings, if any, that
the Debtors may wish to seek on its Fleet Obligations, taking into
account factors such as existing lease terms, current maintenance
conditions, MRO7 access/spare engine
availability, deferred liabilities, etc.;
(vi) SkyWorks will provide the Debtors with a plan to reduce
capacity and facilitate the Debtors' preferred fleet transition
based on the Debtors' latest fleet plan, including rejection and
abandonment planning for certain aircraft, identifying aircraft
that can potentially be sold, refinanced, etc., in order to raise
cash, or which could be used for a DIP (or similar) financing;
(vii) SkyWorks will work with the Debtors to develop a
comprehensive plan for the restructuring of the Debtors' Fleet
Obligations and provide the cash flow changes associated with such
targeted revised Fleet Obligations to be included in the Debtors'
business plan and DIP sizing forecast, taking into account the
effects of cross-default and cross-collateralization provisions,
letters of credit and other documentation terms that may have an
effect on negotiations and potential savings;
(viii) SkyWorks will recommend various courses of action to
the Debtorsfor each fleet-related creditor, subject in all cases to
the Debtors' approval;
(ix) SkyWorks will lead negotiations with lessors and lenders
to achieve concessions and/or support for the Debtors to reduce its
current obligations, including by means of amendments to the
Debtors' leases and financing documents, working with the Company
and its legal advisors to best utilize the Company's participation
in such discussions;
(x) SkyWorks will assist the Debtors' legal team and external
legal counsel to document amendments to the Debtors' existing lease
and debt-related agreements, consistent with the above and assist
the Debtors' legal counsel and other advisors to prepare a list of
aircraft creditors and related exposure and generally work with
Company's legal counsel to help prepare any necessary court
filings;
(xi) SkyWorks will meet with the unsecured creditors committee
and other statutory or unofficial committees, if any, in connection
with the Chapter 11 Cases, as necessary to provide general process
updates and to provide such information as may be requested by the
Debtors; and
(xii) Prepare a summary of all fleet-related cost savings
achieved, in a presentation that can be shared with management
and/or the Board, the committee of unsecured creditors and other
constituents to confirm savings obtained.
B. Additional Consulting Services. SkyWorks will provide the
following services in connection with the Chapter 11 Cases (the
"Additional Consulting Services"):
(i) SkyWorks shall assist the Debtors in arranging
sale/leasebacks (each, a "Sale/Leaseback Financing"), Pre-Delivery
Financing ("PDP Financing") or other debt financing as the Debtors
may elect (each, a "Financing");
(ii) SkyWorks shall assist the Debtors in determining an
unsecured/pre-petition aircraft claims methodology, reviewing
submitted claims and negotiating claims with creditors and
monitoring the aircraft claims pool (the "Claims Process") and
working with the committee of unsecured creditors to convey the
Debtors' approach as to the Claims Process;
(iii) SkyWorks shall assist with the potential lease-in of
additional aircraft to the Debtors ("Lease-In Services"), including
conducting a request for proposal ("RFP") process; calling upon and
working with lessors with orderbooks, for the lease-in of desired
aircraft; providing the Debtors with analysis on the aircraft that
would best suit the Debtors' needs from a technical and cost
perspective; and negotiating letters of intent ("LOI") and lease
agreements on any aircraft that the Debtors desire to lease-in;
and
(iv) SkyWorks shall assist with the renegotiation of existing
and/or the creation and negotiation of new aircraft or engine
orders and /or maintenance contracts for the Debtors ("OEM and
Maintenance Contract Services"), including reviewing up to four OEM
or maintenance contracts, understanding that certain of the
contracts may be interconnected, and evaluating the cost
effectiveness of each; evaluating possible cost savings that may be
available through negotiation of such contracts; assisting the
Debtors and the Debtors' legal counsel in developing the commercial
terms of OEM agreements or maintenance and repair agreements, as
may be necessary or advisable, for the Debtors to reduce payments
to OEMs and/or maintenance performers and, if applicable, related
maintenance reserves or
expected financial adjustments at lease end.
C. Financial Planning & Analysis Services. Upon request of the
Debtors and agreement by SkyWorks, SkyWorks shall assist the
Debtors with respect to financial planning and analysis related to
Azul's fleet, including but not limited to, aircraft maintenance
obligations, business plan forecasting for current and renegotiated
maintenance contracts, maintenance planning support, maintenance,
repair, and overhaul provider induction analysis, and aircraft
lessor maintenance obligations (collectively, the "Other Services"
and together with the Fleet Related Financial Advisory Services and
Additional Consulting Services, the "Services").
The firm will be paid as follows:
(i) General Financial Advisory Fees. From the commencement of
the engagement on May 12, 2025 until the 10 th monthly anniversary
of the commencement of the engagement, the Debtors agree to pay to
SkyWorks for Services outlined in Section 1(A) of the Engagement
Letter a monthly fee (the "Initial Monthly Fee") of $475,000 per
month, payable in advance, with the first such payment due upon
execution of this Agreement, and each subsequent payment of an
Initial Monthly Fee being due on the monthly anniversary of the
commencement of the engagement. For the avoidance of doubt, there
shall be 9 payments paid in advance at the rate of $475,000 per
month.
(ii) Commencing at the beginning of the 10 th monthly
anniversary of the commencement of the Engagement and thereafter,
the Initial Monthly Fee shall be reduced to $350,000 per month (the
"Continuing Monthly Fee"), payable in advance. The obligation to
pay a Continuing Monthly Fee shall continue until the Debtors no
longer wish to engage SkyWorks.
(iii) Transaction Fees. SkyWorks will be paid transaction fees
(the "Transaction Fees") equal to: (A) $100,000 for each aircraft
and each engine restructured or returned (including rejection or
abandonment) that provides liquidity relief or savings to the
Company and (B) $200,000 for each OEM or maintenance agreement
rejected, that provides liquidity relief or savings to the Company.
Transaction Fees will be paid upon execution of documentation
evidencing the savings and/or liquidity relief or court approval of
any rejected or abandoned contracts.
(iv) Financing Fees. In connection with the Services outlined in
Section 1(B)(i) as it pertains to a Financing, SkyWorks will be
paid a fee of 35 basis points multiplied by the sales price of any
aircraft sold or aggregate debt financing raised, subject to a
floor of $150,000 per aircraft (the "Financing Fee"). Such
Financing Fees will be paid as and when a lease or mortgage or PDP
agreement is completed between the Debtors and the financing
party.
(v) Claims Advisory Fees. In connection with the Services
rendered under Section 1(B)(ii) as it pertains to the Claims
Process, the Debtors shall pay SkyWorks fees (the "Claims Advisory
Fees"), commencing on the date SkyWorks begins working on the
Claims Process, with such Claims Advisory Fees billed hourly in
accordance to the rates set forth in Schedule Bof the Engagement
Letter, 9 through the date that SkyWorks finishes such Claims
Process work or is terminated with respect thereto by the Debtors.
(vi) Lease In Services Fees. In connection with the Services
rendered under Section 1(B)(iii) of the Engagement Letter as it
pertains to the Lease-In Services, the Company shall pay SkyWorks a
fee (the "Lease In Services Fee") of $150,000 for each related
aircraft for which the Debtors executes a lease, payable when each
such lease is executed.
(vii) OEM and Maintenance Contract Services Fee. For the
Services provided under Section 1(B)(iv) of the Engagement Letter
as it pertains to the OEM and Maintenance Contract Services, the
Debtors shall pay SkyWorks as follows (collectively, the "OEM and
Maintenance Contract Services Fee" and together with the Financing
Fee, the Claims Advisory Fees, and the Lease In Services Fee, the
"Additional Consulting Services Fees"):
(a) an additional monthly fee of $75,000 per month, payable in
advance, for the months during which SkyWorks is performing the OEM
and Maintenance Contract Services; plus (b) a fee of $200,000 for
each new or restructured OEM or maintenance contract, payable upon
execution of each such contract.
(viii) Other Services Fee. For Services provided by SkyWorks
under Section 1(C) of the Agreement, the Debtors shall pay SkyWorks
fees billed hourly (the "Other Services Fees") calculated using the
rates set forth in Schedule B of the Engagement Letter through the
date that SkyWorks finishes such services or such services are
terminated by the Debtors.
(viii) Fee Cap. The aggregate of (y) the first six payments of
the Initial Monthly Fees set forth in Section 2(i) and (z) the
Transaction Fees set forth in Section 2(iii) of the Engagement
Letter payable to SkyWorks shall be capped at $10,000,000 (the "Fee
Cap"). For the avoidance of doubt, any Initial Monthly Fees payable
after six (6) months of Initial Monthly Fees are paid, Continuing
Monthly Fees set forth in Section 2(ii) of the Engagement Letter,
and any Additional Consulting Services Fees set forth in Section
2(iv) of the Engagement Letter shall not be subject to the Fee
Cap.
(ix) On the date of execution of the Engagement Letter,
SkyWorks held an advance payment retainer in the amount of
$1,000,000 (the "Retainer").
(x) Expenses. The Debtors shall reimburse SkyWorks within thirty
(30) days of receipt of an invoice for its approved (in writing for
expenses in excess of $2,000, exclusive of legal fees and expenses)
customary, reasonable and documented out-of-pocket expenses
incurred in connection with the Engagement Letter.
Mr. Landess disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Matthew A. Landess
Skyworks Capital, LLC
283 Greenwich Avenue, 4th Floor
Greenwich, CT 06830
Tel: (203) 983-6677
About Azul S.A.
Azul S.A. (B3: AZUL4, NYSE: AZUL), the largest airline in Brazil by
number of flight departures and cities served, offers 900 daily
flights to over 150 destinations. With an operating fleet of over
200 aircrafts and more than 15,000 Crewmembers, the Company has a
network of 300 non-stop routes. Azul was named by Cirium (leading
aviation data analysis company) as the most on-time airline in the
world in 2023. In 2020, Azul was awarded best airline in the world
by TripAdvisor, the first time a Brazilian flag carrier earned the
number one ranking in the Traveler's Choice Awards. On the Web:
http://www.voeazul.com.br/imprensa
On May 28, 2025, Azul S.A. and 19 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11176).
The cases are pending before Judge Sean H. Lane.
The Company is supported by Davis Polk & Wardwell LLP, White & Case
LLP, and Pinheiro Neto Advogados as legal counsel; FTI Consulting
as financial advisor; Guggenheim Securities, LLC as investment
banker; SkyWorks Capital LLC as fleet advisor; and FTI Consulting,
C Street Advisory Group, and MassMedia as strategic communications
advisors. Stretto is the claims agent.
The Participating Lenders are supported by Cleary Gottlieb Steen &
Hamilton LLP and Mattos Filho as legal counsel and PJT Partners as
investment banker.
United Airlines is supported by Hughes Hubbard & Reed LLP and
Sidley Austin LLP as legal counsel and Barclays Investment Bank as
investment banker.
American Airlines is supported by Latham & Watkins LLP as legal
counsel.
AerCap is supported by Pillsbury Winthrop Shaw Pittman LLP as legal
Counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Azul S.A.
and its affiliates.
AZUL SA: Hires Togut Segal & Segal LLP as Co-Counsel
----------------------------------------------------
Azul S.A. and its affiliates seek approval from the U.S. Bankruptcy
Court for the Southern District of New York to employ Togut, Segal
& Segal LLP as co-counsel.
The firm's services include:
a. assisting the Debtors with the retention of ordinary course
professionals ("OCP") and the preparation / filing of their
verified statements and fees statements as needed;
b. assisting certain of the Debtors' professionals,
particularly their non U.S. based professionals with preparing
monthly fee statements and interim fee applications;
c. assisting the Debtors and their financial advisors with
preparing their Schedules and Statements;
d. analyzing the pre-petition transfers made by the Debtors
for an assessment of potential avoidance claims under chapter 5 of
the Bankruptcy Code;
e. assisting the Debtors with the review, reconciliation and
where appropriate, the objection to proofs of claims
f. assisting with the assumption and/ or rejection of
contracts and unexpired leases;
g. assisting with matters concerning the U.S. Trustee such as
filing operating reports;
h. advising the Debtors regarding their powers and duties as
debtors in possession for the tasks assigned;
i. preparing and filing on the Debtors' behalf motions,
applications, answers, proposed orders, reports, and papers
necessary for the Assigned Matters;
j. attending meetings and negotiations with representatives of
creditors and other parties in interest that affect the Assigned
Matters;
k. appearing before this Court and any appellate courts to
protect the interests of the Debtors' estates in connection with
the Assigned Matters;
l. responding to inquiries and calls from creditors and
counsel to interested parties regarding pending Assigned Matters;
and
m. performing other necessary legal services for assigned
matters, or any other discrete matters assigned to the Togut Firm,
and providing other necessary legal advice to the Debtors in
connection with these Chapter 11 Cases.
The firm will be paid at these rates:
Partners $1,190 to $1,830 per hour
Counsel $1,140 to $1,375 per hour
Associates $535 to $1,225 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following is provided in response to the request for additional
information set forth in Paragraph D.1. of the Appendix B
Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Response: The Togut Firm did not represent the Debtors in
connection with the commencement of these Chapter 11 Cases.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: The Debtors expect to develop a specific prospective
budget and staffing plan to comply with the U.S. Trustee's requests
for information and additional disclosures, and any orders of this
Court.
Frank A. Oswald, Esq., a senior member at Togut, Segal & Segal LLP,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Frank A. Oswald
Togut, Segal & Segal LLP
One Penn Plaza
New York, NY 10119
Tel: (212) 594-5000
Email: frankoswald@teamtogut.com
About Azul S.A.
Azul S.A. (B3: AZUL4, NYSE: AZUL), the largest airline in Brazil by
number of flight departures and cities served, offers 900 daily
flights to over 150 destinations. With an operating fleet of over
200 aircrafts and more than 15,000 Crewmembers, the Company has a
network of 300 non-stop routes. Azul was named by Cirium (leading
aviation data analysis company) as the most on-time airline in the
world in 2023. In 2020, Azul was awarded best airline in the world
by TripAdvisor, the first time a Brazilian flag carrier earned the
number one ranking in the Traveler's Choice Awards. On the Web:
http://www.voeazul.com.br/imprensa
On May 28, 2025, Azul S.A. and 19 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11176).
The cases are pending before Judge Sean H. Lane.
The Company is supported by Davis Polk & Wardwell LLP, White & Case
LLP, and Pinheiro Neto Advogados as legal counsel; FTI Consulting
as financial advisor; Guggenheim Securities, LLC as investment
banker; SkyWorks Capital LLC as fleet advisor; and FTI Consulting,
C Street Advisory Group, and MassMedia as strategic communications
advisors. Stretto is the claims agent.
The Participating Lenders are supported by Cleary Gottlieb Steen &
Hamilton LLP and Mattos Filho as legal counsel and PJT Partners as
investment banker.
United Airlines is supported by Hughes Hubbard & Reed LLP and
Sidley Austin LLP as legal counsel and Barclays Investment Bank as
investment banker.
American Airlines is supported by Latham & Watkins LLP as legal
counsel.
AerCap is supported by Pillsbury Winthrop Shaw Pittman LLP as legal
Counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Azul S.A.
and its affiliates.
AZUL SA: Hires White & Case LLP as Special Counsel
--------------------------------------------------
Azul S.A. and its affiliates seek approval from the U.S. Bankruptcy
Court for the Southern District of New York to employ White & Case
LLP as special counsel.
The firm will provide services to the extent necessary and as
requested by the Debtors, with respect to issues that may arise
during the Chapter 11 Cases related to:
(i) the aircraft owned by the Debtors, including any
prepetition, postpetition, and/or exit financings related to such
aircraft, and any restructuring, negotiation, or termination of
such financings;
(ii) aircraft leased by the Debtors, including the lease
documentation relating to such aircraft and any prepetition,
postpetition, and exit financings related to such leases, including
the restructuring, negotiation, or termination of such leases or
financings;
(iii) any contracts relating to the purchase, maintenance, or
lease of aircraft by the Debtors, including the financing of such
orders and any restructuring, negotiation, or termination of such
order contracts, maintenance contracts, or financings;
(iv) the application of provisions of the Bankruptcy Code
(including, without limitation, sections 362, 363, 364, and 365 of
the Bankruptcy Code) to the treatment of aircraft financings,
leases, and transactions and related contracts and claims;
(v) necessary applications, motions, complaints, answers,
orders, reports, and other pleadings and documents, together with
any related litigation, in connection with the foregoing;
(vi) advising the Debtors in connection with obtaining authority
to continue using cash collateral and postpetition financing, as
such matters relate to the Debtors' fleet, aviation collateral
securing any financing obligations, and related agreements; and
(vii) certain other matters in or related to the Chapter 11
Cases to the extent necessary and as requested by the Debtors,
including, but not limited to, the Debtors' aircraft, leases,
lessors and lessees, financing facilities, ongoing operations and
related issues, as well as general aviation and asset-related
assistance.
The firm will be paid at these rates:
Partners $1,690 to $2,500 per hour
Counsel $1,630 per hour
Associates $870 to $1,580 per hour
Paraprofessionals $355 to $700 per hour
Prior to the Petition Date, White & Case received an advance
retainer of $2,500,000 from the Debtors. The Debtors increased the
retainer and made a further deposit of $500,000 on May 20, 2025.
The amount of the retainer held by White & Case as of the Petition
Date was approximately $425,014.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The following information is provided pursuant to Paragraph D.1 of
the U.S. Trustee Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: White & Case did not agree to any variations or
alternatives to its standard or customary billing arrangements for
this engagement.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the twelve (12)
months prepetition, disclose your billing rates and material
financial terms for the prepetition engagement, including any
adjustments during the twelve (12) months prepetition. If your
billing rates and material financial terms have changed
postpetition, explain the difference and the reasons for the
difference.
Answer: As set forth above, White & Case is billing the client
at its standard hourly rates. White & Case's standard hourly rates
are subject to periodic review and adjustment in the normal course
of White & Case's business, typically on January 1st of each year,
and often due to the increased experience of a particular
professional. Such adjustments were last made in January 2025 and
White & Case's currently hourly rates are disclosed in paragraph 16
of this Declaration. In 2024, White & Case's standard hour rates
ranged from $1,510 to $2,150 for partners, $1,470 for counsel, $795
to $1,430 for associates, and $345 to $650 for paraprofessionals.
White & Case's billing rates and material financial terms have not
changed postpetition.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: The parties in the process of developing a prospective
budget and staffing plan for these Chapter 11 Cases. We will work
with the Debtors to finalize such budget.
Mr. Wolynski 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:
Todd K. Wolynski, Esq.
White & Case LLP
1221 Avenue of the Americas
New York, NY 10020
About Azul S.A.
Azul S.A. (B3: AZUL4, NYSE: AZUL), the largest airline in Brazil by
number of flight departures and cities served, offers 900 daily
flights to over 150 destinations. With an operating fleet of over
200 aircrafts and more than 15,000 Crewmembers, the Company has a
network of 300 non-stop routes. Azul was named by Cirium (leading
aviation data analysis company) as the most on-time airline in the
world in 2023. In 2020, Azul was awarded best airline in the world
by TripAdvisor, the first time a Brazilian flag carrier earned the
number one ranking in the Traveler's Choice Awards. On the Web:
http://www.voeazul.com.br/imprensa
On May 28, 2025, Azul S.A. and 19 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11176).
The cases are pending before Judge Sean H. Lane.
The Company is supported by Davis Polk & Wardwell LLP, White & Case
LLP, and Pinheiro Neto Advogados as legal counsel; FTI Consulting
as financial advisor; Guggenheim Securities, LLC as investment
banker; SkyWorks Capital LLC as fleet advisor; and FTI Consulting,
C Street Advisory Group, and MassMedia as strategic communications
advisors. Stretto is the claims agent.
The Participating Lenders are supported by Cleary Gottlieb Steen &
Hamilton LLP and Mattos Filho as legal counsel and PJT Partners as
investment banker.
United Airlines is supported by Hughes Hubbard & Reed LLP and
Sidley Austin LLP as legal counsel and Barclays Investment Bank as
investment banker.
American Airlines is supported by Latham & Watkins LLP as legal
counsel.
AerCap is supported by Pillsbury Winthrop Shaw Pittman LLP as legal
Counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Azul S.A.
and its affiliates.
BAYSHORE SUITES: Gets Extension to Access Cash Collateral
---------------------------------------------------------
Bayshore Suites, LLC received another extension from the U.S.
Bankruptcy Court for the Middle District of Florida, Fort Myers
Division, to use cash collateral.
The court's second interim order authorized the Debtor to utilize
its cash collateral to pay the expenses set forth in its budget
(plus an amount not to exceed 10% for each line item); and
additional amounts subject to approval by secured creditor, SHC-ET
Funding VII, LLC.
The Debtor's 20-week budget projects total operational expenses of
$26,960.
SHC-ET will be granted replacement liens on its pre-bankruptcy
collateral and all property acquired by the Debtor after its
bankruptcy filing that is similar to SHC-ET's pre-bankruptcy
collateral. The replacement liens will have the same priority,
validity and extent as the pre-bankruptcy liens of SHC-ET.
In addition, SHC-ET will be granted a superpriority administrative
expense claim and will receive a monthly payment of $27,562.00 per
month, including forced place insurance premiums.
The Debtor's authority to use cash collateral terminates on
September 26 or upon occurrence of so-called termination events,
which include seeking financing that does not satisfy the claims of
SHC in full.
The next hearing is scheduled for September 23.
The Debtor continues to operate its business and manage its
property and affairs as a debtor-in-possession. In that capacity,
the Debtor uses property which may qualify as cash collateral.
As of the petition date, the Debtor's scheduled deposits and
prepayments totaled $1,222. However, the Debtor expects it will
receive rental income from its real property.
About Bayshore Suites LLC
Bayshore Suites, LLC owns two properties: one at 3200-3248 Bayshore
Dr., Naples, Fla., valued at $4.6 million in liquidation, and
another at 2836 Shoreview Dr., Naples, FLa., with a liquidation
value of $1 million.
Bayshore Suites sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-00218) on February
11, 2025. In its petition, the Debtor reported total assets of
$5,631,222 and total liabilities of $7,297,236.
Judge Caryl E. Delano handles the case.
Michael R. Dal Lago, Esq., serves as the Debtor's legal counsel.
SHC-ET Funding VII, LLC, as secured creditor, is represented by:
Jaime B. Leggett, Esq.
Jeremy J. Hart, Esq.
Bast Amron, LLP
One Southeast Third Avenue, Suite 2410
Miami, FL 33131
Telephone: 305.379.7904
jleggett@bastamron.com
jhart@bastamron.com
BCP V EVERISE: S&P Downgrades ICR to 'CCC+', Outlook Stable
-----------------------------------------------------------
S&P Global Ratings lowered its ratings on Delaware-based customer
experience service provider BCP V Everise Acquisition LLC
(Everise), including its issuer credit rating to 'CCC+' from 'B-'.
The stable outlook reflects S&P's belief that liquidity, though
tightening, is sufficient to cover fixed charges, and that the
absence of near-term maturities will mitigate the risk of a
specific default scenario within the next 12 months.
Everise reported weaker than expected operating performance and a
free operating cash flow (FOCF) deficit in the first quarter of
2025.
S&P Global Ratings expects credit metrics to worsen as industry
headwinds continue, leading to cash flow deficits and liquidity
declining in 2025.
S&P said, "We believe Everise's liquidity could worsen and remain
tight due to cashflow deficits, higher debt amortization, and an
extended higher interest rate environment. As of May 31, 2025,
Everise had revolver availability of $45 million and cash balances
of about $38 million. However, we forecast the company will burn
cash this year as ailing market conditions weigh on performance
trends. Higher seasonal working capital outflows will also result
in the company utilizing its revolver, which could stress its
already worsening liquidity. The company also has a remaining
payment due next year as part of the CGS acquisition, which will
weigh further on cash flows. Its term loan A is trading at well
below par, which we believe limits its access to debt markets
should it need to raise debt to bolster liquidity. Still, we expect
the company's existing resources are enough to meet its debt
service costs in the next year.
"We believe industry pressures in health care insurance will
constrain operating performance. Everise faces heavy customer
concentration with its top five clients constituting about 67% of
revenues and being concentrated in the health care space. The
company's top clients have faced increased costs due to higher
utilization rates, lower enrollments, and drops in star ratings. As
a result, Everise's revenue declined 14% and its margin contracted
by about 300 basis points (bps) at year-end 2024. The company made
a sizable acquisition at year end that we forecast will contribute
to total revenue growth of 46% in 2025, but organic revenue will be
largely subdued as the industry continues to face pressures. We
expect recovery should come in 2026 driven by higher enrollments
from an aging population and as clients seek to lower costs, which
will favor outsourcing customer service needs. Regulation such as
the "One Big Beautiful Bill Act" remain a credit risk that could
worsen an already pressured industry especially in Medicaid,
although Everise's exposure to Medicaid remains modest at
mid-single digit percent. We believe Everise is dependent on
favorable business conditions to mitigate further liquidity
declines.
"The stable outlook reflects our expectation that while Everise
will continue to operate at a modest cash burn, it has no near-term
debt maturities and will have sufficient liquidity to operate over
the next 12 months."
S&P could lower its rating on Everise if:
-- Industry challenges lead to weak operating performance, further
cash flow deficits, and liquidity declining to a point where S&P
envisions a specific default scenario within 12 months.
-- The company undertakes any liability management transaction
that S&P would view as a distressed debt exchange or a
restructuring.
S&P could take a positive rating action on Everise in the coming
quarters if performance improves such that it believes the capital
structure is sustainable, demonstrated by positive cash flow
generation after fixed charges and seasonal working capital swings,
and liquidity improves to sufficient levels.
BEAN THERE: Hires Blanchard Law P.A. as Counsel
-----------------------------------------------
Bean There Done That, LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to employ Blanchard Law,
P.A. as counsel.
The firm will render these services:
(a) give the Debtors legal advice with respect to their powers
and duties in the continued operation of their business and
management of their property;
(b) prepare, on the behalf of the Debtors, necessary legal
papers and appear at hearings thereon; and
(c) perform all other legal services for the Debtors.
The firm will be paid at these rates:
Attorney $350
Associates $300
Paralegal $100
In addition, both firms will seek reimbursement for expenses
incurred.
The firm received from the Debtor a retainer of $15,000, and filing
fee of $1,738.
Mr. Blanchard 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:
Jake C. Blanchard, Esq.
Blanchard Law, P.A.
8221 49th Street North
Pinellas Park, FL 33781
Tel: (727) 531-7068
Fax: (727) 535-2086
Email: Jake@jakeblanchardlaw.com
About Bean There Done That, LLC
Bean There Done That LLC operates a drive-thru coffee shop offering
specialty beverages and breakfast items.
Bean There Done That LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-04265) on June 24, 2025. In its petition, the Debtor reports
total assets of $143,453 and total liabilities of $1,504,704.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the case.
The Debtors are represented by Jake C. Blanchard, Esq. at BLANCHARD
LAW, P.A.
BEDMAR LLC: Hires Douglas Wilson Companies as Financial Advisor
---------------------------------------------------------------
Bedmar, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to employ Douglas Wilson Companies as
financial advisor.
The firm's services include:
A. Financial Services
-- Assisting with the development of weekly cash flow
forecasts;
-- Assisting with the development of weekly reports to present
the Company's actual results versus cash flow forecasts on a weekly
basis;
-- Assisting with accounting and operating procedures regarding
business transactions, including managing the Company's financial
statements;
-- Reviewing contracts, including leases to understand
liabilities;
-- Assisting with reconciliation and reporting required by any
DIP financing;
-- Assisting with accounting and analysis;
B. Restructuring Services
-- Assisting the Company in its Chapter 11 proceeding, including
preparation and oversight of its financial statements and schedules
related to the bankruptcy process, monthly operating reports, and
other information required in bankruptcy;
-- Supporting the preparation of first day motions and
developing procedures and processes necessary to implement such
motions;
-- Assisting in obtaining approval for financing, including
developing forecasts and information;
-- Assisting with communications and negotiations with the
Company's landlords and other key stakeholders;
-- Assisting with the claims management and reconciliation
process;
-- Assisting in prosecution of plan of reorganization;
-- Preparing for court hearings, for the argument of motions and
objections and providing testimony as required.
C. Accounting Services
-- Assisting with opening bank accounts and managing cash flow,
including monitoring DIP funding;
-- Assist with the filing of any tax returns, as applicable;
-- Assist with providing any financial reports, including the
balance sheet, income statement and statement of the capital
account, as applicable;
-- Rendering such other restructuring and general consulting or
such other assistance for the Company as the Company's independent
manager or counsel may request.
The firm will be paid at these rates:
Advisor $650 per hour
Executive Management/CPA $500 per hour
Project Director $425 per hour
Project Associate Director/Sr.
Staff Accountant $295 per hour
Accounting Support/ $250 per hour
Jr. Staff Accountant
Administrative Support $150 per hour
Prior to the Petition Date, the firm received a retainer in the
amount of $75,000 from the Debtor.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ms. Vives 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:
Michele Vives
Douglas Wilson Companies
1620 Fifth Avenue, Suite 400
San Diego, CA 92101
Tel: (619) 906-4376
Email: mvives@douglaswilson.com
About Bedmar, LLC
Bedmar LLC is a real estate company based in San Diego, California,
that owns and manages manufacturing, laboratory, and office
properties across several U.S. locations, including Massachusetts,
California, and Florida. Its portfolio includes multiple sites in
Bedford, Allston, Marlborough, San Diego, Fremont, and Alachua. The
Company's current operations are primarily focused on managing and
winding down these sites.
Bedmar LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. Del. Case No. 25-11027) on June 9, 2025. In its
petition, the Debtor reported estimated assets and liabilities of
$50 million to $100 million.
The petition was signed by Christopher S. Sontchi as independent
manager.
The Honorable J Kate Stickles handles the case.
Richards Layton & Finger, P.A. is the Debtors' counsel. The
Debtor's financial and restructuring advisor is Douglas Wilson
Companies. The Debtor's claims and noticing agent is Epiq Corporate
Restructuring LLC.
BEDMAR LLC: Hires Epiq Corporate as Administrative Advisor
----------------------------------------------------------
Bedmar, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to employ Epiq Corporate Restructuring, LLC as
administrative advisor.
The firm will provide these services:
(a) Assist with, among other things, serving, receiving, and
processing Release Opt-Out forms, pursuant to which parties in
interest may opt-out of the releases set forth in Article IX.C of
the Prepackaged Plan of Reorganization of Bedmar, LLC under Chapter
11 of the Bankruptcy Code (as may be modified, amended, or
supplemented from time to time, the "Plan");
(b) Prepare a certification regarding opt-out elections and if
necessary, testify in support of such certification;
(c) Process requests for documents from parties in interest;
(d) While not contemplated, if solicitation of the Plan is
ultimately required, assist with balloting and tabulation of votes
in connection with confirmation of the Plan, prepare an official
ballot certification, and testify in support of tabulation
results;
(e) Assist with the preparation of the Debtor's schedules of
assets and liabilities and statements of financial affairs and
gather data in connection therewith;
(f) Provide a confidential data room, if requested;
(g) Manage and coordinate any distributions pursuant to the
Plan; and
(h) Provide such other administrative services described in the
Engagement Agreement, but not included in the Section 156(c)
Application, as may be requested from time to time by the Debtor,
the Court or the Office of the Clerk of the Bankruptcy Court (the
"Clerk").
The firm will be paid at these rates:
IT / Programming $45-$70
Case Managers $85-$170
Project Managers/Consultants/ $170-$185
Directors
Solicitation Consultant $190
Executive Vice President, $190
Solicitation
Executives No Charge
The Debtor paid the firm a retainer of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ms. Frodsham 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:
Sophie Frodsham
Epiq Corporate Restructuring, LLC
777 3rd Ave., 12th Floor
New York, NY 10017
Tel: (212) 225-9200
About Bedmar, LLC
Bedmar LLC is a real estate company based in San Diego, California,
that owns and manages manufacturing, laboratory, and office
properties across several U.S. locations, including Massachusetts,
California, and Florida. Its portfolio includes multiple sites in
Bedford, Allston, Marlborough, San Diego, Fremont, and Alachua. The
Company's current operations are primarily focused on managing and
winding down these sites.
Bedmar LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. Del. Case No. 25-11027) on June 9, 2025. In its
petition, the Debtor reported estimated assets and liabilities of
$50 million to $100 million.
The petition was signed by Christopher S. Sontchi as independent
manager.
The Honorable J Kate Stickles handles the case.
Richards Layton & Finger, P.A. is the Debtors' counsel. The
Debtor's financial and restructuring advisor is Douglas Wilson
Companies. The Debtor's claims and noticing agent is Epiq Corporate
Restructuring LLC.
BEDMAR LLC: Hires Richards Layton & Finger as Counsel
-----------------------------------------------------
Bedmar, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to employ Richards, Layton & Finger, P.A. as
counsel.
The firm's services include:
a. advising the Debtor of its rights, powers, and duties as a
debtor and debtor in possession under chapter 11 of the Bankruptcy
Code;
b. preparing on behalf of the Debtor motions, applications,
answers, orders, reports, and papers in connection with the
administration of the Debtor's estate;
c. taking action to protect and preserve the Debtor's estate,
including the prosecution of actions on the Debtor's behalf, the
defense of actions commenced against the Debtor in the Chapter 11
Case, the negotiation of disputes in which the Debtor is involved,
and the preparation of objections to claims filed against the
Debtor;
d. assisting with any sale or sales of assets, including
preparing any necessary motions and papers related thereto;
e. prosecuting on behalf of the Debtor the proposed plan of
reorganization and seeking approval of all transactions
contemplated therein and in any amendments thereto; and
f. performing all other necessary and desirable legal services
in connection with the Chapter 11 Case.
The firm will be paid at these rates:
Mark D. Collins $1,500 per hour
Robert J. Stearn, Jr. $1,500 per hour
Michael J. Merchant $1,250 per hour
Amanda R. Steele $1,175 per hour
James F. McCauley $800 per hour
Nicholas A. Franchi $575 per hour
Erin N. Weyl $425 per hour
The firm received from the Debtor an initial payment of $350,000
for service rendered prior to the petition date. The firm received
a retainer of $300,000 in connection with the Debtor's
restructuring and commencement of the Chapter 11 Case.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
In addition, consistent with the Guidelines for Reviewing
Applications for
Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. §
330 by Attorneys in Larger Chapter 11 Cases Effective as of
November 1, 2013, the following information are hereby submitted:
a. The firm did not agree to any variations from, or
alternatives to, its standard or customary billing arrangements for
this engagement;
b. None of the firm's professionals included in this engagement
have varied their rate based on the geographic location for this
Chapter 11 Case;
c. The firm has advised the Debtor in connection with its
restructuring efforts since its formation in early June 2025. In
addition, in connection with the Corporate Transactions, the firm
reviewed relevant transactional and other documents in anticipation
of the firm's potential engagement by the Debtor upon its
formation. The billing rates, except for the firm's standard and
customary periodic rate adjustments as set forth above, and
material financial terms have not changed postpetition from the
prepetition arrangement;
d. The firm, in conjunction with the Debtor, is developing a
prospective budget and staffing plan for this Chapter 11 Case.
Mr. Merchant disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Michael J. Merchant, Esq.
Mark D. Collins, Esq.
Amanda R. Steele, Esq.
James F. McCauley, Esq.
RICHARD, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, DE 19801
Telephone: (302) 651-7700
Email: merchant@rlf.com
collins@rlf.com
steele@rlf.com
mccauley@rlf.com
About Bedmar, LLC
Bedmar LLC is a real estate company based in San Diego, California,
that owns and manages manufacturing, laboratory, and office
properties across several U.S. locations, including Massachusetts,
California, and Florida. Its portfolio includes multiple sites in
Bedford, Allston, Marlborough, San Diego, Fremont, and Alachua. The
Company's current operations are primarily focused on managing and
winding down these sites.
Bedmar LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. Del. Case No. 25-11027) on June 9, 2025. In its
petition, the Debtor reported estimated assets and liabilities of
$50 million to $100 million.
The petition was signed by Christopher S. Sontchi as independent
manager.
The Honorable J Kate Stickles handles the case.
Richards Layton & Finger, P.A. is the Debtors' counsel. The
Debtor's financial and restructuring advisor is Douglas Wilson
Companies. The Debtor's claims and noticing agent is Epiq Corporate
Restructuring LLC.
BEYOND AIR: Reports FY25 Loss of $48.5M, Flags Going Concern Doubt
------------------------------------------------------------------
Beyond Air, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net losses,
including a net loss of $48.5 million for the year ended March 31,
2025, compared to $64.3 million for the year ended March 31, 2024.
As of March 31, 2025, the Company had $30.1 million in total
assets, $15.7 million in total liabilities, and total equity of
$14.3 million.
East Brunswick, N.J.-based WithumSmith+Brown, PC, the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated June 20, 2025, attached to the Company's Annual Report
on Form 10-K for the fiscal year ended March 31, 2024, citing that
the Company has suffered recurring losses from operations, has
experienced negative cash flows from operating activities since
inception, and has an accumulated deficit, that raise substantial
doubt about its ability to continue as a going concern.
The Company's operations have not provided net positive cash flows
in the year ended March 31, 2025.
The Company's continuation as a going concern is dependent upon its
ability to generate positive cash flows from operations and to
secure additional sources of equity and/or debt financing. Despite
the Company's intent to fund operations through equity and debt
financing arrangements, there is no assurance that such financing
will be available on terms acceptable to the Company, if at all.
The Company is actively pursuing strategies to mitigate these
risks. However, there can be no assurance that these efforts will
prove successful or that the Company will achieve its intended
financial stability.
The Company used cash in operating activities of $38.2 million for
the year ended March 31, 2025, and has an accumulated deficit
attributable to the stockholders of Beyond Air, Inc. of $286.3
million. The Company had cash and cash equivalents and marketable
securities of $6.9 million as of March 31, 2025. In addition, $4.4
million of cash is held on deposit by the Company's contract
manufacturer to be applied against future purchases.
The Company expects to incur net losses and have significant cash
outflows for at least the next year, including making significant
investments in research and development. Management believes these
factors raise substantial doubt about the Company's ability to meet
its obligations with cash on hand and concluded that the Company
will require additional funding within one year from the date these
financial statements are issued.
Management is confident that the efforts to arrange financing,
while not assured, will enable the Company to meet its
obligations.
The Company's future capital needs and the adequacy of its
available funds will depend on many factors, including, but not
necessarily limited to, the success and costs of commercialization
of the Company's approved product and the actual cost and time
necessary for current and anticipated preclinical studies, clinical
trials and other actions needed to obtain certification or
regulatory approval of the Company's product candidates.
On November 1, 2024, the Company entered into a Loan and Security
Agreement for a secured loan with certain lenders, including its
Chief Executive Officer Steven Lisi and director Robert Carey, for
an aggregate principal balance of $11.5 million. The Loan Agreement
was approved by each of the Company's independent and disinterested
directors, following the receipt of a recommendation from an
independent investment bank. The Loan Agreement provides for the
following terms:
(i) principal amount of $11,500,000;
(ii) ten-year term;
(iii) interest of 15% per annum of which 3% shall be payable in
cash and 12% payable in kind through June 30, 2026 and thereafter
all in cash;
(iv) a royalty interest of 8% of the Company's net sales on a
quarterly basis from July 2026 until the facility is repaid in
full;
(v) the Company's obligations will be secured by substantially
all of the Company's assets and
(vi) the Company shall issue the lenders warrants to purchase
shares of the Company's common stock at an exercise price of
$0.3793 per share.
Subsequent to March 31, 2025, the Company received commitments from
certain lenders under the Loan Agreement to provide additional
financing of at least $2.0 million in aggregate principal. The
additional loans are expected to be issued on terms and conditions
that are materially consistent with those of the Loan Agreement.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/4pxx55tm
About Beyond Air
Headquartered in Garden City, N.Y., Beyond Air, Inc. --
www.beyondair.net -- is a commercial-stage medical device and
biopharmaceutical company developing a platform of nitric oxide
generators and delivery systems (the "LungFit platform") capable of
generating NO from ambient air. The Company's first device, LungFit
PH, received premarket approval from the FDA in June 2022. The NO
generated by the LungFit PH system is indicated to improve
oxygenation and reduce the need for extracorporeal membrane
oxygenation in term and near term (34 weeks gestation) neonates
with hypoxic respiratory failure associated with clinical or
echocardiographic evidence of pulmonary hypertension in conjunction
with ventilatory support and other appropriate agents.
BISHOP OF FRESNO: Diocese Seeks to Preserve Parish Funds Amid Ch.11
-------------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that the
bankrupt Roman Catholic Bishop of Fresno informed a California
judge on Monday, July 7, 2025, that it will submit additional
evidence in support of its cash management motion to ensure the
bank accounts of its non-debtor parishes are safeguarded from
closure.
About The Roman Catholic Bishop of Fresno
The Roman Catholic Bishop of Fresno, a corporation sole, is a
California nonprofit religious organization that administers the
temporal affairs of the Roman Catholic Diocese of Fresno. It
provides leadership, support services, and resources to 87
parishes, diocesan schools, cemeteries, and Catholic-based social
and community service organizations across the diocese. Its
operations are primarily funded through parish and school
assessments, donations, grants, service fees, cemetery pre-need
sales, and investment income.
The Roman Catholic Bishop of Fresno sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-12231) on
July 1, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $50 million and $100 million each.
Honorable Bankruptcy Judge Rene Lastreto II handles the case.
The Debtors are represented by Hagop T. Bedoyan, Esq. at McCORMICK,
BARSTOW, SHEPPARD, WAYTE & CARRUTH. DONLIN, RECANO, AND COMPANY,
INC. is the Debtor's
Claims & Noticing Agent.
BISHOP OF SANTA ROSA: Committee Hires Real Estate Appraiser
-----------------------------------------------------------
The official committee of unsecured creditors of Roman Catholic
Bishop of Santa Rosa seeks approval from the U.S. Bankruptcy Court
for the Northern District of California to employ Stout Risius
Ross, LLC as real estate appraiser.
The firm will provide these services:
a. provide expert consulting services and expert testimony
regarding the appropriate value of real estate assets;
b. perform an appraisal or otherwise analyze value of real
property;
c. prepare and draft an appraisal report;
d. conduct one or more inspections of real property;
e. perform all necessary due diligence, background
investigation and preparation (including, for example, examination
of comparable properties) that is customarily associated with the
valuation of real property in order to determine the market value
and liquidation value for
the properties;
f. consult with the Committee and its counsel concerning
valuation matters generally;
g. testify, if necessary, before the Court concerning the
valuation of the real property; and
h. such other expert consulting and advisory services as may
be requested by the Committee.
The firm will be paid at these rates:
Managing Director $450 to $675 per hour
Director $325 to $450 per hour
Senior Vice President $300 to $400 per hour
Vice President $225 to $325 per hour
Analysts/Associates $150 to $275 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Rosen 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:
Randi Rosen
Stout Risius Ross, LLC
1 S. Wacker Dr.
Chicago, IL 60606
Telephone: (312) 546-3426
Email: kmcnally@stout.com
About Roman Catholic Bishop of Santa Rosa
The Roman Catholic Bishop of Santa Rosa is a diocese, or
ecclesiastical territory, of the Roman Catholic Church in the
Northern California region of the United States, named in honor of
St. Rose of Lima.
Abuse victims filed hundreds lawsuits after the state of California
paused for three years its statute of limitation on claims for
child sexual abuse. The pause ended on Dec. 31, 2022.
Facing more than 200 new legal claims over childhood sexual abuse,
the Roman Catholic Bishop of Santa Rosa, also known as the Diocese
of Santa Rosa, filed a Chapter 11 petition (Bankr. N.D. Calif. Case
No. 23-10113) on March 13, 2023. The Debtor estimated $10 million
to $50 million in both assets and liabilities.
The Hon. Charles Novack is the case judge.
The Debtor tapped Felderstein Fitzgerald Willoughby Pascuzzi &
Rios, LLP as bankruptcy counsel; GlassRatner Advisory & Capital
Group, LLC as financial advisor; and Donlin, Recano & Company, Inc.
as claims agent. Shapiro Galvin Shapiro & Moran, Weinstein &
Numbers, LLP, and Foley & Lardner, LLP serve as special counsels.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
Stinson, LLP and Berkeley Research Group, LLC serve as the
committee's legal counsel and financial advisor, respectively.
BURFORD CAPITAL: S&P Rates New $400MM Senior Unsecured Notes 'BB'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue rating to Burford
Capital Global Finance LLC's proposed $400 million senior unsecured
notes due 2033. Burford Capital Global Finance is a financing
subsidiary of Burford Capital Ltd. (BB/Stable/--).
The company intends to use net proceeds to repay its $123 million
senior unsecured notes due 2025 and the remainder for general
corporate purposes, including the potential repayment or retirement
of existing debt, including its $226 million senior unsecured notes
due 2026. S&P said, "Pro forma assuming no debt repayment, we
expect leverage, measured by debt to adjusted total equity (ATE),
will be about 0.97x, up from 0.79x as of March 31, 2025. We do not
include the $726 million of non-controlling interest in our
calculation of ATE because those are investments in Burford-managed
funds from third-party investors." Burford is unable to use those
funds for general corporate purposes like paying off debt.
S&P said, "The stable outlook reflects our expectation that in the
next 12 months, Burford will maintain a robust level of portfolio
realizations, sufficient liquidity to meet its operational needs,
and leverage, as measured by debt to ATE, of well below 1.5x, with
our base-case expectation of about 1.0x. We also expect that as
Burford continues to expand its balance sheet, successful
investments will continue to provide more-than-sufficient returns
to offset the relatively high number of failed investments because
of their asymmetric return profile."
BUTLER GROUP: Hires Thompson Premier Homes Group as Realtors
------------------------------------------------------------
Butler Group, LLC seeks approval from the U.S. Bankruptcy Court for
the District of Columbia to employ Thompson Premier Homes Group as
realtors.
To market and sell the Debtor's real property located at 1601 N.
Portal Dr. NW, Washington, DC 20012.
The firm will be paid a commission of 5 percent of the sales
price.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Eboneese Thompson
Thompson Premier Homes Group
519 C St NE
Washington, DC 20002
Tel: (240) 480-1616
About Butler Group LLC
Butler Group LLC owns a real estate property at 1601 North Portal
Drive NW, Washington, D.C., with an estimated value of $1.2
million.
Butler Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.C. Case No. 25-00181) on May 14, 2025. In
its petition, the Debtor reports total assets of $1,275,339 and
total liabilities of $2,163,145.
The Debtors are represented by William C. Johnson, Jr., Esq. at THE
JOHNSON LAW GROUP, LLC.
C M HEAVY: Court Converts Bankruptcy Case to Chapter 7
------------------------------------------------------
Judge Paul R. Thomas of the United States Bankruptcy Court for the
Eastern District of Oklahoma granted the motion of Great Plains
National Bank to convert C M Heavy Machinery, LLC's bankruptcy case
to Chapter 7 pursuant to 11 U.S.C. Sec. 1112(b).
Debtor is an Oklahoma limited liability corporation formed in 2007
and located in Okemah, Oklahoma. It furnishes heavy machinery and
equipment to job sites nationwide, primarily servicing the oil
industry. Clint Meadors is Debtor's sole owner and president.
Debtor filed a chapter 11 bankruptcy petition in this Court on Aug.
8, 2024, just before a state court hearing where it stood to
potentially lose most -- if not all -- of its property to a
collection action. This state court action was filed on June 6,
2024, in Okfuskee County, Oklahoma by Great Plains National Bank to
foreclose on a promissory note and security agreement entered in
December of 2019 between Great Plains, Debtor and Meadors. The
purpose of the loan was to provide funds for Debtor to purchase a
large quantity of digging mats. Great Plains was granted a security
interest in all the Debtor's assets, including any insurance
proceeds received from the sale, destruction, loss or other
disposition of the Debtor's assets. Debtor also mortgaged its real
estate to Great Plains. In its schedules, Debtor identified Great
Plains as its primary secured creditor with a debt of $4,574,359.20
secured by most of its assets.
The U.S. Trustee filed a Motion to Convert to Chapter 7 based on
Debtor's failure to close its prepetition bank account, failure to
comply with 11 U.S.C. Sec. 345 by maintaining funds in a bank
account in excess of the amount insured by the FDIC, Meadors' use
of a debit card for unauthorized purchases and failure to provide
receipts for those purchases, and Meadors' use of estate funds for
personal expenses. The UST and Debtor entered a Stipulation,
agreeing to defer a hearing on the UST's motion to the confirmation
hearing. They also agreed that Debtor would open a separate
Debtor-in-Possession bank account, cease utilizing Debtor's Mabrey
Bank account and transfer monies in that account to its new DIP
account, ensure that any account receivable deposited into the
Mabrey Bank account would be swept into the DIP account, that
Debtor would attach receipts to its Monthly Operating Report
regarding debit card purchases, and immediately cease using estate
funds for Meadors' personal purposes.
Great Plains also filed a Motion to Dismiss Case, or Alternatively,
to Convert to Chapter 7. The Court held an evidentiary hearing on
Great Plains' Motion.
At the conclusion of this evidence, Debtor moved for judgment in
its favor on Great Plains' motion to dismiss or convert. The Court
denied that motion. Great Plains urged the Court to convert this
case to Chapter 7.
Great Plains asserts that cause exists for conversion pursuant to
Sec. 1112(b)(4)(A) and (D) for gross mismanagement of the estate,
continuing diminution of the estate and the absence of a reasonable
likelihood of rehabilitation. It also alleges that Meadors has
breached his fiduciary duty to the estate which constitutes
equitable grounds to convert.
Debtor's failure to take prompt action to correct financial records
and schedules, Meador's revelations that he, not Debtor, is the
actual owner of valuable equipment listed on Debtor's schedules, as
well as other evidence of mismanagement cited, give the Court and
creditors no confidence that Debtor is accurately reporting income
and expenses, that it will be able to maintain proper accounting
practices throughout the case, or will be able to properly manage
distributions under a confirmed plan. The Court finds that Great
Plains established cause for dismissal or conversion by a
preponderance of the evidence due to gross mismanagement.
Great Plains argues that cause to convert also exists pursuant to
Sec. 1112(b)(4)(A) because of a continuing diminution of the estate
and Debtor's inability to show a reasonable likelihood of
rehabilitation.
