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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
Thursday, July 10, 2025, Vol. 29, No. 190
Headlines
11702 AVE LLC: Seeks Chapter 11 Bankruptcy in New York
121 NORTH COMMON: Seeks Subchapter V Bankruptcy in Massachusetts
163 MAIN STREET: Taps Sherman Silverstein as Bankruptcy Counsel
23ANDME HOLDING: Privacy Reviewer Backs WilmerHale as Legal Counsel
4504 15 AND 1476: Taps Joshua R. Bronstein & Associates as Counsel
A TO Z PACKAGING: Seeks Chapter 11 Bankruptcy in Georgia
AES CORP: Explores Options Amid Buyout Interest
ALLSPRING BUYER: Fitch Alters Outlook on BB- LongTerm IDR to Stable
ALTICE USA: Subsidiary Lightpath Plans Sale of Fiber Network ABS
AMERICA'S GARDENING: U.S. Trustee Appoints Creditors' Committee
AMPLIFYBIO LLC: To Sell All Assets to Battelle Memorial
ANTOINE ESTATES: Seeks to Hire Balisok & Kaufman as Attorney
AT HOME GROUP: Seeks Approval to Hire KPMG LLP as Tax Advisor
ATHLETICO HOLDINGS: S&P Alters Outlook to Neg., Affirms 'CCC+' ICR
ATLAS CC: S&P Downgrades ICR to 'CC' on Announced Recapitalization
BEC CAPITAL: Seeks to Hire BFSNG Law Group as Bankruptcy Counsel
BLUE CROSS: A.M. Best Affirms C++(Marginal) FS Rating
BULLER MEDIA: Gets Interim OK to Use Cash Collateral Until July 31
CAREERBUILDER + MONSTER: Gets OK for $35MM Stalking Horse Bid
CARNICERIA LOS AMIGOS: Nathan Smith Named Subchapter V Trustee
CARNIVAL CORP: Fitch Rates $2BB Unsecured Notes Due 2032 'BB+'
CCA CONSTRUCTION: Deadline to File Claims Set for July 30, 2025
CENTER FOR SPECIAL: Largo Property Sale to Blake Hendrickson OK'd
CINEMEX HOLDINGS: Seeks to Hire Bast Amron LLP as Legal Counsel
CINEMEX HOLDINGS: Seeks to Tap Omni Agent as Administrative Agent
COMPAC USA: Deadline to File Claims Set for Aug. 26, 2025
DANIEL TRUCKING: Case Summary & 20 Largest Unsecured Creditor
DB ASSETS: U.S. Trustee Unable to Appoint Committee
DEL MONTE: Seeks to Hire Stretto Inc as Claims and Noticing Agent
EDMONDS WELLNESS: Unsecured Creditors to Split $10K in Plan
FELTRIM TUSCANY: Unsecureds to be Paid in Full over 60 Months
FLUENT INC: Matthew Conlin Holds 16.1% Stake as of June 18
FLUENT INC: Ryan Schulke Holds 21.1% Equity Stake as of June 18
FLUENT INC: Stockholders OK All Proposals at Annual Meeting
FOREST GOOD: Hires Buckmiller & Frost as Bankruptcy Counsel
GREEN SAPPHIRE: Hires Adelman & Gettleman as Bankruptcy Counsel
GRETNA PLUMBING: Hires McGrath North Mullin & Kratz as Counsel
HALL LABS: Court OKs Appointment of Successor Chapter 11 Trustee
HARLING INC: Court Extends Cash Collateral Access to July 23
HELIUS MEDICAL: Increases Shares Under 2022 Incentive Plan to 7.1M
HERITAGE GRILLE: Hires Buckmiller & Frost as Bankruptcy Counsel
HOLYOKE PARKVIEW: Seeks Chapter 11 Bankruptcy in Massachusetts
HYPERSCALE DATA: Ault & Co. Reports 721 Shares, Derivative Rights
HYPERSCALE DATA: Issues 3.46M Class A Common Shares
IG DESIGN: Gets Court Okay to Tap $25MM Post-Bankruptcy Funds
IMPACT PAPER: Seeks Chapter 11 Bankruptcy in Texas
IOK TECHNOLOGY: Andrew Kight Named Subchapter V Trustee
IRECERTIFY: Amends Unsecured Claims Pay Details
IVORY MANAGEMENT: U.S. Trustee Unable to Appoint Committee
JMKA LLC: Court Extends Cash Collateral Access to July 25
JOANN INC: Asks Court OK for Bankruptcy Liquidation
KC PET: Steven Nosek Named Subchapter V Trustee
KLIMA CONTROL: Case Summary & 10 Unsecured Creditors
KUBERA HOTEL: Seeks to Hire Intero Real Estate Services as Broker
LA NOTTE VENTURES: Court Extends Cash Collateral Access to Aug. 6
LASEN INC: Hires Mac Restructuring Advisors as Financial Advisor
LAWTON LLC: Seeks Chapter 11 Bankruptcy in Massachusetts
LEISURE INVESTMENTS: Miami-Dade Commissioner Enters Chapter 11 Case