The record shows by a preponderance of the evidence that Debtor's
estate is suffering a continuing diminution since filing bankruptcy
and that rehabilitation is unlikely. Therefore, the Court finds
cause to dismiss or convert this case pursuant to Sec.
1112(b)(4)(A).
Moreover, Debtor identified no unusual circumstances that exist
postpetition that demonstrate dismissal or conversion is not in the
best interest of creditors. Although it has initiated legal action
to recover insurance proceeds for the loss of the digging mats,
there was no information regarding its merits or likelihood of
success which might convince the Court to continue the case.
Debtor's position is that no cause exists to dismiss or convert,
therefore it presented no evidence at the hearing addressing the
requirements set forth in Sec. 1112(b)(2). Debtor did not address
whether there is a reasonable likelihood that a plan will be
confirmed within a reasonable time frame. Its Plan proposes to pay
all claims in full using the recovery from its insurance claim for
the digging mats, ongoing business operations, and liquidation of
equipment and machinery. Its Disclosure Statement and Supplement
admit that it can only expect some recovery from its insurance
litigation and recovery is not certain. It offered no timeline or
prediction regarding how long the litigation would last. Debtor
never explained how it would generate income to fund a plan other
than its insurance claim and sale of its equipment. Therefore, it
is not reasonably likely that Debtor can successfully reorganize
and confirm a plan within a reasonable time, the Court concludes.
At the hearing, Great Plains urged the Court to convert the case to
chapter 7 rather than dismiss. Debtor has identified a substantial
amount of accounts receivable, has initiated a lawsuit to recover
insurance placed on its digging mats which has been joined by
Meadors, has equipment located at its Okemah yard, on other job
sites, and perhaps in other states, and may have an interest in
additional equipment that is not listed on its schedules.
Additionally, Meadors claims ownership of some assets originally
listed as Debtor's on its schedules. Given that there may be assets
available for liquidation and distribution by a chapter 7 trustee,
there is pending litigation that could be managed by a chapter 7
trustee, and that an investigation into the ownership of certain
property may be necessary, the Court concludes that conversion to
chapter 7 is in the best interests of creditors and the estate.
The Court finds that good cause exists to convert this case to
chapter 7.
A copy of the Court's Order dated June 27, 2025, is available at
https://urlcurt.com/u?l=jEJmvH
About C M Heavy Machinery
C M Heavy Machinery, LLC sells and rents a full range of heavy
machinery and equipment. It is based in Okemah, Okla.
C M Heavy Machinery filed Chapter 11 petition (Bankr. E.D. Okla.
Case No. 24-80617) on August 8, 2024, with total assets of
$19,152,335 and total liabilities of $5,491,300. Clint Meadors,
president, signed the petition.
Judge Paul R. Thomas oversees the case.
The Debtor tapped Maurice VerStandig, Esq., at The Verstanding Law
Firm, LLC as counsel and Zachary Richardson as accountant.
CANT COOK: Hires Professor Tax USA Inc. as Accountant
-----------------------------------------------------
Cant Cook Right, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Florida to employ Professor Tax USA
Inc. as accountant.
The firm will provide these services:
a. give the Debtor financial and accounting advice with
respect to its powers and duties as Debtor-in-Possession and with
respect to the continued management of its property;
b. prepare on behalf of Applicant as Debtor-in-Possession
necessary applications, answers, reports, and other financial
papers;
c. prepare operating reports and financial projections
regarding the administration of Applicant estate;
d. take any and all necessary action instant to the proper
preservation and administration of the estate;
e. perform all other accounting and financial services for
Applicant as Debtor-in-Possession to employ Professor Tax USA Inc
to perform such other professional services.
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.
Daryl Baurley, a partner at Professor Tax USA Inc., disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Daryl Baurley
Professor Tax USA Inc.
400 W 11st Street
Panama City, FL 32401
About Can't Cook Right
Can't Cook Right, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-50074) on April
21, 2025, listing up to $50,000 in assets and between $100,001 and
$500,000 in liabilities.
Judge Karen K. Specie oversees the case.
The Debtor is represented by:
Michael Austen Wynn, Esq.
Wynn & Associates, PLLC
Tel: (850) 303-7800
Email: michael@wynnlaw-fl.com
CARNIVAL CORP: S&P Rates New $2BB Senior Unsecured Notes 'BB+'
--------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '3'
recovery rating to Carnival Corp.'s proposed $2 billion senior
unsecured notes due 2032. The notes will be guaranteed by Carnival
plc and certain subsidiaries. The '3' recovery rating indicates its
expectation for meaningful (50%-70%; rounded estimate: 65%)
recovery for noteholders in the event of a payment default.
Carnival will use the net proceeds from these notes to repay the
remaining balance outstanding under its 2028 term loan facility.
The company intends to use the remaining proceeds and cash on hand
to partially redeem its 5.75% senior unsecured notes due 2027.
Assuming that the final size of the notes offering is $2 billion,
Carnival expects to redeem $1.4 billion of its 5.75% unsecured
notes due 2027. The company recently used cash on hand and proceeds
from its euro bond issuance to repay in full its 2027 term loan
facility and repay a portion of its 2028 term loan facility.
The proposed transaction further reduces the quantum of secured
debt in the capital structure. The proposed notes issuance will
also improve the company's maturity profile, given its sizable debt
maturities in 2027 and 2028. Pro forma for the repayment of its
2027 and 2028 term loan facilities and a portion of its 5.75%
notes, Carnival's debt maturities in 2027 and 2028 will be about $3
billion and $5 billion, respectively, compared with $5 billion and
$7 billion, respectively, as of May 31, 2025. The proposed notes
issuance, debt repayment, and other refinancing transactions
completed earlier in 2025, will reduce Carnival's interest expense
and improve funds from operations (FFO) to debt. However, S&P
anticipates Carnival's S&P Global Ratings-adjusted FFO to debt will
remain below its 25% upgrade threshold over the next 12 months. As
a result, the transaction does not affect its 'BB+' issuer credit
rating or stable outlook.
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P said, "We assigned our 'BB+' issue-level rating and '3'
recovery rating to Carnival's proposed $2 billion senior unsecured
notes due 2032. The '3' recovery rating indicates our expectation
for meaningful (50%-70%; rounded estimate: 65%) recovery for
noteholders."
-- S&P said, "Our 'BBB-' issue-level rating and '1' recovery
rating on Carnival's first-lien secured debt are unchanged. The '1'
recovery rating indicates our expectation for very high (90%-100%;
rounded estimate: 95%) recovery. We cap our issue-level ratings on
the debt of most companies we rate in the speculative-grade
category at 'BBB-' regardless of our recovery rating."
-- S&P said, "Our 'BB+' issue-level rating and '3' recovery rating
on Carnival's other unsecured debt with subsidiary guarantees are
unchanged. The '3' recovery rating indicates our expectation for
meaningful (50%-70%; rounded estimate: 65%) recovery."
-- S&P said, "Our 'BB+' issue-level rating and '4' recovery rating
on Carnival's unsecured debt without subsidiary guarantees are
unchanged. The '4' recovery rating indicates our expectation for
average (30%-50%; rounded estimate: 45%) recovery."
Simulated default assumptions
-- S&P's simulated default scenario considers a default occurring
in 2030 due to a significant decline in cash flow stemming from a
prolonged economic downturn, a significant health or safety event,
escalating geopolitical conflicts, or increased competitive
pressures that substantially reduce the demand for cruising.
-- S&P estimates a gross enterprise value (EV) at emergence of
about $24.6 billion by applying a 7.0x multiple to its estimate of
the company's EBITDA at emergence. This multiple is at the high end
of its range for leisure companies, reflecting Carnival's good
position in the cruise industry, which is a small but
underpenetrated segment of the overall travel and vacation
industry.
-- S&P allocate its estimate of gross EV at emergence among the
secured and unsecured claims based on its understanding of the
contributions, by asset value, from parents Carnival Corp. and
Carnival PLC and the subsidiary guarantors.
-- S&P assumes about 53% of our estimated gross EV at emergence is
available to cover the first-priority secured claims, about 30% is
at remaining unencumbered vessels and available to cover the
unsecured claims that benefit from subsidiary guarantees, and about
18% is at remaining unencumbered vessels and available to cover the
unsecured claims that benefit from parent guarantees.
-- S&P said, "Under our analysis, about $12 billion of the net EV
would be available to cover secured claims. After satisfying the
first-priority secured claims, the remaining value we estimate at
about $8.9 billion would be allocated among the claims that benefit
from subsidiary guarantees and those that benefit only from parent
guarantees. We understand substantial collateral sits at the
subsidiary guarantors."
-- S&P said, "We estimate that about $11.9 billion of the EV at
default will be directly available to the unsecured debt benefiting
from subsidiary guarantees. This includes $5.1 billion of residual
collateral value, after satisfying various secured claims, and an
additional $6.8 billion (our estimated value of the remaining
unencumbered vessels at subsidiaries). The $11.9 billion of total
value only partially covers our estimate of the unsecured debt with
subsidiary guarantees at default. We assume these deficiency claims
rank pari passu with the unsecured debt that only benefits from
parent guarantees."
-- S&P said, "We estimate about $7.9 billion of EV at default will
be available to the unsecured debt that has only parent guarantees.
This includes about $3.8 billion of residual collateral value,
after satisfying various secured claims, and an additional $4.1
billion that reflects the value of the remaining unencumbered
vessels held at the parent. The total value of $7.9 billion only
partially covers our estimate of those unsecured claims and pari
passu deficiency claims at default."
-- Carnival recently entered into a new $4.5 billion revolving
credit facility, due June 2030, that replaced its previous $3
billion revolving credit facility issued by Carnival Holdings II.
-- S&P assumes the facility is 85% drawn at default.
Simplified waterfall
-- Emergence EBITDA: $3.5 billion
-- EBITDA multiple: 7.0x
-- Gross EV: $24.6 billion
-- Net EV (after 7% administrative expenses): $22.9 billion
-- Value attributable to collateral/noncollateral: $12.0
billion/$10.9 billion
-- Value available to first-lien secured claims: $12.0 billion
-- Estimated first-lien secured claims at default: $3.2 billion
--Recovery expectations: 90%-100% (rounded estimate: 95%)
-- Residual value available from collateral after satisfying
first-lien secured claims: $8.9 billion
-- Residual value available from collateral for unsecured claims
that benefit from subsidiary guarantees: $5.1 billion
-- Residual value available from collateral for unsecured debt
that benefits from parent guarantees: $3.8 billion
-- Value available to unsecured claims that benefit from
subsidiary guarantees: $11.9 billion
-- Pro rata share of parent value: $7.4 billion
-- Total value available to unsecured claims that benefit from
subsidiary guarantees: $19.3 billion
-- Estimated unsecured claims that benefit from subsidiary
guarantees at default: $27.6 billion
--Recovery expectations: 50%-70% (rounded estimate: 65%)
-- Value available to unsecured debt with only parent guarantees:
About $420 million
-- Unsecured claims with only parent guarantees at default: $892
million
--Recovery expectations: 30%-50% (rounded estimate: 45%)
Note: All debt amounts include six months of prepetition interest.
CENTER FOR SPECIAL: Court OK's Largo Properties Sale to 21 Property
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has approved Michael Goldberg, the Chapter 11 Trustee of
Artspace Properties LLC, an affiliate of The Center for Special
Needs Trust Administration Inc., to sell Property, free and clear
of liens, claims, and encumbrances.
The Debtor is a 501(c)(3) non-profit Florida corporation that
administers pooled trusts and special needs trusts. The Debtor is
the trustee or co-trustee of numerous special needs trusts,
including both stand-alone trusts and pooled trusts for
approximately 2,000 beneficiaries who suffer from various levels of
disability. The Debtor's primary service as trustee of the Trusts
is to manage the Trusts, maintain records for assets managed by
third party investment managers, respond to request for
distributions from Beneficiaries, and make distributions in a
manner that still ensures that the applicable beneficiary meets the
income and asset thresholds to qualify for certain public
assistance benefits, such as Medicaid, Social Security, or
Supplemental Security Income. The Debtor's services help to ensure
that Beneficiaries maintain their qualification for these critical
public assistance benefits.
The Debtor was initially established by Leo Govoni, who served on
the Debtor's Board of Directors until he resigned in 2008 or early
to mid-2009. However following his resignation, Govoni allegedly
continued to control and exert his influence over the Debtor's
operation and finances through a web of corporate entities.
The Chapter 11 Trustee, through its Final Judgment against Boston
Finance Group, LLC (BFG), has established that BFG received
numerous transfers of funds from the Debtor totaling well over $100
million between 2009 and 2020. The funds utilized to make these
transfers were allegedly taken from over 1,000 Trusts managed by
the Debtor and the transfers were documented as a purported loan
from the Debtor to BFG.
Until June 3, 2025, Govoni owned interests in many other companies
that also allegedly received transfers from the Debtor over the
years, including but not limited to Artspace. Artspace is a Florida
limited liability company formed in 2011 that maintains a principal
office at 12707 49th Street N., Suite 300, Clearwater, FL 33762.
The Court recognized that the proposed sale of 3256 Adrian Ave,
Largo, FL 33774 and 3258 Adrian Ave, Largo, FL 33774 between the
Trustee and the purchaser, 21 Property Group, for a total purchase
price of $375,000 was the result of arm's-length, good-faith
negotiations.
The Court has authorized the Debtor to sell the Properties to 21
Property Group for $375,000.
The Court also ordered to transfer all of Mr. Govon's LLC
membership interests to the Chapter 11 Trustee, the Chapter 11
Trustee is the sole member of Artspace Properties LLC.
As the Chief Restructuring Officer of Artspace Properties, LLC,
Bill Long has the authority to hire a real estate professional,
negotiate the sale of real property, and sign the purchase and sale
agreement.
Moreover, the Chapter 11 Trustee, on behalf of Artspace Properties
LLC, is authorized to execute transfer and conveyance documents and
any other required documentation in order to complete the sale of
the Real Properties.
The Proposed Sale of the Real Properties is approved, with 100% of
the net sale proceeds to go to the Teal Holdings, LLC.
About The Center for Special Needs Trust Administration
The Center for Special Needs Trust Administration, Inc. filed
Chapter 11 petition (Bankr. M.D. Fla. Case No. 24-00676) on Feb. 9,
2024, with $100 million to $500 million in both assets and
liabilities.
Judge Roberta A. Colton oversees the case.
Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, PA
is the Debtor's legal counsel.
On March 4, 2024, the U.S. Trustee appointed an official committee
of unsecured creditors in this Chapter 11 case. The committee
tapped Underwood Murray, PA as bankruptcy counsel and Gilbert
Garcia Group, PA as special counsel.
CFMS TEXAS: Seeks to Hire Joyce W. Lindauer as Bankruptcy Counsel
-----------------------------------------------------------------
CFMS Texas Properties LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to hire Joyce W. Lindauer
Attorney, PLLC to handle its Chapter 11 case.
The firm will be paid at these rates:
Joyce W. Lindauer $595 per hour
Laurance Boyd $295 per hour
Dian Gwinnup $250 per hour
Paralegal $125 to $250 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Joyce W. Lindauer, Esq., a partner at Joyce W. Lindauer Attorney,
PLLC, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Joyce W. Lindauer, Esq.
Joyce W. Lindauer Attorney, PLLC
1412 Main Street, Suite 500
Dallas, TX 75202
Tel: (972) 503 4033
Fax: (972) 503-4034
About CFMS Texas Properties LLC
CFMS Texas Properties LLC is a single-asset real estate company
whose principal asset is located at 6001 Tension Drive, Fort Worth,
TX 76112.
CFMS Texas Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-42027) on June
2, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated assets between
$100,000 and $500,000.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtors are represented by Joyce W. Lindauer, Esq. at JOYCE W.
LINDAUER ATTORNEY, PLLC.
CHARTER SCHOOL: Hires Goodwin Procter LLP as Counsel
----------------------------------------------------
Charter School Capital, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Goodwin
Procter LLP as counsel.
The firm's services include:
(a) advising the Debtor with respect to its powers and duties as
debtor and debtor in possession in the continued management and
operation of its business and properties;
(b) attending meetings and negotiating with representatives of
creditors and other parties-in-interest, and advising and
consulting on the conduct of the Chapter 11 Case, including all of
the legal and administrative requirements of operating in chapter
11;
(c) taking approved necessary action to protect and preserve the
Debtor's estate, including the prosecution of actions on the
Debtor's behalf, the defense of any actions commenced against the
Debtor's estate, negotiations concerning litigation in which the
Debtor may be involved and objections to claims filed against the
Debtor's estate;
(d) preparing on behalf of the Debtor all requested motions,
applications, answers, orders, reports and papers necessary to the
administration of its estate;
(e) advising the Debtor in connection with any sales of assets;
(f) advising the Debtor concerning executory contract and
unexpired lease assumptions, assignments and rejections;
(g) assisting the Debtor in reviewing, estimating and resolving
claims asserted against the Debtor's estate;
(h) preparing and negotiating on the Debtor's behalf a plan of
reorganization, a disclosure statement and all related agreements
and/or documents and taking any necessary action on behalf of the
Debtor to obtain confirmation of such plan;
(i) appearing before this Court, any appellate courts, and the
U.S. Trustee (as defined herein) and protecting the interests of
the Debtor's estate before such courts and the U.S. Trustee; and
(j) performing as requested all other necessary legal services
and providing all other necessary legal advice to the Debtor in
connection with the Chapter 11 Case.
The firm will be paid at these rates:
Partner $1,400 to $2,450 per hour
Counsels $1,300 to $2,280 per hour
Associates $870 to $1,370 per hour
Paralegals $380 to $740 per hour
Prior to the Petition Date, the Debtor paid the firm the amount of
$450,000 as retainer.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Jarashow 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:
Howard S. Steel, Esq.
Stacy Dasaro, Esq.
Kizzy L. Jarashow, Esq.
James Lathrop, Esq.
Goodwin Procter LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018-1405
Tel: (212) 813-8800
Fax: (212) 355-3333
Email: hsteel@goodwinlaw.com
kjarashow@goodwinlaw.com
sdasaro@goodwinlaw.com
jlathrop@goodwinlaw.com
About Charter School Capital, Inc.
Charter School Capital Inc. is a provider of funding to charter
schools across the U.S.
Charter School Capital Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11016) on June 8,
2025. In its petition, the Debtor reported between $10 billion and
$50 billion in assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor is represented by James R. Risener, III, Esq., Ethan H.
Sulik, Esq., Brett Michael Haywood, Esq., and Aaron H. Stulman,
Esq., at Potter Anderson & Corroon, LLP.
CHARTER SCHOOL: Hires Ordinary Course Professionals
---------------------------------------------------
Charter School Capital, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ the
following ordinary course professionals.
Professional Services Provided Monthly Fee Cap
Delap LLP Accounting and Auditing $25,000
Services
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.
About Charter School Capital, Inc.
Charter School Capital Inc. is a provider of funding to charter
schools across the U.S.
Charter School Capital Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11016) on June 8,
2025. In its petition, the Debtor reported between $10 billion and
$50 billion in assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor is represented by James R. Risener, III, Esq., Ethan H.
Sulik, Esq., Brett Michael Haywood, Esq., and Aaron H. Stulman,
Esq., at Potter Anderson & Corroon, LLP.
CHARTER SCHOOL: Hires Potter Anderson & Corroon LLP as Co-Counsel
-----------------------------------------------------------------
Charter School Capital, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Potter
Anderson & Corroon LLP as co-counsel.
The firm's services include:
a. advising the Debtor of its rights, powers, and duties as a
debtor and debtor in possession under chapter 11 of the Bankruptcy
Code;
b. taking action to protect and preserve the Debtor's estate,
including the prosecution of actions on the Debtor's behalf, the
defense of actions commenced against the Debtor in the Chapter 11
Case, the negotiation of disputes in which the Debtor is involved,
and the preparation of objections to claims filed against the
Debtor;
c. appearing in Court and at any meeting required by the Office
of the United States Trustee for the District of Delaware (the
"U.S. Trustee") and any meeting of creditors at any given time on
behalf of the Debtor as its counsel;
d. assisting with any disposition of the Debtor's assets by sale
or otherwise;
e. preparing, on behalf of the Debtor, motions, applications,
answers, orders, reports, and papers in connection with the
administration of the Debtor's estate;
f. preparing any plan of reorganization;
g. preparing the disclosure statement and any related documents
and pleadings necessary to solicit votes on any plan of
reorganization;
h. prosecuting on behalf of the Debtor any proposed plan and
seeking approval of all transactions contemplated therein and, in
any amendments, thereto; and
i. performing all other services assigned by the Debtor or
Goodwin Procter to Potter Anderson. To the extent Potter Anderson
determines that such services fall outside of the scope of services
historically or generally performed by the firm in a bankruptcy
proceeding, Potter Anderson will file a supplemental declaration
pursuant to Bankruptcy Rule 2014.
The firm will be paid at these rates:
Partner $850 per hour
Counsel $775 per hour
Associates $495 to $590 per hour
Paraprofessionals $360 to $390 per hour
The firm received from the Debtor a retainer of $150,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Stulman 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:
Aaron H. Stulman, Esq.
Brett M. Haywood, Esq.
James R. Risener III, Esq.
Ethan H. Sulik, Esq.
Potter Anderson & Corroon LLP
1313 North Market Street, 6th Floor
Wilmington, DE 19801
Tel: (302) 984-6000
Fax: (302) 658-1192
Email: astulman@potteranderson.com
bhaywood@potteranderson.com
jrisener@potteranderson.com
esulik@potteranderson.com
About Charter School Capital, Inc.
Charter School Capital Inc. is a provider of funding to charter
schools across the U.S.
Charter School Capital Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11016) on June 8,
2025. In its petition, the Debtor reported between $10 billion and
$50 billion in assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor is represented by James R. Risener, III, Esq., Ethan H.
Sulik, Esq., Brett Michael Haywood, Esq., and Aaron H. Stulman,
Esq., at Potter Anderson & Corroon, LLP.
CHARTER SCHOOL: Seeks to Hire Rock Creek as Financial Advisor
-------------------------------------------------------------
Charter School Capital, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Rock Creek
Advisors, LLC as financial advisor and sales agent.
The firm will provide these services:
(a) assist the Debtor in evaluating strategic restructuring
alternatives;
(b) assist the Debtor with preparation of a 13-week cash
forecast including professional fees related to potential
restructuring alternatives;
(c) assist the Debtor in obtaining and negotiating
debtor-in-possession financing;
(d) assist the Debtor and its counsel in negotiations with
various parties-in-interest;
(e) provide guidance to the Debtor in completing the necessary
schedules to accompany restructuring alternatives;
(f) assist the Debtor with the preparation of data in order to
prepare the petition, schedules, pleadings and fiduciary filings
required in a bankruptcy proceeding;
(g) assist the Debtor and counsel to provide the Debtor and/or
the court any information necessary to confirm and consummate a
plan in a bankruptcy proceeding; and
(h) support the Debtor in such matters as the board of directors
of the Debtor shall request or require from time to time.
The firm will be paid at these rates:
Managing Directors $450 to $610 per hour
Managers and Senior Managers $325 to $450 per hour
Associates and Staffs $200 to $325 per hour
The Debtor paid the firm a retainer of $50,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Ayers 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:
Brian Ayers
Rock Creek Advisors, LLC
1738 Belmar Blvd.
Belmar, NJ 07719
Tel: (201) 315-2521
About Charter School Capital, Inc.
Charter School Capital Inc. is a provider of funding to charter
schools across the U.S.
Charter School Capital Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11016) on June 8,
2025. In its petition, the Debtor reported between $10 billion and
$50 billion in assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor is represented by James R. Risener, III, Esq., Ethan H.
Sulik, Esq., Brett Michael Haywood, Esq., and Aaron H. Stulman,
Esq., at Potter Anderson & Corroon, LLP.
CHERRY HILL: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: Cherry Hill Portfolio LLC
199 Lee Avenue
Suite 1000
Brooklyn, NY 11211
Business Description: Cherry Hill Portfolio LLC is a real estate
lessor with principal assets located at 119
Cherry Hill Road in Parsippany, New Jersey.
Chapter 11 Petition Date: July 2, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-43199
Judge: Hon. Jil Mazer-Marino
Debtor's Counsel: Eric H. Horn, Esq.
A.Y. STRAUSS, ATTORNEYS AT LAW
290 W Mount Pleasant Ave., Suite 3260
Livingston, New Jersey 07039
Tel: (973) 287-5006
E-mail: ehorn@aystrauss.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
David Goldwasser, in his capacity as chief restructuring officer,
signed the petition.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2WBAC4I/Cherry_Hill_Portfolio_LLC__nyebke-25-43199__0001.0.pdf?mcid=tGE4TAMA
CINEMEX HOLDINGS: Files Subchapter V to Restructure, Eyes Q3 Exit
-----------------------------------------------------------------
Cinemex Holdings USA, Inc., and certain affiliates, an operator of
premium cinemas across the U.S., announced on July 1, 2025, that it
has commenced proceedings under Subchapter V in the United States
Bankruptcy Court for the Southern District of Florida.
As part of these Subchapter V proceedings, CMX, with the support of
its secured lender, will seek to reduce its obligations, strengthen
its balance sheet, and restructure its business while protecting
its employees and emerging in a stronger and more viable long-term
financial position to continue serving customers across the United
States.
CMX expects to file a proposed plan of reorganization with the
Court in due course and to meet the necessary requirements to
emerge from Subchapter V as expeditiously as possible. CMX
currently anticipates emerging from Subchapter V during the first
part of the third quarter of 2025 and is confident that a
comprehensive financial restructuring is in the best interests of
CMX, its stakeholders, and business partners overall. CMX looks
forward to working with its creditors and stakeholders to advance
efforts to restructure its balance sheet. As part of the
restructuring process, CMX intends to evaluate its lease portfolio
and engage in collaborative discussions with landlords to improve
lease terms and better position CMX for long-term growth.
Subchapter V is a court-supervised streamlined process that
provides a forum for the efficient reorganization of CMX's business
and balance sheet. CMX will remain in possession and control of its
assets. Existing management and the board of directors will remain
in control of the business, and CMX's operations will continue
without interruption.
BUSINESS AS USUAL:
During the restructuring process, CMX expects to operate its
business and cinemas without interruption. In conjunction with the
Subchapter V filings, CMX has submitted certain customary
"first-day" motions to obtain the necessary court authority to
continue honoring commitments with business partners and operating
in the ordinary course of business--without disruption to
customers, vendors, suppliers, or employees, as much as
practicable.
CMX intends to pay all vendors and suppliers in full and on normal
terms for valid amounts owed for goods and services received during
the Subchapter V process. In addition, CMX expects employees will
continue to receive their usual wages and benefits without
interruption. CMX's available cash reserves, along with cash
generated by operations, are expected to provide sufficient
liquidity to meet ongoing obligations--including post-petition
payments to vendors and suppliers, as well as wages, salaries, and
employee benefits.
CMX continues to welcome customers to its cinemas as usual, and
this will not change during the Subchapter V proceedings. CMX
expects to continue honoring the terms of all existing customer
membership programs, including CMX Rewards and CMX Passport.
Additional information on the Subchapter V proceedings can be found
at: https://omniagentsolutions.com/CMXCinemas
GlassRatner is providing financial advisory services, while Quinn
Emanuel Urquhart & Sullivan, LLP, and Bast Amron LLP are serving as
legal counsel.
About Cinemex Holdings USA
Cinemex Holdings USA, Inc. is a holding company for cinema
operations including CMX Cinema.
Cinemex Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-17559) on June 30,
2025. In its petition, the Debtor reports estimated assets between
$100,001 and $500,000, with liabilities under $50,000.
Honorable Bankruptcy Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Jeffrey P. Bast, Esq. at Bast Amron
LLP.
CMB DATA: Seeks to Extend Plan Filing Deadline to July 14
---------------------------------------------------------
CMB Data Entry Services, LLC, asked the U.S. Bankruptcy Court for
the Western District of Pennsylvania to extend its period to file a
Chapter 11 Plan and Disclosure Statement to July 14, 2025.
The Debtor explains that its counsel has prepared a draft Chapter
11 Plan and Disclosure Statement and has submitted it to the
company's principal for review. The principal of the Debtor is also
continuing to finalize the budget projections to be included with
the filed Chapter 11 Plan and Disclosure Statement.
The Debtor and counsel believe that a Chapter 11 Plan can be filed
by July 14, 2025, which will give the Debtor and counsel time to
meet and make any necessary changes to the drafts prior to filing.
The Debtor does not anticipate needing any additional time to file
a Plan and Disclosure Statement after this extension. The Debtor
has met and continues to meet all operating requirements of a
Chapter 11 Debtor including the filing of monthly operating reports
and payment of US Trustee fees.
The Debtor believes that no parties will be harmed or prejudiced by
the extension of the exclusivity period to file a Chapter 11 Plan.
There are no pending motions for relief, dismissal requests, or any
other litigation happening in the case at this time that would
impact the ability to reorganize.
CMB Data Entry Services, LLC is represented by:
Christopher M. Frye, Esq.
Steidl & Steinberg, P.C.
Koppers Building, Suite 322
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 391-8000
Email: chris.frye@steidl-steinberg.com
About CMB Data Entry Services
CMB Data Entry Services, LLC, doing business as Axion Data
Services, is a limited liability company in Bethel Park, Pa.
CMB filed a Chapter 11 petition (Bankr. W.D. Pa. Case No. 24-23131)
on December 27, 2024. In its petition, the Debtor reported up to
$50,000 in assets and between $1 million and $10 million in
liabilities.
Judge John C. Melaragno oversees the case.
The Debtor is represented by Christopher M. Frye, Esq., at Steidl &
Steinberg.
CNT HOLDINGS: S&P Affirms 'B' Rating on Senior Secured Debt
-----------------------------------------------------------
S&P Global Ratings affirmed its 'B' issue-level rating on CNT
Holdings I Corp.'s (doing business as 1-800 Contacts) senior
secured debt in light of its proposed $250 million first-lien
fungible add-on to its term loan. The recovery rating was revised
to '3' from '4'. The '3' recovery rating indicates its expectation
for meaningful recovery (50%-70%; rounded estimate 55%) in the
event of a payment default. Our 'B' rating on CNT and stable
outlook are unchanged.
S&P said, "The upward revision of our recovery rating reflects
CNT's market share gains and expanded customer base following
greater adoption of online retail during the COVID-19 pandemic, as
well as continued growth in the last two years that shows a durable
customer value-proposition. It also reflects stronger brand
recognition, substantial software assets, a sizable distribution
infrastructure, and relationships with vendors, among other
factors. We believe these improved characteristics more than offset
the increase in debt and shareholder distributions in the current
transaction. Additionally, we believe our updated recovery
assumptions are comparable to other eyecare vendors and select
online retailers.
"Our 'B' rating on CNT and stable outlook are unchanged as we
project leverage will remain largely unchanged from 5.7x in 2024
despite additional debt, given solid EBITDA growth. Furthermore,
our current issuer credit rating assumes the company will
prioritize shareholder distributions over permanent deleveraging.
However, we believe that CNT will keep leverage below our downside
trigger, including adjusted debt to EBITDA sustained above 7x.
"Furthermore, our 'B' rating on CNT continues to reflect its
outsized growth, nondiscretionary and largely recurring revenue
profile, high retention rates, and improving EBITDA margins, as
well as our expectation of continued growth. These strengths are
mostly offset by the company's niche focus, geographic
concentration in the U.S., and competition with both much larger,
better capitalized retailers and independent eye doctors who have a
personal connection to patients. We expect growth to continue to be
driven by the ongoing secular shift in consumer purchasing habits
toward online platforms and the increasing prevalence of myopia."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- Following the proposed transaction, CNT's capital structure
will be comprised of a $150 million senior secured revolving credit
facility (assumed 85% drawn at hypothetical default) and $1.75
billion of senior secured term loans.
-- S&P's simulated default considers a default in 2028, driven by
competitive pressures from other industry participants and
strategic missteps that lead to lost customers.
-- S&P's simulated default assumes CNT reorganizes as a going
concern to maximize lenders' recovery prospects.
-- S&P uses an enterprise valuation approach to assess recovery
prospects and apply a 6.0x multiple to our assumed emergence level
EBITDA, which is higher than most brick-and-mortar retailers and
reflects the company's capital-lite operations and solid industry
growth tailwinds.
Simulated default assumptions
-- Simulated year of default: 2028
-- EBITDA at emergence: $188 million
-- EBITDA multiple: 6.0x
-- Estimated gross enterprise value (EV) at emergence: $1,128
million
Simplified waterfall
-- Net EV (after 5% administrative costs): $1,072 million
-- Valuation split (obligors/nonobligors/unpledged): 100%/0%/0%
-- First-lien credit facility claims: $1.875 billion
--Recovery expectations: 50%-70% (rounded estimate: 55%)
*All debt amounts include six months of prepetition interest
CORINTH AUTUMN: Trustee Taps Property Tax Advocates as Consultant
-----------------------------------------------------------------
Stuart Walker, the Trustee for Corinth Autumn Oaks, L.P., seeks
approval from the U.S. Bankruptcy Court for the Northern District
of Texas to employ Property Tax Advocates, Inc. as property-tax
consultants.
The firm will render these services:
(a) serve as the Trustee's agent in connection with all real
and personal property tax-valuation appeal(s) for the 2025 tax year
to the appropriate governing authority, appraisal-review board, or
court of law with respect to the Property; and
(b) provide advice, information, or other assistance to the
Trustee's other professionals in connection with attempting to
obtain tax savings for the 2025 tax year.
PTA will receive the following compensation:
(a) 25 percent contingency of the amount of tax savings
resulting from any appeal(s) for 2025 and the advice, information,
or assistance provided by PTA (with a maximum fee of $5,000 for
such work);
(b) If the Trustee appeals an assessment in a court of law or
by binding arbitration, the contingency fee shall increase by 50
percent.
(c) The Trustee shall reimburse PTA for all filing fees.
Scott Biggs, a consultant at PTA, assured the court that the firm
is a "disinterested person" as the term is defined in 11 U.S.C.
101(14).
The consultant can be reached through:
Scott Biggs
Property Tax Advocates, Inc.
6500 N. Belt Line Road Ste
260 Irving, TX 75063
Telephone: (972) 550-8877
Facsimile: (972) 550-8919
Email: sbiggs@proptaxadv.com
About Corinth Autumn Oaks L.P.
Corinth Autumn Oaks L.P. is a senior care community and a member of
the National Association of Activity Professionals. As trained and
specialized caregivers, Corinth Autumn Oaks provides personalized
assistance in activities of daily living, supportive services, and
compassionate care to its assisted living residents.
Creditor Corinth AO GP, LLC filed involuntary Chapter 11 petition
against Corinth Autumn Oaks (Bankr. N.D. Texas Case No. 24-44464)
on December 2, 2024. The creditor is represented by:
Gregory W. Mitchell, Esq.
Freeman Law, PLLC
7011 Main Street
Frisco TX 75034
Tel: (214) 924-3124
Email: gmitchell@freemanlaw.com
Judge Edward L. Morris oversees the case.
CORVIAS CAMPUS: Georgia Board Requests Bankruptcy Case Transfer
---------------------------------------------------------------
James Nani of Bloomberg Law reports that the governing body of the
University System of Georgia has asked a federal court to move the
bankruptcy case of Corvias Campus Living – USG LLC, a student
housing manager, from Delaware to Georgia.
In a motion filed July 3, 2025 in the U.S. Bankruptcy Court for the
District of Delaware, the Board of Regents argued that the
company's ties to Delaware -- its state of incorporation -- are
minimal compared to its deep connections to Georgia. The board said
the outcome of the case could have "profound implications" for
Georgia's students, colleges and universities, workforce, and
taxpayers.
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 the petition signed by Thelma Edgell as president, the
Debtor reported estimated assets of $10 million to $50,000 and
estimated liabilities of $500 million to $1 billion.
The Hon. Thomas M. Horan presides over the case.
The Debtor is represented by Morris, Nichols, Arsht & Tunnell LLP.
Cohnreznick Advisory LLC is the Debtor's financial advisor and
Holland & Knight LLP is the Debtor's special counsel. Donlin,
Recano & Company LLC is the Debtor's claims and noticing agent.
COSTELLO SR.-ALLEN: Gets Final OK to Use Cash Collateral
--------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of New York
issued a final order authorizing Costello Sr.-Allen Optometrists,
PLLC to use cash collateral.
The final order authorized the Debtor to use cash collateral as per
an approved monthly budget for payroll, operations, and
administrative costs.
The U.S. Small Business Administration and other secured creditors
will be granted retain valid, binding and perfected replacement
liens on and security interests in their collateral.
As further protection, SBA will receive a monthly payment of $2,471
until its Subchapter V plan becomes effective. Payments will start
on July 15.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/i1SPJ from PacerMonitor.com.
About Costello Sr.-Allen Optometrists
Costello Sr.-Allen Optometrists, PLLC, doing business as Allen Eye
Associates, is an optometry practice based in Oneida, N.Y. The
clinic provides comprehensive eye care services including routine
eye exams, contact lens fittings, dry eye therapy, and disease
management.
Costello Sr.-Allen Optometrists sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-60379) on May
1, 2025. In its petition, the Debtor reported total assets of
$583,120 and total liabilities of $2,622,871.
Judge Patrick G. Radel oversees the case.
The Debtor tapped Peter A. Orville, Esq., at Orville & McDonald
Law, P.C. and Gregory F. Wilt CPA, PC as tax and payroll
accountant.
COVE CASTLES: Hires KCW Carty & Rogers as Special Counsel
---------------------------------------------------------
Cove Castles Development Corporation seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ KCW Carty &
Rogers as special counsel.
The Debtor needs the firm to provide advise under Anguillan law
concerning the sale of the Resort, a 10 acres of land at the West
End Section of Shoal Bay on the Caribbean island of Anguilla,
called "Cove Castles Resort" and negotiations with the GOA, as well
as other issues of Anguillan law that may come up involving the
Debtor.
The firm will be paid at these rates:
Keesha Carty $400 per hour
Nakishma Rogers $350 per hour
Legal Assistant $150 per hour
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:
Keesha Carty
KCW Carty & Rogers
Suite #2 Pat Ban Building
The Valley, Anguilla
Tel: (264) 497-7240
About Cove Castles Development Corporation
Cove Castles Development Corporation is primarily engaged in
renting and leasing real estate properties.
Cove Castles Development Corporation sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case
No. 24-11667) on August 6, 2024. In the petition signed by Michael
H. Steinhardt, as Board Member, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $10
million and $50 million.
The Honorable Bankruptcy Judge Thomas M. Horan oversees the case.
The Debtor is represented by Garvan F. McDaniel, Esq. of HOGAN
MCDANIEL.
COVIAN ENTERPRISES: Hires Barron & Newburger PC as Legal Counsel
----------------------------------------------------------------
Covian Enterprises, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ Barron &
Newburger, PC as legal counsel.
The firm will render these services:
(a) advise the Debtor of its rights, powers, and duties in the
continued management of its assets;
(b) review the nature and validity of claims asserted against
the property of the Debtor and advise concerning the enforceability
of such claims;
(c) prepare on behalf of the Debtor all necessary and
appropriate legal documents, and review all financial and other
reports to be filed in the Chapter 11 case;
(d) advise the Debtor concerning and prepare responses to,
legal papers which may be filed in the Chapter 11 case;
(e) counsel the Debtor in connection with the formulation,
negotiation, and promulgation of a plan of reorganization and
related documents;
(f) perform all other legal services for and on behalf of the
Debtor which may be necessary and appropriate in the administration
of the Chapter 11 case and its business; and
(g) work with professionals retained by other parties in
interest in this case to attempt to obtain approval of a consensual
plan of reorganization for the Debtor.
The firm will be paid at these rates:
Stephen Sather, Attorney $650 per hour
Other Attorneys $250 to $450 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer in the amount of $15,000 from Debtor
on March 26, 2025.
Mr. Sather disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Stephen Sather, Esq.
Barron & Newburger, PC
7320 N. MoPac Expwy., Suite 400
Austin, TX 78731
Telephone: (512) 649-3243
Email: ssather@bn-lawyers.com
About Covian Enterprises, Inc.
Covian Enterprises, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Texas Case No. 25-10783) on May
28, 2025, listing up to $50,000 in assets and up to $10 million in
liabilities. James J. Covian, vice president and co-owner of Covian
Enterprises, signed the petition.
Judge Shad Robinson oversees the case.
Stephen W. Sather, Esq., at Barron & Newburger, P.C., represents
the Debtor as legal counsel.
CRYPTO CO: Borrows $68,000 From AJB Capital
-------------------------------------------
The Crypto Company entered into a Securities Purchase Agreement
with AJB Capital Investments LLC, issuing a $68,000 promissory note
and a pre-funded warrant to acquire up to 50 million shares of its
common stock. Executed June 30, the deal brought in net proceeds
of $51,381.35 after fees, with funds accessible upon the Company's
borrowing request, according to a Form 8-K filed with the
Securities and Exchange Commission.
The maturity date of the AJB Note is Dec. 11, 2025. The AJB Note
bears interest at a rate of 12% per calendar year from the date of
issuance. Interest accrues monthly and is payable at maturity,
upon acceleration, prepayment, or otherwise. The Company may
prepay the AJB Note at any time without penalty. Under the terms
of the AJB Note, the Company may not issue additional debt that is
not subordinate to AJB, must comply with the Company's reporting
requirements under the Securities Exchange Act of 1934, and must
maintain the listing of the Company's common stock on the OTC
Market or other exchange, among other restrictions and
requirements. The Company's failure to make required payments
under the AJB Note or to comply with any of these covenants, among
other matters, would constitute an event of default. Upon an event
of default under the AJB SPA or AJB Note, the AJB Note will bear
interest at the lesser of 18% per annum or the maximum amount
permitted under law, AJB may immediately accelerate the AJB Note
due date, AJB may convert the amount outstanding under the AJB Note
into shares of Company common stock at a discount to the market
price of the stock, and AJB will be entitled to its costs of
collection, among other penalties and remedies.
The AJB Warrant entitles AJB to subscribe for and purchase from the
Company up to 50,000,000 shares of the Company's common stock. The
aggregate exercise price of the AJB Warrant was pre-funded to the
Company. Consequently, AJB need not pay any additional
consideration to exercise the AJB Warrant, other than a nominal
exercise price of $.00001 per share. If the Company, while the AJB
Warrant is outstanding, engages in a fundamental transaction,
including, but not limited to, a merger, a disposition of all or
substantially all of its assets, or a consummation of a stock
purchase agreement that results in a change of control, then AJB
will have the right to receive, for each share of common stock that
would have been issuable prior to the occurrence of such a
fundamental transaction, the number of shares of capital stock of
the successor, of the acquiring corporation, or of the Company if
it is the surviving corporation, and any additional consideration
receivable as a result of such a fundamental transaction by a
holder of the number of shares of common stock for which the AJB
Warrant is immediately exercisable prior to such a fundamental
transaction.
The Company provided various representations, warranties, and
covenants to AJB in the AJB SPA. The Company's breach of any
representation or warranty, or failure to comply with the covenants
would constitute an event of default.
Crypto Co also entered into a Security Agreement with AJB pursuant
to which the Company granted to AJB a security interest in all of
the Company's assets to secure the Company's obligations under the
AJB SPA and AJB Note.
About Crypto Co
The Crypto Company provides consulting and educational services
focused on blockchain technology, including enterprise solutions
and infrastructure development. It operates solely through these
consulting activities and is headquartered in Malibu, California.
In an audit 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.
The Company's net loss was $6,643,709 for the year ended Dec. 31,
2024. Its working capital was negative $6,685,767 as of Dec. 31,
2024.
The Company said in its quarterly report for the period ended March
31, 2025, that its ability to continue as a going concern depends
on generating future profits and securing financing to meet
obligations as they come due. Management is exploring options
including private placements, debt financing, partnerships, and
collaborations, but noted there is no guarantee these efforts will
succeed.
CTCHGC LLC: Hires Barron & Newburger P.C. as Counsel
----------------------------------------------------
CTCHGC, LLC d/b/a Central Texas Gun Works and its affiliates seek
approval from the U.S. Bankruptcy Court for the Western District of
Texas to employ Barron & Newburger, P.C. as counsel.
The firm will render these services:
(a) advise the Debtor of its rights, powers, and duties in the
continued management of its assets;
(b) review the nature and validity of claims asserted against
the property of the Debtor and advise concerning the enforceability
of such claims;
(c) prepare on behalf of the Debtor all necessary and
appropriate legal documents, and review all financial and other
reports to be filed in the Chapter 11 case;
(d) advise the Debtor concerning and prepare responses to,
legal papers which may be filed in the Chapter 11 case;
(e) counsel the Debtor in connection with the formulation,
negotiation, and promulgation of a plan of reorganization and
related documents;
(f) perform all other legal services for and on behalf of the
Debtor which may be necessary and appropriate in the administration
of the Chapter 11 case and its business; and
(g) work with professionals retained by other parties in
interest in this case to attempt to obtain approval of a consensual
plan of reorganization for the Debtor.
The firm will be paid at these hourly rates:
Stephen Sather, Attorney $650 per hour
Attorneys $250 to $450 per hour
Legal Assistants $40 to $100 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Sather disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Stephen Sather, Esq.
Barron & Newburger, PC
7320 N. MoPac Expwy., Suite 400
Austin, TX 78731
Tel: (512) 649-3243
Email: ssather@bn-lawyers.com
About CTCHGC, LLC d/b/a Central Texas Gun Works
CTCHGC LLC, doing business as Central Texas Gun Works, Centex Guns,
and CTGW, is a firearms academy in Austin, Texas. The Company
offers a straightforward and hassle-free way of obtaining Texas
license to carry a handgun and various gun safety classes,
including Identogo fingerprint services. Central Texas Gun Works
also has a great selection of handguns, rifles, shotguns, knives
and accessories in stock at the gun store showroom.
CTCHGC LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-11072) on
September 2, 2024. In the petition filed by Michael D. Cargill, as
manager, the Debtor reports total assets of $363,309 and total
liabilities of $2,677,635.
The Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Kell C. Mercer, Esq. at KELL C.
MERCER, P.C.
CYANOTECH CORP: Posts $3.2M FY25 Loss, Warns of Going Concern Doubt
-------------------------------------------------------------------
Cyanotech Corporation filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting a net loss of
$3.2 million for the year ended March 31, 2025, compared to a net
loss of $5.3 million for the year ended March 31, 2024.
As of March 31, 2025, Cyanotech had an accumulated deficit of
approximately $26.1 million, primarily as a result of current and
prior year losses. Historically, the Company have relied upon cash
from operations and financing activities to fund all of the cash
requirements of its business. However, no assurance can be provided
that the Company will return to profitability and, even if the
Company does return to profitability, extended periods of
profitability and net income do not assure positive cash flows.
Future periods of net losses from operations could result in
negative cash flow, may cause the Company to default on certain
covenants in its existing debt instruments, and may hamper ongoing
operations and prevent the Company from sustaining or expanding
business. The Company cannot assure that it will achieve, sustain
or increase profitability on a quarterly or annual basis in the
future. If the Company does not achieve, sustain or increase
profitability, its business will be adversely affected and our
stock price may decline.
As of March 31, 2025, the Company had $23.5 million in total
assets, $14.6 million in total liabilities, and total stockholders'
equity of $8.9 million.
Walnut Creek, Calif.-based BPM LLP, the Company's auditor since
2024, issued a "going concern" qualification in its report dated
June 20, 2025, attached to the Company's Annual Report on Form 10-K
for the fiscal year ended March 31, 2024, citing that the Company
has suffered recurring losses from operations and negative cash
flows from operations, including for the fiscal year ended March
31, 2025. Further, the Company was not in compliance with two debt
covenant requirements as of March 31, 2025. These conditions,
along with other matters raise substantial doubt about the
Company's ability to continue as a going concern.
Liquidity and Going Concern:
Cyanotech stated: "We sustained operating losses and negative cash
flows from operations for these same periods. Furthermore, we were
not in compliance with two debt covenant requirements as of March
31, 2024 and 2025. In June 2023, the Bank instituted a freeze on
additional advances from the Revolving Credit Agreement."
"As of March 31, 2025, we had cash of $0.3 million and working
capital of $0.3 million compared to $0.7 million and $2 million,
respectively, as of March 31, 2024. We had the Line of Credit with
the Bank that provided for borrowings up to $2 million on a
revolving basis, however, as part of the covenant waiver as of
March 31, 2023, the borrowings under the Line of Credit were
frozen. On October 13, 2023, the Bank converted the Line of Credit
to a term loan in the amount of $1.48 million with an original
maturity date of August 30, 2024. As of March 31, 2025 and 2024, we
had $0.8 million and $1.2 million, respectively, outstanding on the
2023 Loan."
"We also have a loan facility with a related party that allows us
to borrow up to $4 million on a revolving basis. As of March 31,
2025 and 2024, we had $3 million and $1.25 million, respectively,
of outstanding borrowings on the Revolver, which were included in
line of credit - related party on the consolidated balance sheets.
The Revolver expires on April 12, 2026."
"As of March 31, 2025, we had $3 million of debt payable to the
Bank that requires the payment of principal and interest monthly
through August 2032. Pursuant to the 2012 Loan and 2023 Loan, we
are subject to annual financial covenants, customary affirmative
and negative covenants and certain subjective acceleration clauses.
As of March 31, 2025, our debt service coverage ratio and current
ratio fell short of the Bank's annual requirement. On June 4, 2025,
the Bank provided us with a letter waiving the covenant violations
as of March 31, 2025, but noting that the Bank reserves its right
to declare a default in the future if any covenants remain out of
compliance at applicable measurement dates. As of March 31, 2024,
our debt service coverage ratio and current ratio fell short of the
Bank's annual requirement. On September 12, 2024, the Bank provided
us with a letter waiving the covenant violations as of March 31,
2024. "
"In April 2019, we obtained a loan in the amount of $1.5 million
from a related party. The proceeds were used to pay down accounts
payable and for general operating capital purposes. On April 12,
2021, December 14, 2022, August 14, 2023, and August 9, 2024, we
amended this loan (see Note 5 and 15 in the notes to consolidated
financial statements). As of both March 31, 2025 and 2024, we had
$1 million outstanding on the related party note. The loan matures
on April 12, 2027."
"We continue to experience a loss from operations and continue to
rely on our funding source to provide liquidity. To address the
resulting continued cash flow challenges, we continue to monitor
cost savings initiatives implemented in fiscal year 2023. This
includes: stopping or slowing production of inventory in alignment
with current customer demand throughout the year, maintaining a
reduced headcount and compensation, primarily through attrition and
furloughs, respectively, and eliminating certain discretionary
selling, general and administrative and research and development
expenses. We have made some additional changes in the sales and
marketing team by hiring a Head of Sales to strengthen our
eCommerce footprint, optimize our marketing efforts and improve our
retail strategy."
"Funds generated by operating activities and available cash are our
most significant sources of liquidity for working capital
requirements, debt service and funding of maintenance levels of
capital expenditures. We have developed our operating plan to
produce a significant portion of the cash flows necessary to meet
all financial requirements, with the remaining need for capital
raising. Although we have a history of either being in compliance
with debt covenants, or obtaining the necessary waivers, execution
of our operating plan is dependent on many factors, some of which
are not within our control. However, no assurances can be provided
that we will achieve our operating plan and cash flow projections
for the next fiscal years or our projected consolidated financial
position as of March 31, 2026. Such estimates are subject to change
based on future results and such change could cause future results
to vary significantly from expected results."
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/4sthe9k8
About Cyanotech Corp.
Cyanotech Corporation, located in Kailua-Kona, Hawaii, was
incorporated in the state of Nevada on March 3, 1983, and is listed
on the NASDAQ Capital Market under the symbol "CYAN." The Company
is engaged in the production of natural products derived from
microalgae for the nutritional supplements market.
DANIEL TRUCKING: Seeks Chapter 11 Bankruptcy in Illinois
--------------------------------------------------------
On July 7, 2025, Daniel Trucking International Inc. filed Chapter
11 protection in the U.S. Bankruptcy Court for the Northern
District of Illinois. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Daniel Trucking International Inc.
Daniel Trucking International Inc. is a Wheeling, Illinois-based
transportation company.
Daniel Trucking International Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-10329) on
July 7, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
The Debtors are represented by David Freydin, Esq. at Law Offices
of David Freydin Ltd.
DEL MONTE: Gets $912.5MM Funding in Chapter 11
----------------------------------------------
ShaCamree Gowdy of AfroTech reports that Del Monte Foods has filed
for voluntary Chapter 11 bankruptcy protection as part of a
strategic initiative to restructure its debt and explore a possible
sale, the company announced in a recent statement.
To support its operations throughout the restructuring process, Del
Monte has secured $912.5 million in financing from existing
lenders, including $165 million in new capital. The funding is
subject to approval by the U.S. Bankruptcy Court for the District
of New Jersey. The filing excludes certain non-U.S. subsidiaries,
which will continue their normal operations.
"This filing represents a key move in repositioning Del Monte Foods
for long-term success," said President and CEO Greg Longstreet, as
cited by the report. "Following a thorough evaluation, we
concluded that a court-supervised sale process is the most
effective way to drive our turnaround and strengthen the company's
future. With a restructured capital base and new ownership, we'll
be better equipped for sustainable growth."
In court documents, Del Monte listed estimated liabilities and
assets each between $1 billion and $10 billion. The company also
filed standard “first day” motions to ensure the uninterrupted
delivery of products and business continuity.
"Del Monte has remained committed to feeding families for nearly
140 years, even as we’ve faced increasing economic pressures,"
Longstreet added. "We're grateful to our employees, growers,
customers, vendors, and lenders for their continued support as we
take this necessary step forward."
The company's bankruptcy filing comes amid widespread challenges in
the food sector, including rising costs, labor shortages, changing
consumer preferences, and lingering tariffs. Del Monte joins a
growing list of food and restaurant companies seeking bankruptcy
protection.
About Del Monte Foods Inc.
Del Monte Foods manufactures and distributes packaged food
products. The Company provides canned fruits and vegetables, as
well as a wide range of snacks. Del Monte Foods serves customers
worldwide.
Del Monte Foods Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-16995) on July 1, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Herbert Smith Freehills Kramer (US) LLP and Cole Schotz P.C. are
serving as legal counsel, Alvarez & Marsal North America, LLC is
serving as financial advisor, and PJT Partners is serving as
investment banker to the Company.
DELTA ABSORBENTS: Hires Hood & Bolen as Bankruptcy Counsel
----------------------------------------------------------
Delta Absorbents of America, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Mississippi to hire
Hood & Bolen, PLLC to serve as legal counsel in its Chapter 11
case.
The firm will be paid at these rates:
Attorneys $450 per hour
Paralegals $125 per hour
In addition, the firm will be reimbursed for out-of-pocket expenses
incurred.
The retainer is $20,000.
R. Michael Bolen, Esq., a partner at Hood & Bolen, disclosed in a
court filing that his firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
R. Michael Bolen, Esq.
Hood & Bolen, PLLC
3770 Hwy. 80 West
Jackson, MS 39209
Tel: (601) 923-0788
Email: rmb@hoodbolen.com
About Delta Absorbents of America, Inc.
Delta Absorbents of America, Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Miss.
Case No. 25-11985) on June 25, 2025, listing up to $50,000 in
assets and $500,001 to $1 million in liabilities.
R. Michael Bolen, Esq. at Hood & Bolen, Attorneys At Law represents
the Debtor as counsel.
DESIGN GROUP: Begins Ch.11 to Facilitate Going-Concern Sales
------------------------------------------------------------
IG Design Group Americas, Inc. and its domestic subsidiaries, a
design, manufacturing, sourcing, and distribution company of
branded and private label consumer products, announced on July 3,
2025, that it has voluntarily filed for Chapter 11 relief in the
United States Bankruptcy Court for the Southern District of Texas
to facilitate a court-supervised marketing and sale process
pursuant to section 363 of the Bankruptcy Code.
The Company intends to pursue a value maximization strategy by
engaging with buyers who are interested in purchasing certain of
the Company's business segments as a going concern, while
concurrently winding down its domestically manufactured woven
ribbon products business and supporting assets.
DGA includes over 50 product categories and brands, some of which
were established over a century ago. Like many companies in the
consumer products sector, DGA has been navigating a challenging
operating landscape for several years, compounded by the loss of a
major customer, who entered liquidation and significantly impacted
DGA's revenue as well as new trade tariffs imposed in 2025 that
increased operational costs, affected pricing strategies, and
contributed to reduced customer orders. The Company's decision to
pursue an in-court process was driven by liquidity constraints,
substantial working capital requirements, and the seasonal nature
of significant portions of its business.
"Following DGA's sale to an affiliate of Hilco Capital Group, we
have worked diligently with our advisors to evaluate the optimal
path forward for the business," said Sue Buchta, Chief Executive
Officer of DGA. "We enter the court-supervised sale process in
dialogue with multiple interested parties for certain of our
business segments as a going concern and intend to leverage chapter
11 to maximize the value of our assets. We thank our employees,
customers, and partners for their support and will work diligently
to minimize any potential impact during the process."
Additional Information about the Court-Supervised Process
DGA has secured an agreement for approximately $53 million in
committed debtor-in-possession ("DIP") financing from an affiliate
of Hilco to support its value maximizing strategy throughout its
Chapter 11 cases, subject to Court approval.
Additionally, to uphold its commitments to its stakeholders, DGA
has filed several customary "first day" motions. These motions,
upon approval by the Court, will provide authorization for the
continued payment of employee wages and benefits arising under
programs that were in effect as of the petition date, the
maintenance of certain customer programs, payments to certain
critical vendors for prepetition amounts owed, payment to vendors
for amounts owed on post-petition goods and services delivered to
the Company, and other relief measures standard in these
circumstances.
DGA's non-U.S. affiliates are not part of the chapter 11 cases and
will continue to operate while the Company considers the impact of
asset sales and the optimal plan to maximize the value of the
interests it holds in those subsidiaries.
Additional information is available at
https://cases.ra.kroll.com/DGA. Stakeholders with questions may
call the Company's claims agent Kroll, toll-free at (877) 307-2977
(U.S. and Canada) or (646) 290-6127 (International), or email at
dgateam@ra.kroll.com.
Advisors
Latham & Watkins LLP is serving as legal counsel, Huron Consulting
Group LLC is serving as financial advisor and investment banker,
and C Street Advisory Group is serving as strategic communications
advisor to DGA.
About DGA
Design Group Americas (DGA) is a diverse group of companies
operating across multiple regions, categories, seasons, and brands.
The company employs over 1,400 people and works with customers in
the US and around the world, with offices and operations in the
United States, UK, Australia and Asia. DGA products are found in
over 100,000 retail outlets internationally, with products reaching
millions of consumers of all ages. Design Group Americas creates,
designs, and manufactures products that help the world celebrate
life's special occasions. They are proud to serve the best
retailers around the globe with a complete end-to-end service from
design to distribution.
DIAMOND SURFACE: Unsecureds Will Get 100% of Claims over 5 Years
----------------------------------------------------------------
Diamond Surfaces and Supply, Inc. filed with the U.S. Bankruptcy
Court for the Middle District of Florida a Plan of Reorganization
dated June 18, 2025.
The Debtor was established in 2018 by Gabriel Rinehart. Mr.
Rinehart was a seasoned flooring professional with over twenty
years of flooring experience. Diamond has a solid customer base and
a solid supply chain often purchasing directly from far east
sources.
The Debtor currently operates from two locations: (1) 3935 W.
Hillsborough Ave., Unit C, Tampa, Florida; and (2) 5415 Pioneer
Park Blvd., Tampa, Florida. The Debtor leases both locations and
remains current on its rent obligations.
The Plan under Subchapter V of Chapter 11 of the Bankruptcy Code
proposes to pay creditors of the Debtor from the Debtor's current
and future earnings.
This Plan provides for one class of priority claims; one class of
secured claims; one class of general unsecured claims; and one
class of equity security holders. Unsecured creditors holding
allowed claims will receive a pro-rata share of their allowed claim
payable over five years. This Plan also provides for the payment of
administrative and priority claims under the terms to the extent
permitted by the Code or by agreement between the Debtor and the
claimant.
Class 3 consists of General Unsecured Creditors. The Debtor will
pay 100% of all allowed general unsecured claims to the extent such
claims have not already been paid in full in the ordinary course of
business during the pendency of this case. Any unpaid allowed
unsecured claims will be paid, without interest, in fourteen equal
quarterly distributions, with payments commencing on the start of
the calendar quarter immediately following the Effective Date of
Confirmation and continuing for a total of twenty consecutive
quarters.
In the event that this quarter starts less than thirty days after
the entry of the Confirmation Order, payment shall not commence
until the following quarter. There is no prepayment penalty.
Promissory notes will be issued to each creditor in this class with
allowed claims to evidence payments, which promissory notes shall
be enforceable in any Court of Competent Jurisdiction. The amount
of the distribution will be considered final thirty-one days the
entry of the Confirmation Order, unless there is an objection to
claim pending at that time, in which the distribution shall be
final upon the entry of a final, non-appealable order on the
objection to claim.
Class 4 consists of Equity Security Holders of the Debtor. Equity
will retain ownership in the Debtor postconfirmation. No
distributions will be made to equity until such time as all
payments in Class 3 have been made.
Current management will continue to manage the Debtor post
confirmation. The Plan will be funded by the continued operations
of the Debtor.
A full-text copy of the Plan of Reorganization dated June 18, 2025
is available at https://urlcurt.com/u?l=HMfqmY from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Buddy D. Ford, Esq.
Jonathan A. Semach, Esq.
Heather M. Reel, Esq.
Ford & Semach, P.A.
9301 West Hillsborough Avenue
Tampa, FL 33615-3008
Tel: (813) 877-4669
Email: Buddy@tampaesq.com
Jonathan@tampaesq.com
Heather@tampaesq.com
About Diamond Surfaces and Supply
Diamond Surfaces and Supply Inc. offers high-quality flooring
products, including engineered wood and AquaShield options. The
Company works with trusted suppliers like AquaShield for
water-resistant flooring, Sika Adhesives for strong bonding, True
Touch for engineered wood, Titan Surfaces for durable options, and
Top Star Underlayment for added stability and noise reduction.
Focused on innovation and customer satisfaction, Diamond Surfaces
provides a flooring visualizer to help clients choose the best
products for their needs.
Diamond Surfaces and Supply Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01682) on
March 20, 2025. In its petition, the Debtor reports total assets
of $3,413,291 and total liabilities of $1,733,616.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Buddy D. Ford, Esq., at BUDDY D. FORD,
P.A.
EAZY-PZ LLC: Hires Wadsworth Garber Warner as Counsel
-----------------------------------------------------
Eazy-PZ LLC seeks approval from the U.S. Bankruptcy Court for the
District of Colorado to employ Wadsworth Garber Warner Conrardy,
P.C. as bankruptcy counsel.
The firm's services include:
a. preparation on behalf of the Debtor all necessary reports,
orders, and other legal papers required in this Chapter 11
proceeding;
b. performance of all legal services for the Debtor as a
debtor-in-possession which may become necessary; and
c. representation of the Debtor in any litigation which the
Debtor determines is in the best interest of the estate whether in
state or federal court(s).
The firm will be paid at these rates:
David Wadsworth, Attorney $500 per hour
Aaron Garber, Attorney $500 per hour
David Warner, Attorney $425 per hour
Aaron Conrardy, Attorney $425 per hour
Hallie S. Cooper, Attorney $225 per hour
Law Clerks $125 per hour
Paralegals $125 per hour
The firm received a retainer in the amount of $75,000.
Mr. Warner disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David J. Warner, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 W. Main St., Ste. 200
Littleton, CO 80120
Tel: (303) 296-1999
Email: dwarner@wgwc-law.com
About Eazy-PZ LLC
Eazy-PZ LLC designs and sells silicone mealtime products for
infants and toddlers, including plates, bowls, mats, and utensils.
The Company operates through online and retail channels from its
base in Parker, Colorado.
Eazy-PZ LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Col. Case No. 25-13720) on June 18, 2025. In its
petition, the Debtor reports total assets of $1,019,774 and total
liabilities of $3,881,257.
Honorable Bankruptcy Judge Thomas B. Mcnamara handles the case.
The Debtors are represented by Aaron J. Conrardy, Esq. at WADSWORTH
GARBER WARNER CONRARDY, P.C.
EEHF 18: James LaMontagne Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Region 1 appointed James LaMontagne of Sheehan
Phinney Bass & Green as Subchapter V trustee for EEHF 18, Inc.
Mr. LaMontagne will be paid an hourly fee of $475 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. LaMontagne declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
James S. LaMontagne, Esq.
Sheehan Phinney Bass & Green
75 Portsmouth Boulevard, Suite 110
Portsmouth, NH 03801
Phone: (603) 627-8102
jlamontagne@sheehan.com
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. It 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.
ELEVATION GOLD: Mako Mining Acquires Debt During CCAA Process
-------------------------------------------------------------
Mako Mining Corp. announced that it has acquired for $1.8 million
in cash approximately $49.5 million in indebtedness owing by
Elevation Gold Mining Corporation and affiliated companies to
Maverix Metals Inc., a subsidiary of Triple Flag Precious Metals
Corp., the secured creditor of Elevation under its Companies'
Creditors Arrangement Act proceedings before the Supreme Court of
British Columbia.
Mako completed the acquisition of the Debt and all related security
pursuant to the terms of an assignment and assumption agreement
executed on July 2, 2025. The Debt is owing pursuant to the terms
of various promissory notes, a loan agreement, a streaming
agreement and related guarantees, deeds and security agreements,
which transaction documents and all rights and obligations
thereunder have now been assigned to and assumed by Mako. The
Monitor under Elevation's CCAA proceedings will now facilitate any
distributions to Mako as the principal secured creditor in place of
Maverix, with expectations for distributions to be materially less
than the amount of the Debt.
Furthermore, to the extent that Mako is successful in the
litigation with the two remaining royalty holders who own a net
smelter return royalty on the Moss gold mine of 3% and 1%
respectively (see press release dated December 31, 2024), the up to
$1.5 million contingent liability associated with the royalty
status determination will no longer need to be paid to the
Elevation creditors by Mako or its subsidiary Golden Vertex
Corporation.
Akiba Leisman, Chief Executive Officer of Mako states, "purchasing
the remainder of the senior secured claims is a tactical investment
for Mako, which, in addition to be an attractively priced
investment, will consolidate control of our litigation with the two
remaining royalty holders in the Arizona Chapter 15 bankruptcy
process for Moss. In addition, we are announcing our intent to list
on the Nasdaq, while making a change to the board, which will help
us navigate that process. I want to personally thank John Pontius,
who has been a member of the board of Mako and its predecessors
since 2015, and welcome Asheef Lalani, a shareholder of Mako who
will provide invaluable oversight to the Company."
Nasdaq Listing
The Company is advancing a listing application to apply to list its
common shares on the Nasdaq in the coming months; however, there
can be no assurance that the Company will receive listing approval
from the Nasdaq to complete such listing. Mako believes that
listing on the Nasdaq will provide the Company with, among other
things, access to a broader investor audience, increased sources of
potential capital, improved trading liquidity in Mako's common
shares, increased research coverage from U.S. investment banks and
potentially provide the opportunity for broader index inclusion.
Board Changes
The Company also announces that Mr. John Pontius will step down
from the Company's board, and the board has appointed Mr. Asheef
Lalani to the board, effective July 2, 2025.
Mr. Lalani is a Certified Financial Analyst and a Chartered
Accountant and holds a Bachelor of Mathematics (Hons) in Math
Accountancy and a Master of Accounting from the University of
Waterloo. Mr. Lalani is currently Chief Investment Officer at
Canadian based family office Berczy Park Capital, a director at
Sailfish Royalty Corp. and has previously held various positions in
Toronto and New York at UBS Securities and was previously a senior
audit associate at PricewaterhouseCoopers LLP.
RSU Grant
Additionally, the Company announces that the board has approved the
grant of an aggregate of 6,500 restricted share units (the "RSUs")
to the Company's Chairman, Eric Fier, with having a grant date of
July 4, 2025 and a restrict period ending on July 4, 2026.
About Mako
Mako Mining Corp. is a publicly listed gold mining, development and
exploration company. The Company operates the high-grade San Albino
gold mine in Nueva Segovia, Nicaragua, which ranks as one of the
highest-grade open pit gold mines globally and offers
district-scale exploration potential. Mako also owns the Moss Mine
in Arizona, an open pit gold mine in northwestern Arizona. Mako
also holds a 100% interest in the PEA-stage Eagle Mountain Project
in Guyana, South America. Eagle Mountain is the subject of
engineering, environmental and mine permitting activity.
About Elevation Gold Mining Corporation
Elevation Gold Mining Corporation -- https://elevationgold.com/ --
is a publicly listed gold and silver producer, engaged in the
acquisition, exploration, development and operation of mineral
properties located in the United States. Elevation Gold's common
shares are listed on the TSX Venture Exchange in Canada under the
ticker symbol ELVT and on the OTCQB in the United States under the
ticker symbol EVGDF. The Company's principal operation is its 100%
owned Moss Mine in the Mohave County of Arizona. Elevation also
holds the title to the Hercules exploration property, located in
Lyon County, Nevada.
ELLIE LANE: Hires Law Offices of Michael Berger as Counsel
----------------------------------------------------------
Ellie Lane Capital, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of California to employ Law Offices
of Michael Berger as general bankruptcy 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 U.S. Trustee;
e. prepare status reports as required by the Court;
f. respond to any motions filed in the Debtor's bankruptcy
proceeding;
g. respond to creditor inquiries;
h. review proofs of claim filed in the Debtor's bankruptcy;
i. object to inappropriate claims;
j. prepare Notices of Automatic Stay in all state court
proceedings in which the Debtor is sued during the pendency of its
bankruptcy proceedings; and
k. prepare a Chapter 11 Plan of Reorganization for the
Debtor.
The firm will be paid at these rates:
Michael Jay Berger, Attorney $645 per hour
Sofya Davtyan, Partner $595 per hour
Robert Poteete, Associate Attorney $475 per hour
Senior Paralegals/Law Clerks $200 to $275 per hour
The firm was paid a retainer in the amount of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael Berger, Esq., a partner at Law Offices of Michael 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 at:
Michael Jay Berger, Esq.
Law Offices of Michael Jay Berger
9454 Wilshire Blvd., 6th Floor
Beverly Hills, CA 90212
Tel: (310) 271-6223
Fax: (310) 271-9805
Email: Michael.Berger@bankruptcypower.com
About Ellie Lane Capital
Ellie Lane Capital, LLC, doing business as Your SolarMate, offers
solar PV or energy storage system installers and contractors
services that simplify the interconnection and rebate processes.
The Debtor acts as representative/applicant in order to complete
all applications required by the utility companies in order to
quickly receive permission to operate (PTO) letters and rebate
approvals.
Ellie Lane Capital sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Calif. Case No. 24-02207) on June 17,
2024, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. David Wood of Marshack Hays Wood serves as
Subchapter V trustee.
Judge J. Barrett Marum oversees the case.
The Debtor is represented by Vanessa M Haberbush, Esq. at
Haberbush, LLP.
ESSAR STEEL: Court Denies Request for Earlier Trial in Cliffs Case
------------------------------------------------------------------
Judge Gregory B. Williams of the United States District Court for
the District of Delaware denied with prejudice Mesabi Metallics
Company LLC's motion to reconsider the May 2027 trial date in the
adversary proceeding captioned as MESABI METALLICS COMPANY LLC
(f/k/a ESSAR STEEL MINNESOTA LLC), Plaintiff, Civil Action No.
24-1117-GBW v. CLEVELAND-CLIFFS, INC. (f/k/a CLIFFS NATURAL
RESOURCES, INC.); CLEVELAND-CLIFFS MINNESOTA LAND DEVELOPMENT LLC;
GLACIER PARK IRON ORE PROPERTIES LLC; and DOES 1-10, Defendants,
Adv. No. 17-51210-CTG (D. Del.).
On June 3, 2025, the Court resolved what, at the time, were the
remaining scheduling issues in this action. One of those issues
regarded when trial would begin and, in that respect, the Court
instructed the parties to file a revised proposed scheduling order
stating: "The pre-trial conference is scheduled for April 22, 2027
at 3:00 pm and a ten (10) day jury trial, inclusive of voir dire,
is scheduled to begin on May 5, 2027."
On June 17, 2025, Mesabi filed a Motion to Reconsider the May 2027
Trial Date. Mesabi points to tremendous uncertainty surrounding its
land rights, an uncertainty of which has allegedly impeded planning
and investment for its mine and will persist until this case is
resolved.
Mesabi contends that waiting two years to try this case only
deepens the effect of Cliffs' anticompetitive actions because it
will not be able to obtain any value from this land until after
this case has concluded. As such, it seeks the Court's assistance
in accommodating an earlier trial, beginning at the earliest
possible date when the Court has availability (after allowing
sufficient time for the parties to complete the necessary pretrial
work). To increase the likelihood of finding availability, Mesabi
consents to a jury trial on non-consecutive days. It is also
willing to consent to a jury trial before Magistrate Judge Burke or
a jury trial before Judge Goldblatt in the bankruptcy court.
The Court has a demanding and full schedule. That schedule is
replete with trials scheduled through October 2027. Thus, the Court
cannot grant Mesabi's requested relief and denies Mesabi's Motion
without prejudice. To the extent both parties are interested in
consenting to, for example, a Magistrate Judge presiding over their
trial, the parties are welcome to do so by jointly filing the
necessary form (a completed form AO 85) consenting to the
jurisdiction of a Magistrate Judge to conduct all proceedings in
this case including trial, the entry of final judgment, and all
post-trial proceedings.
A copy of the Court's Memorandum Order dated June 24, 2025, is
available at https://urlcurt.com/u?l=xzBNhi from PacerMonitor.com.
About Essar Steel Minnesota
Essar Steel Minnesota LLC, now known as Mesabi Metallics Company
LLC, and ESML Holdings Inc. filed for Chapter 11 bankruptcy
protection (Bankr. D. Del. Case Nos. 16-11627 and 16-11626) on July
8, 2016. Madhu Vuppuluri, president and CEO, signed the
petitions.
ESML Holdings Inc. estimated assets at $1 billion to $10 billion
and debt at $500 million to $1 billion. Essar Steel Minnesota LLC
estimated assets and debt at $1 billion to $10 billion.
Judge Brendan Linehan Shannon presided over the bankruptcy cases.
Lawyers at White & Case LLP and Fox Rothschild LLP served as
counsel to the Debtors. Epic Bankruptcy Solutions, LLC, served as
claims and noticing agent.
Andrew Vara, acting U.S. trustee for Region 3, on July 20, 2016,
appointed the official committee of unsecured creditors of ESML
Holdings, Inc., and its affiliates. The Committee retained
Kasowitz Benson Torres & Friedman LLP, to act as counsel. Hogan
McDaniel served as Delaware counsel and Zolfo Cooper, LLC, served
as the Committee's financial advisor.
* * *
In June 2017, the Bankruptcy Court approved the Chapter 11 exit
plan that, according to the Duluth News Tribune, would allow the
stalled Essar Steel Minnesota taconite mine and pellet plant to
proceed to completion. Duluth News Tribune said the plan allows
Chippewa Capital Partners to take control of the project, partially
payback more than $1 billion in claims and resume construction,
with an eye to beginning production by early 2020.
EXTREME PROFITS: Hires Barker Services Inc. as Accountant
---------------------------------------------------------
Extreme Profits, Inc. d/b/a X-Stream Power Washing seeks approval
from the U.S. Bankruptcy Court for the Southern District of Florida
to employ Barker Services, Inc. as accountant.
The firm will prepare the Debtor's 1120 tax return and K-1s for
2024.
The firm will be paid the amount of $325 as advance payment, and
$50 per hour.
Mr. Barker 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:
Ronald A. Barker
Barker Services, Inc.
3 Arbutus Dr.
Key West, FL 33040
Tel: (305) 295-0580
About Extreme Profits, Inc.
d/b/a X-Stream Power Washing
Extreme Profits Inc., operating as X-Stream Power Washing and
Cleaning Services, is a pressure washing and cleaning company based
in Key West, Florida.
Extreme Profits Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15709) on
May 21, 2025. In its petition, the Debtor reports estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
Honorable Bankruptcy Judge Corali Lopez-Castro handles the case.
The Debtors are represented by Kevin C Gleason, Esq.
EYENOVIA INC: Avenue Venture and Affiliates Hold 9.99% Stake
------------------------------------------------------------
Avenue Venture Opportunities Fund, L.P. and its affiliates: Avenue
Venture Opportunities Fund II, L.P., Avenue Capital Management II,
L.P., Avenue Venture Opportunities Partners, LLC, Avenue Venture
Opportunities Partners II, LLC, GL Venture Opportunities Partners,
LLC, GL Venture Opportunities Partners II, LLC, and Marc Lasry,
disclosed in a Schedule 13D/A (Amendment No. 3) filed with the U.S.
Securities and Exchange Commission that as of June 17, 2025, they
beneficially own a total of 435,438 shares of common stock, par
value $0.0001 per share, of Eyenovia, Inc., representing 9.99% of
the 4,358,755 shares of common stock outstanding as of June 5,
2025.
The breakdown of beneficial ownership is as follows:
* Avenue Venture Opportunities Fund, L.P. owns 174,175 shares,
representing 4.0% of the class (excluding 40,000 shares issuable
upon exercise of a warrant).
* Avenue Venture Opportunities Fund II, L.P. owns 261,263
shares, representing 5.99% of the class (excluding 210,000 shares
issuable upon exercise of a warrant).
* Avenue Capital Management II, L.P., the investment manager
to the funds, beneficially owns 435,438 shares, representing 9.99%,
with sole voting and dispositive power (excluding warrants due to a
9.99% blocker).
* Avenue Venture Opportunities Partners, LLC, the general
partner of Fund I, beneficially owns 174,175 shares, representing
4.0%.
* Avenue Venture Opportunities Partners II, LLC, the general
partner of Fund II, beneficially owns 261,263 shares, representing
5.99%.
* GL Venture Opportunities Partners, LLC, the managing member
of the general partner of Fund I, beneficially owns 174,175 shares,
representing 4.0%.
* GL Venture Opportunities Partners II, LLC, the managing
member of the general partner of Fund II, beneficially owns 261,263
shares, representing 5.99%.
* Marc Lasry, the ultimate beneficial owner, reports 435,438
shares, representing 9.99%, but disclaims voting or dispositive
power over the shares.
Avenue Capital Group may be reached through:
Andrew Schinder
11 West 42nd Street, 9th Floor
New York, NY 10036
Tel: (212) 878-3520
A full-text copy of Avenue Venture's SEC report is available at:
https://tinyurl.com/yc4h7frc
About Eyenovia
New York, N.Y.-based Eyenovia, Inc. is an ophthalmic technology
company commercializing Mydcombi (tropicamide and phenylephrine HCL
ophthalmic spray) for inducing mydriasis for routine diagnostic
procedures and in conditions where short-term pupil dilation is
desired, preparing for the commercialization of clobetasol
propionate ophthalmic suspension 0.05% ("clobetasol propionate"),
for the treatment of post-operative inflammation and pain following
ocular surgery, and developing the Optejet delivery system both for
use in combination with its own drug-device therapeutic programs
and for out-licensing for use in combination with therapeutics for
additional indications. The Company's aim is to improve the
delivery of topical ophthalmic medication through the ergonomic
design of the Optejet, which facilitates ease-of-use and delivery
of a more physiologically appropriate medication volume, with the
goal to reduce side effects and improve tolerability and introduce
digital health technology to improve therapy compliance and
ultimately medical outcomes.
New York, N.Y.-based Marcum LLP, the Company's auditor since 2020,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $3.7 million in total assets,
$16.8 million in total liabilities, and a total stockholders'
deficit of $13.1 million.
FLOW APARTMENTS: Case Summary & Four Unsecured Creditors
--------------------------------------------------------
Debtor: Flower Apartments, LLC
1420 S. Flower Street
Los Angeles, CA 90015
Business Description: Flower Apartments LLC owns and manages a
multi-unit residential property located at
1420 South Flower Street in Los Angeles,
California. The property offers furnished
and unfurnished studio apartments with
flexible lease terms, catering to both
short- and long-term tenants.
Chapter 11 Petition Date: July 7, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-15724
Judge: Hon. Julia W Brand
Debtor's Counsel: Matthew D. Resnik, Esq.
RHM LAW LLP
17609 Ventura Blvd., Suite 314
Encino, CA 91316
Tel: (818) 285-0100
Fax: (818) 855-7013
E-mail: matt@rhmfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by David Ben Eliyahu as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/TU6CZMQ/Flower_Apartments_LLC__cacbke-25-15724__0001.0.pdf?mcid=tGE4TAMA
FLOWER APARTMENTS: Seeks Chapter 11 Bankruptcy in California
------------------------------------------------------------
On July 7, 2025, Flower Apartments LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Flower Apartments LLC
Flower Apartments LLC is a Los Angeles-based real estate company
that appears to own or operate an apartment property located at
1420 S. Flower Street in downtown Los Angeles.
Flower Apartments LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-15724) on July 7,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtors are represented by Matthew D. Resnik, Esq. at Rhm Law
LLP.
FRANCIS FUNERAL: Hires Smith Kane Holman as Counsel
---------------------------------------------------
Francis Funeral Home, Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Pennsylvania to employ Smith Kane
Holman, LLC as counsel.
The firm will render these services:
(a) advise the Debtor with respect to its rights and
obligations pursuant to the Bankruptcy Code;
(b) assist the Debtor in the preparation of the schedules and
statement of financial affairs and any amendments thereto;
(c) represent the Debtor at its first meeting of creditors and
any and all Rule 2004 examinations;
(d) prepare any and all necessary applications, motions,
answers, responses, orders, reports and any other type of pleading
or document regarding any proceeding instituted by or against the
Debtor with respect to this case;
(e) assist the Debtor in the formulation and seeking
confirmation of a Chapter 11 plan and disclosure materials; and
(f) perform all other legal services for the Debtor which may
be necessary or desirable in connection with this case.
The firm will be paid at these hourly rates:
Partners $475 - $535
Associates $325 - $400
Paralegals $75 - $100
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
David Smith, Esq., an attorney at Smith Kane Holman, 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 B. Smith, Esq.
Smith Kane Holman LLC
112 Moores Road, Suite 300
Malvern, PA 19355
Telephone: (610) 407-7217
Facsimile: (610) 407-7218
Email: dsmith@skhlaw.com
About Francis Funeral Home, Inc.
Francis Funeral Home Inc. provides funeral and memorial services,
including private viewings, video tributes, and personalized
arrangements. The Company serves families through professional,
affordable care and culturally sensitive offerings. It operates as
a family-owned and operated business.
Francis Funeral Home Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No.
25-12439) 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.
Honorable Bankruptcy Judge Ashely M. Chan handles the case.
The Debtors are represented by David B. Smith, Esq. at SMITH KANE
HOLMAN, LLC.
FRANCIS FUNERAL: Holly Miller Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Holly Miller, Esq.,
at Gellert Scali Busenkell & Brown, LLC as Subchapter V trustee for
Francis Funeral Home, Inc.
Ms. Miller will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Miller declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Holly S. Miller, Esq.
Gellert Scali Busenkell & Brown, LLC
1628 John F. Kennedy Boulevard, Suite 1901
Philadelphia, PA 19103
Telephone: (215) 238-0012
Facsimile: (215) 238-0016
Email: hsmiller@gsbblaw.com
About Francis Funeral Home Inc.
Francis Funeral Home, Inc. provides funeral and memorial services,
including private viewings, video tributes, and personalized
arrangements. It serves families through professional, affordable
care and culturally sensitive offerings. The company operates as a
family-owned and operated business.
Francis Funeral Home sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-12439) on
June 2, 2025. In its petition, the Debtor reported estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Judge Ashely M. Chan handles the case.
The Debtor is represented by David B. Smith, Esq., at Smith Kane
Holman, LLC.
FTX TRADING: Recovery Trust Stops 82% of Payouts in 49 Regions
--------------------------------------------------------------
Coin World reports that the FTX Recovery Trust has suspended
payments to creditors in 49 restricted jurisdictions, according to
a July 2025 court filing. The move highlights the legal and
regulatory complexities involved in repaying creditors following
the cryptocurrency exchange's collapse, particularly in regions
with strict crypto regulations. Of the affected claims, 82%
originate from China, underscoring the outsized impact on that
jurisdiction, the report said.
Established as part of the exchange's post-bankruptcy restructuring
process, the trust has halted distributions in countries such as
China, Nigeria, and Pakistan, pending legal clearance. These
jurisdictions represent a significant portion of FTX's $16.5
billion repayment plan. The pause affects a wide range of
claimants, from institutional investors to small retail holders.
The trust's cautious approach has drawn mixed reactions. Some
creditors view the suspension as an unnecessary delay, while others
see it as a necessary step to ensure compliance with local laws.
Legal reviews are currently underway to assess eligibility and
determine a path forward, according to Coin World.
"This reflects the complex global regulatory landscape surrounding
cryptocurrency," the trust said in its filing, noting that it
remains committed to a thorough and legally sound distribution
process. The pause on payments is also viewed as a measure to
prevent potential legal violations that could arise from
unauthorized transactions in certain countries.
Chief Restructuring Officer John J. Ray III has already overseen
more than $5 billion in initial distributions and is preparing for
additional rounds. However, the ongoing legal uncertainty in key
jurisdictions remains a significant challenge, the report relays.
The situation has prompted concerns from creditor representatives
about possible financial setbacks and delays, as well as the risk
that unclaimed funds may revert to the trust. These developments
serve as a reminder of the complexities involved in cross-border
bankruptcies, especially in an emerging and often opaque regulatory
environment like crypto, the report states.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
FUTURE FINTECH: Inks $10.2M Settlement Agreement With FT Global
---------------------------------------------------------------
Future FinTech Group Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
entered into a Settlement and Forbearance Agreement with FT Global
Capital, Inc., pursuant to which the parties agreed to settle four
judgments totaling approximately $10.2 million entered against the
Company in federal courts in Georgia, New York, Florida, and Ohio.
Under the Agreement, FT Global agreed to forbear from enforcement
and collection of the Judgments, including suspending an auction of
shares of common stock of the Company, in exchange for the
Company's payment obligations and issuance of securities.
Under the Agreement, the Company is required to make cash
settlement payments totaling $4 million in installments over 18
months, beginning with an initial payment of $500,000.
In addition, the Company agreed to issue an aggregate of 400,000
shares of its common stock to FT Global and its legal counsel, and
to issue rights entitling FT Global to receive up to 1.3 million
additional shares of common stock, exercisable over time.
These securities will be issued pursuant to a court order under
Section 3(a)(10) of the Securities Act of 1933, as amended. If the
Company is unable to issue the shares as contemplated, it is
required to file a registration statement to register the
securities at FT Global's request.
Full text of Settlement and Forbearance Agreement:
https://tinyurl.com/yc5h7upk
About Future FinTech Group
New York, N.Y.-based Future FinTech Group Inc. is a holding company
incorporated under the laws of the State of Florida. The Company
historically engaged in the production and sale of fruit juice
concentrates (including fruit purees and fruit juices) and fruit
beverages (including fruit juice beverages and fruit cider
beverages) in the PRC. Due to drastically increased production
costs and tightened environmental laws in China, the Company
transformed its business from fruit juice manufacturing and
distribution to financial technology-related service businesses.
The main business of the Company includes supply chain financing
services and trading in China, asset management business in Hong
Kong, and cross-border money transfer service in the UK.
Orange, Calif.-based Fortune CPA, Inc., the Company's auditor since
2023, issued a "going concern" qualification in its report dated
April 15, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has suffered losses from operations. Therefore, the Company has
stated substantial doubt about its ability to continue as a going
concern.
The ability of the Company to continue as a going concern is
dependent upon its ability to successfully execute its new business
strategy and eventually attain profitable operations.
GD TRANSPORT: Jerrett McConnell Named Subchapter V Trustee
----------------------------------------------------------
The U.S. Trustee for Region 21 appointed Jerrett McConnell, Esq.,
at McConnell Law Group, P.A. as Subchapter V trustee for GD
Transport, LLC.
Mr. McConnell will be paid an hourly fee of $350 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. McConnell declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jerrett M. McConnell, Esq.
McConnell Law Group, P.A.
6100 Greenland Rd., Unit 603
Jacksonville, FL 32258
Phone: (904) 570-9180
Email: info@mcconnelllawgroup.com
About GD Transport LLC
GD Transport, LLC provides transportation and logistics services
for national and international shipments. It operates with a modern
fleet and offers customized logistics solutions across land, sea,
and air. Founded in 2006, GD Transport focuses on timely delivery,
safety, and client-focused service.
GD Transport sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-03699) on June 16, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
assets and liabilities.
Judge Lori V. Vaughan handles the case.
The Debtor is represented by Daniel A. Velasquez, Esq., at Latham,
Luna, Eden & Beaudine, LLP.
GENERAL MOTORS: Texas Says Co. Can't Escape Data Privacy Suit
-------------------------------------------------------------
Allison Grande of Law360 reports that the Texas Attorney General is
asking a New York bankruptcy court to deny General Motors' attempt
to avoid a data privacy lawsuit brought by the state, arguing the
court lacks jurisdiction over the attorney general's office and
that the case is not blocked by previous bankruptcy proceedings.
The lawsuit accuses GM of unlawfully collecting and selling
drivers’ personal data, the report states.
About General Motors
With its global headquarters in Detroit, Michigan, General Motors
-- http://www.gm.com/-- is one of the world's largest automakers,
traces its roots back to 1908.
General Motors Co. was formed to acquire the operations of General
Motors Corp. through a sale under 11 U.S.C. Sec. 363 following Old
GM's bankruptcy filing. The U.S. government provided financing. The
deal was closed July 10, 2009, and Old GM changed its name to
Motors Liquidation Co.
Old GM -- General Motors Corporation -- filed for Chapter 11
protection (Bankr. S.D.N.Y. Lead Case No. 09-50026) on June 1,
2009. The Honorable Robert E. Gerber presides over the Chapter 11
cases. The Debtors tapped Weil, Gotshal & Manges LLP Jenner & Block
LLP and Honigman Miller Schwartz and Cohn LLP as counsel; and
Morgan Stanley, Evercore Partners and the Blackstone Group LLP as
financial advisor. Garden City Group is the claims and notice
agent of the Debtors.
The U.S. Trustee appointed an Official Committee of Unsecured
Creditors and a separate Official Committee of Unsecured Creditors
Holding Asbestos-Related Claims. Lawyers at Kramer Levin Naftalis &
Frankel LLP served as bankruptcy counsel to the Creditors
Committee. Attorneys at Butzel Long served as counsel
on supplier contract matters. FTI Consulting Inc. served as
financial advisors to the Creditors Committee. Elihu Inselbuch,
Esq., at Caplin & Drysdale, Chartered, represented the Asbestos
Committee. Legal Analysis Systems, Inc., served as asbestos
valuation analyst.
The Bankruptcy Court entered an order confirming the Debtors'
Second Amended Joint Chapter 11 Plan on March 29, 2011. The Plan
was declared effect on March 31.
On Dec. 15, 2011, Motors Liquidation was dissolved. On the
Dissolution Date, pursuant to the Plan and the Motors Liquidation
Company GUC Trust Agreement, dated March 30, 2011, between the
parties thereto, the trust administrator and trustee -- GUC Trust
Administrator -- of the Motors Liquidation Company
GUC Trust, assumed responsibility for the affairs of and certain
claims against MLC and its debtor subsidiaries that were not
concluded prior to the Dissolution Date.
* * *
The Troubled Company Reporter, on Aug. 29, 2014, reported that
Fitch Ratings has affirmed the Issuer Default Ratings (IDRs) of
General Motors Company (GM) and its General Motors Holdings LLC (GM
Holdings) subsidiary at 'BB+'. In addition, Fitch has affirmed GM
Holdings' secured revolving credit facility rating at 'BBB-' and
GM's senior unsecured notes rating at 'BB+'. The Rating Outlook
for
GM and GM Holdings is Positive.
GENTLE HAND: L. Todd Budgen Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 21 appointed L. Todd Budgen, Esq., a
practicing attorney in Longwood, Fla., as Subchapter V trustee for
Gentle Hand, LLC.
Mr. Budgen will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Budgen declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
L. Todd Budgen, Esq.
P.O. Box 520546
Longwood, FL 32752
Tel: (407) 232-9118
Email: Todd@C11Trustee.com
About Gentle Hand LLC
Gentle Hand LLC, doing business as Gentle Hand of Palm Bay ALF,
LLC, operates an assisted living facility in Palm Bay, Florida. It
provides residential care services in a licensed setting with a
six-bed capacity.
Gentle Hand sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03727) on June
17, 2025. In its petition, the Debtor reported total assets of
$2,060,651 and total liabilities of $1,015,547.
Judge Lori V. Vaughan handles the case.
The Debtor is represented by Jeffrey S. Ainsworth, Esq., at
BransonLaw, PLLC.
GIO LIQUOR: Seeks to Hire Robert N. Bassel as Bankruptcy Counsel
----------------------------------------------------------------
Gio Liquor Inc. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Michigan to hire Robert N. Bassel, Esq., an
attorney serving Clinton, Michigan, to handle its bankruptcy
proceedings.
Mr. Bassel will be paid at the hourly rate of $350.
Mr. Bassel received a retainer of $16,738.
Mr. Bassel will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Bassel 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.
Robert N. Bassel can be reached at:
Robert N. Bassel, Esq.
P.O. Box T
Clinton, MI 49236
Tel: (248) 835-7683
E-mail: bbassel@gmail.com
About Gio Liquor Inc.
Gio Liquor Inc., a Michigan-based liquor retailer, filed Chapter 11
petition (Bankr. E.D. Mich. Case No. 25-45091) on May 18, 2025. In
its petition, the Debtor reported estimated assets between $100,000
and $500,000 and estimated liabilities between $500,000 and $1
million.
Judge Maria L. Oxholm handles the case.
The Debtor is represented by Robert N. Bassel, Esq. at Robert
Bassel, Attorney At Law.
GOT KIDZ?: Hires Gordon Law Firm PC as Legal Counsel
----------------------------------------------------
Got Kidz?, Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Georgia to employ Gordon Law Firm, PC as
counsel.
The firm will provide these services:
a. analyzing Debtor's financial situation, and
b. advising Debtor in determining whether to file a petition
in bankruptcy;
c. preparing and filing of any petition, schedules, statements
of affairs, disclosure statement, and plan which may be required;
and
d. representation of Debtor at the IDI, meeting of creditors
and confirmation hearing, and any adjourned hearings thereof;
e. drafting all necessary pleadings; responding to all
pleadings filed by the trustee and creditors;
f. attending all hearings; litigating at trial; and counseling
Debtor.
The firm will be paid at these rates:
Attorneys $395 per hour
Office administrator $195 per hour
Litigation specialists $175 per hour
Senior legal assistants $155 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.
Sims W. Gordon, Jr., a partner at Gordon Law Firm, PC, 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:
Sims W. Gordon, Jr., Esq.
The Gordon Law Firm, PC
400 Galleria Parkway, SE, Suite 1500
Atlanta, GA 30339
Tel: (770) 955-5000
Fax: (770) 955-5010
Email: law@gordonlawpc.com
About Got Kidz? Inc.
Got Kidz? Inc. owns two commercial properties totaling roughly
17,000 square feet on a 5.5-acre site at 1581 Fairburn Road in
Atlanta, Georgia.
Got Kidz? Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55074) on May 6, 2025.
In its petition, the Debtor reports total assets of $1,500,000 and
total liabilities of $700,000.
The Debtors are represented by Sims W Gordon Jr., Esq. at THE
GORDON LAW FIRM, PC.
HALO ESTATES: Court OKs Deal on Cash Collateral Access
------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California
approved a stipulation granting Halo Estates, LLC a 90-day
extension to use the cash collateral of its secured creditor
Wilmington Trust, National Association.
The stipulation allows the Debtor to use cash collateral for the
period from July 1 to September 30 in accordance with its budget.
As protection, Wilmington Trust was granted a replacement lien on
all post-petition cash collateral, to the same extent and with the
same validity and priority as its pre-bankruptcy lien.
The next hearing is set for September 26.
Wilmington Trust holds a first-priority lien and assignment of
rents on a loan of $1.056 million. The loan is secured by a deed of
trust on the property at 521 South Breed St., Los Angeles, Calif.
The Debtor failed to meet loan payments, maintain insurance, and
cure defaults since February 2024, leading to foreclosure
proceedings.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/S5Eez from PacerMonitor.com.
About Halo Estates LLC
Halo Estates LLC is a Los Angeles-based real estate company.
Halo Estates sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. C.D. Calif. Case No. 25-10025) on January 7, 2025,
listing up to $50,000 in both assets and liabilities.
Judge Martin R. Barash handles the case.
The Debtor is represented by:
Alla Tenina
Alla Tenina
Tel: 213-596-0265
Email: alla@teninalaw.com
HAWAII STAGE: Bid to Strike Rodrigues' Jury Demand Granted in Part
------------------------------------------------------------------
Judge Robert J. Faris of the United States Bankruptcy Court for the
District of Hawaii granted in part and denied in part the motion of
Hawaii Stage and Lighting Rentals, Inc. to strike Kalani
Rodrigues's jury demand in the adversary proceeding captioned as
HAWAII STAGE AND LIGHTING RENTALS, INC., Plaintiff, vs. KALANI
RODRIGUES, et al., Defendants, Adversary Proceeding No. 25-90002
(Bankr. D. Hawaii). The defendants' motion to determine that all of
the claims in this adversary proceeding are "non-core" is also
granted in part and denied in part.
Hawaii Stage and Lighting Rentals, Inc. contends that its former
employee, Kalani Rodrigues, and his company, Onstage Hawaii, have
misappropriated its business.
HSLR filed a lawsuit against Onstage and Mr. Rodrigues in state
court on February 8, 2024. The complaint did not include a jury
demand. Mr. Rodrigues answered the complaint and made a
counterclaim on March 22, 2024. He did not include a jury demand in
his answer. HSLR answered the counterclaim on April 11, 2024, and
did not demand a jury.
Mr. Rodrigues filed a demand for a jury trial only on his
counterclaim on April 22, 2024. Because April 21, 2024, was a
Sunday, this demand was filed within 10 days after HSLR answered
the counterclaim. Onstage filed its answer to the initial complaint
on July 15, 2024. Onstage and Mr. Rodrigues filed a jury demand for
all issues triable to a jury on July 24, 2024.
HSLR filed a chapter 11 bankruptcy petition on Dec. 14, 2024.
On Jan. 13, 2025, Onstage and Mr. Rodrigues filed the complaint
that commenced this adversary proceeding and removed HSLR's lawsuit
to the bankruptcy court from state court pursuant to 28 U.S.C. Sec.
1452(a).
Mr. Rodrigues filed a proof of claim in HSLR's bankruptcy case.
HSLR objected to that claim.
The Bankruptcy Court has not formally consolidated the adversary
proceeding, the removed case, and the objection to claim, but it
has set all of those matters for trial on the same day.
On March 19, 2025, the defendants filed a motion to withdraw the
reference which was transmitted to the United States District Court
for the District of Hawaii and is pending there as Civil No.
25-00132 MWJS-RT.
The Bankruptcy Court entered an order confirming HSLR's small
business plan of reorganization on May 1, 2025. The order provides
that it will retain jurisdiction over claim objections and "any
cause of action which may exist in favor of the debtor."
Jury Demand
HSLR moves to strike Mr. Rodrigues's jury demand, arguing that it
was untimely and that Mr. Rodrigues waived his right to a jury
trial by filing a proof of claim in HSLR's bankruptcy case.
The Bankruptcy Court finds Mr. Rodrigues has waived his right to a
jury trial on certain issues. When a creditor submits a claim
against the bankruptcy estate, that claim is part of the process of
allowance and disallowance of claims and there is no right to a
jury trial. Judge Faris explains, "Mr. Rodrigues has filed a proof
of claim in the main bankruptcy case. The basis for his proof of
claim is 'services performed' for HSLR. Mr. Rodrigues does not have
a right to a jury trial on any issues presented by his proof of
claim because adjudicating the claim is a part of the 'allowance
and disallowance of claims. Therefore, HSLR's motion to strike Mr.
Rodrigues's jury demand is granted in part and denied in part
because some of the issues in this adversary proceeding are triable
to a jury."
Core vs. Non-core Proceeding
Mr. Rodrigues and Onstage move the Bankruptcy Court to determine
that all of the claims in this adversary proceeding are "non-core."