LINQTO INC: Shareholders Pledge to Challenge Bankruptcy Proceedings
LINQTO TEXAS: Case Summary & 30 Largest Unsecured Creditors
LR GREENVIEW: Claims to be Paid from Continued Operations
M & M BUCKLEY: Court Extends Cash Collateral Access to July 31
MARELLI AUTOMOTIVE: Covestro Steps Down as Committee Member
MARIN SOFTWARE: Hires Donlin Recano as Claims and Noticing Agent
MIKLAR LLC: Seeks to Hire Michael Matthews as Real Estate Agent
MOGULS INDUSTRIES: Case Summary & 16 Unsecured Creditors
MOGULS INDUSTRIES: Seeks Subchapter V Bankruptcy in Pennsylvania
MOSAIC COS: Seeks Chapter 11 Bankruptcy with Plans to Sell Assets
MRS. BETTY'S: Unsecured Creditors to Split $72K over 5 Years
MY JOB MATCHER: July 15 Deadline for Panel Questionnaires
MY JOB MATCHER: Plans to Sell AI Job Interview Software, Domains
NEWBURGH/SIX MILE: JPMBB Wants NAI Farbman as Receiver
NIKOLA CORP: Ex-CEO Disputes Plan Discloses Over Funding
PENNSYLVANIA ECONOMIC: Fitch Withdraws BB- Rating on Parking Bonds
PERASO INC: Regains Nasdaq Compliance on Bid Price Rule
PROSPECT INTERMEDIATE: Seeks Chapter 11 After Sale of Astrana
PROSPECT MEDICAL: PCo Debtors File Chapter 11 for Wind-Down
PROSPECT MEDICAL: Sussman & Moore Represents Utilities & Executor
QVC GROUP: 2 Directors Join Board After Larry Romrell's Exit
RADIX HAWK: Seeks to Hire Gullett Title Inc as Title Agent
RASMALA TRADE: Deloitte & Al Fattan Name as Liquidators
REDHAWK LANDING: Hires Swiecicki & Muskett as Bankruptcy Counsel
RELIABLE SECURITY: Gary Murphey Named Subchapter V Trustee
RICHARD N. BERKSHIRE: UST Wins Bid to Appoint Chapter 11 Trustee
RIGHTRX: Seeks Chapter 11 Bankruptcy in Texas
ROCKY MOUNTAIN: Posts $6.1M FY25 Loss, Warns of Going Concern Doubt
RSHBY 10565: Seeks Chapter 11 Bankruptcy in New York
RVFW LLC: Unsecured Creditors Will Get 100% of Claims in Plan
RYVYL INC: S8 GlobalHolds 19.43% Stake
SELECTIS HEALTH: Commences OTCQB Trading Under 'GBCS'
SEXTANT STAYS: Gets Final OK to Use Cash Collateral
SMITH ENVIRONMENTAL: To Sell Trucks to AutoNation Dodge for $97K
SNOWSHOE MILLWORKS: Manager Loses Bid to Dismiss Bankruptcy Case
SOLIGENIX INC: Shareholders OK All Proposals at 2025 Annual Meeting
SOUTH TEXAS CORRAL: Catherine Curtis Named Subchapter V Trustee
SPARTAN AUTOMOTIVE: Case Summary & 13 Unsecured Creditors
STATE OF FLUX: Section 341(a) Meeting of Creditors on August 4
SVB FINANCIAL: Bankruptcy Court Won't Hear Trademark Rift
SWAN PIZZA: Unsecured Creditors to Split $23,600 over 3 Years
T&S FOOD: U.S. Trustee Unable to Appoint Committee
TERRAFORM POWER: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
THE LINDEN: Sullivan to Hold Foreclosure Auction on August 13
TILSON TECHNOLOGY: Gets Court Okay for $37.5MM DIP Financing
TREESAP FARMS: Gets Court Okay for Chapter 11 Liquidation Plan
TRINITY LEGACY: Court Dismisses Chapter 11 Bankruptcy Case
TW MEDICAL: Court Confirms Bankruptcy-Exit Plan
TWIN FALLS: Gets OK to Use Additional $1.82M in Cash Collateral
USA STAFFING: Affiliate Gets Interim OK to Use Cash Collateral
USA STAFFING: Gets Interim OK to Use Cash Collateral
VALKEN INC: Seeks to Hire Ciardi Ciardi & Astin as Counsel
VENTURE GLOBAL: Fitch Rates $4BB Sr. Secured Notes 'BB'
VENUS CONCEPT: Registers 899,870 Common Shares for Resale
VERRILL DANA: Taps Bankruptcy Team from Rival Firm Bernstein Shur
VIRGINIA PARK: Hires Glenn Agre Bergman & Fuentes LLP as Counsel
VOLITIONRX LTD: All Proposals Passed at 2025 Annual Meeting
WYTHE BERRY: Court Sustains Objection to Mechanic's Lien Claims
XCEL BRANDS: Stockholders OK Warrant Issuance, Reverse Split
YELLOW CORP: Postpones Conversion of Chapter 11 to Chapter 7
ZEN JV: U.S. Trustee Appoints Creditors' Committee
[] NC Basalt Fiber Facility Up for Sale, July 31 Bid Deadline Set