According to the Bankruptcy Court, HSLR's claims against Onstage
and Mr. Brill are not core. They have not filed proofs of claim.
HSLR's claims against them do not implicate bankruptcy law.
However, the Bankruptcy Court finds HSLR's affirmative claims
against Mr. Rodrigues are partly core and partly noncore.
HSLR argues that its claims against Mr. Rodriguez are functionally
counterclaims against Mr. Rodriguez's proof of claim.
Judge Faris holds, "Mr. Rodrigues's proof of claim and HSLR's
claims against Mr. Rodrigues overlap significantly, but not
perfectly. Resolving HSLR's counterclaims would not entirely
resolve Mr. Rodrigues's proof of claim. Both HSLR and Mr. Rodrigues
could conceivably prevail on portions (at least) of their claims.
Therefore, HSLR's claims against Mr. Rodrigues are partly non-core,
and Mr. Rodrigues's and Onstage's motion is granted in part and
denied in part."
Withdrawal of the Reference
Portions of this case are triable to a jury and the bankruptcy
court lacks authority to conduct a jury trial. To promote judicial
efficiency and expedite this case, Judge Faris recommends that the
district court enter an order setting a date for a trial of this
matter (including the adversary proceeding, the case removed from
state court, and the objection to Mr. Rodrigues's proof of claim)
before a district judge.
A copy of the Court's Order dated July 1, 2025, is available at
https://urlcurt.com/u?l=aPEMRt
About Hawaii Stage and Lighting Rentals
Hawaii Stage and Lighting Rentals Inc., doing business as Hawaii
Stage and Hawaii Stage Event Production Company, is a full service
event production company serving the Hawaiian Islands since 1976.
Hawaii Stage and Lighting Rentals Inc. sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Hawaii Case No. 24-01132)
on Dec. 14, 2024. In the petition filed by Joseph Kuhio Lewis,
president, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Judge Robert J. Faris handles the case.
Allison A. Ito, Esq., at Choi & Ito, serves as the Debtor's
counsel.
HDLV CONSOLIDATION: Hires D&C Hospitality as Real Estate Broker
---------------------------------------------------------------
HDLV Consolidation, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to hire D&C Hospitality
Investments, LLC d/b/a HREC Investment Advisors as its real estate
broker and advisor.
The broker will market and auction the Debtor's property known as
Hotel de L'Eau Vive located at 307, 315 and 327 Tchoupitoulas, New
Orleans, Louisiana 70130.
The broker will receive a commission equal to 2.75 percent of the
gross proceeds.
Leonard Wormser, senior vice president of HREC Investment Advisors,
assured the court that his firm is disinterested as the term is
defined in 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Leonard Vance Wormser
D&C Hospitality Investments, LLC
d/b/a HREC Investment Advisors
840 Carondelet Street
New Orleans, LA 70130
Phone: (850) 830-4595
Email: lwormser@hrec.com
About HDLV Consolidation, LLC
HDLV Consolidation, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No.
24-33540) on August 2, 2024, listing $500,001 to $1 million on both
assets and liabilities.
Judge Jeffrey P Norman presides over the case.
Aaron James Power, Esq. at Porter Hedges LLP represents the Debtor
as counsel.
HEART ESTATES: Hires Lokation Real Estate LLC as Broker
-------------------------------------------------------
Heart Estates LLC seeks approval from the U.S. Bankruptcy Court for
the Northern District of Georgia to employ Lokation Real Estate,
LLC as broker.
The firm will market and sell the Debtor's real property located at
5621 Zanola Drive, Mableton, GA 30126.
The firm will be paid $1,500, plus 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:
Doris Armstrong
Lokation Real Estate, LLC
13010 Morris Road
Deerfield Centre 1, Suite 650
Alpharetta, GA 30004
Tel: (404) 348-0420
About Heart Estates LLC
Heart Estates, LLC is a real estate company incorporated on August
5, 2010.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-51291) on February 6,
2025.
Judge Paul Baisier presides over the case.
Paul Reece Marr represents the Debtor as legal counsel.
HEART ESTATES: Seeks to Hire Keller Williams as Real Estate Broker
------------------------------------------------------------------
Heart Estates, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to hire Keller Williams Elite
Properties as brokers and Theresa Bowe as listing agent.
The firm will market and sell the Debtor's property located at 5131
Monroe Street, Hollywood, FL 33021.
The broker will receive a commission equal to 4 percent of the
gross sales price plus $599.
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:
Theresa Bowe
Keller Williams Elite Properties
20801 Biscayne Blvd Ste 101
Aventura, FL 33180
Office: (786) 771-8363
Mobile: (786) 771-8363
Email: mrsrealtor305@gmail.com
About Heart Estates
Heart Estates, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-51291) on February 6,
2025.
HERITAGE PORTRAITS: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Heritage Portraits and Albums, Inc. got the green light from the
U.S. Bankruptcy Court for the Northern District of Alabama, Eastern
Division, to use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral pending conclusion of the final hearing, which is
scheduled for August 14.
As protection for the Debtor's use of its cash collateral, the U.S.
Small Business Administration will be granted a replacement lien on
assets acquired by the Debtor after the petition similar to its
pre-bankruptcy collateral. This replacement lien will have the same
priority as SBA's pre-bankruptcy lien.
As further protection, SBA will receive a monthly payment of $731
until its Chapter 11 plan is confirmed.
The Debtor was ordered to escrow $900 per month with its bankruptcy
counsel to cover the Subchapter V trustee's compensation and
expenses. These escrowed funds are not subject to the replacement
lien.
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.
HERMS LUMBER: Seeks to Extend Plan Exclusivity to October 17
------------------------------------------------------------
Herms Lumber Sales, Inc., asked the U.S. Bankruptcy Court for the
Central District of California to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
October 17 and December 16, 2025, respectively.
The Debtor explains that it has made significant progress towards
reorganization. The Debtor is actively working on a plan of
reorganization that will provide a meaningful distribution to
creditors.
The Debtor claims that it simply requires additional time to
finalize its plan and projections. The Debtor is also hopeful that
its efforts to negotiate and formulate a plan will result in a
consensual plan and Debtor will continue to negotiate with
creditors in the hopes of reaching an accord.
The Debtor believes that it is necessary to know the full extent of
the claims asserted against it in order to propose a feasible plan
of reorganization. If Debtor were provided additional time to
propose a plan after the Claims Bar Date, it would give Debtor an
opportunity to analyze the timely-filed claims and modify its plan
as necessary.
Accordingly, Debtor needs to understand the full extent of the
claims filed against it in order to properly analyze and formulate
its Plan.
Herms Lumber Sales, Inc. is represented by:
Aaron E. De Leest, Esq.
Laila Rais, Esq.
Sarah R. Hasselberger, Esq.
Marshack Hays Wood LLP
870 Roosevelt
Irvine, CA 92620
Telephone: (949) 333-7777
Facsimile: (949) 333-7778
Email: adeleest@marshackhays.com
About Herms Lumber Sales Inc.
Herms Lumber Sales, Inc. specializes in the wholesale distribution
of lumber and related construction materials. The Company offers a
variety of products, including dense mixed hardwoods, softwoods,
and plywood/OSB, catering to industries such as pallet
manufacturing and construction.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10403) on Feb. 19,
2025. In the petition signed by Mark C. Herms, president, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Theodor Albert oversees the case.
Aaron E. De Leest, Esq., at Marshack Hays Wood, LLP, is the
Debtor's legal counsel.
HIGHER GROUND: Taps Verita Global as Claims and Noticing Agent
--------------------------------------------------------------
Higher Ground Education, Inc. and its affiliates seek approval from
the U.S. Bankruptcy Court for the Northern District of Texas to
employ Kurtzman Carson Consultants, LLC, doing business as Verita
Global, as claims, noticing, and solicitation agent.
Verita Global will oversee the distribution of notices and will
assist in the maintenance, processing, and docketing of proofs of
claim filed in the Chapter 11 cases of the Debtors.
The firm will be paid at its standard hourly rates and will be
reimbursed for expenses incurred.
The Debtors paid the firm an advance retainer of $30,000.
Evan Gershbein, an executive vice president at Verita Global,
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:
Evan Gershbein
Verita Global LLC
222 N. Pacific Coast Highway, 3rd Floor
El Segundo, CA 90245
Tel: (310) 823-9000
Fax: (310) 823-9133
About Higher Ground Education, Inc.
Higher Ground Education Inc. and its subsidiaries operate
Montessori schools and provide related training and consulting
services worldwide. Founded in 2016, the Group grew to manage more
than 150 schools by 2024, with locations across the U.S. and
international expansion into Hong Kong and mainland China. It also
offers virtual and home-based education, teacher training, and
licensing of its content to independent partners.
Higher Ground Education Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80121) on
June 17, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Michelle V. Larson handles the case.
The Debtors are represented byHolland N. O'Neil, Esq. and Timothy
C. Mohan, Esq. at Foley & Lardner LLP and Nora J. McGuffey, Esq.
and Quynh-Nhu Truong, Esq. at Foley & Lardner LLP.
Sierraconstellation Partners, LLC is the Debtors' Financial
Advisor. Verita Global, LLC fka Kurtzman Carson Consultants, LLC is
the Debtors' Notice, Claims, Solicitation & Balloting Agent.
HKLTN INVESTMENT: Seeks to Hire Gary G. Lyon as Bankruptcy Counsel
------------------------------------------------------------------
HKLTN Investment LLC seeks approval from the Eastern District of
Texas to hire Gary G. Lyon, an attorney practicing in McKinney,
Texas, as general bankruptcy counsel.
The firm will render these services:
(a) furnish legal advice to the Debtor with regard to its
powers, duties and responsibilities as a debtor-in-possession and
the continued management of its affairs and assets under chapter
11;
(b) prepare, for and on behalf of the Debtor, all necessary
applications, motions, answers, orders, reports and other legal
papers;
(c) prepare a disclosure statement and plan of reorganization
and other services incident thereto;
(d) investigate and prosecute preference and fraudulent
transfers actions arising under the avoidance powers of the
Bankruptcy Code; and
(e) perform all other legal services for the Debtor which may be
necessary.
Gary G. Lyon will be paid at these hourly rates:
Attorneys $500
Paralegals $75
The Debtor paid Gary G. Lyon a retainer in the amount of $4,738.
Gary G. Lyon will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Gary G. Lyon, Esq. 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.
Gary G. Lyon can be reached at:
Gary G. Lyon, Esq.
6401 W. Eldorado Parkway, Ste 234
McKinney, TX 75070
Tel: (214) 620-2034
Fax: (469) 521-7219
E-mail: glyon.attorney@gmail.com
About HKLTN Investment LLC
HKLTN Investment LLC is a limited liability company.
HKLTN Investment LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Tex. Case No. 24-41310) on
June 3, 2024. In the petition filed by Hai Nguyen, as president,
the Debtor reports estimated assets and liabilities between $1
million and $10 million each.
HOLYOKE PARKVIEW: Voluntary Chapter 11 Case Summary
---------------------------------------------------
Debtor: Holyoke Parkview Apartments LLC
183 High Street
Holyoke MA 01040
Business Description: Holyoke Parkview Apartments LLC owns and
manages the Park View residential community
located at 859-861 Main Street in Holyoke,
Massachusetts. The property comprises
multiple apartment units offering housing
options within the local market.
Chapter 11 Petition Date: July 8, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-30411
Debtor's Counsel: James P. Ehrhard, Esq.
27 Mechanic Street
Worcester MA 01608
Tel: 508-791-8411
E-mail: ehrhard@ehrhardlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Harrison Bonner as manager.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/D75FPJY/Holyoke_Parkview_Apartments_LLC__mabke-25-30411__0001.0.pdf?mcid=tGE4TAMA
HORNBLOWER CRUISES: Court Dismisses Shaw, et al. Lawsuit
--------------------------------------------------------
Judge Victor Marrero of the United States District Court for the
Southern District of New York dismissed with prejudice the case
captioned as CLYVE SHAW and KENARDRO PRESS, on behalf of themselves
and those similarly situated, Plaintiffs,- against - HORNBLOWER
CRUISES & EVENTS, LCC, Defendant, Case No. 21-cv-10408-VM
(S.D.N.Y.) pursuant to Federal Rule of Procedure 41(a)(2).
On Feb. 29, 2024, this action was stayed because Hornblower
Holdings LLC and certain of its direct and indirect subsidiaries --
including Defendant Hornblower Cruises and Events, LLC -- initiated
Chapter 11 bankruptcy proceedings in the United States Bankruptcy
Court for the Southern District of Texas.
On June 26, 2025, the parties jointly informed the District Court
that the Bankruptcy Court issued an Order confirming the Third
Amended Joint Chapter 11 Plan of Reorganization of Hornblower
Holdings LLC and its Debtor Affiliates. Pursuant to the Plan,
Plaintiffs are permanently enjoined from continuing this action
against the Defendant. Thus, the parties requested that the Court
dismiss this action with prejudice.
A copy of the Court's Order dated June 27, 2025, is available at
https://urlcurt.com/u?l=lABqjk from PacerMonitor.com.
About Hornblower Holdings
Hornblower Holdings, LLC and its affiliates filed Chapter 11
petitions (Bankr. S.D. Tex. Lead Case No. 24-90061) on Feb. 21,
2024. At the time of the filing, Hornblower reported $500 million
to $1 billion in assets and $1 billion to $10 billion in
liabilities.
Judge Marvin Isgur oversees the cases.
The Debtors tapped Porter Hedges, LLP and Paul, Weiss, Rifkind,
Wharton & Garrison, LLP as bankruptcy counsels; Borden Ladner
Gervais, LLP as Canadian counsel; Guggenheim Securities, LLC as
investment banker; and Alvarez & Marsal North America, LLC as
restructuring advisor. Omni Agent Solutions, Inc., is the Debtor's
notice and claims agent and administrative advisor.
Hornblower Group emerged from its Chapter 11 bankruptcy in July
2024 approximately five months after filing a "prepackaged deal"
designed to restructure the company. As part of the deal that was
presented to the bankruptcy court, Hornblower narrowed its focus of
operations and received a new majority owner.
HUMPER EQUIPMENT: Taps James A. Keltner as Wind-Down Manager
------------------------------------------------------------
Humper Equipment, LLC seek approval from the U.S. Bankruptcy Court
for the Western District of Missouri to employ James A. Keltner as
wind-down manager.
Mr. Keltner will render these services:
a. review of claims;
b. assistance with the claim objections;
c. assistance with worker’s compensation claims;
d. assistance with accident liability claims;
e. certain bookkeeping functions;
f. completion of monthly operating reports;
g. winding down of the corporate entities;
h. assistance with post-closing transactions such as the
assembly or coordination of return of collateral; and
i. supervise remaining limited staff in winding down.
Mr. Keltner, would forego his regular salary and in 2024 and thus
far in 2025, has taken approximately 50 percent of his regular
salary.
Mr. Keltner assured the court that he does not represent or hold
any interest adverse to the estate and are considered
"disinterested person[s]" as the phrase is defined in section
101(14) of the Bankruptcy Code, as modified by section 1107(b) of
the Bankruptcy Code.
The firm can be reached through:
James A. Keltner
Humper Equipment, LLC
RBX, Inc.
PO Box 2118
Springfield, MO 65801
About Humper Equipment, LLC
Humper Equipment LLC, a company in Strafford, Mo., filed Chapter 11
petition (Bankr. W.D. Mo. Case No. 24-60818) on December 12, 2024,
with up to $50,000 in assets and $10 million to $50 million in
liabilities. James A. Keltner, sole member of Humper Equipment,
signed the petition.
Judge Brian T. Fenimore oversees the case.
The Debtor is represented by Sharon L. Stolte, Esq. at Sandberg
Phoenix & Von Gontard.
ICORECONNECT INC: Hires Nelson Mullins Riley as Special Counsel
---------------------------------------------------------------
iCoreConnect Inc. and its affiliate seek approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ
Nelson Mullins Riley & Scarborough, LLP as special counsel.
The Debtor needs the firm's legal assistance in connection business
immigration matters of the Debtors specifically with regard to H-1B
work visas, the permanent labor certification program and
extensions as well as any other business immigration items for
foreign nationals employed by the Debtors.
The firm is owed $7,132.30 for prepetition services rendered to the
Debtors.
The firm will be paid at these rates:
Jay Ruby $775 per hour
Paralegals $350 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Ruby disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Jay Ruby, Esq.
Nelson Mullins Riley & Scarborough, LLP
201 17th Street NW Suite 1700
Atlanta, GA 30363
Tel: (404) 322-6065
About iCoreConnect Inc.
iCoreConnect Inc. provides cloud-based software solutions for the
healthcare sector across the United States. Its SaaS offerings
support functions such as ePrescribing, insurance verification,
claims management, analytics, and HIPAA-compliant communication and
backup. The company is headquartered in Ocoee, Florida.
iCoreConnect sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-03390)) on June 2, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
assets and liabilities.
Judge Grace E. Robson handles the case.
The Debtor is represented by Amy Denton Mayer, Esq., at Stichter,
Riedel, Blain & Postler, P.A.
INCAR GROUP: Seeks Chapter 11 Bankruptcy in Puerto Rico
-------------------------------------------------------
On July 7, 2025, INCAR Group LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the District of Puerto Rico.
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 INCAR Group LLC
INCAR Group LLC is a construction contractor based in Cidra, Puerto
Rico.
INCAR Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.P.R. Case No. 25-03067) on July 1, 2025.
In its petition, the Debtor reports estimated assets up to $50,000
and estimated liabilities between $500,000 and $1 million .
The Debtors are represented by Carlos A. Ruiz Rodriguez, Esq.
IROKOS GROUP: Hires Lipton Law Group LLC as Counsel
---------------------------------------------------
Irokos Group, LLC seeks approval from the U.S. Bankruptcy Court for
the District of Massachusetts to employ Lipton Law Group LLC as
counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its duties;
(b) advise the Debtor with respect to any plan of
reorganization and any other matters relevant to the formulation
and negotiation of a plan of reorganization;
(c) represent the Debtors at all hearings in this matter;
(d) prepare all necessary and appropriate legal documents, and
review all financial and other reports to be filed in the Chapter
11 proceeding;
(e) review and analyze the nature and validity of any liens
asserted against the Debtor's property;
(f) review and analyze claims against the Debtor, the
treatment of such claims and the preparation, filing or prosecution
of any objections to claims; and
(g) perform all other legal services as may be necessary or
appropriate during the course of the Debtor's bankruptcy
proceeding.
Marques Lipton, Esq., the primary attorney in this representation,
will be paid at his hourly rate of $350.
In addition, the firm will seek reimbursement for expenses
incurred.
Prior to the Petition Date, the Debtor paid the firm a retainer in
the amount of $20,000.
Mr. Lipton 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:
Marques C. Lipton, Esq.
Lipton Law Group, LLC
945 Concord Street
Framingham, MA 01701
Tel: (508) 202-0681
Email: marques@liptonlg.com
About Irokos Group, LLC
Irokos Group, LLC, filed a Chapter 11 bankruptcy petition (Bankr.
D. Mass. Case No. 25-11270) on June 23, 2025. The Debtor hires
Lipton Law Group LLC as counsel.
JAGUAR HEALTH: Registers 507K Shares From May 2025 Warrants
-----------------------------------------------------------
Jaguar Health, Inc. filed a Registration Statement on Form S-3 with
the U.S. Securities and Exchange Commission regarding a prospectus
relating to the resale of up to 507,390 shares of the Company's
voting common stock, par value $0.0001 per share, by Intracoastal
Capital LLC, Anson Investments Master Fund LP, CVI Investments,
Inc., Noam Rubinstein, Craig Schwabe, Michael Vasinkevich, and
Charles Worthman, as the Selling Stockholders.
The shares of Common Stock registered for resale pursuant to this
prospectus consist of:
(i) 492,612 shares of Common Stock issuable upon the exercise
of common warrants, and
(ii) 14,778 shares of Common Stock issuable upon the exercise
of certain warrants issued to our placement agent.
The Warrants were issued to the Selling Stockholders in a private
placement offering that closed on May 22, 2025.
Private Placement:
On May 20, 2025, the Company entered into securities purchase
agreements with selected accredited investors, pursuant to which
Jaguar agreed to issue and sell, in a registered direct offering by
the Company directly to the Investors priced at-the-market under
the rules of The Nasdaq Market, an aggregate of 246,306 shares of
Common Stock at an offering price of $6.09 per share, for aggregate
gross proceeds from the Offerings of approximately $1.5 million
before deducting the placement agent fee and related offering
expenses. The Shares were offered by the Company pursuant to a
registration statement on Form S-3 (333-278861), which was declared
effective by the Securities and Exchange Commission on May 1, 2024,
including the related base prospectus contained therein and a
prospectus supplement filed on May 21, 2025.
In a concurrent private placement, Jaguar agreed to issue to the
Investors unregistered warrants to purchase up to 492,612 shares of
Common Stock at an exercise price of $5.84 per share. The Common
Warrants are exercisable immediately upon issuance and will expire
on the earlier of:
(i) the 24-month anniversary of the date of issuance,
(ii) the consummation of a fundamental transaction and
(iii) the consummation of a liquidation event.
H.C. Wainwright & Co., LLC served as the Company's exclusive
placement agent in connection with the Private Placement, pursuant
to that certain engagement letter entered into by and between the
Company and the Placement Agent dated as of March 3, 2025.
Pursuant to the Engagement Letter, the Companny paid the Placement
Agent:
(i) a cash fee equal to 7% of the aggregate gross proceeds of
the Offerings,
(ii) a management fee of 1% of the aggregate gross proceeds of
the Offerings,
(iii) a non-accountable expense allowance of $20,000,
(iv) $35,000 for its fees and expenses of legal counsel, and
(v) $15,950 for clearing expenses.
In addition, in connection with the Private Placement, the Company
issued the Placement Agent or its designees the Placement Agent
Warrants to purchase up to 14,778 shares of Common Stock . The
Placement Agent Warrants have substantially the same terms as the
Common Warrants, except that the Placement Agent Warrants have an
exercise price of $7.6125 per share. In addition, upon any exercise
for cash of any Common Warrants issued to the Investors in the
Private Placement, the Company shall:
(i) pay the Placement Agent a cash fee of 7% of the aggregate
gross exercise price paid in cash with respect thereto, and
(ii) issue to the Placement Agent (or its designees) warrants
to purchase that number of shares of Common Stock equal to 6% of
the aggregate number of such shares of Common Stock underlying the
Common Warrants that have been so exercised.
Full text copy of the Registration Statement:
https://tinyurl.com/yxcy9cc8
About Jaguar Health
Jaguar Health, Inc. -- http://www.jaguar.health-- is a
commercial-stage pharmaceuticals company focused on developing
novel, plant-based, sustainably derived prescription medicines for
people and animals with gastrointestinal ("GI") distress, including
chronic, debilitating diarrhea. Jaguar Health's wholly owned
subsidiary, Napo Pharmaceuticals, Inc., focuses on developing and
commercializing proprietary plant-based human pharmaceuticals from
plants harvested responsibly from rainforest areas. The Company's
crofelemer drug product candidate is the subject of the OnTarget
study, a pivotal Phase 3 clinical trial for prophylaxis of diarrhea
in adult cancer patients receiving targeted therapy.
Larkspur, California-based RBSM, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended Dec. 31, 2024, citing that the Company has
an accumulated deficit, recurring losses, and expects continuing
future losses. These conditions raise substantial doubt about the
Company's ability to continue as a going concern. The Company,
since its inception, has incurred recurring operating losses and
negative cash flows from operations and has an accumulated deficit
of $346.5 million as of December 31, 2024.
As of Dec. 31, 2024, the Company had $53.4 million in total assets,
$44.4 million in total liabilities, $2.5 million in commitments and
contingencies and a total stockholders' equity of $6.5 million.
JAMES JOSEPH: To Sell Causes of Action to Bloak LLC for $300K
-------------------------------------------------------------
Shawn K. Brown, Chapter 7 Trustee for James Joseph Sanctified
Spirits, LLC, seeks permission from the U.S. Bankruptcy Court for
the Northern District of Texas, Fort Worth Division, to approve the
sale and settlement agreement with Bloack LLC.
As authorized by the Financing Order, Bloak, LLC made a
post-petition loan to the Debtor in the amount of $300,000.00
secured by perfected liens on all assets of the Debtor, except for
chapter 5 causes of action or any proceeds recovered therefrom, as
more particularly described in the Financing Order.
Bloak contends that it foreclosed on all assets of the Debtor,
except for chapter 5 causes of action, on March 29, 2025 as
authorized by the Financing Order, the DIP Loan Documents, and
applicable law.
On April 17, 2025, the Bankruptcy Court entered an Order which
converted the Bankruptcy Case to a case under chapter 7 of the
United States Bankruptcy Code, thus, the Trustee was appointed.
The Trustee is not holding any funds in the Debtor's bankruptcy
estate to fund litigation to pursue Motion for Determination or the
Adversary Proceeding. John J. Kane, a Director of the law firm of
Kane Russell Coleman Logan PC, filed the Motion for Determination
as counsel for a group of equity holders of the Debtor's parent
company and filed the Adversary Proceeding as proposed special
counsel for the Debtor. After the Bankruptcy Case was converted to
chapter 7, Mr. Kane declined to represent the Trustee on a
contingent fee basis.
In an effort to monetize the bankruptcy estate's claims and causes
of action against Bloak and possible causes of action under chapter
5 of the Bankruptcy Code, the Trustee negotiated with a group of
equity holders of the Debtor's parent company who were represented
by Mr. Kane and Bloak to sell and/or compromise those causes of
action. The Trustee negotiated with the Equity Group and Bloak for
approximately six weeks.
The Trustee determined that the deal he negotiated with Bloak was
the highest and best deal for the Debtor's bankruptcy estate,
particularly in light of Bloak's substantial rights under the
existing Financing Order.
The Trustee and Bloak have negotiated a Sale and Settlement
Agreement to resolve all claims and defenses between themselves,
including complete resolution of the Motion for Determination and
the Adversary Proceeding, and for the Trustee to sell all of the
Debtor’s bankruptcy estate's causes of action
arising under chapter 5 of the Bankruptcy Code to Bloak.
Following is a summary of the proposed Agreement:
a. Bloak will pay the Trustee $300,000.00;
b. the Trustee will convey all of the Debtor’s bankruptcy
estate's causes of action arising under chapter 5 of the Bankruptcy
Code to Bloak;
c. the Trustee and Bloak stipulate that Bloak effectively and
validly foreclosed on all assets of the Debtor, except for chapter
5 causes of action, on March 29, 2025 as authorized by the
Financing Order, the DIP Loan Documents, and applicable law;
d. the Trustee will file a notice to dismiss the Adversary
Proceeding with prejudice;
e. the Trustee will file a notice to withdraw the Motion for
Determination with prejudice;
f. Bloak, to the extent it possesses the information, will give the
Trustee and his professionals access to review and copy the
Debtor's documents and data to the extent that the Trustee does not
already have access via Debtor's counsel, and the Trustee may take
possession of the Debtor's documents and data if he so elects; and
g. broad mutual releases between the Debtor’s bankruptcy estate
and Bloak, including a release of all claims against Bloak's
insiders.
The Trustee believes that the sale all of the Debtor's bankruptcy
estate’s causes of action arising under chapter 5 of the
Bankruptcy Code to Bloak satisfies section 363(b) in that a sound
business justification exists to sell those causes of action on the
terms included in the Agreement.
About James Joseph Sanctified Spirits LLC
James Joseph Sanctified Spirits, LLC is in the business of whiskey
manufacturing in Southlake, Texas.
James Joseph sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 24-44468) on
December 2, 2024. Amir Giryes, manager of James Joseph, signed the
petition.
As of November 27, 2024, James Joseph reported total assets of
$3,942,406 and total liabilities of $3,575,009.
Judge Mark X. Mullin oversees the case.
The Debtor is represented by J. Robert Forshey, Esq., at Forshey
Prostok, LLP.
JEFRYN PARK: Gerard Luckman Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 2 appointed Gerard Luckman, Esq., at
Forchelli Deegan Terrana, LLP as Subchapter V trustee for Jefryn
Park Realty, LLC.
Mr. Luckman will be paid an hourly fee of $695 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Luckman declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Gerard R. Luckman, Esq.
Forchelli Deegan Terrana, LLP
333 Earle Ovington Blvd., Suite 1010
Uniondale, NY 11553
Tel: (516) 812-6291
Email: gluckman@ForchelliLaw.com
About Jefryn Park Realty
Jefryn Park Realty, LLC, through its affiliate, manufactures custom
metal hardware including hinges, locks, and handles. It leases and
operates from a 40,000-square-foot industrial facility in Deer
Park, New York.
Jefryn Park Realty sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-72381) on June 18,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Alan S. Trust handles the case.
The Debtor is represented by James C. Vandermark, Esq., at White
and Williams, LLP.
JSMITH CIVIL: Fourth Elm Wins Bid to Stay, Compel Arbitration
-------------------------------------------------------------
Judge Joseph N. Callaway of the United States Bankruptcy Court for
the Eastern District of North Carolina granted Fourth Elm
Construction, LLC's motion to stay proceeding in the adversary
proceeding captioned as JSMITH CIVIL, LLC, Plaintiff, v. FOURTH ELM
CONSTRUCTION, LLC, Defendant, Adversary Proceeding Case No.
25-00043-5-JNC (Bankr. E.D.N.C.) and compel arbitration.
This adversary proceeding was filed in the bankruptcy court on Feb.
25, 2025. JSmith seeks to obtain judgment against Fourth Elm and
collect proceeds on state law claims of breach of contract and
quantum meruit. It also makes a claim for a declaratory judgment.
In essence, the Complaint maintains that JSmith was a subcontractor
party to a construction contract with Fourth Elm as contractor, and
that the Contract was wrongfully terminated by Fourth Elm resulting
in damages suffered by JSmith.
Fourth Elm seeks to stay this adversary proceeding and force JSmith
to pursue its breach of contract and other claims in private
arbitration as directed in Article 24 of the Contract. Because this
action was filed in a federal bankruptcy court, Section 3 of the
Federal Arbitration Act is invoked.
According to the Court, the arbitration language in Article 24 of
the Contract is clear and unequivocal concerning the applicability
of arbitration unless both parties agree otherwise. It reflects the
intent of the two experienced and sophisticated construction
companies. The Complaint does not contain allegations of adhesion
or support for one party taking advantage of an unsophisticated
party. Fourth Elm and JSmith are long-time commercial construction
companies, and no one forced either entity to enter the Contract.
JSmith freely acknowledges it signed the Contract, admits to the
presence of language in the Contract requiring arbitration, and
does not contend Article 24 provides a voluntary arbitration
opt-out by one party. Instead, it makes two policy exception
arguments.
JSmith maintains the arbitration provision of the Contract is void
as a matter of law because the Contract contains an unacceptable
waiver of claims and limitation of liabilities. It contends Article
22 effectively waives the right to assert claims beyond breach of
contract such as treble damages under North Carolina's Unfair and
Deceptive Trade Practices Act, N.C. Gen. Stat. Sec. 75-1.1, et seq.
or for punitive damages under N.C. Gen. Stat. Sec. 1D-1, et seq.
This argument might carry some weight had JSmith made a viable
extra-contractual claim under either statute or asserted fraud, but
no such claims are asserted in this case, the Court finds.
JSmith also contends that because it is a debtor in bankruptcy, the
case against Fourth Elm necessarily requires application of
Bankruptcy Code provisions beyond the scope of an arbitration
panel.
According to the Court, the argument fails because the Complaint
does not go beyond facts supporting a claim for breach of contract
and quantum meruit. Judge Callaway explains, "It makes no
reference to the Bankruptcy Code beyond the fact that JSmith is a
post-confirmation chapter 11 debtor; it does not delve into
bankruptcy-centric legal claims or policies. No Bankruptcy Code
chapter 5 causes of action are asserted, nor has Fourth Elm filed a
proof of claim in the chapter 11 case that could be used to assert
a counterclaim or other basis of liability (including setoff) in
the arbitration, thereby potentially invoking chapter 3 of the
Bankruptcy Code. To override the arbitration provision solely
because of a later bankruptcy case filing by one of the parties
would negate the mutual agreement and intent of the Contract when
it was signed, an agreement that one of the parties now seeks to
enforce."
Having made this representation, Fourth Elm will be held to its
acknowledgment and will not be permitted to counterclaim, seek
offset in the arbitration process, or otherwise affirmatively
recover of JSmith upon pain of possible sanctions and imposition of
costs for violation of the automatic stay, the Court concludes.
For these reasons, the Motion is granted granted and this matter is
ordered and compelled to arbitration. The Court, however, retains
jurisdiction over core bankruptcy issues should they later arise,
including but not limited to the effect of Sections 362 and 553 of
the Bankruptcy Code.
A copy of the Court's Order dated June 30, 2025, is available at
https://urlcurt.com/u?l=s7x1WF from PacerMonitor.com.
About JSmith Civil LLC
JSmith Civil LLC is a Goldsboro contractor.
JSmith Civil LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 23-02734) on Sept. 19,
2023. In the petition filed by Jeremy Smith, as president, the
Debtor estimated assets and liabilities between $10 million and $50
million each.
Judge Joseph N. Callaway oversees the case.
The Debtor is represented by at Joseph Zachary Frost, Esq., at
Buckmiller, Boyette & Frost, PLLC.
KC PET: Seeks to Hire Sieling Law PLLC as Counsel
-------------------------------------------------
KC Pet, Inc. seeks approval from the U.S. Bankruptcy Court for the
District of Minnesota to employ Sieling Law, PLLC as counsel.
The firm will represent the Debtor in all legal matters arising
during the bankruptcy case, including but not limited to the
determination of claims, negotiations with creditors and third
parties, the drafting and handling of necessary motions, the
preparation and formation of a plan of reorganization.
The firm will be paid at these rates:
Attorneys $300 per hour
Paralegals $130 per hour
The Debtor paid the firm a retainer of $10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ms. Sieling 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:
Mary F. Sieling, Esq.
Sieling Law, PLLC
12800 Whitewater Dr, Ste. 100, #3201
Minnetonka, MN 55343
Tel: (612) 325-1191
Email: mary@sielinglaw.com
About KC Pet, Inc.
KC Pet, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Minn. Case No. 25-41990) on June 18,
2025. In the petition signed by Kristina Clay, president and owner,
the Debtor disclosed up to $500,000 in assets and up to $1 million
in liabilities.
Judge Katherine A. Constantine oversees the case.
Mary Sieling, Esq., at Sieling Law, PLLC, represents the Debtor as
legal counsel.
KINGSBOROUGH ATLAS: Claims to be Paid from Sale Proceeds
--------------------------------------------------------
Kingsborough Atlas Tree Surgery, Inc., filed with the U.S.
Bankruptcy Court for the Northern District of California a
Disclosure Statement in support of Plan of Reorganization dated
June 18, 2025.
The Debtor has been operating a tree surgery/landscape business
since 1994.
In June of 2023, Debtor entered an Asset Purchase Agreement ("APA")
with Anvil builders and related entities wherein Debtor intended to
sell its tree surgery/landscape business to Anvil. Debtor contends
Anvil failed to perform under the APA and it was that breach that
directly lead Debtor to file this Chapter 11 on February 20, 2025.
On January 29, 2025, Debtor filed a civil action against Anvil in
the Sonoma County Superior Court, in and for the State of
California, Case No. 25CV00751. The Complaint states causes of
action for (1) Breach of Contract; (2) Breach of the Implied
Covenant of Good Faith and Fair Dealing; (3) Unfair Competition;
(4) Conversion; (5) Intentional Misrepresentation; (6) Negligent
Misrepresentation; (7) Conspiracy to Defraud; (8) Accounting; (9)
Declaratory Relief; and (10) Injunctive Relief.
The Debtor scheduled $72,575,650 in assets of which $61,000,000 is
the damage claim against Anvil. Subtracting the damage claim from
the total value of the assets, Debtor estimates the value of the
assets on the day was filed is $11,000,000. This total has been
reduced by the assets that have been sold with the approval of
court and the assets that were recovered and liquidated by First
Financial Holdings.
The Debtor scheduled $4,856,748 in claims secured by Debtor's
assets, which has been reduced as assets have been sold and the
secured creditors paid.
The Debtor scheduled $16,241,974 in unsecured claims, $5,000,000 or
more of which are disputed. Debtor will not know the exact total of
unsecured claims until the bar date for filing claims has passed.
The Debtor will employ Grafe Auction Co., as online auctioneer to
evaluate and liquidate Debtor's equipment, trucks and automobiles
on terms to be approved by the court. The liquidation process is
expected to take five to seven months. The sale will be "free and
clear of liens" pursuant to Section 363(f) of the Bankruptcy Code.
The undisputed claims of Classes 1 to 10 will be paid in full upon
the sale of the equipment securing each of the claimants.
After the payment of the undisputed claims, Anvil's disputed lien
will attach to the sale proceeds, with the proceeds to be held in
an interest bearing trust account until Anvil's rights in the sale
proceeds has been adjudicated. The sale proceeds and any recovery
from the litigation against Anvil will be distributed pro rata to
the Allowed Unsecured Claim until no funds remain.
A full-text copy of the Disclosure Statement dated June 18, 2025 is
available at https://urlcurt.com/u?l=G3udGd from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Michael Fallon, Esq.
Michael Fallon, Jr., Esq.
100 E Street, Suite 219
Santa Rosa, CA 95404
Tel: (707) 546-6770
Email: mcfallon@fallonlaw.net
Email: fallonmcf@fallonlaw.net
About Kingsborough Atlas Tree Surgery
Kingsborough Atlas Tree Surgery Inc. is a Santa Rosa,
California-based tree surgery company.
Kingsborough Atlas Tree Surgery Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-10088) on
February 20, 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 William J. Lafferty handles the case.
The Debtor tapped the Law Offices of Michael C. Fallon as
bankruptcy counsel and Carle Mackie Power Ross LLP as special
counsel.
KPOWER GLOBAL: Hires Hutchinson & Greenberg PC as Accountant
------------------------------------------------------------
KPower Global Logistics, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Tennessee to employ
Hutchinson & Greenberg, PC as accountant.
The firm will provide these services:
i. assume primary responsibility for the filing of necessary tax
returns;
ii. prepare financial statements in accordance with the tax
basis of accounting and apply accounting and financial reporting
expertise to assist the Debtor in the presentation of financial
statements; and
iii. provide other general accountant services as the Debtor may
require from time-to-time.
The firm will be paid $12,500 for the services rendered.
Mr. Greenberg 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 M. Greenberg
Hutchinson & Greenberg, PC
6363 Poplar Avenue, Suite 108
Memphis, TN 38119
Tel: (901) 763-4308
Fax: (901) 763-0047
About KPower Global Logistics, LLC
KPower Global Logistics LLC provides third-party logistics services
specializing in customized supply chain solutions across the United
States. The Company offers staffing, warehousing, bulk storage,
consulting, packaging, and special project services for
distribution centers and manufacturing operations.
KPower Global Logistics sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-22294) on May 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge M. Ruthie Hagan handles the case.
The Debtor is represented by the Law Offices of Craig M. Geno,
PLLC.
LEFEVER MATTSON: Court OKs Deal to Extend Cash Collateral Access
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of California
approved a stipulation allowing LeFever Mattson and its affiliates,
Red Cedar Tree, LP and Red Mulberry Tree, LP, to use the cash
collateral of Federal Home Loan Mortgage Corporation (Freddie
Mac).
The stipulation authorizes the use of cash collateral from June 30
to September 30 to pay the expenses of operating and maintaining
the Carmichael Apartments owned by Red Cedar and Courtyard Cottages
owned by Red Mulberry; make the monthly debt service payments of
$23,797.30 for Red Cedar; and make the monthly debt service
payments of $18,158.20 for Red Mulberry.
As protection for any diminution in the value of its interest in
the collateral, Freddie Mac was granted replacement liens on the
properties co-extensive with its pre-bankruptcy liens.
The Debtors are not allowed to use cash collateral to pay any of
their insiders without Freddie Mac's prior written consent or court
order.
About LeFever Mattson
LeFever Mattson, a California corporation, manages a large real
estate portfolio. Timothy LeFever and Kenneth W. Mattson each owns
50% of the equity in the company. Based in Citrus Heights, Calif.,
LeFever Mattson manages a portfolio of more than 200 properties,
comprised of commercial, residential, office, and mixed-use real
estate, as well as vacant land, located throughout Northern
California, primarily in Sonoma, Sacramento, and Solano Counties.
It generates income from the properties through rents and use the
proceeds to fund its operations.
LeFever Mattson and its affiliates filed voluntary Chapter 11
petitions (Bankr. N.D. Calif. Lead Case No. 24-10545) on September
12, 2024. At the time of the filing, LeFever Mattson listed $100
million to $500 million in assets and $10 million to $50 million in
liabilities.
Judge Charles Novack oversees the cases.
Thomas B. Rupp, Esq., at Keller Benvenutti Kim LLP represents the
Debtors as counsel. Kurtzman Carson Consultants, LLC is the
Debtors' claims and noticing agent.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
Freddie Mac, as lender, is represented by:
Marsha A. Houston, Esq.
Reed Smith LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071
Telephone: 213-457-8000
Facsimile: 213-457-8080
Mhouston@reedsmith.com
-- and --
Paul D. Moak, Esq.
Devan J. Dal Col, Esq.
Reed Smith LLP
1221 Mckinney Street, Suite 2100
Houston, TX 77010
Telephone: 713-469-3800
Facsimile: 713-469-3899
Pmoak@reedsmith.com
Ddalcol@reedsmith.com
LEISURE INVESTMENTS: Attys Can Stop Representing Ex-CEO, Court Says
-------------------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that on
Monday, July 7, 2025, a Delaware bankruptcy judge granted two law
firms permission to withdraw from representing the former CEO of
Leisure Investments Holdings—the lead debtor and parent company
of aquatics park operator The Dolphin Co.
The firms cited nonpayment and "irreconcilable differences" with
their former client as grounds for the withdrawal, according to
report.
About Leisure Investments Holdings
Leisure Investments Holdings LLC and affiliates are operating under
the name "The Dolphin Company," 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.
LINQTO INC: Seeks Chapter 11 Bankruptcy in Texas w/ Affiliates
--------------------------------------------------------------
Linqto, Inc., along with affiliates Linqto Texas LLC, Linqto
Liquidshares LLC, and Linqto Liquidshares Manager LLC
(collectively, "Linqto"), has voluntarily filed for Chapter 11
bankruptcy protection in the U.S. Bankruptcy Court for the Southern
District of Texas. The filing is intended to facilitate a
court-supervised restructuring process aimed at preserving and
maximizing value for stakeholders. Linqto expects to maintain
business operations throughout the proceedings.
According to Siciliano, after evaluating all options, the company's
board determined that a court-supervised restructuring was in the
best interest of customers and stakeholders to protect and enhance
the value of its assets.
Linqto is facing major operational and legal hurdles stemming from
serious alleged violations of securities laws and related
investigations by the U.S. Securities and Exchange Commission and
other regulatory agencies. The company also recently identified
significant issues with its corporate structure, raising concerns
about customer asset ownership -- problems management believes can
only be resolved through formal restructuring, according to
Businesswire.
"When our new leadership took over in early 2025, we were clear
that we could not move forward without addressing past legal
issues. We are committed to restructuring the business lawfully and
in a way that protects customer interests," Siciliano added.
Linqto has filed several initial motions seeking court approval for
typical "first day" relief, including continued payment of
essential employee wages and benefits. Approval is expected in the
near term.
To support operations during the restructuring, Linqto has secured
a commitment for up to $60 million in debtor-in-possession (DIP)
financing from Sandton Capital Partners, LP. The funding, once
approved by the court, along with existing cash reserves, will
provide liquidity to meet critical business needs. As part of its
restructuring efforts, Linqto has appointed Jeffrey S. Stein,
Managing Partner at Breakpoint Partners LLC, as Chief Restructuring
Officer. Stein brings decades of experience in financial
restructurings, operational turnarounds, and corporate
transformation initiatives across public and private companies,
according to report.
"Jeff's deep expertise and leadership will be vital in guiding
Linqto through this process and helping us reemerge as a compliant,
customer-first organization," Siciliano said.
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
LINQTO TEXAS: Files for Chapter 11 to Find "Path Forward"
---------------------------------------------------------
Linqto, the investment platform that allows users access to shares
of privately held companies, filed for Chapter 11 bankruptcy,
citing challenges stemming from alleged securities law violations.
CEO Dan Siciliano said in a statement the company is under
investigation by the Securities and Exchange Commission and other
regulators. Mr. Siciliano, co-founder and CEO of Nikkl, Inc., was
named as CEO of Lingto on Jan. 2, 2025, and shut down the platform
in March 2025 after finding numerous violations.
Linqto Platform
Founded in 2010 by Bill Sarris as a technology and software
development company providing services to financial technology
firms, Linqto evolved into a leading financial technology platform
that was intended to enable investors to indirectly invest in
private-market startups and pre-IPO companies.
From February of 2020, until March 14, 2025, Linqto operated a
platform that purported to allow customers to indirectly invest in
private companies, with a focus on the technology sector. More
specifically, Linqto Liquidshares, a Delaware limited liability
company, would purchase and hold securities of privately held
companies, or equity in a fund that owns shares of an issuing
company. Liquidshares then purported to allocate an economic
interest in the securities to a special purpose vehicle in the form
of a series limited liability company and offered customers the
opportunity to purchase an indirect economic interest in the
securities of particular issuing companies by purchasing units in
the series LLC.
As of the Petition Date, the Company said its affiliate Linqto
Liquidshares, LLC, held securities in 111 issuing companies with an
estimated fair market value of in excess of $500 million.
SEC & FINRA Investigations
Upon their appointment at the beginning of 2025, the Company's new
management learned of pending investigations by the U.S. Securities
and Exchange Commission and Financial Industry Regulatory
Authority, Inc., along with allegations of serious regulatory
compliance failures. Linqto's former Chief Revenue Officer, Gene
Zawrotny, commenced a lawsuit on Oct. 7, 2024, against Linqto Inc.,
Bill Sarris, and Joe Endoso (Linqto's President at that time),
alleging serious compliance failures and retaliation.
Mr. Siciliano determined that prior management had knowingly failed
to cure extensive and serious securities law violations that began
as early as 2020. In light of these violations, the new CEO
removed a number of senior executives from their roles.
In February of 2025, the Company engaged Sullivan & Cromwell LLP
to, among other things, facilitate full cooperation with the SEC
investigation and other investigations, assess the Platform's
regulatory compliance and advise on how the company could operate
in a compliant manner going forward. Among myriad other compliance
issues, Linqto's management also discovered that Linqto failed to
maintain an effective system for verifying the accredited status of
its Customers with respect to offerings available only to
accredited investors.
Mr. Siciliano relates that as a result of the misinformation
provided to Customers and the improper operating structure, the
Debtors face substantial contingent liabilities to their Customers,
which, taken together, may render the Debtors insolvent on a
balance sheet basis.
The Company shut down the Platform on March 13, 2025, effectively
ceasing its revenue-generating operations. Following the shutdown
of the Platform, the Company generated revenue through the sales of
Securities held in Liquidshares' inventory to sophisticated
purchasers. From March 6, 2025, through the Petition Date, the
Debtors generated $10,221,635 in net revenue from block trades.
Between January and June of 2025, the Company implemented three
reductions in force ("RIFs") and several terminations, reducing its
total number of full-time employees from 87 to 28 and reducing its
monthly payroll by approximately $1,070,000, or 68%, compared to
January of 2025.
Path Forward
When the depth and extent of the Debtors' historical non-compliance
with the securities laws became apparent and revenue-generating
operations were suspended, in addition to hiring S&C, the Debtors
retained Schwartz, PLLC, and other advisors, including Jefferies
LLC and Triple P TRS, LLC, to assist with efforts to evaluate
restructuring options. All of the estates' professionals will seek
approval of their retention in accordance with Section 327 of the
Bankruptcy Code.
The Company, with the assistance of its professionals, has
concluded that the best way to preserve value for the benefit of
all parties in interest is to seek protection under Chapter 11 of
the Bankruptcy Code, which will afford the Company the opportunity
to:
(a) preserve the value of its assets,
(b) deliberately asses strategic alternatives to maximize the
value of its business,
(c) explore restructuring alternatives that bring its
operations and structure into compliance with applicable securities
laws,
(d) negotiate a path forward with the SEC and other regulators
that will facilitate a fair resolution of government and customer
litigation in a manner that treats everyone equitably and fairly,
(e) address the Debtors' outstanding liabilities, including
the claims of Customers, the SEC, and other regulators, and
(f) secure financing to achieve the foregoing objectives.
The Debtors have evaluated, and are continuing to evaluate, a
variety of alternatives for addressing their organizational
structure, obtaining the requisite regulatory approvals and
licenses to operate, and distributing value to their stakeholders.
Because of the defects in the Debtors' corporate structure,
violations of the securities laws, and the nature of the Debtors'
assets, the Debtors believe that a number of these potential
alternatives are not feasible and will not maximize the value of
the Debtors' assets for the benefit of their Customers or other
creditors. Instead, by restructuring through Chapter 11, Linqto
will be better positioned to address its historical regulatory
compliance issues and related liabilities, protect Customers'
interests, and potentially resume operations through a compliant
structure.
The Company is proactively engaging with various stakeholders and
is prepared to work expeditiously during the Chapter 11 process to
reach consensual agreements with parties.
About Linqto
Linqto is a global investing platform designed to give accredited
investors indirect access to investments in private companies and
unicorns. Linqto's platform has provided customers with access to
a range of pre-IPO companies with an approximate value in excess of
$500 million. On the Web: http://www.linqto.com/
On July 7, 2025, Linqto Texas, LLC and three affiliated companies,
including Linqto, Inc., and Linqto Liquidshares LLC, each filed
petitions seeking relief under chapter 11 of the United States
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90186). The
Debtors' cases have been assigned to Judge Alfredo R. Perez.
Schwartz, PLLC is serving as bankruptcy counsel to the Debtors.
Portage Point Partners is serving as restructuring advisor and
Jefferies is serving as investment banker. ThroughCo
Communications LLC is serving as communications advisor. Epiq
Systems is the claims and noticing agent.
LINQTO TEXAS: Says 13,000 Customers Participated in Platform
------------------------------------------------------------
Linqto in March shut its platform that allowed customers to buy
shares of privately held companies and sought Chapter 11 protection
on Monday, to, among other things, address its outstanding
liabilities to customers and regulators.
From February of 2020 until March 14, 2025, Linqto operated a
platform designed to provide customers with indirect access to
investments in the equity of private companies, with a focus on the
technology sector. Lingto said in court filings that more than
13,000 customers from across the globe participated through the
Linqto platform.
The Company did not disclose the total number of investors that
have outstanding claims against the Company or if it has enough
funds to pay investors in full.
The Company did provide a list of 100 customers with the largest
claims, a copy of which is available at
http://bankrupt.com/misc/txsb25-90186_Petition_List_Customers.pdf
The top 100 customers have claims between $5 million and $440,000
and are comprised mostly of individual investors. The customers
with the 10 largest claims are:
Creditor Unsecured Claim
-------- ---------------
Sky Ventures Limited $5,035,002
Cunningham, Rob $4,134,707
Hejny, Charles $4,120,484
Ledesma, Ricardo $1,965,584
Tubre, Shane $1,738,418
Abramson, James $1,557,533
Pazderka, Robert $1,478,607
Preet, Surinder $1,315,150
Beer, Eric $1,277,028
[Name On File] $1,274,172
The Debtors have filed a motion to extend by 21 days, until Aug.
11, 2025, its deadline to file its complete schedules of assets and
liabilities and statement of financial affairs.
As of the Petition Date, the Company said its affiliate Linqto
Liquidshares, LLC, held securities in 111 issuing companies with an
estimated fair market value of in excess of $500 million.
"After carefully evaluating Linqto's alternatives, the Board of
Directors made the decision that seeking a court-supervised
restructuring was in the best interests of all Linqto customers to
preserve, protect, and maximize the value of Linqto's assets for
the benefit of its stakeholders," said Dan Siciliano, who took over
as Linqto CEO in January this year.
About Linqto
Linqto is a global investing platform designed to give accredited
investors indirect access to investments in private companies and
unicorns. Linqto's platform has provided customers with access to
a range of pre-IPO companies with an approximate value in excess of
$500 million. On the Web: http://www.linqto.com/
On July 7, 2025, Linqto Texas, LLC and three affiliated companies,
including Linqto, Inc., and Linqto Liquidshares LLC, each filed
petitions seeking relief under chapter 11 of the United States
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90186). The
Debtors' cases have been assigned to Judge Alfredo R Perez.
Schwartz, PLLC is serving as bankruptcy counsel to the Debtors.
Portage Point Partners is serving as restructuring advisor and
Jefferies is serving as investment banker. ThroughCo
Communications LLC is serving as communications advisor. Epiq
Systems is the claims and noticing agent.
LLW CONSTRUCTION: Hires Ford & Semach P.A. as Counsel
-----------------------------------------------------
LLW Construction, Inc. seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to employ Ford & Semach,
P.A. as 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 the Debtor, 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.
The firm will be paid at these hourly rates:
Buddy D. Ford, Attorney $550 per hour
Jonathan Semach, Attorney $500 per hour
Heather Reel, Attorney $450 per hour
Paralegal $150 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received from the Debtor $3,000 as pre-filing retainer,
$15,000 as post filing retainer, and $2,000 filing fee.
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 LLW Construction, Inc.
LLW Construction Inc., d/b/a Adeline Custom Homes, is a
construction company specializing in residential and commercial
projects. It operates with a network of experienced project
managers, subcontractors, and suppliers. Founded by Michal and Mary
Winiarek, the Company emphasizes hands-on expertise and
client-centered service in its operations.
LLW Construction Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04229) on June 23,
2025. In its petition, the Debtor reports total assets of $63,757
and total liabilities of $1,865,048.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtors are represented by Buddy D. Ford, Esq. at FORD &
SEMACH, P.A.
MAKO FORESTRY: Case Summary & Four Unsecured Creditors
------------------------------------------------------
Debtor: Mako Forestry Corporation
1349 W. Fairway Dr.
Gulf Shores, AL 36547
Business Description: Mako Forestry provides forestry mulching,
land clearing, and wetland management
services across residential and large tracts
of land. The Company also offers
excavation, site work, road construction,
demolition, utility installation, and right-
of-way clearing. Founded in 1997, it
operates as a locally owned business.
Chapter 11 Petition Date: July 7, 2025
Court: United States Bankruptcy Court
Southern District of Alabama
Case No.: 25-11769
Judge: Hon. Henry A. Callaway
Debtor's Counsel: Alexandra K Garrett, Esq.
SILVER VOIT GARRETT & WATKINS
23210 Highway 98, Suite B2
Fairhope, AL 36532
Tel: (251) 343-0800
E-mail: agarrett@silvervoit.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Michael Manning as president.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7JAQ3RA/Mako_Forestry_Corporation__alsbke-25-11769__0001.0.pdf?mcid=tGE4TAMA
MAKO FORESTRY: Seeks Chapter 11 Bankruptcy in Alabama
-----------------------------------------------------
On July 7, 2025, Mako Forestry Corporation filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Alabama. 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 Mako Forestry Corporation
Mako Forestry Corporation is a forestry company based in Gulf
Shores, Alabama. It provides timber management, harvesting, or
related forestry services in the region.
Mako Forestry Corporation sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ala.Case No. 25-11769) on July
7, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by Alexandra K. Garrett, Esq., at
Silver Voit Garrett & Watkins.
MARIN SOFTWARE: Nasdaq Suspends Trading Due to Filing Delays
------------------------------------------------------------
As previously reported, on April 16, 2025, Marin Software
Incorporated, a Delaware corporation, received a notification
letter from the Listing Qualifications Department of The Nasdaq
Stock Market LLC advising the Company that it was not in compliance
with Nasdaq's continued listing requirements under Nasdaq Listing
Rule 5250(c)(1) as a result of its failure to timely file its
Annual Report on Form 10-K for the fiscal year ended December 31,
2024.
On May 21, 2025, the Company received an additional notification
letter from Nasdaq advising the Company that it was not in
compliance with Nasdaq's continued listing requirements under the
Rule as a result of its failure to timely file its Quarterly Report
on Form 10-Q for the quarter ended March 31, 2025 and continued
failure to file its Form 10-K, as previously communicated in the
Initial Notice.
In response to the Initial Notice and the Second Notice, on June
16, 2025, the Company submitted a letter to Nasdaq requesting an
exception to extend the Company's listing on Nasdaq for 180 days,
until October 13, 2025.
On June 17, 2025, the Company received a letter from Nasdaq stating
that Nasdaq had determined that the Company did not provide a
definitive plan evidencing its ability to achieve compliance with
the Rule, and as a result:
(i) the Company's request for continued listing on Nasdaq was
denied;
(ii) the Company's securities will be delisted from Nasdaq;
(iii) trading of the Company's common stock will be suspended;
and
(iv) a Form 25-NSE will be filed with the Securities and
Exchange Commission, which will remove the Company's securities
from listing and registration on Nasdaq, unless the Company appeals
these determinations.
The Company does not expect to appeal Nasdaq's determinations and
expects Nasdaq to file a Form 25-NSE (Notification of Removal from
Listing) with the SEC to remove the Company's common stock from
listing and registration on Nasdaq.
Further, the Company does not currently intend to apply for its
common stock to be traded on any of the markets operated by the OTC
Markets Group Inc. due to the associated costs and in light of both
the previously announced potential transaction the Company is
currently exploring whereby a private equity firm would acquire
substantially all of the assets of the Company, which may be
through a voluntary reorganization transaction, as well as the
voluntary dissolution and liquidation of the Company that was
previously approved by the Company's stockholders. There can be no
assurance that the Potential Transaction will be entered into or
ultimately be successful, and the Company may abandon pursuing the
Potential Transaction and instead pursue the Dissolution as
previously described in the Company's Definitive Proxy Statement on
Schedule 14A filed with the SEC on May 7, 2025.
Once the Company's common stock is delisted, the Company's
stockholders may find it difficult to obtain accurate quotations of
the Company's common stock, experience a lack of liquidity with
difficulty finding buyers to purchase the stock, a lack of market
makers to support the stock price, and the Company's common stock
is classified as a "penny stock" which requires brokers trading in
the Company's common stock to adhere to more stringent rules, which
may result in a reduced level of trading activity in the secondary
trading market for the Company's common stock.
About Marin Software
Marin Software Incorporated -- https://www.marinsoftware.com/ --
provides a software-as-a-service platform for managing digital
advertising across search, social, and eCommerce channels. Its
platform offers analytics, workflow, and optimization tools
designed to help performance marketers and agencies improve returns
on advertising spend.
On July 1, 2025, Marin Software Incorporated and its affiliated
entities filed voluntary Chapter 11 petitions in the United States
Bankruptcy Court for the District of Delaware (Case No. 25-11263).
The petition was signed by Robert Bertz, the Company's Chief
Financial Officer.
James E. O'Neill of Pachulski Stang Ziehl & Jones LLP is serving as
bankruptcy counsel to the Debtor. Fenwick & West LLP is acting as
corporate counsel. Armanino Advisory LLC is serving as financial
advisor, and Donlin, Recano & Company, LLC is the Debtor's claims,
noticing, solicitation, and administrative advisor.
As of the filing date, Marin reported total assets of $5,656,853
and total debts of $2,767,237.
MARINE TRANSPORT: Seeks Chapter 11 Bankruptcy in New York
---------------------------------------------------------
On July 3, 2025, Marine Transport Logistic Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
New York. According to court filing, the
Debtor reports $11,228,169 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Marine Transport Logistic Inc.
Marine Transport Logistic Inc., doing business as a vehicle and
freight shipping company, operates as a Non-Vessel Operating Common
Carrier (NVOCC), providing international transportation services
for cars, motorcycles, boats, heavy equipment, and general cargo.
The Company runs facilities in Staten Island, New York, and
Bayonne, New Jersey, and serves clients through major U.S. ports
and global destinations.
Marine Transport Logistic Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43215) on
July 3, 2025. In its petition, the Debtor reports total assets of
$11,228,169 and total liabilities of $476,401.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtors are represented by Alla Kachan, Esq. at LAW OFFICES OF
ALLA KACHAN, P.C.
MERIT STREET: Hires Epiq Corporate as Claims and Noticing Agent
---------------------------------------------------------------
Merit Street Media, Inc. sought and obtained permission from the
U.S. Bankruptcy Court for the Northern District of Texas in Dallas
to employ Epiq Corporate Restructuring, LLC as Claims, Noticing,
and Solicitation Agent, effective as of the Petition Date.
According to Merit Street, the retention of Epiq as the Claims,
Noticing, and Solicitation Agent will expedite the distribution of
notices and the processing of claims, facilitate other
administrative aspects of this chapter 11 case, and relieve the
Clerk of Court, the Debtor, and its retained professionals of these
administrative burdens.
The Debtor proposes to compensate Epiq for the services in
accordance with the Services Agreement and a rate structure. Epiq's
professionals charge these rates:
CLAIM ADMINISTRATION HOURLY RATES
Title Rates
IT / Programming $65 - $95
Case Managers $150 - $185
Consultants/ Directors/Vice Presidents $185 - $195
Solicitation Consultant $205
Executive Vice President, Solicitation $215
Executives No Charge
Prior to the Petition Date, the Debtor initiated a $25,000 retainer
to Epiq. The balance of the Retainer, if any, may be applied by
Epiq to any postpetition invoice or held during the pendency of
this Chapter 11 case as security for the payment of fees and
expenses incurred under the Services Agreement. Under the terms of
the Services Agreement, the Debtor has agreed, subject to certain
exceptions, to indemnify, defend and hold harmless Epiq and its
affiliates, parent, officers, members, directors, agents,
representatives, managers, consultants and employees, under certain
circumstances specified in the Services Agreement, except in
circumstances resulting from Epiq's gross negligence or willful
misconduct or as otherwise provided in the Services Agreement or
the Proposed Order.
Alex Warso, a Consulting Director with Epiq, attests that Epiq and
the professionals working on this matter: (a) are not creditors,
equity security holders, or insiders of the Debtor; (b) are not,
and within two years prior to the Petition Date were not,
directors, officers, or employees of the Debtor; (c) have no
connection with the Debtor, any of the Debtor's creditors, any
other party in interest, any of its respective attorneys or
accountants, the U.S. Trustee, or any judge of the Court; and (d)
do not hold or represent any interest materially adverse to the
Debtor's estate. Epiq is a "disinterested person" within the
meaning of section 101(14) of the Bankruptcy Code.
About Merit Street Media
Merit Street Media is a television and media content production and
distribution company based in Fort Worth, Texas. It appears to
focus on creating, producing, and distributing television content,
maintaining business relationships with major cable providers
including DIRECTV and DISH Network, as well as numerous television
stations and production companies.
Merit Street Media sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80156) on July 2,
2025, before the Hon. Scott W. Everett. In its petition, the Debtor
reports estimated assets and liabilities between $100 million and
$500 million.
The Debtor is represented by Sidley Austin LLP as bankruptcy
counsel. Epiq Corporate Restructuring, LLC serves as Claims,
Noticing, and Solicitation Agent, effective as of the Petition
Date.
METAL PARTNERS: To Sell Default Judgments to Intercoastal Financial
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Nevada has approved
Troy S. Fox, Chapter 7 Trustee of Metal Partners Rebar LLC and its
affiliates, to sell Default Judgments.
The Trustee determines the post-conversion assets of the Debtors'
bankruptcy estate included numerous claims for avoidance and
recovery of certain transfers pursuant to Chapter V of the
Bankruptcy Code, and the Trustee accordingly pursued and litigated
those claims with the assistance of his special litigation counsel.
The Trustee's Litigation Claims have resulted in the following
default judgments in favor of the Trustee against third parties,
but the Trustee and his counsel have determined it is not
cost-effective for the MPR bankruptcy estate to continue pursuing
collection of these default judgments;
-- AMP/CPL - The Property LLC 23-01017-abl
$25,818.07
-- Kelz Transport, Inc. 23-01024-abl
$27,300.00
-- Mike's Towing and Trucking LLC 23-01047-abl
$25,750.00
-- LSRI, LLC 23-01026-abl
$36,414.00
-- Western States Wholesale, Inc. 23-01035-abl
$38,673.38
-- Skateboard Transport LLC 23-01032-abl
$51,050.00
-- Schnell North America, Inc. 23-01031-abl
$32,938.16
-- Wire Mesh Corp. 23-01036-abl
$127,586.28
-- Valor Building Materials LLC 23-01070-abl
$338,857.16
-- F&M Transportation, LLC 23-01059-abl
$4,245,236.97
The Trustee has reviewed the Default Judgments with his general
counsel and special litigation counsel and concluded:
a. The Trustee's general counsel and his special litigation counsel
are not willing to pursue these claims on a contingency fee basis;
b. The Trustee's discussions with counsel for other parties
resulted in no higher purchase offers, and no offers to fund the
cost of collection litigation to pursue these claims; and
c. Based on available information relating to collectability,
pursuing collection of these judgments will not result in a net
benefit for the bankruptcy estate.
The Trustee has concluded the Default Judgments do, however, have
value as assets for purchase by other parties.
The Trustee receives an offer from Intercoastal Financial to
purchase the Estate's Interest in the Default Judgments, as is,
where is, without warranty, free and clear of liens and
encumbrances, for the total sum of $8,000.00 cash.
The Trustee concludes that selling the Debtors' bankruptcy estate's
interest in the Default Judgments to Intercoastal for the sum of
$8,000.00, or such higher bid as the Trustee may receive, is in the
best interest of the Debtors bankruptcy estate.
To maximize the potential recovery, however, the Trustee proposes
that the Court also consider any higher qualified overbids that may
be made for the Default Judgments before approval of the proposed
sale to the Buyer.
About Metal Partners Rebar LLC
Metal Partners Rebar, LLC and four affiliates concurrently filed
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. D. Nev. Lead Case No. 20-12878) on June 16, 2020. The
petitions were signed by Joseph Tedesco, chief financial officer.
At the time of the filing, Metal Partners Rebar, LLC, was estimated
to have assets of $10 million to $50 million and liabilities of $50
million to $100 million; BGD LV Holding, LLC was estimated to have
assets of $0 to $50,000 and liabilities of the same range; BRG
Holding, LLC, was estimated to have assets of $1 million to $10
million and liabilities of $10 million to $50 million; and BCG
Ownco, LLC, was estimated to have assets of $1 million to $10
million and liabilities of $10 million to $50 million.
Judge August B. Landis presides over the case.
Michael L. Gesas at Saul Ewing Arnstein & Lehr LLP, represents as
counsel of the Debtors.
METATRON HEALTH: Seeks to Extend Plan Exclusivity to July 19
------------------------------------------------------------
Metatron Health, LLC asked the U.S. Bankruptcy Court for the
District of Oregon to extend its exclusivity periods to file a plan
of reorganization and obtain acceptance thereof to July 19 and
August 19, 2025, respectively.
The Debtor explains that it has been working diligently on the
formation of a viable plan and disclosure statement, including
accurate income and expense projections for the next five years of
operations.
The Debtor claims that it is also in negotiations with creditors
and parties in interest to resolve potential objections to
confirmation, and additional time is needed for such negotiations
to be completed. Debtor believes that no more than 30 days is
needed to conclude the negotiations or determine that negotiations
will not be fruitful.
Metatron Health LLC is represented by:
Nicholas J. Henderson, Esq.
Elevate Law Group
6000 Meadows Road, Suite 450
Lake Oswego, OR 97035
Tel:(503) 417-0508
E-mail: nick@elevatelawpdx.com
About Metatron Health LLC
Metatron Health LLC, d/b/a Portland Regenerative Medicine,
specializes in cutting-edge regenerative medicine and aesthetic
treatments to enhance health and wellness. The Company offers
services such as bioidentical hormone replacement therapy, sexual
health treatments, pelvic health solutions, and advanced facial and
body aesthetic procedures like Botox, fillers, CoolSculpting, and
hair restoration. With a patient-centered approach, Metatron
strives to improve and extend the quality of life for both women
and men through personalized care and innovative therapies.
Metatron Health LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Or. Case No. 25-30533) on Feb. 20, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge David W. Hercher handles the case.
The Debtor is represented by Nicholas J. Henderson, Esq. at ELEVATE
LAW GROUP.
MG LOGISTICS: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: MG Logistics Incorporated
13400 FYH Drive
Huntley, IL 60142
Business Description: MG Logistics Incorporated provides freight
transportation services across the United
States. The Company operates from Huntley,
Illinois, and is authorized for interstate
trucking.
Chapter 11 Petition Date: July 4, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-10269
Judge: Hon. Donald R. Cassling
Debtor's Counsel: Jeffrey C. Dan, Esq.
GOLDSTEIN & MCCLINTOCK LLLP
111 W Washington Street, Suite 1221
Chicago, IL 60602
Tel: (312) 337-7700
Fax: (312) 277-2315
E-mail: jeffd@goldmclaw.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Vassil Bayraktarov as authorized
representative of the Debtor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6XYPSII/MG_Logistics_Incorporated__ilnbke-25-10269__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. American Express $83,509
P.O. Box 53800
Phoenix, AZ 85072
2. Amtrust Wesco Insurance Co. $108,510
800 Superior Ave East
21st Floor
Cleveland, OH 44114
3. Bank Midwest Trucks $250,000
1580 N. Church Rd.
Liberty, MO 64068
4. Bestpass by Fleetworty $150,000
P.O. Box 786587
Philadelphia, PA
19178-6587
5. Comdata $260,000
5301 Maryland Way
Brentwood, TN 37027
6. Daimler Truck Trucks $2,150,000
Financial Services
14372 Heritage Parkway
Suite 400
Fort Worth, TX 76177
7. Huntley Center LLC Lease $487,807
Entre Property
Management LLC
3550 Salt Creek Lane
Suite 104
Arlington Heights, IL 60005
8. Huntley LLC Lease $368,918
Entre Property
Management LLC
3550 Salt Creek Lane
Suite 104
Arlington Heights, IL 60005
9. Imperial Supplies $32,285
300 North Madison St.
P.O. Box 11008
Green Bay, WI 54307
10. IPFS Corporation $37,914
301 West 11th St.
Kansas City, MO 64141
11. Lytx, Inc. $50,750
9785 Towne Center Drive
San Diego, CA 92121
12. M&K Truck Centers $73,298
8800 Byron
Commerce Dr.
Byron Center, MI 49315
13. M&T Equipment Finance Trucks $90,000
4225 Naperville R.
Suite 175
Lisle, IL 60532
14. Omnitracs/Solara $211,841
Omnitacs LLP File
No. 54210
Los Angeles, CA
90074-4210
15. Pegasus TransTech $39,575
a/k/a Treanflow
P.O. Box 88319
Milwaukee, WI 53288
16. PNC Bank Trucks $120,000
655 Business
Center Dr.
Suite 250
Horsham, PA 19044
17. Pomps Tire Service $78,425
P.O. Box 88697
Milwaukee, WI 53288
18. Stoughton Trailer Dry Box Trailers $4,700,000
Acceptance Company
1901 S. Academy St.
Stoughton, WI 53589
19. Truck Country of Illinois $79,000
P.O. Box 734619
Chicago, IL 60673
20. Volvo Financial Services Trucks $250,000
8003 Piedmont Triad Parkway
Greensboro, NC 27409
MIMOSAS A CALI: Susan Seflin Named Subchapter V Trustee
-------------------------------------------------------
The U.S. Trustee for Region 16 appointed Susan Seflin as Subchapter
V trustee for Mimosas A Cali Life, LLC.
Ms. Seflin will be paid an hourly fee of $650 for her services as
Subchapter V trustee, an hourly fee of $250 for trustee
administrator and will be reimbursed for work-related expenses
incurred.
Ms. Seflin declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Susan K. Seflin
21650 Oxnard St., Suite 500
Woodland Hills, CA 91367
Main: (818)827-9210
Direct (310) 429 8255
sseflin@bg.law
About Mimosas A Cali Life
Mimosas A Cali Life, LLC, doing business as Mimosas and Story
Anaheim, operates bar and restaurant venues under the names Mimosas
and Story Anaheim. The establishments offer a variety of food and
beverage services, including brunch, lunch, dinner, and cocktails,
with a focus on spirits, wine, and beer. They are based in
California and cater to weekday and weekend dining experiences.
Mimosas A Cali Life sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14956) on June 12,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Judge Vincent P. Zurzolo handles the case.
The Debtor is represented by David Goodrich, Esq., at Golden
Goodrich, LLP.
MISS BRENDA: Claims to be Paid from Business Revenue
----------------------------------------------------
Miss Brenda, LLC and Sea West, Inc., filed with the U.S. Bankruptcy
Court for the District of Alaska a Joint Plan of Reorganization
dated June 17, 2025.
Each Debtor owns and operates a fishing vessel as its principal
business. As of the Petition Date, the Debtor Miss Brenda, LLC
conducted its commercial fishing operations by way of the vessel
Miss Brenda, Official No. 634181, including two twenty-foot
aluminum skiffs.
During the present bankruptcy case, the Debtor, Miss Brenda, LLC
entered into a stipulation with secured creditor, Trident Seafoods
Corporation lifting the automatic stay as it relates to the vessel,
Miss Brenda. The vessel and one of the skiffs have since been sold
and the proceeds applied to the outstanding balance due.
Debtor Sea West, Inc. conducts its commercial fishing operations by
way of the Northern Dawn, Official No. 528191, including one
eighteen-foot aluminum skiff. The Northern Dawn has operated since
2007 and intends to continue to do so. Jack D. Bernsten is the
manager and 100% owner of the Debtors.
Jack Bernsten served as Manager of the Debtors prior to the
Petition Date and will continue to serve as manager of the Debtors
during the plan term for which he will be compensated the net
revenue payment of expenses and Plan payments.
Class 2 consists of General Unsecured claims. Class 2 claims
consist of the following: Bush Kornfeld, LLP - $32,061.27 (Sea
West, Inc.) Bush Kornfeld, LLP - $45,546.30 (Miss Brenda, LLC).
Class 2 claims will be paid pro rata with administrative fees owed
to Neeleman Law Group, P.C. Payments will be made in the amount of
$25,000.00 on October 15 and April 15 each year of the plan after
fully satisfying the claim to Trident.
Payments to Class 2 claims will be applied first to any claims owed
by Sea West, Inc. and then claims owed by Miss Brenda, LLC. In the
event, Class 1 is paid in full prior to the potential sale of the
Permit/LLP owned by Miss Brenda, LLC, proceeds from the sale of the
Permit/LLP will be paid on a prorata basis to Class 2 claims and
the administrative claim of Neeleman Law Group, P.C.
If at any time during the Plan term and after payment in full to
Class 1, the Debtor elects to sell the Northern Dawn, Class 2
claims and the administrative claim of Neeleman Law Group, P.C.
will be paid in full from proceeds derived from the sale. Parties
reserve the right to discount the outstanding amounts if agreed
upon.
The Plan will be funded with revenue from the Debtor, Sea West,
Inc.'s, fishing operation. The projections are supported by the
accompanying declaration of Jack Bernsten (Bernsten Decl.). It is
anticipated the Debtor's income and expenses will remain relatively
constant moving forward.
In addition to payments from regular income, the Debtor, Miss
Brenda, LLC, holds a Federal Fisheries Permit/LLP, #LLG1277
("Permit"). Debtor intends to sell the Permit and has actively
listed it with Dock Street Brokers, an independent third-party
brokerage. Debtor's Permit is 1 of 5 permits issued with the
combination of endorsements. It has an estimated value of
$75,000.00. It is difficult to ascertain when, or if, the Permit
will sell as the buyer would be one looking for such combination of
endorsements.
A full-text copy of the Joint Plan dated June 17, 2025 is available
at https://urlcurt.com/u?l=X6PLQu from PacerMonitor.com at no
charge.
About Miss Brenda LLC
Miss Brenda, LLC is a commercial fishing business located in Sand
Point, Alaska, focusing on the use of fishing nets, crab and cod
traps, and various other equipment to catch marine species.
Miss Brenda sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Alaska Case No. 25-00036) on March 19, 2025. In its
petition, the Debtor reported total assets of $1,572,000 and total
Liabilities of $842,546.
The Debtor is represented by:
Jennifer L. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
1403 8th Street
Marysville, WA 98270
Tel: (425) 212-4800
Fax: (425) 212-4802
Email: courtmail@expresslaw.com
MITEL NETWORKS: Moody's Assigns Caa1 CFR on Chapter 11 Emergence
----------------------------------------------------------------
Moody's Ratings assigned a Caa1 corporate family rating and Caa1-PD
probability of default rating to Mitel Networks (International)
Limited (Mitel) upon emerging from bankruptcy. Moody's also
assigned a B3 rating to MLN US Holdco LLC's (MLN US Holdco) new $20
million senior secured exit term loan Tranche A-1 facility and a
Caa2 rating to its new $124 million senior secured exit term loan
Tranche A-2 facility. The outlook is stable for both Mitel and MLN
US Holdco.
On March 9, 2025, Mitel and certain of its subsidiaries filed for
Chapter 11 bankruptcy protection in the Southern District of Texas.
Mitel and its subsidiaries emerged from the Chapter 11 process on
June 20, 2025 with $161 million of debt, which constituted about
12% of pre-emergence debt. Mitel did raise approximately $125
million of new money during the bankruptcy process and at
emergence.
RATINGS RATIONALE
Mitel's Caa1 CFR is constrained by: (1) ongoing revenue decline in
its core Unified Communications (UC) business, which raises
business risk; (2) execution risks as the company focuses on
driving incremental revenue from enterprise customers with hybrid
solutions; and (3) vulnerability to competition from large and well
established peers. The rating benefits from: (1) improved financial
leverage due to material debt reduction upon emergence from
bankruptcy, which will provide flexibility to invest in its
business for growth; (2) a good market position with a large
installed UC base of more than 65 million seats in over 100
countries; (3) positive free cash flow potential over time due to
the low capital intensity of its business, material reduction in
interest expense, and benefits from cost reduction efforts; and (4)
adequate liquidity.
Mitel's post-emergence capital structure consists of two classes of
secured debt, with MLN US Holdco as the borrower: (1) unrated $17
million ABL term loan facility expiring in May 2027 and B3-rated
$20 million exit term loan Tranche A-1 facility due June 2028; and
(2) Caa2-rated $124 million exit term loan Tranche A-2 facility due
June 2030. The ABL is secured by a first out on inventory and the
Tranche A-1 facility is secured by a first out on accounts
receivable and first lien on substantially all assets. Because the
Tranche A-1 facility has first out on accounts receivable, Moody's
have ranked the Tranche A-2 facility behind the Tranche A-1
facility. The B3 rating on the Tranche A-1 facility is one notch
above the CFR to reflect their priority ranking while the Caa2
rating on the Tranche A-2 facility is one notch below the CFR to
reflect their junior ranking relative to the Tranche A-1 and ABL
facilities.
The new credit facilities include the following: incremental pari
passu debt capacity up to the greater of $60 million and 0.8x of
EBITDA, plus unlimited amounts subject to 2.50x first lien net
leverage. There is no inside maturity sublimit. The credit
agreement prohibits the designation of unrestricted subsidiaries,
preventing collateral "leakage" to such subsidiaries. Amendments
authorizing the incurrence of additional debt for the purpose of
influencing voting thresholds require 100% lender consent, unless
participation is offered to all lenders, in which case 66.67%
lender consent is required. Any intercompany debt owed to
non-guarantors must be subordinated and unsecured. The credit
agreement provides some limitations on up-tiering transactions,
requiring affected lender consent for amendments that subordinate
or have the direct or indirect effect of subordinating the debt or
liens unless such lenders can ratably participate in such priming
debt, in which case 66.67% lender consent is required. Loan parties
are prohibited from assigning, delegating or transferring any
material intellectual property or any other material property or
material assets to any non-loan party.
Moody's assigned an ESG credit impact score of CIS-5 to Mitel to
reflect Moody's views that despite the company having exited from
bankruptcy with improved financial flexibility, it has high
business risk given its ongoing revenue decline, uncertain business
prospects and consequently a weak track record of execution.
Mitel has adequate liquidity through June 30, 2026 with sources
approximating $175 million versus uses of about $73 million.
Sources of liquidity include cash of $110 million at March 31, 2025
and $65 million of new money at emergence. Uses of liquidity
consist of $2.3 million of term loan amortization and Moody's free
cash flow consumption estimate of about $70 million through the
next twelve months. Mitel has no revolving credit facility. Mitel
has limited ability to generate liquidity from asset sales as its
assets are encumbered and not readily divisible.
The outlook is stable because Moody's expects Mitel to maintain at
least adequate liquidity while gradually improving its operating
and financial performance in the next 12 to 18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company expands revenue and
EBITDA on a consistent basis and improves its liquidity position,
including generating consistent positive free cash flow while
sustaining debt/EBITDA below 6x.
The ratings could be downgraded if the company's revenue and EBITDA
declines do not reverse or if its liquidity position worsens,
possibly due to negative free cash flow generation on a consistent
basis.
The principal methodology used in these ratings was Diversified
Technology published in February 2022.
Mitel's Caa1 rating is two notches above the scorecard-indicated
outcome of Caa3 at LTM Q1/2025, which reflects the pre-bankruptcy
capital structure. However, based on the post-bankruptcy capital
structure, the rating is in line with the forward-looking
scorecard-indicated outcome.
Mitel, headquartered in Ottawa, Ontario, Canada, provides phone
systems, collaboration applications (voice, video calling, audio
and web conferencing, instant messaging etc.) and contact center
solutions through on-site and cloud offerings. Prior to the Chapter
11 filing, Mitel was majority-owned by Searchlight Capital Partners
but is now owned by its pre-petition lenders.
MOM CA: Court Extends Cash Collateral Access to July 17
-------------------------------------------------------
MOM CA Investco, LLC and affiliates received another extension from
the U.S. Bankruptcy Court for the District of Delaware to use cash
collateral.
The court's order authorized the Debtors' interim use of cash
collateral from July 1 to 17 to pay operating expenses in
accordance with their budget.
Enterprise Bank & Trust, PMF CA REIT, LLC, Lone Oak Fund, LLC,
Wilshire Quinn Income Fund, LLC, Preferred Bank, and Banc of
California are the lenders with interests in the cash collateral.
As protection for any diminution in value of their pre-bankruptcy
collateral, the lenders were granted replacement liens on, and
security interests in, all assets of the Debtors, with the same
validity, priority and extent as their pre-bankruptcy liens.
The Debtors' obligations to the lenders and the liens and security
interests granted under the interim order are subject and
subordinate to a carveout for certain fees and
expenses.
The Debtors' right to use cash collateral terminates on July 17
unless extended by court order or lender agreement.
The final hearing is scheduled for July 17.
The Debtors' properties consist of a mix of hotels, an apartment
complex, office buildings, other commercial real estate, and
individual homes used as luxury vacation rentals. Some of these
properties are developed and they generate revenue from operations.
Based on an initial review of their books and records, the Debtors
believe that the lenders hold liens in the properties, which may
also include liens in personal property related to the operation of
the Debtors' businesses.
As of the petition date, the Debtors have cash collateral,
including cash and cash equivalents located at those operating
properties.
About MOM CA Investco LLC
MOM CA Investco LLC and affiliates constitute a real estate joint
venture comprised of a portfolio of commercial properties owned by
the Debtors. The properties that make up the portfolio include
hotels, an apartment complex, office buildings, other commercial
real estate, and individual homes used as luxury vacation rentals.
The Debtors have requested joint administration of their Chapter 11
cases under lead Case No. 25-10321 (Bankr. D. Del. in MOM CA
Investco LLC).
In the petition signed by Mark Shinderman, chief restructuring
officer, the Debor disclosed up to $500 million in both assets and
liabilities.
Judge Brendan Linehan Shannon oversees the case.
The Debtors tapped Buchalter, A Professional Corporation as lead
bankruptcy counsel; Potter Anderson & Corroon, LLP as bankruptcy
co-counsel; and FTI Consulting, Inc. as restructuring advisor.
MONARCHY RANCHEROS: Hires IVEE Group LLC as Property Manager
------------------------------------------------------------
Monarchy Rancheros de Santa Fe, LLC seeks approval from the U.S.
Bankruptcy Court for the District of New Mexico to employ IVEE
Group LLC as property manager.
The firm will provide these services:
a. manage the RV Park that is an asset to the Debtor in all
daily operations such as taking reservations and assisting clients
with their visit to Debtor's Santa Fe RV Park;
b. assist the Debtor in the maintenance and repair of the Santa
Fe RV Park, including but not limited to, cleaning, painting,
decorating, plumbing, carpentry, grounds care, and such other and
further maintenance and repair work necessary for property
operations;
c. assist the Debtor in any and all utility and service
contracts, such as water, electricity, gas, fuel oil, sewage and
trash disposal, vermin exterminations, telephone services, and such
other utilities and services as may be required for property
operations;
d. assist the Debtor in monitoring and processing for payment
all real property taxes, personal property taxes, special
assessments and other levies and charges of local and state
authorities, sales taxes, use taxes, permit and license fees or
taxes, and other such taxes and charges due for the property;
e. assist the Debtor in keeping and maintaining books and
records for the Debtor's property, including but not limited to:
operating budgets, monthly operating reports, audit support, and
any such other books and records as are necessary for the operation
of the property; and
f. assist the Debtor in the marketing of the property in order
to draw in new and recurring clients.
The firm will be paid as follows:
-- the greater of 7 percent of gross collected revenue each
month or the minimum fee of $3,500 per month for each separate
property managed by IVEE;
-- once the RV Park reaches $750,000 in one calendar year the
monthly management fee shall be lowered to 5 percent the minimum
fee will also be lowered to $2,500 the greater of which will be
billed as the property management fee.
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:
Thomas Mason
IVEE Group LLC
1170 Peachtree Street NE Suite 1150
Atlanta, GA 30309
Tel: (404) 477-6189
Email: tmason@ivee.com
About Monarchy Rancheros de Santa Fe, LLC
Monarchy Racheros de Santa Fe, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. D.N.M. Case No. 25-10691) on June 5, 2025. The
Debtor hires Gatton & Associates, P.C. as attorney.
MONARCHY RANCHEROS: Hires Ron C de Baca as Water Operator
---------------------------------------------------------
Monarchy Racheros de Santa Fe, LLC seeks approval from the U.S.
Bankruptcy Court for the District of New Mexico to employ Ron C de
Baca as certified water operator.
Mr. de Baca will assist the Debtor with testing of the Santa Fe RV
Park E.Coli outbreak and continue water testing during the pendency
of the bankruptcy case.
Mr. de Baca will be paid $250 per month flat rate, plus $50 per
hour worked and an additional $40 per hour for any assistant, to be
invoiced to the Debtor upon completion of work.
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.
About Monarchy Racheros de Santa Fe, LLC
Monarchy Racheros de Santa Fe, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. D.N.M. Case No. 25-10691) on June 5, 2025. The
Debtor hires Gatton & Associates, P.C. as attorney.
MONTREAL MAINE: Canadian Pacific Entitled to Judgment Reduction
---------------------------------------------------------------
In the appellate case styled as Joe R. Whatley, Jr., solely in his
capacity as the WD Trustee of the WD Trust other WD Trust,
Plaintiff - Appellant v. Canadian Pacific Railway Company; Soo Line
Railroad Company Defendants - Appellees, World Fuel Services,
Corp., Intervenor below, No. 24-1109; and Joe R. Whatley, Jr.,
solely in his capacity as the WD Trustee of the WD Trust other WD
Trust, Plaintiff - Appellee v. Canadian Pacific Railroad Company;
Soo Line Railroad Company, Defendants - Appellants World Fuel
Services, Corp., Intervenor, No. 24-1477 (8th Cir.), Judges Raymond
W. Gruender, Duane Benton and Bobby E. Shepherd of the United
States Court of Appeals for the Eighth Circuit reverse the decision
of the United States District Court for the District of North
Dakota that denied the motion of Canadian Pacific to apply the
judgment reduction provision under the Montreal Maine & Atlantic
Railway's approved bankruptcy plan. The Circuit Judges also remand
for a complete reduction of the judgment against Canadian Pacific.
On June 29, 2013, a Canadian Pacific train carrying crude oil left
New Town, North Dakota, bound for an oil refinery in New Brunswick,
Canada. World Fuel Entities was the shipper. Canadian Pacific
transported the cars as far as Quebec and then turned them over to
the Montreal Maine & Atlantic Railway. On the evening of July 5,
while still en route, MMA parked the train overnight, set the hand
brakes improperly, and left it unattended. Early the next morning,
the lead locomotive -- which provided additional braking force --
caught fire due to a non-standard repair and was shut down. The
unattended train began rolling downhill toward the town of
Lac-Megantic. There, 63 of its 72 cars derailed, spilling their
crude oil and causing a series of massive explosions that took the
lives of 47 people and destroyed the center of town. MMA's
negligence is the undisputed sole cause of the derailment and
disaster.
Shortly thereafter, MMA filed for Chapter 11 bankruptcy in the
United States Bankruptcy Court for the District of Maine. Its
approved bankruptcy plan established a trust "for the sole purpose
of liquidating and distributing" its assets to wrongful death
claimants. Around the same time, various parties, including the
shipper, WFE, entered into settlement agreements with MMA. Canadian
Pacific did not settle.
Canadian Pacific was a non-settling defendant and WFE was a
released party. Under the plan, non-settling defendants were barred
from asserting a derailment-related claim against the released
parties.
This appeal concerns a consequent suit brought by Joe R. Whatley,
Jr. -- as trustee of a trust for the wrongful death claimants --
against Canadian Pacific Railroad Company and various related
companies.
In 2016, Whatley sued Canadian Pacific, asserting WFE's assigned
Carmack Amendment claims. The district court ultimately determined
that Canadian Pacific was liable under the Carmack Amendment for
the value of the train's crude oil cargo. Whatley and Canadian
Pacific submitted a joint stipulation to the district court. This
joint stipulation contained two key provisions:
(1) that the crude oil cargo had been worth one of three
possible, specified amounts, and
(2) that the district court "shall decide whether the Judgment
Reduction Provision applies in this action, and if so how, prior to
entry of final judgment."
Canadian Pacific accordingly moved to apply the judgment reduction
provision and Whatley cross-moved for the value of the crude oil
and for prejudgment interest. In a single order resolving both
motions, the district court found the value of the crude oil to be
$3,950,464 and granted Whatley that amount, along with prejudgment
interest. However -- despite accepting the parties' joint
stipulation in its entirety -- the district court declined to
address whether the judgment reduction provision applied,
concluding that it was "a matter properly reserved to the
Bankruptcy Court" that had approved the plan. Canadian Pacific
filed a motion for reconsideration, asking the court to reconsider
its decision not to apply the judgment reduction provision, which
the court denied.
The MMA bankruptcy plan provided that a trial court should, before
entering a judgment against Canadian Pacific, reduce its initial
damages determination by the "Judgment Reduction Amount." The plan
provided for three possible methods of calculating the judgment
reduction amount, depending on the situation. The parties agree
that the appropriate method requires the court to calculate the
value of the "Contribution/Indemnity Credit."
The approved bankruptcy agreement and order prevent Canadian
Pacific from asserting a contribution or indemnity claim against
MMA or against any of the released parties that settled with MMA.
Thus, the "Contribution/Indemnity Credit" acts to ensure that
Canadian Pacific pays no more than its proportionate liability for
the Lac-Megantic derailment tragedy. The agreement provides that
the credit should equal the value "of all contribution or
indemnification claims" that Canadian Pacific "would be entitled
to" from a released party "but for operation of the Order."
According to the Eighth Circuit, the value of these claims should
be calculated in accordance with the holding in, and methodology
adopted by, Austin v. Raymark Indus., 841 F.2d 1184 (1st Cir.
1988).
The Eighth Circuit concludes, "Here, the district court already
determined -- and the parties do not dispute -- that MMA was solely
liable for the Lac-Megantic derailment tragedy. Thus, under Austin,
100% of the liability belongs to MMA. Unlike in Austin, there are
no joint tortfeasors who share liability with MMA. Thus, no other
party can fairly be made to take on MMA's share of the liability.
Therefore, Canadian Pacific is entitled to a 100% judgment
reduction credit; regardless of the ultimate damages determination
under the Carmack Amendment, any judgment against Canadian Pacific
must be reduced to zero."
A copy of the Eighth Circuit Court's decision dated July 3, 2025,
is available at https://urlcurt.com/u?l=i3Jfem
About Montreal Maine
Montreal, Maine & Atlantic Railway Ltd., operated the train that
derailed and exploded in July 2013, killing 47 people and
destroying part of Lac-Megantic, Quebec. The Company sought
bankruptcy protection (Bankr. D. Maine Case No.13-10670) on Aug. 7,
2013, with the aim of selling its business. Its Canadian
counterpart, Montreal, Maine & Atlantic Canada Co., meanwhile,
filed for protection from creditors in Superior Court of Quebec in
Montreal.
Montreal, Maine & Atlantic Canada Co. ("MMA Canada"), the Canadian
unit of Chapter 11 debtor Montreal, Maine & Atlantic Railway Ltd.
("MMA"), on July 20, 2015, filed Chapter 15 bankruptcy petition
(Bankr. D. Maine Case No. 15-20518) in Portland, Maine, to seek
recognition and enforcement in the U.S. of the order by the Quebec
Court approving MMA Canada's plan to pay off victims of the July
2013 derailment.
The law firm of Verrill Dana served as counsel to the Debtor.
Robert J. Keach, Esq., at Bernstein, Shur, Sawyer, and Nelson,
P.A., is the Chapter 11 trustee. Lindsay K. Zahradka and and D.
Sam Anderson, Esq. served as his counsel. Development Specialists,
Inc., served as his financial advisor; and Gordian Group, LLC,
served as his investment banker.
Justice Martin Castonguay oversaw the case in Canada. Andrew
Adessky at Richter Consulting was named CCAA monitor. The CCAA
Monitor was represented by Sylvain Vauclair at Woods LLP. MM&A
Canada was represented by Patrice Benoit, Esq., at Gowling LaFleur
Henderson LLP.
The U.S. Trustee appointed a four-member official committee of
derailment victims. The Committee was represented by lawyers at
Perkins Olson; and Paul Hastings LLP.
The unofficial committee of wrongful death claimants was
represented by lawyers at Gross, Minsky & Mogul, P.A.; Murtha
Cullina LLP; Meyers & Flowers, LLC; The Webster Law Firm; and
Weller, Green Toups & Terrell LLP.
The Debtor's Revised First Amended Plan of Liquidation, which
created a C$446 million settlement fund for the benefit of all
victims of the train derailment in 2013 that
killed 47 people, became effective Dec. 22, 2015.
MOSAIC SWNG: Gets Extension to Access Cash Collateral
-----------------------------------------------------
Mosaic SWNG, LLC received sixth interim approval from the U.S.
Bankruptcy Court for the Southern District of Texas to use its
secured lender's cash collateral.
The sixth interim order signed by Judge Christopher Lopez
authorized the Debtor to use the cash collateral of Fannie Mae to
pay the expenses set forth in its budget, with a 10% variance
allowed.
The budget shows total expenses of $28,410 for the week ending June
26; $44,000 for the week ending July 3; $29,000 for the week ending
July 10; $66,000 for the week ending July 17; $73,650 for the week
ending July 24; $48,500 for the week ending July 31; $33,500 for
the week ending August 7; $70,500 for the week ending August 14;
$77,400 for the week ending August 21.
The lender's cash collateral consists of rents and accounts
receivable generated from the Debtor's assets, including a 504-unit
multifamily residential real property located in Pasadena, Texas.
As protection, Fannie Mae was granted post-petition replacement
liens on all property of the Debtor, whether acquired before or
after the petition date.
To the extent the replacement liens are insufficient to provide
protection against the diminution, if any, in value of the lender's
interest in the collateral, Fannie Mae will be granted a
superpriority claim.
The Debtor was ordered to remit to the secured lender a cash
payment equal to the amount by which its remaining cash balance at
the end of the prior calendar month exceeded $80,000.
A final hearing is scheduled for August 27.
Fannie Mae is represented by:
Keith M. Aurzada, Esq.
Michael P. Cooley, Esq.
Dylan T.F. Ross, Esq.
2850 N. Harwood Street, Suite 1500
Dallas, TX 75201
Telephone: (469) 680.4200
Facsimile: (469) 680.4299
kaurzada@reedsmith.com
mpcooley@reedsmith.com
dylan.ross@reedsmith.com
About Mosaic SWNG LLC
Mosaic SWNG LLC, doing business as Mosaic Apartments, was
established in October 2021 with the exclusive purpose of acquiring
and owning the 504-unit multifamily residential property known as
"Mosaic Apartments." The apartment complex, built in 1981, is
located at 4025 Burke Road, Pasadena, Texas, in Harris County.
Mosaic SWNG sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Texas Case No. 25-90010) on January 30, 2025,
listing between $50 million and $100 million in both assets and
liabilities.
Judge Christopher M. Lopez handles the case.
Melissa A. Haselden, Esq., at Haselden Farrow, PLLC is the Debtor's
legal counsel.
MOUNTAIN SPORTS: Seeks to Extend Plan Exclusivity to August 29
--------------------------------------------------------------
Mountain Sports, LLC and its 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 August 29 and October 28, 2025, respectively.
The Debtors explain that extension of the Exclusive Periods is
justified by the good faith progress the Debtors are making toward
liquidating their remaining assets, reviewing filed and scheduled
claims, and formulating the basis of a viable plan in these cases.
Further, the Debtors and Committee are in agreement as to the
parameters of, and are drafting, the joint plan to be submitted to
the Court. The Debtors assert that there is sufficient "cause" for
an extension of the Exclusive Periods.
The Debtors claim that the extension of the Exclusive Periods will
afford the companies, Committee, and all other parties in interest
an opportunity to fully develop the grounds upon which a plan can
be based following the payment in full of PNC. Terminating the
Exclusive Periods prematurely would defeat the very purpose of
section 1121 of the Bankruptcy Code – to afford the Debtors a
meaningful and reasonable opportunity to negotiate with creditors
and propose and confirm a consensual plan.
Accordingly, the Debtors should be afforded a full and fair
opportunity to propose, negotiate, and seek acceptance of a chapter
11 plan. The Debtors believe that the requested extension of the
Exclusive Periods is warranted and appropriate under the
circumstances. The Debtors submit that the requested extension is
realistic and necessary, will not prejudice the legitimate
interests of creditors and other parties in interest, and will
afford it a meaningful opportunity to pursue a consensual plan, all
as contemplated by chapter 11 of the Bankruptcy Code.
The Debtors assert that they are paying their bills as they become
due, have resolved and paid, or are working to resolve,
administrative claims that were filed with the Court. Additionally,
the Debtors are reviewing the claims filed with their claims agent,
some of which include an administrative claim portion, and will pay
such administrative claims as they are reviewed and adjudicated, if
necessary. This factor favors the Debtors' request for an extension
of exclusivity.
Counsel for the Debtors:
GOLDSTEIN & MCCLINTOCK LLLP
Maria Aprile Sawczuk, Esq.
501 Silverside Road, Suite 65
Wilmington, DE 19809
Telephone: (302) 444-6710
Email: marias@goldmclaw.com
- and -
Matthew E. McClintock, Esq.
William Thomas, Esq.
111 W. Washington Street, Suite 1221
Chicago, IL 60602
Telephone: (312) 337-7700
Email: mattm@goldmclaw.com
willt@goldmclaw.com
About Mountain Sports
Mountain Sports LLC, doing business as Bob's Stores, Eastern
Mountain Sports, EMS, and Sport Chalet, is a sporting goods, hobby
and musical instrument retailer.
Mountain Sports LLC and its affiliates sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No.
24-11385) on June 18, 2024. In the petitions filed by David Barton,
authorized representative, Mountain Sports disclosed between $10
million and $50 million in both assets and liabilities.
Judge Mary F. Walrath oversees the cases.
The Debtors tapped Goldstein & McClintock LLLP as counsel and
Silverman Consulting as financial advisor.
The Office of the United States Trustee for the District of
Delaware appointed an official committee of unsecured creditors.
The committee tapped Lowenstein Sandler, LLP as bankruptcy counsel
and Morris James LLP as Delaware counsel.
MOYVANE-ARABIAN PROPERTIES: Taps de Montluzin Investments as Broker
-------------------------------------------------------------------
Moyvane-Arabian Properties, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Louisiana to employ de
Montluzin Investments Realtors, LLC as broker.