[] ORIX to Acquire Majority Equity Stake in Hilco Global
[^] 2025 Distressed Investing Conference: Registration Now Open!
[^] Recent Small-Dollar & Individual Chapter 11 Filings
*********
11702 AVE LLC: Seeks Chapter 11 Bankruptcy in New York
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On July 9, 2025, 11702 Ave LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Eastern District of New York.
According to court filing, the Debtor reports between $500,000
and $1 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About 11702 Ave LLC
11702 Ave LLC is a single asset real estate entity that owns
property at 117-02 111th Avenue in South Ozone Park, New York.
11702 Ave LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-43264) on July 9, 2025. In its
petition, the Debtor reports estimated assets between $100,000 and
$500,000 and estimated liabilities between $500,000 and $1
million.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
121 NORTH COMMON: Seeks Subchapter V Bankruptcy in Massachusetts
----------------------------------------------------------------
On July 8, 2025, 121 North Common LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the District of Massachusetts.
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 121 North Common LLC
121 North Common LLC is a real estate company based in Lynn,
Massachusetts.
121 North Common LLCsought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-11409) on
July 8, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $500,000 and $1 million.
The Debtors are represented by Michael Walsh, Esq. at Walsh & Walsh
LLP.
163 MAIN STREET: Taps Sherman Silverstein as Bankruptcy Counsel
---------------------------------------------------------------
163 Main Street LLC seeks approval from the U.S. Bankruptcy Court
for the District of New Jersey to hire Sherman, Silverstein, Kohl,
Rose & Podolsky, P.A. as attorneys.
The firm's services include:
a. advising the Applicant with respect to its rights, duties
and powers under the Bankruptcy Code;
b. advising the Debtor with respect to preparing and obtaining
approval of a disclosure statement and plan of reorganization;
c. providing legal advice and services regarding local rules,
practices and procedures including Third Circuit law, including
reviewing and commenting on drafts of documents to ensure
compliance with local rules practices and procedures;
d. preparing on behalf of the Debtor, as necessary,
applications, motions, complaints, answer, orders, reports, and
other pleadings and documents;
e. representing the Applicant in its dealings with all parties
in interest in the within chapter 11 cases; f. appearing before
this Court and other officials and tribunals, if necessary, and
protecting the interests of the Debtor in federal, state, and
foreign jurisdictions and administrative proceedings; and
g. performing any and all such other services as may be
necessary or appropriate.
The applicable hourly rates for 2025 are as follows:
Shareholders $475 to $1,050
Of Counsel $550 to $850
Associates $400 to $525
Paralegals $225 to $375
Sherman is "disinterested" as defined in Section 101(14) of the
Bankruptcy Code, according to court filings.
The firm can be reached through:
Ross J. Switkes, CPA
Sherman, Silverstein, Kohl, Rose & Podolsky, P.A.
308 Harper Drive, #200
Moorestown, NJ 08057
Telephone: (856) 661-2075
Facsimile: (856) 661-2069
Emailrswitkes@shermansilverstein.com
About 163 Main Street LLC
163 Main Street LLC is engaged in the business of leasing and
managing real estate properties. The Company primarily focuses on
renting out residential and nonresidential buildings and
structures, including apartment complexes, office spaces, and other
commercial properties.