The firm will market and sell the Debtor's real property located at
1022-24 Orange Street, New Orleans, Louisiana.
The firm will be paid a commission of 6 percent of the gross sales
price.
Ann de Montluzin Farmer, a partner at Ann de Montluzin Farmer of de
Montluzin Investments Realtors, LLC, disclosed in a court filing
that the firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Ann de Montluzin Farmer
Montluzin Investments Realtors, LLC
719 Napoleon Ave
New Orleans, LA 70115
Tel: (504) 895-1493
About Moyvane-Arabian Properties
Moyvane-Arabian Properties, LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D. La.
Case No. 25-10694) on April 9, 2025. At the time of filing, the
Debtor estimated $500,001 to $1 million in assets and $100,001 to
$500,000 in liabilities.
Judge Meredith S Grabill presides over the case.
Patrick S. Garrity, Esq. at The Derbes Law Firm, LLC represents the
Debtor as counsel.
MURPHDOG LLC: Seeks to Hire Robl & Bowen LLC as Attorney
--------------------------------------------------------
MurphDog LLC seeks approval from the U.S. Bankruptcy Court for the
Northern District of Georgia to hire Robl & Bowen LLC as its
counsel.
The firm's services include:
a. advising the Debtor regarding potential benefits and
potential disadvantages of the Chapter 11 process, as applicable to
Debtor's circumstances;
b. preparing the bankruptcy Petition, Schedules of Assets and
Liabilities, Statement of Financial Affairs, company Resolution,
and similar documents;
c. reviewing the Debtor's governing corporate agreements and
preparing a Resolution authorizing a bankruptcy filing consistent
with the requirements of those agreements;
d. assisting the Debtor with the preparation of such "first
day motions" as may be necessary, including any motions regarding
authorization to utilize cash collateral, motions to authorize
payment of pre-petition claims, and similar filings;
e. assisting the Debtor in providing documents to the United
States Trustee's ("U.S. Trustee's") office for review in advance of
the Initial Debtor Interview ("IDI");
f. assisting Debtor in preparing for the IDI and participating
in the IDI with Debtor's representative;
g. assisting Debtor in preparing for the examination provided
for by Bankruptcy Code Section 341 (the "341 Meeting") and
participating in the 341 Meeting with Debtor's representative;
h. preparing the status report required in a Subchapter V
case;
i. participating the status conference required in a
Subchapter V case;
j. advising Debtor of Debtor's rights, duties and obligations
as debtor-in-possession;
k. reviewing claims filed in the case and assisting Debtor in
evaluating such claims for potential objections;
l. conducting or defending examinations pursuant to Rule 2004
of the Federal Rules of Bankruptcy Procedure as may be deemed
desirable or necessary;
m. consulting with Debtor and representing Debtor with respect
to formulating a Chapter 11 plan of reorganization, and in the
Chapter 11 plan confirmation process;
n. assisting Debtor with the preparation of monthly operating
reports;
o. performing legal services incidental and necessary to
carrying out the day-to-day operations of Debtor's business
activities;
p. instituting and prosecuting necessary adversary proceedings
and contested matters; and
q. taking any and all other actions incident to the proper
preservation and administration of Debtor's estate and business.
The firm will be paid at these rates:
Michael Robl, Esq. $475 per hour
Maxwell Bowen, Esq. $425 per hour
Rene Pennington, Esq. $425 per hour
Dejanae Bridges (paralegal) $175 per hour
The firm received a retainer in the amount of $20,000.
Robl & Bowen is "disinterested" and does "not hold or represent an
interest adverse to the estate" within the meaning of Section 327
of the bankruptcy code, according to court filings.
The firm can be reached through:
Michael D. Robl, Esq.
Maxwell W. Bowen, Esq.
ROBL & BOWEN, LLC
3754 Lavista Road, Suite 250
Tucker, GA 30084
Tel: (404) 373-5153
Fax: (404) 537-1761
Email: max@roblgroup.com
Email: michael@roblgroup.com
About MurphDog LLC
MurphDog LLC, d/b/a Ironmonger Brewing Company, Naughty Soda,
Ironmonger Brewing & Distilling, and Ironmonger Taproom + Axe
Throwing, operates in Marietta, Georgia, under various trade names
including Ironmonger Brewing Company, Naughty Soda, Ironmonger
Brewing & Distilling, and Ironmonger Taproom + Axe Throwing. The
Company is engaged in the beverage and entertainment industry,
offering craft brewing, soda production, and recreational
services.
MurphDog LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-56326) on June 5,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
The Debtors are represented by Michael D. Robl, Esq. at ROBL &
BOWEN LLC.
NASSAU FINANCIAL: S&P Assigns 'BB-' Long-Term ICR, Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' long-term issuer credit
rating to Nassau Financial Group L.P. and The Nassau Cos. of New
York and its 'BBB-' issuer credit and financial strength ratings to
core operating subsidiaries Nassau Life Insurance Co., Nassau Life
and Annuity Co., and Nassau Life Insurance Co. of Kansas
(collectively, Nassau).
S&P said, "At the same time, we assigned a 'BB-' issue-level rating
to NCNY's existing senior unsecured debt and a 'BB' subordinated
debt rating to Nassau Life Insurance Co.'s existing surplus note.
In addition, we assigned our 'BB-' issue-level rating to NCNY's
$400 million senior unsecured debt issuance due 2030."
The outlook on the issuer credit and financial strength ratings is
stable.
S&P's ratings on NFG reflect its upward trajectory in its core
markets, largely from its fixed annuity and indexed annuity
products (and, to a lesser extent, its Multi Year Guaranteed
Annuity (MYGA) product). The business risk profile also reflects
the growing asset management business, which manages Nassau's
general account and also generates fee income through its
third-party assets under management.
NFG distributes its products primarily through small Independent
Market Organizations (IMOs). Nassau has seen strong growth in its
annuity sales, to $1.6 billion in 2024 from $601 million in 2020.
However, it ranks outside the top 20 companies in the overall fixed
annuity, fixed indexed annuity, and MYGA markets (though it did
break into the top 20 in fixed indexed annuity sales, per the LIMRA
rankings as of March 31, 2025).
The company's fair competitive position also accounts for its
operating performance. S&P said, "We expect the trend in the
company's earnings to continue, and we expect it to generate stable
operating earnings (adjusted EBITDA) of about $150 million-$200
million in next two years."
The improvement in operating performance in recent years was based
on EBITDA rising to about $230 million in 2024 from -$32 million in
2020. Return on equity also improved during that period, to 13.6%
from -11.2%.
Challenges for the company have historically included large
one-time expenses and underwriting mortality losses (primarily
driven by universal life policies held by institutional investors
through PHL Variable Insurance Co., an operating entity the group
no longer owns). However, in recent years, the profitable growth of
its annuity and asset management businesses has offset these
challenges.
The vast majority of management's view of earnings, referred to as
adjusted operating income (AOI), is generated by its annuity lines
(43% of AOI) -- a limiting factor in the overall business risk
profile. Offsetting the concentration are the earnings generated
from the company's regulatory closed block of participating whole
life (16% of AOI) -- which S&P views as low risk (though it isn't
part of the company's go-forward strategy) -- as well as its
growing asset management business (12% of AOI).
S&P said, "Our ratings also reflect NFG's satisfactory financial
risk profile because of excess capital above our 99.50% confidence
level per our risk-based capital model. In our analysis of
capitalization, we include the affiliated reinsurers: Lynbrook Re
Inc., Sunrise Re Inc., and Nassau Re (Cayman). We project that the
group will produce organic earnings that will support
capitalization above our 99.50% confidence level in the next two
years.
S&P assesses NFG's risk exposure as moderately low. The company's
investment portfolio is well diversified and is of high credit
quality, with an average rating of 'A'--and this benefits its risk
position.
Historically, the company has had a significant unfunded status of
its pension obligations. However, the ratio of unfunded pension
obligations to total adjusted capital--2.8% as of
year-end-2024--supports a moderately low risk profile.
S&P said, "We view the company's funding structure as neutral to
our ratings. Based on our calculations, NFG's financial leverage on
a reported basis was 32.4%, and its fixed-charge coverage ratio was
4.7x as of year-end 2024. Excluding accumulated other comprehensive
income (AOCI), financial leverage was 21.6%.
"With the anticipated debt offering--which will add approximately
$300 million of incremental debt--we expect that the company will
report financial leverage that's slightly above 40% on a reported
equity basis and below 30% excluding AOCI. But with organic
earnings generation and a subsequent increase in retained earnings,
we expect that financial leverage will be less than 40% on a
reported equity basis and below 30% excluding AOCI, with
fixed-charge coverage above 4x in the next two years.
"These figures would be within our thresholds for financial
leverage and fixed charge coverage and therefore supportive of our
ratings.
"Governance is neutral to the ratings. The company has an
experienced management team with a formalized growth plan that we
believe is consistent with its capabilities. The group has an
independent board consisting of seven directors, with four of the
seven directors being independent.
"The company has established a formal risk appetite--reviewed by
the management team and approved by the CEO--and we expect the
company to keep its risk profile consistent with its risk
appetite.
"Our ratings also reflect our views regarding the recent regulatory
intervention of PHL Variable Insurance, the insurance operating
entity that was part of the Nassau Group until 2021. (That year, it
separated from the group and became a subsidiary of GG Holding Co.
after working with and receiving approval from the Connecticut
Insurance Department.) In 2024, PHL entered rehabilitation
proceedings in Connecticut.
"While we view the Nassau Group's overall enterprise management as
sufficient, we will remain cautious until we see a longer-term
track record of effective enterprise risk management actions
relative to the company's risk controls and risk appetite--for
example, hedging effectiveness--as well as further demonstration of
quantitative risk reporting over time that ensures that risks
remain within the company's tolerances.
"Our 'BB-' ratings on NFG and NCNY are three notches below our
'BBB-' ratings on the operating entities. The holding companies
primarily depend on dividends from the operating subsidiaries for
their cash flow needs. This is our standard subordination for U.S.
insurance holding companies.
"The stable outlook reflects our expectations that NFG will
continue to grow its earnings while it expands its platform in the
annuity space and sees complementary earnings from its asset
management business, while keeps its capitalization at the 99.50%
level in our forecast. We expect the company to maintain financial
leverage below 40% and fixed-charge coverage above 4x."
S&P could lower its ratings in the next 12-24 months if:
-- S&P's view of NFG's capitalization deteriorates to the point
where it no longer anticipates that capital redundancy would be
sustainable at the 99.50% or satisfactory stress level;
-- Earnings deteriorate, weakening S&P's view of the company's
competitive position (all because of unexpected outsize
underwriting losses or investment losses--as an example--or
negative earnings from its asset management business); or
-- Fixed-charge coverage falls below 4x or leverage materially
increases above our 40% threshold for a sustained period of time.
S&P could raise the ratings if:
-- Nassau continues to execute on its strategic growth plan,
leading to increased sales and net inflows as well as improved
financial performance;
-- Improved organic net capital generation leads to capitalization
that's sustained at the 99.80% level, supported by an effective
enterprise risk management framework that demonstrates sufficient
risk controls for its actuarial, asset/liability, and investment
risks; or
-- Product lines and distribution become sufficiently diversified
(for example, with asset management of third-party assets
sustainably becoming more than 20% of operating earnings, or with
the company's market position materially improving beyond its top
20 position in the fixed indexed annuity market).
NO WAKE ZONE: Ryan Richmond Named Subchapter V Trustee
------------------------------------------------------
The Acting U.S. Trustee for Region 5 appointed Ryan James Richmond
of Sternberg, Naccari & White, LLC as Subchapter V trustee for No
Wake Zone, LLC.
Mr. Richmond will be paid an hourly fee of $390 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Richmond declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Ryan James Richmond
Sternberg, Naccari & White, LLC
450 Laurel Street
Suite 1450
Batton Rouge, LA 70801
Tel: 225-412-3667
Fax: 225-286-3046
Email: ryan@snw.law
About No Wake Zone
Wake Zone, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. La. Case No. 25-11248) on June 17,
2025, with up to $50,000 in assets and liabilities.
Judge Meredith S. Grabill presides over the case.
Robin R. DeLeo, Esq. represents the Debtor as legal counsel.
NOBLE LIFE: Hearing on Bid to Use Cash Collateral Set for July 10
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Maryland, Baltimore
Division, is set to hold an evidential emergency hearing on July 10
on Noble Life Sciences, Inc.'s bid to use cash collateral.
The Debtor's authority to utilize cash collateral pursuant to the
court's June 30 order expires on July 10.
The June 30 order authorized the Debtor to use up to $60,000 in
cash collateral held at Fulton Bank, N.A. to pay for employee
health insurance and payroll checks that did not clear
post-petition.
Fulton Bank was granted a post-petition lien and security interest
as protection for any cash collateral used.
Fulton Bank is represented by:
Michael D. Nord, Esq.
Gebhardt & Smith, LLP
One South Street, Suite 2200
Baltimore, MD 21202
Tel: (410) 385-5072
mnord@gebsmith.com
About Noble Life Sciences Inc.
Noble Life Sciences, Inc. is a pre-clinical contract research
organization that provides GLP and non-GLP services, including
safety and efficacy testing, for drugs, vaccines, and medical
devices. It offers capabilities in pharmacology, bioanalysis,
analytical testing, and preclinical development across a range of
therapeutic areas such as oncology, infectious diseases, and
cardiovascular conditions.
Noble Life Sciences sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-15637) on June 22, 2025.
In its petition, the Debtor reported total assets of $488,456 and
total liabilities of $5,160,511.
The Debtor is represented by Robert B. Scarlett, Esq., at Scarlett
& Croll, P.A.
NORTEX REDIMIX: Hires Spector & Cox PLLC as Legal Counsel
---------------------------------------------------------
Nortex Redimix, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Texas to employ Spector & Cox, PLLC as
counsel.
The firm's services include:
a. providing legal advice with respect to their powers and
duties as Debtor-in-possession;
b. preparing and pursuing confirmation of a plan and approval
of a disclosure statement to the extent required;
c. preparing on behalf of the Debtor necessary applications,
motions, answers, orders, reports and other legal papers;
d. appearing in Court and protecting the interests of the
Debtor before the Court; and
e. performing all other legal services for the Debtor which
may be necessary and proper in these proceed
The firm will be paid at these rates:
Howard Marc Spector $435 per hour
Other member $395 per hour
Paralegals $150 per hour
The firm tendered a retainer in the amount of $50,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Howard Marc Spector, Esq., a partner at Spector & Cox, PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Howard Marc Spector
Spector & Cox, PLLC
Banner Place
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (214) 365-5377
Fax: (214) 237-3380
Email: hspector@spectorcox.com
About Nortex Redimix, LLC
Nortex Redimix, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Texas Case No. 25-41505) on May 28,
2025, listing up to $50,000 in both assets and liabilities.
Judge Brenda T. Rhoades oversees the case.
The Debtor is represented by:
Howard Marc Spector, Esq.
Spector & Cox, PLLC
Tel: (214) 365-5377
Email: hspector@spectorcox.com
NORTHLAKE CORNERS: Hires Gary G. Lyon as Bankruptcy Counsel
-----------------------------------------------------------
Northlake Corners LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Texas to hire Gary G. Lyon, an attorney
practicing in McKinney, Texas, as general bankruptcy counsel.
Mr. Lyon will render these services:
(a) furnish legal advice to the Debtor with regard to its
powers, duties and responsibilities as a debtor-in-possession and
the continued management of its affairs and assets under chapter
11;
(b) prepare, for and on behalf of the Debtor, all necessary
applications, motions, answers, orders, reports and other legal
papers;
(c) prepare a disclosure statement and plan of reorganization
and other services incident thereto;
(d) investigate and prosecute preference and fraudulent
transfers actions arising under the avoidance powers of the
Bankruptcy Code; and
(e) perform all other legal services for the Debtor which may be
necessary.
Gary G. Lyon will be paid at these hourly rates:
Attorneys $500
Paralegals $75
The Debtor paid him a retainer in the amount of $6,738.
He will also be reimbursed for reasonable out-of-pocket expenses
incurred.
Gary G. Lyon, Esq. assured the Court that he 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.
Gary G. Lyon can be reached at:
Gary G. Lyon, Esq.
6401 W. Eldorado Parkway, Ste 234
McKinney, TX 75070
Tel: (214) 620-2034
Fax: (469) 521-7219
E-mail: glyon.attorney@gmail.com
About Northlake Corners LLC
Northlake Corners LLC, doing business as NLC Truck Parking, offers
daily, weekly, and monthly parking solutions for commercial trucks.
The facility provides secure and well-lit parking spaces with 24/7
surveillance and backup-powered lighting, catering to both
short-and long-term needs.
Northlake Corners LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-41894) on June 30,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
The Debtors are represented by Gary G Lyon, Esq. at BAILEY JOHNSON
& LYON, PLLC.
OI S.A.: Asks US Court to End Recognition of Chapter 15 Case
------------------------------------------------------------
Jose Orozco of Bloomberg News reports that Oi, which remains under
judicial recovery in Brazil, has requested the termination of its
Chapter 15 case in the U.S. court system following the
implementation of several restructuring measures, the company said
in a filing.
The request, submitted to the U.S. Bankruptcy Court for the
Southern District of New York, seeks to end the recognition of Oi's
Chapter 15 case as its primary foreign judicial recovery
proceeding, as well as to formally close the Chapter 15 process,
Bloomberg News reports.
According to the company, the move follows a "strategic evaluation"
of the relevance of Chapter 15 in light of its current recovery
stage and recent restructuring developments.
About Oi SA
Headquartered in Rio de Janeiro, and operating almost exclusively
within Brazil, the Oi Group provides services like fixed-line data
transmission and network usage for phones, internet, and cable,
Wi-Fi hot-spots in public areas, and mobile phone and data
services, and employs approximately 142,000 direct and indirect
employees.
On June 20, 2016, pursuant to Brazilian Law No. 11.101/05 (the
'Brazilian Bankruptcy Law'), Oi S.A. and certain of its
subsidiaries filed for recuperao judicial (judicial reorganization)
in Brazil.
On June 21, 2016, OI SA and its affiliates Telemar Norte Leste S.A.
and Oi Brasil Holdings Cooperatief U.A. commenced Chapter 15
proceedings (Bankr. S.D.N.Y. Lead Case No. 16-11791). Ojas N. Shah,
as foreign representative, signed the petitions.
Coop and PTIF are also subject to proceedings in the Netherlands.
The Chapter 15 cases are assigned to Judge Sean H. Lane.
In the Chapter 15 cases, the Debtors are represented by John K.
Cunningham, Esq., and Mark P. Franke, Esq., at White & Case LLP, in
New York; and Jason N. Zakia, Esq., Richard S. Kebrdle, Esq., and
Laura L. Femino, Esq., at White & Case LLP, in Miami, Florida.
On July 22, 2016, the New York Court recognized the Brazilian
Proceedings as foreign main proceedings with respect to the Chapter
15 Debtors, and granted certain additional related relief.
The company exited bankruptcy protection in December 2022.
OVERTON LLC: Hires Law Offices of Chad Hayward as Counsel
---------------------------------------------------------
Overton, LLC seeks approval from the U.S. Bankruptcy Court for the
Northern District of Illinois to employ Law Offices of Chad Hayward
as counsel.
The firm will represent and assist the Debtor in carrying out its
duties and responsibilities under the provisions of chapter 11 of
the Bankruptcy Code and advise and represent the estate and its
interests generally throughout the administration of the bankruptcy
case.
The Debtor paid the firm a flat fee in the amount of $7,500, plus
filing fees.
Mr. Hayward 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:
Chad Hayward, Esq.
Law Offices of Chad Hayward
35 S. Washington St., Suite 304
Naperville, IL 60540
E-mail: chayward@haywardlawoffices.com
About Overton, LLC
Overton LLC is a single-asset real estate entity under 11 U.S.C.
Section 101(51B), with its principal assets situated at 3619 South
State Street, Chicago, Illinois 60609.
Overton LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 25-08509) on June 3, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Janet S. Baer handles the case.
The Debtors are represented by Chad Hayward, Esq. at LAW OFFICES OF
CHAD HAYWARD.
PEGASUS BUILDERS: Hires Padula Bennardo as Special Counsel
----------------------------------------------------------
Pegasus Builders, Inc. and its affiliate seek approval from the
U.S. Bankruptcy Court for the Southern District of Florida to
employ Padula Bennardo Levine, LLP, as special litigation counsel.
The Debtor needs the firm's legal assistance in connection with a
case captioned as Pegasus Builders, Inc., et al. v. Christopher
Welling, et al., (Case No. 2019 CA 002587 XXXX MB) which is
consolidated with Case No. 50 2019 CA 003598 XXXX MB, both pending
in the Circuit Court of the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida.
The firm will be paid at these rates:
Attorneys $400 to $500 per hour
Paralegals $150 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The firm is owed a total of $88,112.14 for prepetition legal fees,
and is holding a retainer in the amount of $25,000.
Mr. Padula 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:
Stephen J. Padula, Esq.
Padula Bennardo Levine, LLP
3837 NW Boca Raton., Suite 200
Boca Raton, FL 33431
Tel: (561) 544-8999
E-mail: sjp@pbl-law.com
About Pegasus Builders, Inc.
Pegasus Builders Inc. is a licensed general contractor specializing
in luxury custom homes and equestrian estates across Wellington and
South Florida. The Company holds licenses in general contracting,
engineering, and roofing, backed by over 25 years of experience in
the Florida market. It serves both residential and commercial
clients and actively participates in philanthropic initiatives
supporting various local and national organizations.
Pegasus Builders Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-16181)
on May 30, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Mindy A. Mora handles the case.
The Debtors are represented by Aaron Wernick, Esq. at WERNICK LAW
PLLC.
PHP HOLDINGS: Case Summary & 30 Largest Unsecured Creditors
-----------------------------------------------------------
Lead Debtor: PHP Holdings, LLC
f/k/a PHP Holdings, Inc.
3824 Hughes Ave.
Culver City, CA 90232
Business Description: The Debtors and their non-Debtor affiliates
provide regional healthcare services across
California, Connecticut, Pennsylvania, and
Rhode Island. Their operations are divided
into hospital services -- operating 16 acute
care and behavioral hospitals offering
inpatient and outpatient care -- and, prior
to the Astrana sale, physician-related
services through owned and managed medical
groups, independent physician associations,
managed services organizations, and risk-
bearing entities.
Chapter 11 Petition Date: July 7, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Twenty-five affiliates that concurrently filed voluntary petitions
for relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
PHP Holdings, LLC 25-80157
Prospect Intermediate Holdings, LLC 25-80158
Prospect Provider Group TX, Inc. 25-80159
Prospect Health Services TX, Inc 25-80160
ProMed Health Care Administrators 25-80161
Prospect Medical Systems, LLC 25-80162
Prospect Health Services AZ, LLC 25-80163
Prospect West Coast ACO Holdings, LLC 25-80164
RightRX 25-80165
Prospect Medical Group AZ, LLC 25-80166
Prospect ACO, LLC 25-80167
Prospect CA Holdings (Physicians), Inc 25-80168
Prospect Intermediate Physician Holdings, Inc. 25-80169
Prospect Medical Group, Inc. 25-80170
New Genesis Medical Associates, Inc. 25-80171
Primary and Multi-Specialty Clinics of Anaheim, Inc 25-80172
Care@Home Solutions CA, Inc 25-80173
Upland Medical Group, a Professional Medical Corp 25-80174
Pomona Valley Medical Group, Inc. 25-80175
Prospect NWOC Medical Group, Inc. 25-80176
Prospect Professional Care Medical Group, Inc. 25-80177
StarCare Medical Group, Inc. 25-80178
Nuestra Familia Medical Group, Inc. 25-80179
Genesis HealthCare of Southern California, Inc. 25-80180
Prospect Health Source Medical Group, Inc. 25-80181
Judge: Hon. Stacey G Jernigan
Debtors'
Bankruptcy
Counsel: Thomas R. Califano, Esq.
Rakhee V. Patel, Esq.
Maegan Quejada, Esq.
SIDLEY AUSTIN LLC
2021 McKinney Avenue, Suite 2000
Dallas, TX 75201
Tel: (214) 981-3300
Fax: (214) 981-3400
E-mail: tom.califano@sidley.com
rpatel@sidley.com
mquejada@sidley.com
- and -
William E. Curtin, Esq.
Patrick Venter, Esq.
Anne G. Wallice, Esq.
SIDLEY AUSTIN LLP
787 Seventh Avenue
New York, New York 10019
Tel: (212) 839-5300
Fax: (212) 839-5599
E-mail: wcurtin@sidley.com
pventer@sidley.com
anne.wallice@sidley.com
Debtors'
Financial
Advisor: ALVAREZ & MARSAL NORTH AMERICA, LLC
Debtors'
Investment
Banker: HOULIHAN LOKEY, INC.
Debtors'
Claims,
Noticing &
Solicitation
Agent: OMNI AGENT SOLUTIONS, INC.
PHP Holdings, LLC's
Estimated Assets: $10 million to $50 million
PHP Holdings, LLC's
Estimated Liabilities: $500 million to $1 billion
The petitions were signed by Paul Rundell as chief restructuring
officer.
A full-text copy of PHP Holdings, LLC's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/P4LJN5Y/PHP_Holdings_LLC__txnbke-25-80157__0002.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Gateway Medical Group of Trade Payable $259,604
San Diego, Inc.
610 Euclid Avenue
Suite 302
National City, CA 91950
Title: Office Manager
Email: office@gatewaymedicalgroupsd.com
Phone: (619) 527-7700
2. Medpoint Management Inc. Trade Payable $244,484
15301 Ventura Blvd.
Building D, Suite 200
Sherman Oaks, CA 91403
Attn: Manish Dugar
Title: Chief Financial Officer
Email: mdugar@medpointmanagement.com
3. Riverside University Health System Trade Payable $242,076
4095 County Circle Drive
Riverside, CA 92503
Attn: Frederick Drewette
Title: Chief Financial Officer
Email: fdrewette@ruhealth.org
Phone: (951) 486-4000
4. Helton Law Group APC Trade Payable $240,000
1590 Corporate Drive
Costa Mesa, CA 92626
Attn: Carrie McLain
Title: Chief Executive Officer
Email: cmclain@heltonlawgroup.com
5. Transtreme LLC Trade Payable $218,249
2570 Lynn Road
Chappell Hill, TX 77426
Attn: Rick Michel
Title: Chief Executive Officer
Email: rick.michel@transtreme.com
6. Dao Medical Group Inc. Trade Payable $208,426
9191 Westminster Ave.
Garden Grove, CA 92844
Title: Office Manager
Email: Info@daomedicalgroup.com
Phone: (714) 899-2000
7. Healthedge Software Inc. Trade Payable $150,655
30 Corporate Drive
Suite 150
Burlington, MA 01803
Attn: Matt McLaughlin
Title: Chief Financial Officer
Email: mmclaughlin@healthedge.com
Phone: (855) 437-4067
8. Canon U.S.A. Inc. Trade Payable $146,986
One Canon Park
Melville, NY 11747
Attn: Peter Kowalczuk
Title: Executive Vice President
Email: pkowalczuk@cusa.canon.com
9. Name on File Trade Payable $138,178
Address on File
Contact Information on File
10. Herald Christian Health Center Trade Payable $117,449
3401 Aerojet Avenue
El Monte, CA 91731
Title: Practice Administrator
Email: contact@heraldchristianhc.org
Phone: (626) 286-8700
11. The Oncology Institute CA Trade Payable $104,153
18000 Studebaker Road
Suite 800
Cerritos, CA 90703
Attn: Rob Carter
Title: Chief Financial Officer
Email: rob.carter@theoncologyinstitute.com
12. Aetna Better Health of California Trade Payable $99,198
10260 Meanley Drive
San Diego, CA 92131
Title: Provider Services
Email: ProviderServices_CA@aetna.com
Phone: (855) 772-9076
13. Chaparral Medical Group Inc. Trade Payable $94,513
840 Towne Center Drive
Pomona, CA 91767
Title: Practice Administrator
Email: info@chaparralmedicalgroup.com
Phone: (714) 221-6301
14. Imagenet LLC Trade Payable $94,212
10014 N. Dale Mabry Hwy.
Suite 110
Tampa, FL 33618
Attn: Matt Crockett
Title: Chief Financial Officer
Email: matt.crockett@imagenetllc.com
15. Rai Care Centers of Santa Ana LLC Trade Payable $93,363
2740 S Bristol Street
Suite 110
Santa Ana, CA 92704
Title: Clinic Manager
Email: contact@raicarecenters.com
16. Pka Medical Corporation Trade Payable $92,986
1610 W Edinger Ave.
Suite B
Santa Ana, CA 92704
Title: Office Manager
Email: info@pkamedical.com
17. ADP Trade Payable $92,532
1 ADP Blvd
Roseland, NJ 07068
Attn: Peter Hadley
Title: Chief Financial Officer
Email: pHadley@adp.com
18. Joseph L. Lin M.D. Inc. Trade Payable $87,363
160 E. Artesia Street
Suite 140
Pomona, CA, 91767
Title: Office Manager
Email: info@drjosephlinmd.com
19. Office Ally Inc Trade Payable $83,399
1300 SE Cardinal Court
Suite 190
Vancouver, WA 98683
Attn: James Oliff
Title: Chief Financial Officer
Email: joliff@officeally.com
20. Magnolia Medical Imaging Center Trade Payable $81,436
14571 Magnolia Street
Westminster, CA, 92683
Title: Office Manager
Email: contact@magnoliamedicalimaging.com
Phone: (714) 893-1915
21. Caremark Trade Payable Undetermined
100 Great Meadow Road
Wethersfield, CT, 06106
and
One CVS Drive
Woonscocket, RI, 02895
Attn: Samantha Swerdlin
Title: Director
Email: samantha.swerdlin@caremax.com
22. Neuehealth Advantage ACO, LLC Litigation Undetermined
c/o: Finlayson Toffer
Roosevelt & Lilly LLP
15615 Alton Parkway
Suite 270
Irvine, CA 92618
Attn: T. Kevin Roosevelt And Kalya Y. Wales
Title: Counsel
Email: kroosevelt@ftrlfirm.com
Phone: (949) 759-3810
23. Healthcare Justice Litigation Undetermined
Coalition De Corp
c/o: Law Offices of Gary L. Tysch
16133 Ventura Boulevard
Suite 580
Encino, CA 91436
Attn: Gary L. Tysch
Email: gary.tysch@healthcarejusticecoalition.org
Phone: (818) 995-9555
24. Name on File Litigation Undetermined
c/o: The Law Offices of Mary A. Dannelley
160 Newport Center Drive
Suite 120
Newport Beach, CA 92660
Attn: Mary A. Dannelley
Title: Founder
Email: mary@dannellylaw.com
Phone: (949) 252-1600
25. Name on File Litigation Undetermined
c/o: Smith Clinesmith, LLP
633 West Fifth Street
Los Angeles, CA 90017
Attn: Dawn Smith
Title: Managing Partner
Email: dawn@fightingelderabuse.com
Phone: (214) 953-1900
26. Name on File Litigation Undetermined
c/o: Law Offices of Kirk Edward Schenck, PC
11811 San Vincente Boulevard
Third Floor
Los Angeles, CA 90049
Attn: Kirk Edward Schenck
Title: Founder
Email: kirkschenck@schenckpc.com
Phone: (310) 600-3800
27. Name on File Litigation Undetermined
c/o: Law Offices of Scott Glovsky, APC
343 Hardvard Avenue
Claremont, CA 91711
Attn: Scott C. Glovsky
Title: Founder
Email: sglovsky@scottglovskylaw.com
Phone: (626) 323-8351
28. Prime Healthcare Services Litigation Undetermined
c/o: King Spalding LLP
633 West Fifth Street
Suite 1600
Los Angeles, CA 90071
Attn: Daron L. Tooch & Kathryn T. Han
Title: Partner
Email: dtooch@kslaw.com
Phone: (213) 443-4355
29. Keck Medical Center of USC Litigation Undetermined
3551 Trousdale Parkway
ADM 352
Los Angeles, CA 90089
Attn: Marty Sargeant
Title: Chief Executive Officer
Email: marty.sargeant@med.usc.edu
30. Name on File Litigation Undetermined
c/o: The Law Offices of Jonathan A. Stieglitz
11845 W. Olympic Blvd
Suite 800
Los Angeles, CA 90064
Attn: Jonathan A. Stieglitz
Title: Founder
Email: jonathan.a.stieglitz@gmail.com
Phone: (323) 979-2063
The Debtors seek joint administration of their Chapter 11 cases
with Prospect Medical Holdings, Inc. and its affiliates' jointly
administered cases filed with the U.S. Bankruptcy Court for the
Northern District of Texas on Jan. 11, 2025 (Case No. 25-80002
(SGJ)).
PLATINUM HEIGHTS: Seeks to Extend Plan Exclusivity to August 19
---------------------------------------------------------------
Platinum Heights, LP asked the U.S. Bankruptcy Court for the
Southern District of Texas to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
August 19 and October 20, 2025, respectively.
The Debtor explains that the size and complexity of the Chapter 11
Case warrants extension of the Exclusive Periods. The Chapter 11
Case required the Debtor's principal to extend two unsecured loans
postpetition to the Debtor as a result of ongoing issues and
negotiations with the Debtor's tenants. The requested extension
will enable the Debtor to secure consensus for a chapter 11 plan
that will maximize the value of the Debtor's estate for the benefit
of all stakeholders, without the risk of competing plans and the
attendant disruption, expense, and delay.
The Debtor claims that it continues to work toward proposing a plan
that will be accepted by its major stakeholders. The Debtor,
therefore, requires additional time to propose a plan (whether
consensual or not) and solicit its acceptance. The Debtor's
progress in working with key stakeholders in the Chapter 11 Case
supports the extension of the Exclusive Periods.
The Debtor asserts that extending the Exclusive Periods benefits
all parties in interest by preventing a drain on time and
resources, which inevitably occurs when multiple parties with
potentially divergent interests compete for the consideration of
their own respective plans. This Motion is not filed for purposes
of delay but to afford the Debtor an opportunity to further develop
a plan favorable with major stakeholders. The extension requested
is reasonable and realistic in view of the circumstances of this
case.
The Debtor further asserts that it seeks to maintain exclusivity so
parties with competing interests do not impede the Debtor's efforts
to obtain stakeholder support for a value-maximizing plan.
Extending exclusivity benefits all parties in interest by
preventing the drain on time and the resources of the Debtor's
estate that will occur when multiple parties, with potentially
diverging interests, pursue the consideration of their own
respective plans.
Platinum Heights, LP is represented by:
REED SMITH LLP
Omar J. Alaniz, Esq.
2850 n. Harwood Street, Suite 1500
Dallas, Texas 75201
Telephone: (469) 680-4200
Facsimile: (469) 680-4299
E-mail: oalaniz@reedsmith.com
About Platinum Heights LP
Platinum Heights, LP filed a Chapter 11 petition (Bankr. S.D. Texas
Case No. 25-90012) on Feb. 20, 2025, listing between $50 million
and $100 million in both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
Omar Jesus Alaniz, Esq., at Reed Smith, LLP is the Debtor's legal
counsel.
B1 Bank, as secured lender, is represented by Michael P. Menton,
Esq. and Danika L. Lopez, Esq. at SettlePou.
POWELL 1023: Seeks Chapter 11 Bankruptcy in New York
----------------------------------------------------
Powell 1023 Corp., a Brooklyn-based company formed to sell and
finance residential real estate for consumer Achan Chowdhury, has
filed for Chapter 11 bankruptcy protection in the Eastern District
of New York on July 6, 2025.
The company listed both its assets and liabilities in the $500,001
to $1 million range and reported having fewer than 50 creditors.
The filing states that funds are expected to be available for
distribution to unsecured creditors after administrative costs,
rkc.llc reports.
About Powell 1023 Corp.
Powell 1023 Corp. is a corporation established to sell and finance
residential real property to consumer Achan Chowdhury.
Powell 1023 Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43219) on July 6,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $500,000 and $1 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Karamvir Dahiya, Esq. at Dahiya Law
Offices LLC.
PRIORITY TECHNOLOGY: S&P Alters Outlook to Pos., Affirms 'B' ICR
----------------------------------------------------------------
S&P Global Ratings affirmed its 'B' issuer credit rating on
U.S.-based payment technology company Priority Technology Holdings
Inc.
Concurrently, S&P assigned its 'B' issue-level rating on its
proposed first-lien debt facilities. The '3' recovery rating
reflects our expectation of meaningful (50%-70%; rounded estimate:
55%) recovery in the event of default.
Priority revenue, profitability, and free operating cash flow
(FOCF) improvement, allowing it to reduce leverage to 5.3x for the
trailing 12 months ended March 2025.
The company is proposing to issue a new revolving credit facility
and term loan B. It plans to use proceeds to repay debt, settle
contingent considerations from a previous acquisition, and for a
new acquisition.
S&P's positive outlook reflects the potential of a higher rating if
Priority sustains good performance, leading to leverage below 5x.
Priority's higher revenue and earnings have continued to strengthen
its credit metrics, which could support an upgrade. Priority has
maintained solid growth in its small and midsize business focused
merchant acquiring segment, as well as more rapid expansion of its
higher-margin business-to-business and enterprise segments.
Overall, revenue increased 9.2% year over year for the three-month
period ended March 31, 2025. Priority has benefitted from operating
leverage improvement, higher interest income, and lower cost to
service its unified commerce platform. S&P Global Ratings-adjusted
EBITDA margins reached 19.9% for the trailing-12-months period
ended March 31, improving 90 basis points (bps) from the same
period last year.
With revenue and margin improvements increasing EBITDA, S&P Global
Ratings-adjusted debt to EBITDA for the trailing 12 months ended
March 31 was 5.3x, down from 6.2x in the same period last year. S&P
said, "For the full year 2025, we project about 10% revenue growth
and margin expansion of approximately 110 bps, which should reduce
leverage to about 4.9x by year-end. If Priority demonstrates good
performance and deleveraging at least in line with our forecast, we
could raise our rating."
S&P said, "Priority's in-market transaction is leverage neutral,
and we think its financial policy will likely support deleveraging.
We expect it will use a portion of the transaction proceeds to pay
off contingent considerations--which we treat as debt. Priority
will also acquire a partner independent sales organization that we
believe will be accretive to EBITDA. Consequently, we consider the
transaction roughly leverage neutral.
"While cash flow and leverage have continued to benefit from strong
performance, our base case assumes Priority adheres to its
long-term target. We also believe large leveraging acquisitions
will be less likely, with targets likely either smaller tuck-in
additions or niche technologies that Priority could quickly scale.
These could be funded through internally generated cash. We also
expect continued restraint regarding dividends and share
repurchases.
"We think cash flow will benefit from a lower interest rate
environment and improving spreads on new debt. This should lead to
total interest expense of about $85 million for 2025, down about
$15 million from last year, despite a modest increase (about $65
million) in debt. As the company continues to expand EBITDA while
capital expenditure (capex) remains moderate at $20 million-25
million, we expect FOCF of about $100 million (up from $56 million
in 2024), leading to FOCF to debt of 10% (versus 6.1%)."
The positive outlook reflects the potential of a higher rating if
Priority sustains good performance, leading to leverage below 5x.
S&P could revise its outlook to stable if:
-- Priority demonstrates a more aggressive financial policy than
S&P anticipates; or
-- Operating underperformance amid an economic slowdown raises
leverage to or above 5x.
S&P could raise its rating on Priority if:
-- Leverage continues to decline; and
-- Its financial policy will support leverage sustained below 5x.
R3CYCLE INDUSTRIES: Hires Essex Richards as Bankruptcy Counsel
--------------------------------------------------------------
R3CYCLE Industries, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of North Carolina to hire Essex
Richards, PA as bankruptcy counsel.
The firm will render these services:
(a) provide legal advice concerning the Debtor's
responsibilities and the continued management of its business;
(b) negotiate, prepare, and pursue confirmation of a Chapter
11 plan and approval of disclosure statement, and all related
reorganization agreements and/or documents;
(c) prepare all necessary motions, applications, reports,
orders, objections and the like associated with prosecuting the
Chapter 11 case;
(d) prepare and appear in Bankruptcy Court to protect the
interest of the Debtor;
(e) perform all other legal services for the Debtor which may
become necessary in this Chapter 11 case; and
(f) prosecute and defend the Debtor in all adversary
proceedings related to the base case.
The firm will be paid at these hourly rates:
John Woodman, Attorney $400
Paralegal $175
Staff $65
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $15,000 from Debtor.
Mr. Woodman 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 Woodman, Esq.
Essex Richards, PA
1701 South Blvd.
Charlotte, NC 28203
Telephone: (704) 377-4300
About R3CYCLE Industries, LLC
R3CYCLE Industries, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.C. Case No.
25-30685) on July 1, 2025, listing $100,001 to $500,000 in assets
and $1,000,001 to $10 million in liabilities.
Judge Ashley Austin Edwards presides over the case.
John C. Woodman, Esq, at Essex Richards represents the Debtor as
counsel.
R3CYCLE INDUSTRIES: Seeks Subchapter V Bankruptcy in North Carolina
-------------------------------------------------------------------
On July 1, 2025, R3CYCLE Industries LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District of
North Carolina. According to court filing, the Debtor reports
between $1 million and $10 million in debt owed to 50 and 99
creditors. The petition states funds will be available to unsecured
creditors.
About R3CYCLE Industries LLC
R3CYCLE Industries LLC reprocesses post-industrial and
post-consumer polyethylene terephthalate (PET) containers into PET
flakes used in the production of new beverage bottles, fibers, and
food packaging. Based in Waxhaw, North Carolina, the Company
supports closed-loop recycling systems and promotes the use of
recycled PET content across industries. It combines technology and
sustainability efforts to reduce plastic waste and contribute to
the circular economy.
R3CYCLE Industries LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-30685)
on July 1, 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 Ashley Austin Edwards handles the
case.
The Debtors are represented by John C. Woodman, Esq. at ESSEX
RICHARDS PA.
RE WEALTH: Seeks to Hire Mark S. Roher P.A. as Counsel
------------------------------------------------------
RE Wealth Advisors, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ the law firm
of Mark S. Roher, P.A. as counsel.
The attorney will render these professional services:
(a) give advice to the Debtor with respect to its powers and
duties as Debtor in possession and the continued management of its
finances;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
(c) prepare motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interest of the Debtor in all matters pending
before the Court; and
(e) represent the Debtor in negotiation with his creditors in
the preparation of a plan.
Mark Roher, Esq., the primary attorney in this representation, will
be billed at his hourly rate of $400.
The firm received received retainers of $5,000 from Loren Gill and
$5,000 from Simon Gill.
Mr. Roher disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Mark S. Roher, Esq.
Law Office of Mark S. Roher, P.A.
1806 N. Flamingo Road, Suite 300
Pembroke, FL 33028
Telephone: (954) 353-2200
Facsimile: (877) 654-0090
Email: mroher@markroherlaw.com
About RE Wealth Advisors, LLC
Wealth Advisors is a Single Asset Real Estate debtor (as defined in
11 U.S.C. Section 101(51B)).
RE Wealth Advisors, LLC in Fort Lauderdale, FL, sought relief under
Chapter 11 of the Bankruptcy Code filed its voluntary petition for
Chapter 11 protection (Bankr. S.D. Fla. Case No. 24-22910) on Dec.
11, 2024, listing as much as $1 million to $10 million in both
assets and liabilities. Patrick Dean as manager, signed the
petition.
Judge Scott M. Grossman oversees the case.
SHAIBGERG PAGE PA serve as the Debtor's legal counsel.
RE4 GEORGIA: Hires Rountree Leitman Klein & Geer as Attorney
------------------------------------------------------------
RE4 Georgia LLC seeks approval from the U.S. Bankruptcy Court for
the Northern District of Georgia to hire Rountree, Leitman, Klein &
Geer, LLC as its attorneys.
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 the Debtor as
Debtor-in-Possession that may be necessary.
The firm will be paid at these rates:
Attorneys
William A. Rountree $595 per hour
Will B. Geer $595 per hour
Michael Bargar $535 per hour
Hal Leitman $425 per hour
William Matthews $425 per hour
David S. Klein $495 per hour
Elizabeth Childers $395 per hour
Ceci Christy $425 per hour
Caitlyn Powers $375 per hour
Shawn Eisenberg $300 per hour
Paralegals
Elizabeth Miller $295 per hour
Dorothy Sideris $200 per hour
Megan Winokur $175 per hour
Catherine Smith $150 per hour
Law Clerk $175 per hour
The firm received a retainer in the amount of $35,0000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Rountree disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
William A. Rountree, Esq.
Century I Plaza
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Tel: (404) 584-1238
Email: wrountree@rlkglaw.com
About RE4 Georgia LLC
RE4 Georgia LLC leases residential, commercial, and self-storage
properties, operating primarily as a property lessor in the real
estate sector.
RE4 Georgia LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Case No. 25-56171) on June 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
The Debtors are represented by William Rountree, Esq. at ROUNTREE,
LEITMAN, KLEIN & GEER, LLC.
RHODIUM ENCORE: Unsecureds Will Get 100% of Claims in Plan
----------------------------------------------------------
Rhodium Encore LLC and affiliates filed with the U.S. Bankruptcy
Court for the Southern District of Texas an Amended Disclosure
Statement for the Amended Joint Plan of Liquidation dated June 18,
2025.
The Debtors were industrial scale digital asset technology
companies utilizing proprietary technologies to mine Bitcoin. The
Company achieved sustainability and cost-effectiveness through the
use of a fully integrated infrastructure platform, access to low
cost power, and directly owning and operating a majority of the
components of its customized mining site.
The Company owned some of the largest liquid-cooling mining sites
in the world, with approximately 227.5 MW of deployed capacity with
mostly liquid-cooled miners across two operational data centers in
Texas (the "Data Centers"). The Company's principal operations were
conducted at a facility in Rockdale, Texas owned by Whinstone with
significant infrastructure investment from the Debtors (the
"Rockdale Site").
The Amended Plan is funded in large part by a settlement agreement
with the landlord at the Rockdale Site, Whinstone, which concluded
time consuming and expensive litigation (the "Whinstone
Settlement"). The Whinstone Settlement was approved by the
Bankruptcy Court, after a hearing, on April 10, 2025, and the
Transaction was consummated on April 28, 2025.
In addition, as part of their restructuring efforts, on December
18, 2024, the Debtors closed the sale (the "Temple Sale") of the
Temple Site to Temple Green Data, LLC ("Temple Green"). The Temple
Sale is the result of an arm's length auction, that was approved by
the Bankruptcy Court, after a hearing on November 26, 2024. See
Order (I) Authorizing the Sale of the Debtors' Temple Lease; and
(II) Granting Related Relief (the "Sale Order"). A portion of the
proceeds from the Temple Sale were used to pay off all amounts
outstanding under the DIP Facility, which was subsequently
terminated. The remainder of the proceeds were partially used to
fund the continued operations of the Debtors, with any remainder
being used to fund distributions under the Amended Plan.
The Amended Plan is the product of extensive negotiations among the
Special Committee of Rhodium Enterprises, Inc.'s Board of Directors
(the "Special Committee") and its advisors (Barnes & Thornburg
LLP), working together with the Debtors' restructuring advisors
(Province, LLC) and a number of the Debtors' key stakeholders,
including the Transcend Parties (as Holders of various Claims
against and Interests in the Debtors), Holders of a significant
portion of the Rhodium Enterprises Class A Interests, Imperium, and
the Founders (collectively, the "Consenting Stakeholders"),
together with each of those parties' respective advisors.
The Amended Plan provides for payment in full to all Holders of
Allowed Secured Claims, Priority Non-Tax Claims, Guaranteed
Unsecured Claims, General Unsecured Claims, Intercompany Claims,
and Late Filed Claims, in each case with the exception of any such
Claims as to which the Holders have agreed to accept other or
lesser treatment. Many of such Claims have already been paid in
accordance with the Payment Orders previously entered by the
Bankruptcy Court. Where such Claims have already been paid, no
further payment will be made under the Amended Plan.
The Amended Plan additionally provides for an allocation of value
among the Holders of Transcend Parties Claims, SAFE Claims, LTIP
Claims, Rhodium Technologies Interests, and Rhodium Enterprises
Class A Interests. In the case of SAFE Claims and Rhodium
Enterprises Class A Interests, the amounts to be received by the
Holders thereof depends in part on whether the Holders of SAFE
Claims vote as a Class to accept the Plan.
Class 5b consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim agrees to a
less favorable treatment of such Claim, each such Holder shall
receive, in full and final satisfaction, settlement, release, and
discharge of such Claim, on the later of (as applicable) (i) the
Effective Date or as soon as reasonably practicable thereafter and
(ii) on or before the first Business Day after the date that is
thirty calendar days after the date such General Unsecured Claim
becomes an Allowed General Unsecured Claim, payment in Cash in an
amount equal to such Allowed General Unsecured Claim. The allowed
unsecured claims total $6,714,404.44. This Class will receive a
distribution of 100% of their allowed claims.
Provided that to the extent that a Holder of an Allowed General
Unsecured Claim against a Debtor holds any joint and several
liability claims, guaranty claims, or other similar claims against
any other Debtors arising from or relating to the same obligations
or liability as such General Unsecured Claim, such Holder shall
only be entitled to a distribution on one General Unsecured Claim
against the Debtors in full and final satisfaction of all such
Claims; provided, further, that the aggregate amount of all Allowed
General Unsecured Claims shall be reduced by the amount of Cash
received by Holders of such Claims in accordance with the Payment
Orders.
The Amended Plan will be funded by the Debtors' existing Cash,
proceeds from the Temple Sale, the Whinstone Settlement, the
proceeds from the liquidation of the Debtors' Remaining Assets, the
proceeds from the D&O Insurance Settlement (if approved and
funded), and the proceeds of any Causes of Action assigned to the
Rhodium Litigation Trust, if established.
A full-text copy of the Amended Disclosure Statement dated June 18,
2025 is available at https://urlcurt.com/u?l=YZeSyM from
PacerMonitor.com at no charge.
Counsel to the Debtors:
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Patricia B. Tomasco, Esq.
Joanna D. Caytas, Esq.
Cameron Kelly, Esq.
Alain Jaquet, Esq.
700 Louisiana Street, Suite 3900
Houston, Texas 77002
Telephone: 713-221-7000
Facsimile: 713-221-7100
Email: pattytomasco@quinnemanuel.com
Email: joannacaytas@quinnemanuel.com
Email: cameronkelly@quinnemanuel.com
Email: alainjaquet@quinnemanuel.com
- and-
Eric Winston, Esq.
Razmig Izakelian, Esq.
865 S. Figueroa Street, 10th Floor
Los Angeles, California 90017
Telephone: 213-443-3000
Facsimile: 213-443-3100
Email: ericwinston@quinnemanuel.com
Email: razmigizakelian@quinnemanuel.com
About Rhodium Encore
Rhodium Encore LLC is a founder-led, Texas based, digital asset
technology company utilizing proprietary tech to self-mine bitcoin.
The Company creates innovative technologies with the goal of being
the most sustainable and cost-efficient producer of bitcoin in the
industry.
Rhodium Encore sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 24-90448) on Aug.
24, 2024. In the petition filed by Michael Robinson, as co-CRO, the
Debtor reports lead debtor's estimated assets between $100 million
and $500 million and estimated liabilities between $50 million and
$100 million.
The Honorable Bankruptcy Judge Alfredo R. Perez oversees the case.
The Debtor tapped QUINN EMANUEL URQUHART & SULLIVAN, LLP, as
counsel, and PROVINCE as restructuring advisor.
RICHFIELD NURSING: Hires Cunningham Chernicoff as Counsel
---------------------------------------------------------
Richfield Nursing and Rehabilitation LLC and its affiliates seek
approval from the U.S. Bankruptcy Court for the Middle District of
Pennsylvania to employ Cunningham, Chernicoff & Warshawsky, PC as
counsel.
The firm will provide these services:
(a) give the Debtor legal advice regarding its powers and
duties in the continued operation of its business and management of
its property;
(b) prepare and file on behalf of the Debtor the original
Petition and Schedules, and all necessary legal papers; and
(c) perform all other legal services for the Debtor which may
be necessary.
The firm will be paid at these rates:
Robert Chernicoff, Lead Counsel $450 per hour
Partners $400 to $450 per hour
Associate Attorneys $225 to $350 per hour
Paralegals $100 to $175 per hour
Debtor paid the firm $33,462, plus the Chapter 11 filing fees of
$8,690.
Mr. Chernicoff 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:
Robert E. Chernicoff, Esq.
Cunningham, Chernicoff & Warshawsky, PC
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Tel: (717) 238-6570
About Richfield Nursing and Rehabilitation LLC
Richfield Nursing and Rehabilitation, LLC and affiliates are
operators of skilled nursing and rehabilitation centers across
Pennsylvania. Each location provides a range of services, including
short-term rehabilitation, long-term care, and therapy.
Richfield Nursing and Rehabilitation sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. M.D. Pa. Lead Case No.
25-01599) on June 4, 2025. In its petition, Richfield Nursing and
Rehabilitation reported between $1 million and $10 million in
assets and liabilities.
Judge Henry W. Van Eck handles the cases.
The Debtors are represented by Robert E. Chernicoff, Esq., at
Cunningham, Chernicoff & Warshawsky, P.C.
RITE AID: To Close Ashland Location
-----------------------------------
Skook News reports that Rite Aid announced Thursday, July 3, 2025,
the closure of its Ashland store, marking the sixth and final
location in Schuylkill County to be shut down as part of the
company's Chapter 11 bankruptcy restructuring. The store, located
at 129 East Centre Street, follows the previously announced
closures of five other county locations since Rite Aid filed for
bankruptcy in October 2023:
* 15 West Centre Street, Mahanoy City
* 205 Center Street, Tamaqua
* 44 Kings Village, Minersville
* 452 South Lehigh Avenue, Frackville
* 15 South Main Street, Shenandoah
While a specific closing date for the Ashland store has not been
disclosed, liquidation sales are expected to begin in the coming
weeks, the report states.
About Rite Aid
Rite Aid is a full-service pharmacy committed to improving health
outcomes. Rite Aid is defining the modern pharmacy by meeting
customer needs with a wide range of solutions that offer
convenience, including retail and delivery pharmacy, as well as
services offered through the Company's wholly owned subsidiary
Bartell Drugs. On the Web: http://www.riteaid.com/
Rite Aid and certain of its subsidiaries previously filed for
Chapter 11 bankruptcy in October 2023 and emerged from bankruptcy
in August 2024.
On May 5, 2025, New Rite Aid, LLC and its subsidiaries, including
Rite Aid Corporation, commenced voluntary Chapter 11 proceedings
(Bankr. D.N.J. Lead Case No. 25-14861). As of the 2025 bankruptcy
filing date, Rite Aid operates 1,277 stores and 3 distribution
centers in 15 states and employs approximately 24,500 people. Rite
Aid is using the Chapter 11 process to pursue a sale of its
prescriptions, pharmacy and front-end inventory, and other assets.
The cases are being administered by the Honorable Michael B.
Kaplan.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
advisor, Guggenheim Securities, LLC is serving as investment
banker, and Alvarez & Marsal is serving as financial advisor to the
Debtors. Joele Frank, Wilkinson Brimmer Katcher is serving as
strategic communications advisor to the Debtors.
Kroll is the claims agent and maintains the page
https://restructuring.ra.kroll.com/RiteAid2025
Bank of America, N.A., as DIP Agent, is represented by lawyers at
Greenberg Traurig, LLP; and Choate Hall & Stewart LLP.
RIVERA FAMILY: Claims to be Paid from Income and Sale Proceeds
--------------------------------------------------------------
Rivera Family Holdings, LLC, filed with the U.S. Bankruptcy Court
for the Western District of Wisconsin an Amended Plan of
Reorganization dated June 17, 2025.
Since the operations began, the Debtor has been the owner of the
building housing Manny's Mexican Cocina, Inc. at 301 Hampton Court,
Onalaska, Wisconsin 54650 and Manny's Cocina of Eau Claire, 4207
Oakwood Hills Parkway, Eau Claire, WI 54701.
Manny's Cocina LLC in Eau Claire, Wisconsin is listed for sale at a
sale price of $2.2 million dollars. There have been some offers and
some of these contained contingencies that were never met. It is
hopeful, with the economy revitalizing, that the Manny's Cocina in
Eau Claire will be sold with a price range of anywhere between $1.8
million and $2.2 million dollars. Currently there is no pending
offer.
There are no unsecured creditors. All secured creditors are being
paid in full at a current interest rate on each claim. The priority
creditor will be paid.
The Chapter 11 debtors, Rivera Family Holdings, LLC (With revenues
from Manny's Mexican Conica, Inc. and Manny's Cocina of Eau Claire,
Wisconsin) is in the process of preparing a cash flow basis to over
the 60 months of the Plan to show that there's sufficient income
and cash flow to meet the requirements of the Plan. In addition,
the Liquidating Analysis shows that there are sufficient assets for
full payments to all creditors.
The Plan of Reorganization proposed to pay the creditors of Rivera
Family from current distributions from the corporation and from the
sale of Manny's Cocina of Eau Claire, Wisconsin upon the sale
thereof.
The Plan shall be implemented by weekly/monthly payments to the
secured creditors as set forth in the Plan as well as payments to
Administrative expenses as set forth in the Plan or other
agreements provided for including Chapter 11 Subchapter V Trustee.
All payments in this Plan are made by Rivera Family Holdings, LLC.
A full-text copy of the Amended Plan dated June 17, 2025 is
available at https://urlcurt.com/u?l=peYLC2 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Galen W. Pittman, Esq.
Pittman & Pittman Law Offices, LLC
712 Main Street
La Crosse, WI 54601
Telephone: (608) 784-0841
Email: Info@PittmanandPittman.com
About Rivera Family Holdings
Rivera Family Holdings LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Wis. Case No.
24-12559) on Dec. 20, 2024. In the petition filed by Lynnae Rivera
and Filiberto Rivera, partners, the Debtors estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Catherine J. Furay handles the case.
The Debtor is represented by Galen W. Pittman, Esq. at pittman &
Pittman law offices, LLC.
SAKS GLOBAL: In Talks w/ Minority Creditors for Debt-Deal Support
-----------------------------------------------------------------
Reshmi Basu of Bloomberg News reports that Saks Global Enterprises
is in negotiations with creditors over the terms of a previously
announced debt restructuring plan, aiming to bolster support for a
deal that would reallocate repayment priorities if the company
defaults, according to sources familiar with the matter.
Last June 2025, Saks secured $600 million in committed financing
from an ad hoc group of creditors representing a narrow majority of
its $2.2 billion in 11% bonds issued in December 2024. Creditors
outside the majority group will have the opportunity to participate
in providing up to an additional $300 million, according to
Bloomberg News.
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.
SAMYS OC: Hires Goodwin Johnston LLC as Special Counsel
-------------------------------------------------------
Samys OC, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Kansas to employ Goodwin Johnston LLC as special
counsel.
The firm will represent the Debtor in various adversary proceedings
pending before the bankruptcy court.
The firm will be paid at these rates:
Andrew J. Goodwin $400 per hour
Paralegals $175 per hour
The Debtor owed the firm a pre-petition claim in the amount of
$21,917.91, which will be waived and the claim withdrawn, provided
that the Bankruptcy Court approves the application.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Andrew J. Goodwin, Esq., a partner at Goodwin Johnston LLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Andrew J. Goodwin, Esq.
Goodwin Johnston LLC
1100 Main Street Ste 2201
Kansas City, MO 64105
Tel: (816) 624-3115
About Samys OC LLC
Samys OC, LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. D. Kansas Case No. 24-11166) on
Nov. 14, 2024, listing up to $50,000 in assets and $10 million to
$50 million in liabilities. The petition was signed by Amro M. Samy
as managing member.
Judge Mitchell L Herren presides over the case.
Lora J. Smith, Esq., at Hinkle Law Firm is the Debtor's bankruptcy
counsel.
Dream First Bank, as secured creditor, is represented by:
Scott M. Hill, Esq.
Hite, Fanning & Honeyman, LLP
100 N. Broadway, Ste. 950
Wichita, KS 67202-2216
Telephone: (316) 265-7741
Facsimile: (316) 267-7803
E-mail: hill@hitefanning.com
SANTA PAULA: Hires Liv Sotheby's as Real Estate Broker
------------------------------------------------------
Santa Paula Hay & Grain and Ranches seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
LIV Sotheby's International Realty as real estate broker.
The firm will market and sell the Debtor's real property located at
10980 Ventura Ave., Oakview, California.
The firm will be paid a commission of 2.5 percent of the gross
sales price.
Erik Wilde, a broker at LIV Sotheby's International Realty, assured
the court that the firm is disinterested within the meaning of 11
U.S.C. Sec. 101(14).
The firm can be reached through:
Erik Wilde
LIV Sotheby's International Realty
727 West Ojai Ave.
Ojai, CA 93023
Phone: (805) 646-7288
About Santa Paula Hay & Grain and Ranches
Santa Paula Hay & Grain and Ranches specializes in providing a
variety of hay and grain products to meet the needs of farmers and
animal owners. The Company offers high-quality feed options for
livestock and pets.
Santa Paula Hay & Grain and Ranches sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10314) on
March 12, 2025. In its petition, the Debtor reports estimated
assets between $100 million and $500 million and between $10
million and $50 million.
Honorable Bankruptcy Judge Ronald A. Clifford III handles the
case.
The Debtor is represented by:
Reed Olmstead, Esq.
LAW OFFICES OF REED H. OLMSTEAD
5142 Hollister Ave #171
Santa Barbara, CA 93111
Tel: (805) 963-9111
Email: reed@olmstead.law
SCARLET KITCHEN: Robert Goe Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 16 appointed Robert Goe, Esq., a
practicing attorney in Irvine, Calif., as Subchapter V trustee for
Scarlet Kitchen & Lounge, LLC.
Mr. Goe will be paid an hourly fee of $545 for his services as
Subchapter V trustee while his case administrator, Arthur Johnston,
will be paid an hourly fee of $195. In addition, the Subchapter V
trustee will receive reimbursement for work-related expenses
incurred.
Mr. Goe declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Robert P. Goe, Esq.
17701 Cowan
Building D, Suite 210
Irvine, CA 92614
Telephone: (949) 798-2460
Facsimile: (949) 955-9437
bktrustee@goeforlaw.com
About Scarlet Kitchen & Lounge
Scarlet Kitchen & Lounge, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-11641) on
June 17, 2025, listing up to $500,000 in assets and up to $1
million in liabilities. Paige Riordan, owner and executive chef,
signed the petition.
Judge Scott C. Clarkson oversees the case.
Donald Reid, Esq., at the Law Office of Donald W. Reid, represents
the Debtor as legal counsel.
SKIN HEALTH: Hires Robert Bassel as Bankruptcy Counsel
------------------------------------------------------
Skin Health Partners LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Michigan to hire Robert Bassel,
Esq. to handle its Chapter 11 case.
The firm will be paid at $350 per hour.
The firm received from the Debtor a retainer in the amount of
$15,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert N. Bassel, Esq., disclosed in a court filing that the firm
is a "disinterested person" as the term is defined in Section
101(14) of the Bankruptcy Code.
The firm can be reached at:
Robert N. Bassel, Esq.
P.O. Box T
Clinton, MI 49236
Telephone: (248) 835-7683
Email: bbassel@gmail.com
About Skin Health Partners LLC
Skin Health Partners LLC operating in the skincare or dermatology
services industry.
Skin Health Partners LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-31145) on May 27,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000 each.
Honorable Bankruptcy Judge Joel D. Applebaum handles the case.
The Debtors are represented by Robert N. Bassel, Esq. at Robert
Bassel, Attorney at Law.
SKYLINE EMS: Seeks Chapter 11 Bankruptcy in Texas
-------------------------------------------------
On July 7, 2025, Skyline EMS Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Southern District of Texas.
According to court filing, the Debtor reports $2.86 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Skyline EMS Inc.
Skyline EMS Inc., an emergency medical services provider operating
across the Rio Grande Valley in Texas. It provides ambulance and
emergency medical response services from its base in Mission,
Texas.
Skyline EMS Inc.sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-70188) on July 7,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities of $2.86 million.
The Debtors are represented by Antonio Martinez, Jr., Esq. at the
Law Office Of Antonio Martinez, Jr. P.C.
SMALL FORTUNE: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Small Fortune Hunter, LLC received fourth interim approval from the
U.S. Bankruptcy Court for the Eastern District of North Carolina to
use cash collateral.
The order penned by Judge David Warren authorized the Debtor's
interim use of cash collateral to pay the expenses set forth in its
30-day budget, which covers the period July 1 to 31.
The budget projects total operational expenses of $70,112.33 for
July.
BayFirst National Bank, BriteCap, WebBank and The LCF Group are the
creditors that may assert a lien on the cash collateral.
As protection, secured creditors will be granted a lien on revenue
generated and assets acquired by the Debtor after its Chapter 11
filing to the same extent and with the same priority as their
pre-bankruptcy liens.
The next hearing is set for July 23.
About Small Fortune Hunter
Small Fortune Hunter, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-01203) on April
1, 2025, listing up to $50,000 in assets and up to $500,000 in
liabilities. Michael Seighman, member-manager of Small Fortune
Hunter, signed the petition.
Judge David M. Warren oversees the case.
Philip Sasser, Esq., at Sasser Law Firm is the Debtor's bankruptcy
counsel.
BayFirst National Bank, as secured creditor, is represented by:
Phillip M. Fajgenbaum, Esq.
Parker Poe Adams & Bernstein, LLP
620 South Tryon Street, Suite 800
Charlotte, NC 28202
Telephone: (704) 372-9000
phillipfajgenbaum@parkerpoe.com
SOLAR MOSAIC: Somar Lawsuit to Proceed Against NYS Power, Dratel
----------------------------------------------------------------
Judge Valerie Caproni of the United States District Court for the
Southern District of New York declined to extend the automatic stay
to NYS Essential Power Inc. and Matthew Dratel in the case
captioned as RENNIE SOMAR, Plaintiff, -against- SOLAR MOSAIC, LLC,
NYS ESSENTIAL POWER INC. & MATTHEW DRATEL, Defendants, Case No.
24-cv-08637-VEC (S.D.N.Y.).
On June 10, 2025, Defendant Solar Mosaic LLC informed the Court
that it had filed a voluntary petition for relief under
Chapter 11 of the United States Code, 11 U.S.C. Secs. 101–1330,
with the United States Bankruptcy Court for the Southern District
of Texas, No. 25-90155, to be jointly administered under In re
Mosaic Sustainable Finance Corporation, No. 25-90156.
At the Court's directive, Plaintiff on June 18, 2025, filed a
letter opposing the extension of the stay to the remaining
Defendants because he has direct claims for liability and damages
against the non-debtor defendants that are separate from claims he
asserted against Solar Mosaic.
Plaintiff argued that automatic stays under section 362 apply only
to the debtor and that the non-debtor defendants cannot meet the
limited exception to show that a claim against the non-debtor will
have an immediate adverse economic consequence for the debtor's
estate, citing Stih v. Rockaway Farmers Mkt., Inc., 656 B.R. 308,
312 (E.D.N.Y. 2024).
The Court ordered Defendants NYS Essential Power Inc. and Matthew
Dratel to state whether claims again them will have an immediate
adverse economic consequence for Solar Mosaic.
Dratel is in default and has not appeared in the litigation.
NYS Power filed a letter stating that an extension of the stay to
the non-debtor defendants is warranted, as the claims and cross
claims between Solar Mosaic, NYS Power, and Dratel are
intertwined.
NYS Power stated that Solar Mosaic has cross claims against NYS
Power, and if NYS Power is required to litigate this case, and then
litigate the cross claims once the stay is lifted, it will be
required to essentially litigate the same issues twice.
The Court finds NYS Power's assertion that Solar Mosaic has cross
claims against NYS Power is factually inaccurate.
The Amended Complaint alleges that Solar Mosaic provided a loan to
Plaintiff for solar panels. NYS Power installed the solar panels.
Dratel was the salesperson working on behalf of Solar Mosaic and
NYS Power.
Plaintiff brings count one against Solar Mosaic under the Truth in
Lending Act, count two against all defendants under New York's
General Business Law Sec. 349, count three against NYS Power under
New York's General Business Law Sec. 770, count four against all
defendants for fraudulent concealment, count five against NYS Power
and Dratel under the Credit Repair Organization Act, and count six
against all defendants under the Fair Credit Reporting Act.
The Court ordered that the stay in this case is only as to Solar
Mosaic and does not extend to NYS Power and Dratel.
Judge Caproni holds, "Although the claims alleged in the Amended
Complaint involve facts that bear on conduct of all Defendants,
Plaintiff brings five claims against NYS Power, two of which are
not brought against Solar Mosaic. The burden is on the party
seeking extension of the stay to put forth real evidence
demonstrating an actual impact upon, or threat to, the
reorganization efforts if the stay is not extended. Without
evidence which demonstrates any impact upon the debtor's
reorganization effort, the stay cannot be extended to a solvent
co-defendant. NYS Power has not met its burden nor even given an
explanation why proceeding with this case would affect Solar
Mosaic's reorganization. Accordingly, the case against NYS Power
and Dratel will proceed with discovery."
The Initial Pretrial Conference will be held on Aug. 15, 2025, at
10:00 A.M. in Courtroom 20C of the Daniel Patrick Moynihan
Courthouse, 500 Pearl Street, New York, New York, 10007. The
parties' joint letter and proposed case management plan must be
filed by no later than Aug. 7, 2025.
A copy of the Court's Order dated June 27, 2025, is available at
https://urlcurt.com/u?l=bApCRP from PacerMonitor.com.
About Solar Mosaic
Mosaic is an industry-leading fintech platform for sustainable home
improvements. Founded in 2010, Mosaic is a pioneer in clean energy
lending providing innovative solutions for financing solar, battery
storage, and more. Mosaic has funded $15 billion in loans to date,
helping more than 500,000 households make their homes more
sustainable and efficient.
On June 6, 2025, Mosaic Sustainable Finance Corporation and four
affiliated debtors each filed a voluntary petition for relief under
Chapter 11 of the United States Bankruptcy Code (Bankr. S.D. Tex.
Lead Case No. 25-90156). The cases are pending before the Honorable
Christopher M. Lopez.
The Company tapped Paul Hastings LLP as legal counsel, BRG for
managing director Mark A. Renzi as chief restructuring officer, and
C Street Advisory Group as strategic communications advisor. Kroll,
formerly Prime Clerk LLC, is the claims agent.
Blank Rome LLP is serving as legal counsel and Huron Consulting
Group is serving as financial advisor to Forbright Bank.
STEWARD HEALTH: Secures $15.5MM Deal w/ Florida Hospital Buyer
--------------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that Steward
Health Care informed a Texas bankruptcy judge on Monday, July 7,
2025, that it had reached an agreement with the buyer of eight of
its hospitals to settle a dispute over $55 million in Medicaid
payments.
Under the deal, Steward is set to recover $15.5 million, the report
states.
About Steward Health Care
Steward Health Care System, LLC, owns and operates the largest
private physician-owned for-profit healthcare network in the U.S.
Headquartered in Dallas, Texas, Steward's operations include 31
hospitals in eight states, approximately 400 facility locations,
4,500 primary and specialty care physicians, 3,600 staffed beds,
and nearly 30,000 employees. Steward Health Care provides care to
more than two million patients annually.
Steward and 166 affiliated debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90213) on May 6, 2024. Judge
Christopher M. Lopez oversees the proceeding.
The Debtors tapped Weil, Gotshal & Manges, LLP as bankruptcy
counsel; McDermott Will & Emery as special corporate and regulatory
counsel; AlixPartners, LLP as financial advisor and John Castellano
of AlixPartners as chief restructuring officer. Lazard Freres & Co.
LLC, Leerink Partners LLC, and Cain Brothers, a division of KeyBanc
Capital Markets Inc., provide investment banking services to the
Debtors. Kroll is the claims agent.
Susan N. Goodman has been appointed as patient care ombudsman in
the Debtors' Chapter 11 cases.
TARAH THAI: Seeks to Hirs Farsad Law Office as Bankruptcy Counsel
-----------------------------------------------------------------
Tarah Thai, LLC seeks approval from the U.S. Bankruptcy Court for
the Northern District of California to hire Farsad Law Office, P.C.
as its general bankruptcy counsel.
The firm's services include:
1. advising the Debtor on bankruptcy duties and obligations;
2. preparing necessary schedules, statements, monthly
operating reports, and the Plan of Reorganization;
3. representing the Debtor in hearings, negotiations, and
communications with creditors and the Subchapter V Trustee;
4. preparing and responding to motions, applications, and
objections as required.
The firm's billing rates are:
Arasto Farsad (Managing Partner) $400/hour
Nancy Weng (Partner) $400/hour
Paralegals $100/hour
The firm received a retainer in the amount of $20,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Arasto Farsad, Esq., a partner at Farsad Law Office, P.C.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Arasto Farsad, Esq.
Nancy Weng, Esq.
Farsad Law Office, P.C.
1625 The Alameda, Suite 525
San Jose CA 95126
Tel: (408) 641-9966
Fax: (408) 866-7334
Email: farsadlaw1@gmail.com
About Tarah Thai, LLC
Tarah Thai, LLC sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-50944) on June
23, 2025, listing $50,001 to $100,000 in assets and $100,001 to
$500,000 in liabilities.
Judge Stephen L Johnson presides over the case.
Arasto Farsad, Esq. at Farsad Law Office, P.C, represents the
Debtor as counsel.
TEZCAT LLC: Gets Extension to Access Cash Collateral
----------------------------------------------------
Tezcat, LLC received third interim approval from the U.S.
Bankruptcy Court for the Middle District of Florida, Jacksonville
Division, to use the cash collateral of its secured creditors.
The third interim order signed by Judge Jason Burgess authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court; the expenses set forth in its budget, plus
an amount not to exceed 10% for each line item; and additional
amounts subject to approval by secured creditors.
IncredibleBank, Honeycomb Collateral and Webbank are the secured
creditors with interest in the cash collateral. As protection,
these secured creditors will be granted replacement liens on
post-petition cash collateral, with the same priority and validity
as their pre-bankruptcy liens.
As additional protection, IncredibleBank will continue to receive a
monthly payment of $1,868.25. The payments started in May.
The next hearing is set for August 21.
About Tezcat LLC
Tezcat LLC, operating as Tepeyolot Cervecerias, is a family-owned
brewery and restaurant in Jacksonville, Fla., offering fresh
Mexican cuisine paired with craft lagers brewed on-site. In
addition to its dine-in and takeout options, the business provides
catering services for events like birthdays, weddings, and
corporate functions. It also offers online ordering and party
booking services.
Tezcat filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
25-00803) on March 17, 2025, listing total assets of $22,708 and
total liabilities of $1,001,540.
Judge Jason A. Burgess handles the case.
Buddy D. Ford, Esq., at Buddy D. Ford, P.A. is the Debtor's legal
counsel.
IncredibleBank, as secured creditor, is represented by:
Daniel A. Miller, Esq.
Daniel A. Miller, P.A.
11987 Southern Blvd., No. 1
Royal Palm Beach, FL 33411
Telephone: (561) 463-5929
daniel@damillerlaw.com
service@damillerlaw.com
THREE FISHERMAN: Unsecureds to Get 100 Cents on Dollar in Plan
--------------------------------------------------------------
Three Fisherman Seafood, LLC, submitted a First Amended Plan of
Reorganization under Subchapter V dated June 18, 2025.
The Plan Proponent financial projections show that the Debtor will
have projected disposable income of $900,000.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from the Debtor's operations as well as a Guarantee
from Vadim Andreyec (the "Plan Sponsor").
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 100 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 3 consists of Non-Priority Unsecured Claims. Each
non-priority unsecured claim will be paid in 60 equal monthly
payments beginning on the 14 days after the effective date of the
Plan. This Class is impaired.
Class 4 consists of Equity Security Holders of the Debtor. Each
security holder shall retain their interest in the Debtor. No
distributions or dividends shall be made by the Debtor to any Class
3 Equity Security Holder until such time as all allowed
administrative expense claims, priority tax claims, statutory fees,
Class 1 Priority Claims and Class 2 Non-Priority unsecured
creditors are paid in full.
Payments required under this Plan will be funded from revenues
generated by the Debtor's continued operations, and cash on hand.
A full-text copy of the First Amended Plan dated June 18, 2025 is
available at https://urlcurt.com/u?l=2k1CrX from PacerMonitor.com
at no charge.
Counsel to the Debtor:
John M. Weinberg, Esq.
WEINBERG LAW FIRM, P.A.
2000 Palm Beach Lakes Blvd., Ste. 701
West Palm Beach, Florida 33409
Phone: (561) 355-0901
Fax: (561) 557-8991
Email: Weinberglawpa@gmail.com
About Three Fisherman Seafood
Three Fisherman Seafood, LLC is a seafood restaurant.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-01761) on November
18, 2024, with as much as $50,000 in both assets and liabilities.
Judge Caryl E. Delano presides over the case.
John Weinberg, Esq., at Weinberg Law Firm, PA represents the Debtor
as bankruptcy counsel.
TIGHT LINES: Seeks to Hire J.M. Cook P.A. as Counsel
----------------------------------------------------
Tight Lines Family Medicine, PA seeks approval from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to
employ J.M. Cook, P.A. as counsel.
The firm will provide these services:
(A) prepare on behalf of the Debtor, necessary applications,
complaints, answers, orders, reports, motions, notices, plan of
reorganization, disclosure statement and other papers necessary in
Debtor's reorganization case;
(B) assist the Debtor in evaluating the legal basis for, and
effect of, the various pleadings that will be filed in the Chapter
11 case by the Debtor and other parties in interest;
(C) perform all necessary legal services in connection with the
Debtor's reorganization, including Court appearances, research,
opinions and consultations on reorganization options, direction and
strategy;
(D) assist the Debtor in preparing the monthly operating reports
and evaluating and negotiating the Debtor's or any other party's
Plan of Reorganization and any associated Disclosure Statement;
(E) commence and prosecute any and all necessary and appropriate
actions and/or proceedings on behalf of the Debtor; and
(F) perform all other legal services for the Debtor which may be
necessary and proper in these proceedings and in keeping with his
fiduciary duty.
The firm will be paid at these rates:
Attorneys $300 per hour
Paralegals $175 per hour
The firm received from the Debtor a retainer of $2,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Cook disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
J.M. Cook, Esq.
J.M. Cook, P.A
5886 Faringdon Place Suite 100
Raleigh, NC 27609
Tel: (919) 675-2411
Fax: (919) 882-1719
Email: J.M.Cook@jmcookesq.com
About Tight Lines Family Medicine, PA
Tight Lines Family Medicine, PA filed Chapter 11 petition (Bankr.
E.D. N.C. Case No. 25-02137) on June 6, 2025, listing up to
$500,000 in assets and up to $1 million in liabilities. Max Brandon
Ludlum, president of Tight Lines Family Medicine, signed the
petition.
Judge Joseph N. Callaway oversees the case.
JM Cook, Esq., at J.M. Cook, P.A., represents the Debtor as legal
counsel.
TOG HOTELS: Seeks to Extend Plan Exclusivity to September 18
------------------------------------------------------------
TOG Hotels Downtown Dallas LLC asked the U.S. Bankruptcy Court for
the Northern District of Texas to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
September 18 and November 17, 2025, respectively.
The Debtor accomplished a great deal in the first few months of
this case and is well-positioned for the next phase of this
proceeding, which includes negotiating a resolution of the Lender's
claim and formulating the Debtor's plan of reorganization, which
proposes to pay all creditors their allowed claims in full.
The Debtor explains that it is not prepared to file a plan by the
expiration of the Debtor's current exclusive period, which expires
on June 20, 2025. Accordingly, an extension of the exclusive period
would enable the Debtor and the Lender additional time to continue
its substantive plan discussions with the Lender.
Based on a weighing of the relevant factors, there is more than
sufficient cause to approve the extension of the Exclusive Periods
requested by the Debtor:
* The Debtor requires additional time to gather and share the
information with the Lender needed to negotiate a consensual plan
of reorganization. Further, the universe of potential claims
against the Debtor will not be known until the claims bar date has
been reached on June 30, 2025.
* The Debtor has made good faith progress toward
reorganization by, among other things, resolving its dispute with
HHF.
* Since filing this Chapter 11 Case, the Debtor believes that
it has continued to pay substantially all of its undisputed,
postpetition expenses and invoices in the ordinary course of
business or as otherwise provided by order of the Court.
* The requested extension of the Exclusive Periods is the
first such request made in this Chapter 11 Case and is
approximately four months after the Petition Date. This amount of
time is not long given the complexity of the issues involved, the
fact that the Debtor has changed counsel and continues to work with
the Lender to negotiate a consensual plan.
* The Debtor is not seeking an extension of the Exclusive
Periods to pressure or prejudice any of its stakeholders. Rather,
the Debtor is seeking an extension of the Exclusive Periods to
preserve and build upon the progress made to date by securing
adequate time to develop a plan of reorganization.
TOG Hotels Downtown, LLC is represented by:
M. Jermaine Watson, Esq.
Tiereney Bowman, Esq.
Emily M. Campbell, Esq.
Cantey Hanger LLP
600 West 6th Street, Suite 300
Tel: (817) 877-2800
Fax: (817) 333-2961
Email: jwatson@canteyhanger.com
Email: tbowman@canteyhanger.com
Email: ecampbell@canteyhanger.com
About TOG Hotels Downtown Dallas LLC
TOG Hotels Downtown, LLC, operates the Crowne Plaza Dallas Downtown
hotel, located at 1015 Elm Street in Dallas, Texas.
TOG Hotels Downtown filed Chapter 11 petition (Bankr. N.D. Tex.
Case No. 25-30600) on Feb. 20, 2025. In its petition, the Debtor
reported between $10 million and $50 million in both assets and
liabilities.
Judge Scott W. Everett handles the case.
The Debtor is represented by M. Jermaine Watson, Esq. at Cantey
Hanger LLP.
TWIN CITIES: Seeks to Hire BransonLaw PLLC as Counsel
-----------------------------------------------------
Twin Cities Family Practice, P.A. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Florida to employ
BransonLaw, PLLC as counsel.
The firm will provide these services:
a. prosecute and defend any causes of action on behalf of the
Debtor, and prepare, on behalf of the Debtor, all necessary
applications, motions, reports and other legal papers;
b. assist in the formulation of a plan of reorganization; and
c. provide all other services of a legal nature.
The firm will be paid at the rates of $150 to $500 per hour.
Prior to the commencement of this case the Debtor paid an advance
fee of $21,447.50 for post-petition services and expenses in
connection with this case and the filing fee of $1,738.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Ainsworth 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:
Jeffrey S. Ainsworth, Esq.
BransonLaw, PLLC
1501 East Concord Street
Orlando, FL 32803
Tel: (407) 894-6834
Email: amanda@bransonlaw.com
About Twin Cities Family Practice, P.A.
Twin Cities Family Practice, P.A. filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Fla. Case No.
25-30539) on June 10, 2025, with $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 bankruptcy counsel.
TYSONS CONCEPTS: Seeks Subchapter V Bankruptcy in Texas
-------------------------------------------------------
Tysons Concepts Corporation has filed for Chapter 11 bankruptcy
protection in the Eastern District of Texas on July 6, 2025, opting
to proceed under Subchapter V as a small business debtor.
According to the filing, the company reports estimated assets and
liabilities each ranging between $100,001 and $500,000, with fewer
than 50 creditors. Court documents indicate that funds are expected
to be available for distribution to unsecured creditors after
administrative expenses are covered.
The company is primarily owned by President Masoud Aboughaddareh,
who holds a 45% stake, with the remaining ownership divided among
ten other individual shareholders, rkc.llc reports. Attorney John
P. Forest, II is representing the debtor in the case, the report
states.
About Tysons Concepts Corporation
Tysons Concepts Corporation, operating as Greenhouse Bistro in
Vienna, Virginia.
Tysons Concepts Corporation sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-11362) on July
6, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000 each.
The Debtors are represented by John P. Forest, II, Esq.
TZADIK SIOUX: Hires Edelboim Lieberman PLLC as Counsel
------------------------------------------------------
Tzadik Sioux Falls Portfolio I, LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to employ
Edelboim Lieberman PLLC as counsel to Tzadik Sioux Falls I, LLC,
and Tzadik Sioux Falls Portfolio III, LLC.
The firm will provide these services:
a. advise the Debtors with respect to their powers and duties
as debtors and debtors-in-possession in the continued management
and operation of its business and properties;
b. attend meetings and negotiate with representatives of
creditors and other parties-in-interest and advise and consult on
the conduct of the cases, including all of the legal and
administrative requirements of operating in Chapter 11;
c. advise the Debtors in connection with post-petition
financing arrangements and draft documents relating thereto;
d. take all necessary action to protect and preserve the
Debtors' estates, including the prosecution of actions on their
behalf, the defense of any actions commenced against the estates,
negotiations concerning all litigation in which the Debtors may be
involved and objections to claims filed against the estates;
e. prepare on behalf of the Debtors all motions, applications,
answers, orders, reports and papers necessary to the administration
of the estates;
f. negotiate and prepare on the Debtors' behalf plans of
reorganization, disclosure statements and all related agreements
and/or documents, and take any necessary action on behalf of the
Debtors to obtain confirmation of such plans;
g. attend meetings with third parties and participate in
negotiations with respect to the above matters;
h. appear before this Court, any appellate courts, and the
U.S. Trustee, and protect the interests of the Debtor's estates
before such courts and the U.S. Trustee; and
i. perform all other necessary legal services and provide all
other necessary legal advice to the Debtors in connection with this
Chapter 11 case.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
On March 28, 2025, the firm received $175,000, funded by
insider/affiliate, Adam Hendry.
Morgan B. Edelboim, Esq., a partner at Edelboim Lieberman PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Morgan B. Edelboim, Esq.
Edelboim Lieberman PLLC
2875 NE 191st Street
Penthouse One, Suite 905
Miami, FL 33180
Tel: (305) 768-9909
E-mail: morgan@elrolaw.com
About Tzadik Sioux Falls Portfolio I, LLC
Tzadik Sioux Falls Portfolio I, LLC possesses several multi-family
properties in Sioux Falls, SD.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13865) on April 9,
2025. In the petition signed by Adam Hendry, authorized
representative, the Debtor disclosed $65 million in assets and
$46.775 million in liabilities.
Judge Peter D. Russin oversees the case.
Morgan Edelboim, Esq., at Edelboim Lieberman, PLLC, represents the
Debtor as legal counsel.
TZADIK SIOUX: Seeks to Hire Remax Advantage as Broker
-----------------------------------------------------
Debtor-In-Possession, Tzadik Rapid City Portfolio I, LLC one of the
affiliate in the bankruptcy case of Tzadik Sioux Falls Portfolio I,
LLC and its affiliates seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ Remax
Advantage as broker.
The firm will market and sell the real property known as Aspen Park
which is located at 426-434 East Fairmont Boulevard Rapid City, SD
57701.
The firm will be paid a commission of 2.5 percent of the final
purchase price of Aspen Park with an additional 1.5 percent payable
if the buyer is unrepresented.
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:
Ed Dreyer
Remax Advantage
1331 W. Omaha St., Suite 200
Rapid City, SD 57701
Tel: (605) 343-7653
About Tzadik Sioux Falls Portfolio I, LLC
Tzadik Sioux Falls Portfolio I, LLC possesses several multi-family
properties in Sioux Falls, SD.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13865) on April 9,
2025. In the petition signed by Adam Hendry, authorized
representative, the Debtor disclosed $65 million in assets and
$46.775 million in liabilities.
Judge Peter D. Russin oversees the case.
Morgan Edelboim, Esq., at Edelboim Lieberman, PLLC, represents the
Debtor as legal counsel.
TZADIK TAYLOR'S PLACE: Seeks Chapter 11 Bankruptcy in Florida
-------------------------------------------------------------
On July 7, 2025, Tzadik Taylor's Place LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for theSouthern District of
Florida. According to court filing, the Debtor reports between $1
million and $10 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Tzadik Taylor's Place LLC
Tzadik Taylor's Place LLC is a real estate holding company that
appears to operate an apartment complex in Sioux Falls, South
Dakota.
Tzadik Taylor's Place LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-17742-PDR) on
July 7, 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 Peter D. Russin handles the case.
The Debtors are represented by Brett D. Lieberman, Esq.
TZADIK TAYLOR'S: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Tzadik Taylor's Place, LLC
2450 Hollywood Blvd Ste 503
Hollywood, FL 33020
Business Description: Tzadik Taylor's Place, LLC is a real estate
entity affiliated with Tzadik Management,
operating from its office in Hollywood,
Florida. The Company is part of a broader
group involved in property ownership and
management activities.
Chapter 11 Petition Date: July 7, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-17742
Judge: Hon. Peter D. Russin
Debtor's
General
Bankruptcy
Counsel: Brett Lieberman, Esq.
EDELBOIM LIEBERMAN PLLC
2875 NE 191st Street, Penthouse One
Suite 905
Miami, FL 33180
Tel: 305-768-9909
Email: brett@elrolaw.com
Total Assets: $34,350,000
Total Liabilities: $17,308,397
The petition was signed by Adam Hendry as authorized agent.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SYCUYNQ/Tzadik_Taylors_Place_LLC__flsbke-25-17742__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Apartments, LLC Trade Debt $4,860
2563 Collection
Center Drive
Chicago, IL 60693
2. Berman Hopkins $3,305
Wright & LaHam, LLP
8035 Spyglass Hill Rd
Melbourne, FL 32940
3. Breit & Boomsma, P.C. Trade Debt $59,956
606 E. Tan Tara Circle
Sioux Falls, SD 57108
4. City Glass & Glazing, Inc. Trade Debt $2,493
5003 W. 12th Street
Sioux Falls, SD 57106
5. Condo Experts USA Inc. Trade Debt $21,652
dba Apartment Lea
Fort Lauderdale, FL 33315
6. Conservice LLC Trade Debt $12,602
P.O. Box 1500
Hemet, CA 92546
7. CT Corporation Trade Debt $1,665
PO Box 4349
Carol Stream, IL 60197
8. Haber Law Trade Debt $2,240
251 NW 23 Street
Miami, FL 33127
9. MidAmerican Energy Company - UM Trade Debt $6,246
PO Box 8020
Davenport, IA 52808
10. Nybergs Ace Hardware, Inc. Trade Debt $4,990
330 W. 41st Street
Sioux Falls, SD 57105
11. Plunkett's Pest Trade Debt $1,948
Control, Inc.
40 52nd Way Northeast
Minneapolis, MN 55421
12. Presto X Trade Debt $12,018
27113 Independence Avenue
Sioux Falls, SD 57108
13. RentPath Holdings, Business $3,238
Inc., dba Apart Guide Operations
950 East Paces Ferry
Road NE
Atlanta, GA 30326
14. Sioux Falls Utilities - UM Business $19,391
224 West 9th Street Operations
Sioux Falls, SD 57117
15. Sioux Merchant Trade Debt $9,125
Patrol Inc.
DBA SMP Secur
1501 N Cleveland Ave
Sioux Falls, SD 57104
16. Thornton Carpet, Inc Trade Debt $22,118
2300 N. Bakker
Landing Avenue
Tea, SD 57064
17. Waste Solution Services Trade Debt $7,192
26 Columbia Ave.
Cedarhurst, NY 11516
18. Xcel Energy - UM Trade Debt $6,748
PO Box 9477
Minneapolis, MN 55484
19. Xtreme Cleaning Services Business $4,311
311 E Norton Ave Operations
Salem, SD 57058
20. Xtremely Clean LLC Trade Debt $4,651
809 Sunnyside Ave.
Valley Springs, SD 57068
UNIVERSAL BIOCARBON: Gets Extension to Access Cash Collateral
-------------------------------------------------------------
Universal Biocarbon, Inc. received interim approval from the U.S.
Bankruptcy Court for the Southern District of Florida, West Palm
Beach Division, to use cash collateral pending a final hearing on
August 13.
The interim order authorized the Debtor to use cash collateral to
pay the amounts expressly authorized by the court, including any
required payments to the U.S. trustee; and the expenses set forth
in its budget, plus an amount not to exceed 10% for each line
item.
The budget shows total monthly expenses ranging from $115,546.36 to
$195,799.36.
As protection, each creditor with a security interest in cash
collateral will be granted a post-petition lien on the cash
collateral to the same extent and with the same validity and
priority as its pre-bankruptcy lien.
As additional protection, the Debtor was ordered to keep the
secured creditors' collateral insured.
About Universal Biocarbon Inc.
Universal Biocarbon Inc. transforms vegetative biomass such as yard
waste and tree trimmings, into high-quality carbon products like
compost, mulch, biochar, and activated carbon. Through a
partnership with the Sunshine State Biomass Cooperative, UBC
creates a cycle of beneficial reuse, sharing profits with the
suppliers of biomass feedstock. The company is based in Canal
Point, Fla.
Universal Biocarbon filed Chapter 11 petition (Bankr. S.D. Fla.
Case No. 25-10987-EPK) on January 30, 2025, listing up to $1million
in assets and up to $10 million in liabilities. David Disbrow,
chairman and founder of Universal Biocarbon, signed the petition.
Judge Erik P. Kimball oversees the case.
Craig I. Kelley, Esq., at Kelley Kaplan & Eller, PLLC, represents
the Debtor as legal counsel.
VANTAGE INC: Wyse Group to Sell Assets on August 5
--------------------------------------------------
The Wyse Group ("Broker") is selling all rights, title and
interests in certain assets of Vantage Inc. and of certain of its
direct and indirect subsidiaries, which operate as an aggregator
hosting a portfolio of 18 Amazon brands with operational hubs in
the U.S. and Asia, over $12 million in inventory on hand, and
approximately 3,000 SKUs ("assets").
The assets will be sold to the highest qualified bidder at a public
auction to take place at 10:00 a.m. ET on Aug. 5, 2025, at the Law
offices of Seward & Kissel LLP, One Battery Park Plaza, New York,
New York 10004.
The deadline to submit an indication of interest is July 15, 2025,
and the deadline to submit a binding bid for the assets to qualify
for the auction is July 29, 2025, at 5:00 p.m. ET.
For additional information, contact the broker at:
The Wyse Group
Attn: Mike Wyse
671 Headquarters Plaza
West Tower, Floor 6
Morristown, NJ 07960
Email: mwyse@thewysegrp.com
VARIETY ACCESSORIES: Seeks Chapter 11 Bankruptcy in Texas
---------------------------------------------------------
On July 3, 2025, Variety Accessories LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Texas. According to court filing, the Debtor reports between
$100 million and $500 million in debt owed to 1,000 and 5,000
creditors. The petition states funds will be available to unsecured
creditors.
About Variety Accessories LLC
Variety Accessories LLC manufactures and distributes miscellaneous
accessories and craft products. The company operates in the
specialty consumer products sector that produces items such as
ribbons, gift packaging, craft supplies, and seasonal decorations.
Variety Accessories LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90184) on July 3,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
The Debtors are represented by Caroline A. Reckler, Esq. at Latham
& Watkins LLP.
VILLAGES HEALTH: Files Ch.11, Enters TVH Asset Purchase Agreement
-----------------------------------------------------------------
The Villages Health, the trusted healthcare system for The Villages
retirement community in Florida, announced on July 3, 2025, that it
is proceeding with a strategic restructuring to preserve the
business's day-to-day operations and further enhance patient care.
As part of this strategy, TVH voluntarily filed for bankruptcy in
the United States Bankruptcy Court for the Middle District of
Florida, Orlando Division, under Chapter 11 of the U.S. Bankruptcy
Code, and filed customary First Day Motions seeking relief on an
immediate basis to minimize any adverse delays or disruptions to
its daily operations.
In addition, after extensive negotiations and discussions,
CenterWell Senior Primary Care, the nation's largest senior-focused
value-based primary care provider, has entered into a "stalking
horse" Asset Purchase Agreement with TVH. The agreement provides
for CenterWell, the healthcare services business of Humana Inc., to
acquire TVH's assets as a going concern, including eight primary
care centers and two specialty care centers. A Court order
approving the sale, following an auction process during which other
parties may submit an offer to purchase TVH's assets, will be a
condition of the transaction moving forward and closing. In the
meantime, TVH will continue to fully operate its business and
manage its affairs without interruption during the sale process,
providing high-quality healthcare services to patients during this
transition period. Given CenterWell's payor-agnostic structure, TVH
patients are expected to have continued access to their current
provider following the closing of the transaction, regardless of
their selected insurance plan.
"TVH is a clinically excellent healthcare system. We believe this
plan of reorganization and planned transaction with CenterWell is
in the best interests of our patients, physicians, other
clinicians, employees, partners and community members, and will
ultimately result in a more promising future," said Dr. Elliot
Sussman, Chairman of the Board and physician founder of The
Villages Health. "Under CenterWell, this healthcare system will
continue to be a leading provider of patient-centered, primary
care-driven and community-based healthcare. Our primary goal
remains to keep our patients healthy and to heal them quickly, as
it has always been from the inception of TVH."
"CenterWell is excited to enter into this agreement with The
Villages Health and we look forward to helping TVH patients achieve
their best health through our personalized and integrated approach
to care," said Sanjay Shetty, M.D., President of CenterWell.
"This was by no means an overnight decision, nor has it been an
easy one. We want to reassure our community that there will not be
any effects on patient care experienced by our patient population,"
said Bob Trinh, Chief Executive Officer of The Villages Health."
"We will do everything we can to make this transition as seamless
as possible for our community. We are still the same doctors and
clinicians caring for our patients," said Dr. Jim Flaherty, Chief
Medical Officer at The Villages Health.
"The clinicians and staff at The Villages Health share our passion
for making sure each patient they see feels cared for and supported
as they seek to enjoy a healthy and active lifestyle," said Renee
Buckingham, President of CenterWell Senior Primary Care. "We look
forward to welcoming the TVH team to CenterWell Senior Primary Care
and working together to improve the health of the residents of The
Villages and the surrounding communities."
TVH is known for providing exemplary, patient-focused healthcare to
residents of North Central Florida, The Villages, and surrounding
communities, and TVH's medical providers have been fixtures in
their communities and trusted healthcare providers to their
patients for the past 13 years. TVH currently provides essential
care to more than 55,000 patients--many of whom are beneficiaries
of Medicare and Medicare Advantage plans.
In the Fall of 2024, TVH identified and immediately investigated a
potential set of problems with its Medicare billing practices, and
based on the results of that investigation, took immediate action
on several fronts to report and correct the situation, while also
proactively self-reporting the identified billing discrepancies to
relevant U.S. Government agencies. TVH has spent the past six
months working diligently with the Medicare program. This work
toward a resolution with the U.S. Government, estimated at hundreds
of millions of dollars in overpayments and likely significant
accompanying penalties, continues without interruption and is
independent of, and being conducted separately from, the
transaction with CenterWell.
About CenterWell
CenterWell is a leading health care services business focused on
creating integrated and differentiated experiences that put our
patients at the center of everything we do. The result is high
quality healthcare that is accessible, comprehensive, and, most of
all, personalized. As the largest provider of senior-focused
primary care, a leading provider of home healthcare, and a leading
integrated home delivery, specialty, hospice, and retail pharmacy,
CenterWell is focused on whole health and addressing the physical,
emotional and social wellness of our patients. CenterWell is part
of Humana Inc. (NYSE: HUM). Learn more about what we offer at
CenterWell.com.
About The Villages Health
The Villages Health is a premier healthcare provider in North
Central Florida that operates primary and specialty care centers,
helping its patients live healthy lives through a team-based
approach to patient care. In addition to primary care, TVH's
healthcare providers provide specialty care services in the fields
of audiology, behavioral and mental health, cardiology, dietetics,
endocrinology, gastroenterology, gynecology, international pain,
neurology, podiatry, rheumatology, and urology. For more
information, please visit thevillageshealth.com.
VISION2SYSTEMS LLC: Seeks to Extend Plan Exclusivity to August 19
-----------------------------------------------------------------
Vision2Systems LLC asked the U.S. Bankruptcy Court for the Northern
District of Texas to extend its exclusivity periods to file a plan
of reorganization and obtain acceptance thereof to August 19 and
October 17, 2025, respectively.
The Debtor explains that it has sent a draft plan to counsel for
the Official Committee of Unsecured Creditors (the "Committee") and
counsel for Cypress Growth Capital, LLC ("CGC"), Debtor's largest
secured creditor.