163 Main Street LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-16512) on June 20, 2025.
In its petition, the Debtor reports total assets of $4,188,170 and
total liabilities of $5,904,326.
The Debtors are represented by Arthur J. Abramowitz, Esq. at
SHERMAN SILVERSTEIN KOHL ROSE & PODOLSKY, P.A.
23ANDME HOLDING: Privacy Reviewer Backs WilmerHale as Legal Counsel
-------------------------------------------------------------------
Benjamin Hernandez of Bloomberg Law reports that the consumer
privacy ombudsman overseeing 23andMe's sale of customer genetic
data is defending his selection of WilmerHale as legal counsel,
pushing back against objections raised by the Justice Department's
bankruptcy watchdog.
According to the report, Neil Richards, a Washington University law
professor appointed by the court to advise on privacy matters in
the Chapter 11 case, rejected claims that WilmerHale faces
disqualifying conflicts. The U.S. Trustee objected in June,
pointing to WilmerHale's unrelated legal work for Regeneron
Pharmaceuticals Inc., which was named a backup bidder in the asset
sale.
In a court filing, Richards argued that the potential conflict is
speculative and would set an unworkably high bar for future counsel
approvals. "To disqualify WilmerHale now, based on a remote and
hypothetical possibility of a conflict that never materialized,
would be to create an unworkable rule," the filing stated. The
filing contends that WilmerHale's prior work for Regeneron -- which
accounted for less than 0.04% of the firm's 2024 revenue -- does
not constitute an actual conflict, particularly given that
Regeneron was not originally identified as a potential bidder.
WilmerHale, the filing says, had no influence over Regeneron’s
bid or awareness of its involvement until after the fact. No other
parties objected to WilmerHale's retention, and Richards'
responsibilities in the case have concluded, the filing notes.
On June 27, 2025, Judge Brian C. Walsh of the U.S. Bankruptcy Court
for the Eastern District of Missouri approved the sale of 23andMe's
genetic data assets to co-founder Anne Wojcicki and TTAM Research
Institute, which ultimately outbid Regeneron. The assets include
data from more than 13 million users.
"The CPO's role, and WilmerHale's representation of the CPO, has
concluded," the filing emphasized. "Denying WilmerHale's retention
at this point would not alter the Report, the selection of TTAM as
the successful bidder, the ombudsmans testimony, or the court's
approval of the sale."
Husch Blackwell LLP was also named as a proposed counsel for
Richards.
Case: 23andMe Holding Co., Bankr. E.D. Mo., 4:25-bk-40976 (filed
July 8, 2025).
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.
4504 15 AND 1476: Taps Joshua R. Bronstein & Associates as Counsel
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4504 15 and 1476 45 Equity Partners LLC seeks approval from the
U.S. Bankruptcy Court for the Eastern District of New York to hire
Joshua R. Bronstein & Associates PLLC as attorney.
The firm will render these services:
(a) analyze the financial situation, and rendering advice and
assistance to the Debtor under Chapter 11 of the Bankruptcy Code;
(b) prepare and file the petition, schedules, statement of
financial affairs and other documents required by the court;
(c) represent the Debtor in Court and any meetings;
(d) prepare motions, documents, and applications in connection
with the case; and
(e) render legal advice to the Debtor in connection with all
matters pending before the Court.
Bronstein's billing rates are as follows:
Joshua Bronstein $350 per hour
The firm received a retainer in the amount of $2,500.
As disclosed in the court filings, Joshua R. Bronstein & Associates
PLLC is a disinterested person within the meaning of §101(14) of
the Bankruptcy Code.
The firm can be reached through:
Joshua Bronstein, Esq.
Joshua R. Bronstein & Associates PLLC
46 Grace Ave Apt 3n
Great Neck, NY 11021-2626
Phone: (516) 698-0202
Email: jbrons5@yahoo.com
About 4504 15 and 1476 45 Equity Partners LLC
4504 15 and 1476 45 Equity Partners LLC is involved in activities
related to real estate.
4504 15 and 1476 45 Equity Partners LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41415)
on March 26, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million to $10 million.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Joshua R. Bronstein, Esq. at JOSHUA R.
BRONSTEIN & ASSOCIATES, PLLC.
A TO Z PACKAGING: Seeks Chapter 11 Bankruptcy in Georgia
--------------------------------------------------------
On July 4, 2025, A to Z Packaging Enterprises Inc. filed Chapter
11 protection in the U.S. Bankruptcy Court for the Northern
District of Georgia. According to court filing, the Debtor reports
between $1 million and $10 million in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
About A to Z Packaging Enterprises Inc.