Since then, the Debtor has been actively engaged in talks and
negotiations with the U.S. Trustee and counsel for the Committee
and counsel for CGC regarding the terms of its proposed plan, in an
attempt to circumvent any potential objections thereto, and is
awaiting comments from the parties related to the same. As a
result, the plan has not yet been filed.
As of the time of filing, the Committee has indicated it does not
oppose the relief requested herein. Both the U.S. Trustee's Office
and CGC have indicated that they take no position on the relief
requested at this time.
The Debtor claims that its efforts to propose a confirmable plan
require further conversations and negotiations with parties in
interest and such negotiations are ongoing. The Debtor is actively
working toward the prompt filing of a confirmable plan.
Vision2Systems LLC:
Jason P. Kathman, Esq.
Camber M. Jones, Esq.
Alex S. Anderson, Esq.
Spencer Fane LLP
5700 Granite Parkway, Suite 650
Plano, TX 75024
Tel: (972) 324-0300
Fax: (972) 324-0301
Email: jkathman@spencerfane.com
Email: cjones@spencerfane.com
Email: alanderson@spencerfane.com
About Vision2systems LLC
Vision2Systems LLC founded in 2012, is a software company based in
Dallas, Texas, that provides online giving and membership
management platforms tailored for churches. The platform offers
solutions for accounting, donations, event planning, and overall
church management.
Vision2Systems LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-40583) on Feb. 19,
2025. In its petition, the Debtor estimated assets and liabilities
between $1 million and $10 million each.
The Debtor is represented by Jason P. Kathman, Esq., at SPENCER
FANE.
VIVA LIBRE: Seeks to Hire Rowland & Abbis CPAs as Accountant
------------------------------------------------------------
Viva Libre Restaurant Concepts, Inc. seeks approval from the U.S.
Bankruptcy Court for the Central District of California to hire
Rowland & Abbis CPAs, LLP as its accountant.
The firm's services include:
a. reconciling Debtor's general book-keeping on a monthly
basis; and
b. preparing and providing financial reporting to be made in
connection with this case, including but not limited to income and
expense reports, financial statements, tax returns, monthly
operating reports and providing data necessary for interim
statements and operating reports.
The firm will charge $300 per hour for its services.
As disclosed in the court filings, Rowland & Abbis CPAs is a
"disinterested person" as defined by 11 U.S.C. Section 101(14).
The firm can be reached through:
Gerard Rowland, CPA
Rowland & Abbis CPAs, LLP
2082 Business Center Drive, Suite 172
Irvine, CA 92612
Phone: (949) 752-1040
About Viva Libre Restaurant Concepts
Viva Libre Restaurant Concepts Inc. operates Blue Agave Southwest
Grill, a Mexican and Southwestern fusion restaurant based in Yorba
Linda, California. The restaurant offers dishes like Mahi Mahi,
Mazatlan Mango Wrap and Montego Bay Coconut Shrimp.
Viva Libre filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-11186) on May 1,
2025. In its petition, the Debtor reported between $500,000 and $1
million in assets and between $1 million and $10 million in
liabilities.
Judge Theodor Albert handles the case.
The Debtor is represented by Christopher James Langley, Esq., at
Shioda Langley & Chang, LLP.
WA3 PROPERTIES: Seeks to Sell 3 Properties to Highest Bid
---------------------------------------------------------
WA3 Properties Renton LLC and its affiliates, WA3 Properties Talbot
LLC and WA3 Properties Univ LLC, seek approval from the U.S.
Bankruptcy Court for the Eastern District of New York, to sell
Properties, free and clear of liens, claims, and encumbrances.
The Debtors' Properties that are up for sale are: 80 SW 2nd Street,
Renton, Washington 98057 (Renton Property); 4430 Talbot Rd S,
Renton, Washington 98055 (Talbot Property); and 5520 Bridgeport Way
W, University Place, Washington 98467 (University Property).
Each of Renton, Talbot, Univ, and Prest are under the ultimate
common control of Goldner Capital Management LLC, of which Samuel
Goldner is the manager.
Each of Renton, Talbot, and Univ is owned by Wash Three Propco
Holdings LLC, which is owned by GCM Wash LLC, which is ultimately
owned by Goldner Capital Management LLC.
Prest is owned by Parkside Union Propco Holdings LLC, which is
owned by GCM Parkside LLC,3 which is ultimately owned by Goldner
Capital Management LLC.
Each Debtor's Plan is a liquidating plan with the centerpiece being
the sale of the Debtor's Properties. The Properties are offered for
sale either as a package or individually, with the exception of the
Renton and Talbot Properties, which must be sold together, as they
are encumbered by a blanket mortgage. Offers to purchase the
Properties as a group must include an allocation of the Purchase
Price for each Property.
The Debtors seek to reserve the right to enter into a stalking
horse contract with a potential purchaser or purchasers (Stalking
Horse Bidders). If such a Bidder is selected, approval of same
shall be sought from the Bankruptcy Court on shortened notice and
all parties that have expressed an interest in the Properties shall
be given notice.
The Debtors retain Blueprint Healthcare Real Estate Advisors, LLC
as brokers in the cases.
The Lenders, tenants and the Debtors have cooperated in assembling
the information needed for the Data room and documents continue to
be added to it as they become available.
Renton and Talbot are indebted to Merchants Bank of Indiana
pursuant to that certain Promissory Note in the original principal
amount of $35,000,000 dated May 5, 2022.
Univ is indebted to Merchants Bank of Indiana pursuant to that
certain Promissory Note in the original principal amount of
$15,110,000 dated July 19, 2022.
Pursuant to loan documents, that certain Loan Agreement, dated
November 18, 2022, by and among the Debtor, Prest OP, LLC, and
Greystone Servicing Company LLC as predecessor-in-interest to
Secured Creditor of the Property.
The Debtors seek authority to sell the Properties together or
separately at auction without a Stalking Horse Offer, to the extent
an acceptable Stalking Horse Offer cannot be achieved before the
auction, and is also requesting the right to designate, on a later
date, a Stalking Horse Purchaser for the sale of the Properties,
with such Stalking Horse Offer being subject to approval of the
Court in advance of the auction pursuant to the terms in the
Stipulated Bid Procedure.
The Successful Bidder or Bidders shall be required to close title,
provided title is clear to close and as provided for herein, within
60 days following the date of entry of a Bankruptcy Court Order
approving the Sale.
The Successful Bidder or Bidders are solely responsible for the
payment of any and all Transfer/Recording Fees/Taxes/Mansion Taxes
in connection with the sale of the Properties unless these closings
take place after the confirmation of the Debtors' plans of
reorganization, in which case the terms of those plans control.
The Debtors maintain that the procedures constitute appropriate
bidding procedures under the facts and circumstances of the case.
In order to maximize the benefit to the Debtors' estates, and seek
to implement the competitive bidding process given the nature of
the proposed transaction.
Debtors request that the Court allow them to sell the estate's
interest in the Properties free and clear of all liens, claims,
encumbrances and other interests with such liens, claims,
encumbrances and other interests attaching to the proceeds of sale
in the order, priority and validity that they may exist.
About WA3 Properties Renton LLC
WA3 Properties Renton, LLC owns a 99-bed skilled nursing facility
at 80 SW 2nd Street, Renton, Wash., in fee simple title, with a
valuation of $10 million.
WA3 filed Chapter 11 petition (Bankr. E.D. N.Y. Case No. 25-71121)
on March 24, 2025, listing $11,887,584 in assets and $8,129,000 in
liabilities. Samuel Goldner, manager of WA3, signed the petition.
Judge Louis A. Scarcella oversees the case.
Avrum J. Rosen, Esq., at Law Offices of Avrum J. Rosen, PLLC
represents the Debtor as bankruptcy counsel.
WATCHTOWER FIREARMS: Seeks to Extend Plan Exclusivity to Sept. 25
-----------------------------------------------------------------
Watchtower Firearms LLC asked the U.S. Bankruptcy Court for the
Northern District of Texas to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
September 25 and November 25, 2025, respectively.
Here, the relevant factors strongly favor initial extensions of the
Exclusivity Periods.
* The size and complexity of the case. As the Court has noted
on a couple of occasions, while this case is not the largest, it is
complicated by, among other things, numerous interested parties'
active participation and numerous allegations. Indeed, the Debtor
qualified as a complex chapter 11 case under the Court's Local
Rules.
* The terms of a chapter 11 plan will depend on the outcome of
the Sale Motion. Through the Sale Motion, the Debtor proposes to
sell all of its assets, the proceeds of which will be used to
satisfy the obligations owed to all of the Debtor's stakeholders.
The Debtor also has pending litigation against the Landlord that
can be used to fund a chapter 11 plan. Furthermore, the Debtor's
ongoing obligations, including its lease obligations, will impact
the terms of a plan of reorganization.
* The Debtor has made significant progress in negotiating in
good faith with all creditors and working towards a viable chapter
11 plan. The Debtor negotiated with the Committee, secured lenders
and the DIP Lender to accomplish the relief requested in the Sale
Motion, which contains agreed-upon terms for a sale within 60 days.
The Debtor also reached a global resolution with the Committee,
secured lenders and the DIP Lender on agreed-upon terms for the DIP
Facility, which will provide necessary funding for the Debtor to be
sold at the highest value.
* The Debtor is not seeking to extend exclusivity to pressure
creditors, and an extension of the exclusivity periods will not
prejudice creditors. The Debtor has not sought an extension of
exclusivity to pressure creditors or other parties in interest. On
the contrary, all creditor constituencies are benefitted by
providing the Debtor with sufficient time to continue to negotiate
the terms of a chapter 11 plan and determine what transaction or
combination of transactions will provide the greatest value to its
estate and the greatest recovery to its creditors.
* The Debtor has demonstrated reasonable prospects for filing
a viable plan of reorganization. Through its strategic planning,
efficient management of operations and open discussions with all
its stakeholders, the Debtor a quick exit from bankruptcy. The
Debtor's chapter 11 case has thus far been successful, and there is
no reason to doubt it will continue in an upward trajectory.
* Significant time has not elapsed in these chapter 11 cases.
This is the Debtor's first request for an extension of the
Exclusivity Periods and will result in a total extension of the
Exclusivity Periods by approximately 93 days. Moreover, as set
forth in the Sale Motion, the proposed Sale of the Debtor's assets
should be approved by August 24, 2025, which timing should provide
the Debtor with sufficient time to meet the proposed extended
Exclusivity Period.
Watchtower Firearms LLC is represented by:
H. Joseph Acosta, Esq.
CONDON TOBIN SLADEK THORNTON
NERENBERG PLLC
8080 Park Lane, Suite 700
Dallas, TX 75231
Tel: (214) 265-3852
Fax: (214) 265-3800
Email: jacosta@condontobin.com
About Watchtower Firearms LLC
Watchtower Firearms LLC is a veteran-owned company offering a
diverse range of firearms, including custom rifles, special edition
rifles, and handguns. The Company serves military, law
enforcement, hunting, and personal use markets. In addition to
firearms, it provides suppressors, components, and specialized gear
tailored to meet the needs of its customers.
Watchtower Firearms LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-40684) on Feb. 27,
2025. In its petition, the Debtor estimated assets and liabilities
between $10 million and $50 million each.
Joseph Acosta, Esq., at CONDON TOBIN, represents the Debtor as
counsel.
WATCHTOWER FIREARMS: Wins Final DIP Approval, Eyes Ch. 11 Exit
--------------------------------------------------------------
WATCHTOWER Firearms is proud to announce that the United States
Bankruptcy Court for the Northern District of Texas, Fort Worth
Division, has granted final approval for a significant amount of
Debtor-in-possession financing. This financial support is
substantial and empowers WATCHTOWER Firearms to maintain
operational continuity, reinforce the Company's position as it
moves forward in its growth trajectory, and drive it towards a
near-term exit from Chapter 11.
The approved DIP financing will be used to maintain essential
business operations, including the purchase of materials and parts
necessary for manufacturing WATCHTOWER firearms, along with
providing top-tier sales and service to customers. WATCHTOWER
Firearms is exploring strategic options to enhance and maximize
value for all its stakeholders.
"WATCHTOWER Firearms is an excellent company with great people
known for its high-quality products and well-earned reputation for
excellence," stated Jason Colosky, Founder and CEO. "To navigate
the current challenges facing the company, we determined that
decisive action is necessary to re-position and grow the company.
We are confident that these steps will position the business for
long-term success.
"We want to thank our customers, vendors, lenders, and stakeholders
for their unwavering support, which reflects their confidence in
our business and our team. This support will enable us to navigate
swiftly through the court-supervised process. We remain committed
to maintaining the highest standards of operational excellence
across all our products. We are continuing our operations without
compromise to our high standards and customer service. The Company
remains dedicated to working collaboratively with its stakeholders
-- employees, customers, and creditors -- to achieve a successful
and effective restructuring outcome."
WATCHTOWER Firearms is dedicated to transparency and open
communication with all stakeholders as it navigates this
restructuring phase. The company anticipates emerging from this
process as a stronger and more nimble entity, prepared to meet the
evolving needs of its customers and the market.
About Watchtower Firearms LLC
Watchtower Firearms LLC is a veteran-owned company offering a
diverse range of firearms, including custom rifles, special edition
rifles, and handguns. The Company serves military, law enforcement,
hunting, and personal use markets. In addition to firearms, it
provides suppressors, components, and specialized gear tailored to
meet the needs of its customers.
Watchtower Firearms LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-40684) on February
27, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Joseph Acosta, Esq. at CONDON TOBIN represents the Debtor as
counsel.
WB BRIDGE HOTEL: Court Narrows Claims in 206 Kent, et al. Case
--------------------------------------------------------------
The Honorable Kyu Y. Paek of the United States Bankruptcy Court for
the Southern District of New York granted in part and denied in
part 206 Kent Investor II LLC, et al.'s motion to dismiss the
adversary proceeding captioned as NAT WASSERSTEIN, as TRUSTEE of
the WB BRIDGE CREDITOR TRUST, Plaintiff, -against- 206 KENT
INVESTOR II LLC, et al., Defendants, Adv. Pro. No. 22-07059 (KYP)
(Banrk. S.D.N.Y.).
The Defendants are:
-- 206 Kent Investor II LLC, 206 Kent Investor III LLC, 206
Kent Investor LLC, 206 Kent Mezz LLC;
-- Cornell 46 LLC, Cornell 159 LLC, Cornell 245-247 LLC,
Cornell 251-247 LLC, Cornell 251-253 LLC, Cornell 251253 LLC,
Cornell 257 LLC, Cornell 259 LLC, Cornell 46 LLC, Cornell Bedford
Holdings LLC, Cornell Bedford Member DE LLC, Cornell Crown LLC,
Cornell Keap Holdings LLC, Cornell Kent Holdings LLC, Cornell
Meeker Holdings LLC, Cornell Meserole DE LLC, Cornell Meserole
Holdings LLC, Cornell Myrtle II LLC, Cornell Myrtle LLC, Cornell
Realty Management LLC, Cornell Scholes Holdings LLC, Cornell West
34 II LLC, Cornell West 34 Owner LLC; and
-- Isaac Hager
The Defendants have moved to dismiss the claims asserted against
them in the Amended Complaint, dated Oct. 25, 2024.
Wasserstein, as trustee of the WB Bridge Creditor Trust, opposes
the Motion to Dismiss.
WB Bridge Hotel LLC was the fee owner of real property located at
159 Broadway, Brooklyn, New York and was developing the Property
into a 26-story hotel with retail space. At the onset of the
COVID-19 pandemic, the Debtor and its parent company 159 Broadway
Member LLC, attempted to consensually restructure their debts but
were unsuccessful.
Hager -- either directly or through entities he owns and/or
controls -- is the beneficial owner of most of the equity interests
in (i) each of the Entity Defendants, (ii) 159 Broadway, and (iii)
the Debtor.
Prior to the Petition Date, Hager caused the Debtor to transfer
funds to the Entity Defendants without causing the transferees to
provide fair consideration or reasonably equivalent value in
return. The Amended Complaint alleges that the Debtor was insolvent
and owed debts to unsecured creditors when each transfer was made.
The transfers totaling $2,862,550 were made to one of three bank
accounts owned by a non-party entity identified in the Amended
Complaint as "Cornell Realty LLC" with bank account numbers ending
in 0290, 2276, and 3971.
In addition to the Cornell Transfers, the Debtor made certain
transfers totaling $103,100.00 to the 0290 Account and 3971 Account
with a notation in the Debtor's books and records indicating that
those transfers were for the benefit of one or more of the Kent
Defendants.
The first amended plan of liquidation in the Debtors' Chapter 11
cases was confirmed on July 7, 2022, and became effective on Nov.
16, 2022. The plan created the Creditor Trust and empowered the
Trustee to assert certain causes of action.
The Trustee commenced this adversary proceeding on Dec. 20, 2022,
and filed the Amended Complaint on Oct. 25, 2024. The Amended
Complaint contained nineteen Counts.
The Defendants filed the Motion to Dismiss the claims in the
Amended Complaint on Jan. 7, 2025. The Defendants argue that the
Amended Complaint fails to cure the deficiencies in the original
complaint. They point out that the only transferee identified in
the Amended Complaint is "Cornell Realty LLC" -- an unknown entity
that is not a party to this action. According to the defendants,
the Intentional Fraud Claims should be dismissed because the
Amended Complaint fails to allege fraud with particularity. They
further contend the Amended Complaint did not sufficiently allege
that the Kent Defendants were the intended beneficiaries of the FBO
Kent Transfers. They also assert that Unjust Enrichment Claims were
insufficiently pled, and such a claim cannot be used as a catchall
when other claims fail.
The Trustee filed his objection on March 4, 2025. Initially, the
Trustee states that the entity referred to as "Cornell Realty LLC"
in the Amended Complaint is actually Entity Defendant "Cornell
Realty Management LLC." He argues that the Constructive Fraud
Claims meet the pleading requirements under Federal Civil Rule
8(a), the Intentional Fraud Claims meet the pleading requirements
under Federal Civil Rule 9(b), and the Unjust Enrichment Claims are
sufficiently pled.
Counts 2, 3, 4, and 6 seek avoidance of the Pre-Petition Transfers
from the Cornell Defendants on the basis that they were the
recipients of the transfers. The Pre-Petition Transfers were
transferred into one of the three Bank Accounts. The issue is
whether the Trustee's typographical error identifying the wrong
transferee should result in the dismissal of his claims against
Cornell Realty Management LLC.
According to the Court, the circumstances suggest that the Trustee
committed the lesser sin of mislabeling the right defendant. There
are 23 Cornell Defendants, all of which have the word "Cornell" in
the name. These entities share employees and a principal place of
business, and, according to the Trustee, maintained their books and
records in a manner that made it difficult, if not impossible, to
determine which of his entities was receiving each transfer.
According to the Court, although it would have been highly
preferable for the Trustee to have identified the correct
transferee in the Amended Complaint, some confusion on his part is
understandable.
The Court also finds the allegations against the remainder of the
Cornell Defendants are deficient. The Amended Complaint states that
the Cornell Defendants enjoyed a beneficial and equitable interest
in each Cornell Account because Hager disregarded corporate
formalities among the entities. Whereas the Amended Complaint (as
clarified in the Trustee Brief and at oral argument) alleges that
Cornell Realty Management LLC was the owner of the Bank Accounts,
it fails to include any non-conclusory allegation that the other
Cornell Defendants exercised dominion over the funds in the Bank
Accounts. Therefore, Counts 2, 3, 4, and 6 are dismissed except to
the extent the claims seek avoidance and recovery of transfers made
to Cornell Realty Management LLC as initial transferee, the Court
holds.
Counts 9, 10, and 11 seek avoidance and recovery of the FBO Kent
Transfers on the theory that those transfers were made for the
benefit of the Kent Defendants.
As alleged in the Amended Complaint, the Debtor's books and records
indicate that the FBO Kent Transfers were made into the Bank
Accounts for the benefit of one or more of the Kent Defendants.
According to the Court, at the pleading stage, this generalized
allegation regarding indicative notations in the books and records
is sufficient to plausibly plead claims against the Kent
Defendants, particularly where, as in this case, the Debtor's books
and records are difficult to understand. Thus, the Motion to
Dismiss is denied as to Counts 9, 10, and 11.
Counts 14, 15, 16, and 18 seek avoidance and recovery of the
Pre-Petition Transfers from Hager on the basis that Hager was an
intended beneficiary of each of the Pre-Petition Transfers.
The Court finds the Amended Complaint does not allege that these
transfers extinguished debts or obligations owed by Hager or
otherwise explain how Hager was the intended beneficiary of these
transfers. An ownership interest in the transferor and transferee,
without more, does not give rise to an assumption that the owner is
the intended beneficiary of the transfer. Thus, Counts 14, 15, 16,
and 18 are dismissed.
The Intentional Fraud Claims comprising Counts 1, 5, 8, 13, and 17
rely on section 548(a)(1)(A) of the Bankruptcy Code or N.Y. DCL
Sec. 276 (repealed 2019).
According to the Court, the allegations in this case fall short of
meeting the relaxed version of the Rule 9(b) pleading standard.
There is no particularized allegation to support the conclusion
that the transfers were made with an intent to hinder, delay, or
defraud creditors. Therefore, Counts 1, 5, 8, 13, and 17 are
dismissed.
Counts 7, 12, and 19 seek recovery from the Cornell Defendants,
Kent Defendants, and Hager, respectively, on the theory that they
were unjustly enriched by the Pre-Petition Transfers.
In this case, the Unjust Enrichment Claims duplicate the fraudulent
transfer claims. Therefore, the Unjust Enrichment Claims are
dismissed.
In sum, the Court ruled as follows:
* the Intentional Fraud Claims (Counts 1, 5, 8, 13, and 17) are
dismissed;
* the Unjust Enrichment Claims (Counts 7, 12, and 19) are
dismissed;
* the Constructive Fraud Claims against the Cornell Defendants
(Counts 2, 3, 4, and 6) are dismissed except to the extent that the
claims seek to avoid and recover transfers from Cornell Realty
Management LLC as initial transferee;
* the Constructive Fraud Claims against Hager (Counts 14, 15,
16, and 18) are dismissed; and
* the Motion to Dismiss is denied as to the Constructive Fraud
Claims against the Kent Defendants (Counts 9, 10, and 11).
A copy of the Court's Memorandum Decision dated June 30, 2025, is
available at https://urlcurt.com/u?l=MvCjkw from PacerMonitor.com.
Counsel to Nat Wasserstein, Trustee of the WB Bridge Creditor
Trust:
Anthony C. Acampora, Esq.
David J. Mahoney, Esq.
Brian Powers, Esq.
RIMON P.C.
100 Jericho Quadrangle, Suite 300
Jericho, NY 11753
E-mail: anthony.acampora@rimonlaw.com
brian.powers@rimonlaw.com
Counsel to Defendants:
Scott A. Steinberg, Esq.
Kimberly A. Ahrens, Esq.
MELTZER, LIPPE, GOLDSTEIN & BREITSTONE, LLP
190 Willis Avenue
Mineola, NY 11501
E-mail: kahrens@meltzerlippe.com
About WB Bridge Hotel
WB Bridge Hotel LLC and 159 Broadway Member LLC are the owners of a
hotel and residential tower project in Brooklyn's hip Williamsburg
neighborhood. The project covers a planned 26-story tower at 159
Broadway in Brooklyn, N.Y., that includes apartments and a 235-room
hotel across the street from the legendary Peter Luger Steakhouse.
The Debtors are affiliated with Hollywood, Fla.-based GC Realty
Advisors LLC. They are also affiliated with 85 Flatbush RHO Mezz
LLC, the owner of the Tillary Hotel Brooklyn, located at 85
Flatbush Extension, Brooklyn, N.Y.
WB Bridge Hotel and 159 Broadway Member sought Chapter 11
protection (Bankr. S.D.N.Y. Lead Case No. 20-23288) on Dec. 21,
2020. The Debtors were each estimated to have $10 million to $50
million in assets and liabilities.
Judge Robert D. Drain oversees the cases.
Robinson Brog Leinwand Greene Genovese & Gluck PC is the Debtors'
legal counsel.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped SilvermanAcampora, LLP, as its legal counsel.
Secured creditor 159 Broadway 1 LLC is represented by KRISS &
FEUERSTEIN LLP.
WEST COUNSELING: Gets Extension to Access Cash Collateral
---------------------------------------------------------
West Counseling, PLLC received another extension from the U.S.
Bankruptcy Court for the Western District of North Carolina,
Charlotte Division, to use cash collateral.
At the hearing held on July 8, the court granted the Debtor's
motion to use cash collateral on an interim basis and set a further
hearing on the motion for August 5.
The court's previous interim order issued on July 1 allowed the
Debtor to access cash collateral to pay its operating expenses in
line with its budget and provided protection to secured creditors
in the form of replacement liens on post-petition assets.
The secured creditors, identified through UCC filings, include the
Carolina Small Business Development Fund, the U.S. Small Business
Administration, and Corporation Service Company. The Debtor's bank,
Truist, is believed not to hold a secured claim.
About West Counseling PLLC
West Counseling, PLLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. N.C. Case No. 25-30504) on May
18, 2025. In the petition signed by Andrew West, chief executive
officer, the Debtor disclosed up to $100,000 in assets and up to
$500,000 in liabilities.
Judge Ashley Austin Edwards oversees the case.
John C. Woodman, Esq., at Essex Richards PA, represents the Debtor
as legal counsel.
WHISKEY RANCH: Amends Plan to Resolve Sig & UST's Claim Issues
--------------------------------------------------------------
Whiskey Ranch Estates, LLC, submitted an Amended Disclosure
Statement describing Chapter 11 Plan dated June 18, 2025.
Whiskey Ranch Estates filed its initial disclosure statement on May
6, 2025. At the core of the plan confirmation process lies
resolving the value of the property and extent of equity in the
property, both issues that will be determined at the upcoming June
30, 2025 trial.
Since then, the UST and Sig Ventures have objected to the
disclosure statement. This document reflects changes required to
address the UST's objections, but before a finalized plan and
final-form disclosure statement can be completed, the Court needs
to complete its claims estimation process regarding the Sig
Ventures' senior secured claim.
While the amended disclosure statement evidences progress in plan
confirmation, the Debtor-in-Possession does not plan to advocate at
the hearing for the adoption or approval of the current amended
disclosure statement. Whiskey Ranch Estates needs more input from
the Court which will occur after the motion for partial summary
judgment, and after the upcoming trial, after which it will be
ready to finalize its plan and amended disclosure statement.
The cornerstone of the Plan is to sell the Property free and clear
of liens for the highest cash price, once horizontal completion of
the lots is completed and the Plat has been approved.
Like in the prior iteration of the Plan, Class 5 non-priority
unsecured claimants will receive their pro rata share of the
proceeds available following the sale of the Property pursuant to
the Plan. The allowed unsecured claims total $1,510,293.74. This
Class will receive a distribution of 100% of their allowed claims.
Plan payments will be funded by the proceeds of a sale of the Real
Property. The sale is expressly contemplated to occur prior to the
12th month following the Effective Date. Upon sale, all allowed
claims under this Plan shall be paid. The Debtor reasonably
projects that there will be sufficient funds from the foregoing
sources to pay each class of claims in full, subject to the
anticipated favorable outcome of the adjudication of the Class 2
claim.
The expected sale value of the 39 lots is $9.75 million, which
reflects the range discussed and agreed to by Gregg Smith
historically of $250k average per lot. The tax assessed value of
the properties is a floor on value, and even it exceeds $10
million. There further is a Builders Capital appraisal indicating
that the property in completed horizontal state, has a value of
$13.75 million. The value of the property has not fallen over
time.
By contrast, the accurate value of Gregg Smith's secured claim,
after offsets and the deletion of interest is perhaps $5 million.
By undertaking a sales process in bankruptcy with completed
horizontal construction, the highest and best price would be
achieved. In a chapter 7 liquidation, you would not get the
$200,000 savings of excise tax, and a hypothetical trustee would
not, as the receiver before him, complete construction or get a
sales price that paid out anyone other than Gregg Smith/Sig
Ventures. That would cause perhaps a million dollars of loss.
A full-text copy of the Amended Disclosure Statement dated June 18,
2025 is available at https://urlcurt.com/u?l=sKhY8e from
PacerMonitor.com at no charge.
About Whiskey Ranch Estates
Whiskey Ranch Estates, LLC, owns 39 lots of undeveloped property in
Chelan, WA 98816, located at Northshore Division II Lots 2-40.
On Jan. 17, 2025, a group of creditors including Mi Tierra Real
Estate Investments, Inc., J&K Earthworks, Inc. and Triumph Asset
Management, LLC, filed involuntary Chapter 11 petition against
Whiskey Ranch Estates (Bankr. E.D. Wash. Case No. 25-00095) on
January 17, 2025.
The Debtor did not oppose the involuntary petition, saying that it
now wishes to proceed with a Chapter 11 bankruptcy. As a result,
an order for relief for the Chapter 11 case was entered on Jan. 22,
2025.
Whiskey Ranch Estates is represented by:
Benjamin A. Ellison, Esq.
Salish Sea Legal, PLLC
2212 Queen Anne Ave N., No. 719
Seattle, WA 98109
Tel: 206-257-9547
Email: salishsealegal@outlook.com
WHITESTONE INDUSTRIAL: Hires Troutman Pepper as Delaware Counsel
----------------------------------------------------------------
Frances A. Smith, plan agent of Whitestone Industrial-Office LLC
and its affiliates seek approval from the U.S. Bankruptcy Court for
the Northern District of Texas to hire Troutman Pepper Locke LLP as
his Delaware counsel.
Troutman will be employed to represent Mr. Smith for the limited
purpose of advising him in connection with a case pending in the
Court of Chancery of the State of Delaware styled Whitestone REIT
Operating Partnership, L.P. v. Pillarstone Capital REIT, Case No.
C.A. No. 2022-0607-LWW, and any appeals therefrom.
The firm will be paid at these rates:
David M. Fournier $1,480
Joanna J. Cline $1,330
Emily L. Wheatley $960
Monica A. Molitor (paralegal) $470
Joanna J. Cline, Esq., an attorney at Troutman Pepper Locke,
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:
Joanna J. Cline, Esq.
Emily L. Wheatley, Esq.
Troutman Pepper Locke LLP
1313 N. Market Street, Suite 1000
Wilmington, DE 19801
Tel: (302) 777-6500
Email: joanna.cline@troutman.com
emily.wheatley@tourtman.com
About Whitestone Industrial-Office LLC
Whitestone Industrial-Office LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex.
Case No. 24-30653) on March 4, 2024, listing $10 million to $50
million in assets and $1 million to $10 million in liabilities. The
petition was signed by Bradford Johnson as authorized
representative.
Judge Scott W. Everett presides over the case.
Joyce W. Lindauer, Esq. at Joyce W. Lindauer Attorney, PLLC
represents the Debtor as counsel.
WINDTREE THERAPEUTICS: Fails to Meet Nasdaq Bid Price Rule
----------------------------------------------------------
Windtree Therapeutics, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
received a deficiency letter from the Nasdaq Listing Qualifications
Department notifying the Company that, for 30 consecutive business
days from June 18, 2025, the closing bid price for the Company's
common stock, par value $0.001 per share, has been below the
minimum $1.00 per share required for continued listing on The
Nasdaq Capital Market pursuant to Nasdaq Listing Rule 5550(a)(2).
Normally, a company would be afforded a 180-calendar day period to
demonstrate compliance with the Minimum Bid Price Requirement.
However, as previously disclosed, the Company is subject to a
Discretionary Panel Monitor until March 20, 2026, pursuant to
Listing Rule 5815(4)(A). Moreover, pursuant to Listing Rule
5810(c)(3)(A)(iv), the Company is not eligible for any compliance
period specified in Rule 5810(c)(3)(A) because the Company effected
two reverse stock splits over the prior two-year period with a
cumulative ratio of more than 250 shares to one.
Accordingly, unless the Company requested a hearing before a
Hearings Panel, the Company's securities would be subject to
suspension/delisting. The Company intends to timely request a
hearing before the Panel. The hearing request will automatically
stay any suspension or delisting action pending the hearing and the
expiration of any additional extension period granted by the Panel
following the hearing. There can be no assurance that the Panel
will grant the Company an additional extension period or that the
Company will ultimately regain compliance with all applicable
requirements for continued listing on The Nasdaq Capital Market.
The Bid Price Deficiency Letter will not have an immediate effect
on the listing of the Common Stock, and the Common Stock will
continue to trade on The Nasdaq Capital Market under the symbol
"WINT" at this time.
About Windtree Therapeutics
Headquartered in Warrington, Pennsylvania, Windtree Therapeutics,
Inc. -- windtreetx.com -- is a biotechnology company focused on
advancing early and late-stage innovative therapies for critical
conditions and diseases. The Company's portfolio of product
candidates includes: (a) istaroxime, a Phase 2 candidate that
inhibits the sodium-potassium ATPase and also activates sarco
endoplasmic reticulum Ca2+ -ATPase 2a, or SERCA2a, for acute heart
failure and associated cardiogenic shock; preclinical SERCA2a
activators for heart failure; rostafuroxin for the treatment of
hypertension in patients with a specific genetic profile; and a
preclinical atypical protein kinase C iota, or aPKCi, inhibitor
(topical and oral formulations), being developed for potential
application in rare and broad oncology indications. The Company
also has a licensing business model with partnership out-licenses
currently in place.
Philadelphia, Pennsylvania-based EisnerAmper LLP, the company's
auditor since 2022, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended Dec. 31, 2024, citing that
the Company has suffered recurring losses from operations and
expects to incur losses for the foreseeable future, that raise
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, Windtree Therapeutics had $27.9 million in
total assets, $14.7 million in total liabilities, $3.2 million in
total mezzanine equity, and a total shareholders' equity of $10
million.
WISCONSIN & MILWAUKEE: Hires SSG Advisors as Investment Banker
--------------------------------------------------------------
Wisconsin & Milwaukee Hotel LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Wisconsin to employ
SSG Advisors, LLC as investment banker.
The firm will assist in the structuring, preparation and
implementation of an equity rights offering (the "Offering"), to be
made as part of the Debtor's Chapter 11 plan, involving existing
equity holders and general unsecured creditors.
The firm will be paid at these rates:
a. Initial Fee. An initial fee (the "Initial Fee") equal to
$30,000, payable upon Bankruptcy Court approval of this Engagement
Agreement.
b. Monthly Fees. Monthly fees (the "Monthly Fees") of $30,000
per month payable beginning July 15, 2025 and on the fifteenth
(15th) of each month thereafter throughout the Engagement Term (as
such term is hereafter defined).
c. Transaction Fee. Upon the consummation of an Offering, SSG
shall be entitled to a fee (the "Transaction Fee"), payable in
cash, in federal funds via wire transfer or certified check, prior
in right to any pre- and post-petition secured debt, equal to the
greater of (a) $300,000; or (b) five percent (5.0%) of new value
raised through a rights offering, and capped at $400,000.
The Transaction Fee shall be reduced by 50% of the Initial Fee and
the Monthly Fees paid.
d. In addition to the foregoing Initial Fee, Monthly Fee and
Transaction Fee noted above whether or not an Offering is
consummated, SSG will be entitled to reimbursement for all of SSG's
reasonable and documented out-of-pocket expenses incurred in
connection with services provided to the Debtor pursuant to its
engagement, in accordance with the ordinary and customary rates
which are in effect on the date the services are rendered by SSG,
including, but not limited to, photocopies, postage, mileage
(charged at the IRS rate in effect on the date of travel), and any
other incidental costs advanced by SSG specifically for these
matters, at the rates commonly charged for such costs to other SSG
clients
J. Scott Victor, a managing director at SSG Advisors, 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:
J. Scott Victor
SSG Advisors LLC
300 Barr Harbor Drive, Suite 420
West Conshohocken, PA 19428
Telephone: (610) 940-5802
Email: jsvictor@ssgca.com
About Wisconsin & Milwaukee Hotel
Wisconsin & Milwaukee Hotel LLC is a Wisconsin limited liability
company with its principal place of business in Milwaukee,
Wisconsin.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. E.D. Wisc. Case No. 24-21743) on April 9, 2024. In the
petition signed by Mark Flaherty, as manager, the Debtor disclosed
up to $50 million in both assets and liabilities.
Judge G. Michael Halfenger oversees the case.
Michael P. Richman, at RICHMAN & RICHMAN LLC, is the Debtor's legal
counsel.
WOLFSPEED INC: Gregor van Issum Appointed Chief Financial Officer
-----------------------------------------------------------------
Wolfspeed, Inc. announced the appointment of Gregor van Issum as
Chief Financial Officer (CFO), effective September 1, 2025,
following a comprehensive review of internal and external
candidates. Van Issum succeeds Kevin Speirits, who is serving as
Interim Chief Financial Officer and will remain with Wolfspeed to
support the Company and ensure a smooth transition. He will be
relocating to North Carolina and be based at company headquarters
in Durham, NC, reporting to Wolfspeed CEO, Robert Feurle.
Van Issum brings more than 20 years of experience in
transformational restructuring and strategic financing positions
across the technology industry. Through senior roles at
semiconductor manufacturers ams-OSRAM AG and NXP Semiconductors
N.V., he gained an in-depth understanding of how to lead
organizations through dynamic business cycles. Most recently, van
Issum served as Executive Vice President, Group Controller at
ams-OSRAM, where he was deeply involved in driving the financial
performance of this multi-billion Euro revenue company. He also led
ams-OSRAM's cost savings programs and sales initiatives in his dual
role as the company's Chief Transformation and Performance
Officer.
"We are excited to welcome Gregor to our team as Wolfspeed enters a
new era," said Robert Feurle, Chief Executive Officer. "I witnessed
Gregor's strong analytical and leadership skills firsthand during
our time working together at ams-OSRAM. Gregor has helped lead
large, multibillion euro businesses with complex manufacturing
operations, which will be invaluable to Wolfspeed as we unlock the
potential of our purpose-built 200mm platform. The Board and I look
forward to collaborating with Gregor as we position Wolfspeed for
long-term growth and profitability."
Van Issum gained valuable M&A and IT experience at ams-OSRAM, where
he was responsible for executing and delivering on the business
targets for the transactions and managing the strategic direction
of the company's systems. He previously served as Vice President,
Strategy of NXP Semiconductors' Secure Transactions and
Identification Solutions segment and served as the CFO of the
Secure Identification Solutions and Analog Mixed Signal units.
"In this new role, my priority will be providing Wolfspeed's
investors with transparency and clarity, especially during this
transformative period," said van Issum. "Building on recent steps
to restructure Wolfspeed's balance sheet, I will draw on my
experience navigating complex business cycles to help create a
capital structure that offers agility to respond to rapid shifts in
the market. My background in transformation and restructuring also
positions me to support Wolfspeed's strategic focus on improving
profitability. At this pivotal time in the Company's life cycle, I
am honored to help guide Wolfspeed as it leverages its competitive
advantages--world-class facilities, exceptional talent, and robust
intellectual property--to advance the incredible progress that
Robert and the Wolfspeed team have made in recent months and
solidify its leadership in silicon carbide technology."
Van Issum's appointment follows the addition of Dr. David Emerson,
who joined Wolfspeed in May in the newly created role of Chief
Operating Officer. With a refreshed leadership team, Wolfspeed is
well positioned to navigate near-term market dynamics and seize
opportunities to expand its leadership in silicon carbide
technologies.
About Wolfspeed Inc.
Wolfspeed, Inc. is an innovator of wide bandgap semiconductors,
focused on silicon carbide materials and devices for power
applications. Its product families include silicon carbide
materials and power devices targeted for various applications such
as electric vehicles, fast charging and renewable energy and
storage.
Wolfspeed Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90163) on June 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor and FTI Consulting is serving as restructuring
advisor. Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as
legal counsel to the senior secured noteholders and Moelis &
Company is serving as the senior secured noteholders' financial
advisor. Kirkland & Ellis LLP is serving as legal counsel to
Renesas Electronics Corporation, PJT Partners is serving as its
financial advisor, and BofA Securities is serving as its
structuring advisor. Ropes & Gray LLP is serving as legal counsel
to the convertible debtholders and Ducera Partners is serving as
financial advisor to the convertible debtholders.
WW INTERNATIONAL: Announces New Program to Help Ch. 11 Exit
-----------------------------------------------------------
Rieka Rahadiana of Bloomberg News reports that WeightWatchers is
set to announce a new program on Tuesday, July 8, 2025, focused on
helping women navigate menopause and the stages beyond, as part of
its post-bankruptcy growth strategy, Reuters reports.
The initiative expands on the company's efforts to offer
comprehensive weight management support, including access to
medications such as Wegovy and Zepbound, CEO Sima Sistani told
Reuters.
Dr. Spencer Boyd, who previously held roles as national medical
director at One Medical and chief medical officer at weight-loss
company Calibrate, is involved in leading the effort, the report
states.
About WW International Inc.
WW International, Inc. provides weight control programs. It offers
subscriptions for commitment plans that give their clients access
to meetings and online subscriptions and give their members
guidance and access to a supportive community to help enable them
for healthy habits.
WW International filed Chapter 11 petition (Bankr. D. Del. Case No.
25-10829) on May 6, 2025. In the petition signed by Felicia
DellaFortuna, chief financial officer, the Debtor disclosed between
$1 billion and $10 billion in both assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor is represented by Christin Cho, Esq. and Simon Franzini,
Esq., at Dovel & Luner, LLP.
[] Commercial Chapter 11 Filings Decrease 15% from H1 of 2025
-------------------------------------------------------------
ABL Advisor reports that the bankruptcy filings in the United
States reached 276,126 during the first six months of 2025 -- a 10%
increase compared to the 251,069 filings during the same period in
2024, according to data from Epiq AACER, a leading provider of U.S.
bankruptcy filing statistics.
Individual filings rose 11% year-over-year, totaling 260,938
through June 2025, up from 235,849 in the first half of 2024.
Chapter 7 individual bankruptcies saw the sharpest increase, rising
15% to 163,219, compared to 141,566 a year earlier. Chapter 13
filings also increased modestly, with 97,125 filings -- a 3% uptick
from 93,870 in the same period last 2024, according to ABL
Advisor.
"The strong 15 percent rise in individual Chapter 7 filings
reflects the mounting financial strain on American households,"
said Michael Hunter, Vice President of Epiq AACER. "High interest
rates, historic levels of credit card and household debt, and the
resumption of student loan repayments are major contributors."
Hunter noted that as of April 2025, the student loan delinquency
rate had tripled compared to pre-pandemic levels. "With collections
resuming and nearly 9 million loans delinquent, we expect this
upward trend in personal bankruptcy filings to continue," he
added.
Commercial bankruptcy filings totaled 15,188 for the first half of
2025 -- essentially flat compared to the 15,220 filings recorded
during the same period in 2024. However, commercial Chapter 11
filings dropped 15%, falling to 3,576 from 4,205. Subchapter V
elections -- typically used by small businesses -- also declined by
4%, with 1,183 filings compared to 1,234 a year ago, the report
states.
June 2025 alone recorded 46,226 total filings, a 15% increase over
the 40,293 filings in June 2024. Individual filings jumped 16%
year-over-year, reaching 43,655 compared to 37,512. Chapter 7
filings surged 23% to 27,219, up from 22,183 in June 2024, while
Chapter 13 filings rose 7% to 16,316, according to report.
"Persistent inflation, high borrowing costs, and geopolitical
uncertainty continue to weigh heavily on families and small
businesses," said Amy Quackenboss, Executive Director of the
American Bankruptcy Institute (ABI). "ABI is committed to
supporting Congress with data and analysis to help raise the debt
limits for subchapter V and chapter 13, making it easier for
financially distressed individuals and small businesses to
reorganize."
June 2025 also saw an 8% drop in overall commercial bankruptcies,
falling to 2,571 from 2,781 in June 2024. Commercial Chapter 11
filings dropped sharply by 38%, with 622 filings in June 2025
compared to 996 a year earlier. Subchapter V filings declined 23%
year-over-year, from 277 to 214, the report relays.
[] Ervin Cohen & Jessup Partners Named Top Bankruptcy Lawyers
-------------------------------------------------------------
Ervin Cohen & Jessup LLP announced that Partners Byron Moldo and
Blake Alsbrook have been recognized in Lawdragon's "500 Leading
Global Bankruptcy & Restructuring Lawyers" guide.
"Whether massive fraud, market changes, mismanagement, or
competition, it's survival of the fittest and these are the lawyers
who help organizations move forward," states the publisher. "They
dazzle with the breadth of experience in law and life they bring to
the practice of tuning out the noise and finding the path forward
through tough negotiation, litigation or complex financial
arrangements."
Byron Moldo chairs the firm's Receivership, Bankruptcy, and
Creditors' Rights Department. He frequently serves as a
court-appointed Receiver in both state and federal cases, as well
as an assignee for the benefit of creditors and in other fiduciary
roles. Moldo also provides counsel to receivers, bankruptcy
trustees, and fiduciaries, and has represented creditors'
committees and secured creditors. He currently serves as the Global
Chairperson of the Debt Collection, Restructuring & Insolvency
practice group for Geneva Group International.
Blake Alsbrook is a seasoned fiduciary and litigator who serves as
both a receiver and counsel to prominent receivers across
California in equity, family law, rents and profits, health and
safety, and regulatory matters. He also acts in key fiduciary
roles, including partition referee, successor trustee, and
provisional director in complex real estate and business disputes.
Alsbrook advises clients on the intersection of state and federal
law and has substantial civil litigation experience representing
receivers and businesses in high stakes matters. He frequently
appears before the California Court of Appeal and U.S. Bankruptcy
Court. Alsbrook has been recognized as a "Legal Visionary" by the
Los Angeles Times.
About Ervin Cohen & Jessup LLP
Ervin Cohen & Jessup LLP is a full-service firm that provides a
broad range of business-related legal services including corporate
law; litigation; intellectual property & technology law; real
estate transactions and finance; construction & environmental law;
tax planning and controversies; employment law; health care law;
bankruptcy, receivership and reorganization; and estate planning.
For more information, visit http://www.ecjlaw.com/
[] U.S. Bankruptcy Filings Rise 10% in H1 2025; Chapter 7s Up 15%
-----------------------------------------------------------------
A data provided by Epiq AACER, the leading provider of U.S.
bankruptcy filing, total bankruptcy filings were 276,126 during the
first six months of 2025, a 10 percent increase from the 251,069
total filings during the same period a year ago.
Total individual filings registered an 11 percent increase, as the
260,938 filings during the first half of 2025 were up from the
235,849 filings during the first six months of 2024. Individual
chapter 7 filings climbed to 163,219 during the first half of 2025,
an increase of 15 percent over the 141,566 chapter 7 filings in the
first half of 2024. The 97,125 individual chapter 13s filed in the
first six months of 2025 represent a 3 percent increase over the
93,870 filings during the same period in 2024.
"The strong 15 percent increase in individual Chapter 7 bankruptcy
filings underscores the growing financial pressure facing American
households," said Michael Hunter, vice president of Epiq AACER.
"Elevated interest rates, record-high credit card and household
debt, and the resumption of student loan repayments and collections
are all contributing factors driving more individuals to seek
bankruptcy protection."
"As of April 2025, the student loan delinquency rate has more than
tripled compared to pre-pandemic levels," Hunter added. "With
collections resuming this year and nearly 9 million loans currently
delinquent, we anticipate the upward trend in individual filings to
continue."
Overall commercial filings registered 15,188 for the first half of
2025, representing a slight decrease from the commercial filing
total of 15,220 for the first half of 2024. The 3,576 total
commercial chapter 11 bankruptcies filed during the first six
months of 2025 represented a 15 percent decrease from the 4,205
filed during the same period in 2024. Small business filings,
captured as subchapter V elections within chapter 11, totaled 1,183
in the first six months of 2025, a 4 percent decrease from the
1,234 elections during the same period in 2024.
Total and consumer bankruptcy filings increased comparing the
figures from June 2025 to June 2024, while commercial filing
categories declined. Total filings in June 2025 were 46,226,
representing a 15 percent increase from the 40,293 filed in 2024.
Total individual filings were up 16 percent in June 2025 to 43,655
from 37,512. The 27,219 individual chapter 7s in June 2025 grew 23
percent over the 22,183 chapter 7 filings in June 2024, and
individual chapter 13s increased 7 percent to 16,316 in June 2025
from the 15,232 in June 2024.
Overall commercial filings decreased 8 percent in June 2025, as the
2,571 filings were down from the 2,781 commercial filings
registered in June 2024. The 622 commercial chapter 11 filings in
June represented a 38 percent decrease from the 996 filings in June
2024. Total subchapter V elections within chapter 11 experienced a
23 percent decrease from 277 in June 2024 to 214 in June 2025.
"Elevated prices, increased borrowing costs and uncertain
geopolitical events continue to add to the growing debt loads
shouldered by financially distressed families and small
businesses," said ABI Executive Director Amy Quackenboss. "ABI
looks forward to providing Congress with research, information and
statistics to re-establish higher debt thresholds for subchapter V
and chapter 13 to provide greater access for struggling small
businesses and consumers to reorganize their finances."
ABI has partnered with Epiq Bankruptcy to provide the most current
bankruptcy filing data for analysts, researchers, and members of
the news media. Epiq AACER is a division of Epiq and is the leading
provider of data, technology, and services for companies operating
in the business of bankruptcy. Its Bankruptcy Analytics
subscription service provides on-demand access to the industry's
most dynamic bankruptcy data, updated daily. Learn more at
https://bankruptcy.epiqglobal.com/analytics.
About Epiq
Epiq, a technology and services leader, takes on large-scale and
complex tasks for corporate legal departments, law firms, and
business professionals by integrating people, process, technology,
and data. Clients rely on Epiq to streamline legal and compliance,
settlement, and business administration workflows to drive
efficiency, minimize risk, and improve cost savings. With a
presence in 19 countries, our values define who we are and how we
partner with clients and communities. Learn how Epiq and our 6,100
people worldwide create meaningful change at www.epiqglobal.com.
About ABI
ABI is the largest multi-disciplinary, nonpartisan organization
dedicated to research and education on matters related to
insolvency. ABI was founded in 1982 to provide Congress and the
public with unbiased analysis of bankruptcy issues. The ABI
membership includes nearly 10,000 attorneys, accountants, bankers,
judges, professors, lenders, turnaround specialists and other
bankruptcy professionals, providing a forum for the exchange of
ideas and information. For additional information on ABI, visit
www.abi.org. For additional conference information, visit
http://www.abi.org/calendar-of-events.
*********
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.
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*** End of Transmission ***