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.
A to Z Packaging Enterprises Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-57545) on
July 4, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million.
The Debtors are represented by Paul Reece Marr, Esq. at PAUL REECE
MARR, P.C.
AES CORP: Explores Options Amid Buyout Interest
-----------------------------------------------
David Carnevali, David Carnevali, Dinesh Nair, and Eyk Henning of
Bloomberg News report that AES Corp., which supplies renewable
energy to major tech companies including Microsoft Corp., is
weighing strategic alternatives -- potentially including a sale --
amid growing takeover interest, according to people familiar with
the matter.
Brookfield Asset Management Ltd. and BlackRock Inc.'s Global
Infrastructure Partners are among the infrastructure investors said
to be reviewing the company, following a roughly 50% drop in AES's
share price over the past two years, according to the report. With
an estimated enterprise value of $40 billion, a buyout of the
Arlington, Virginia-based firm would rank among the largest
leveraged acquisitions ever, the report states.
About AES Corp.
Arlington, Virginia-based AES Corporation is a holding company that
operates a portfolio of electricity generation and distribution
businesses. AES acquired the assets of Indianapolis Power & Light,
Ipalco, in 2000; the Chilean-based subsidiary Gener in 2000; DPL
Inc. known as Dayton Power & Light in 2011; and subsidiary Power in
2018. Power is one of the largest operators and developers of
utility-scale solar in the United States.
ALLSPRING BUYER: Fitch Alters Outlook on BB- LongTerm IDR to Stable
-------------------------------------------------------------------
Fitch Ratings has affirmed Allspring Buyer LLC's Long-Term Issuer
Default Rating (IDR) and senior secured debt rating at 'BB-'. The
Rating Outlook has been revised to Stable from Negative.
Key Rating Drivers
Stable Outlook: The Outlook revision to Stable reflects Allspring's
improved leverage and interest coverage metrics given cost
rationalization efforts in 2024 and solid fee-related EBITDA
(FEBITDA) generation. The Outlook also reflects Fitch's expectation
that Allspring's strategic initiatives will continue to improve
operating performance, resulting in incremental deleveraging and
improved interest coverage metrics. Fitch also expects Allspring to
continue executing on its business and investment strategies,
leading to further product offering diversification and greater
customer net flow consistency.
Growing Franchise: Allspring's ratings are supported by its
growing, mid-tier franchise as a traditional investment manager
(IM), appropriate assets under management (AUM) diversification,
its cash-generative business model, and a long-term distribution
agreement with Wells Fargo & Co. (Wells Fargo; A+/Stable).
Weaker Than Peer Financial Metrics: The ratings are constrained by
Allspring's limited track record as a standalone IM post spinoff
from Wells Fargo and its private equity ownership, which entails
some uncertainty around financial policies and the potential for
more opportunistic growth strategies. Additionally, profitability
margins, cash flow leverage, interest coverage, and available
liquidity compare unfavorably to higher-rated IM peers.
Liquidity Products Drive Flows: At March 31, 2025 (1Q25), AUM was
$533 billion, up 6% from prior year. For the trailing-12-months
(TTM) ended 1Q25, Allspring had net inflows of 3.0%, driven
primarily by inflows into liquidity products. Over 2021-2024, since
the Wells Fargo spin-off, net client outflows averaged 3.3%,
corresponding to Fitch's 'bbb' category asset performance range of
negative 5% to 5% for IMs charging fees on NAV.
Fitch expects Allspring's ongoing investments into distribution
platforms and product refinements will improve net flow stability.
However, overall asset performance remains susceptible to market
volatility, given that liquidity products, which Fitch considers
somewhat transitory in nature and more sensitive to market demand,
accounted for nearly 40% of AUM at 1Q25.
Cost Rationalization Supports Margins: Allspring's TTM FEBITDA
margin was 23.6% at 1Q25, improved relative to the four-year
(2021-2024) average of 21.1%. The improvement was driven primarily
by higher advisory fees, given AUM growth and cost savings
realization. Allspring's profitability remains below larger
publicly rated peers and tracks towards the low end of Fitch's
'bbb' category benchmark range of 20%-30%. Fitch's FEBITDA metric
does not include performance fees and is adjusted for non-recurring
costs. However, this metric is sensitive to cost overruns and
Fitch's reclassification of these costs as recurring.
Declining Leverage; Remains Rating Constraint: Cash flow leverage
(gross debt to FEBITDA) improved to 3.9x for the TTM ended 1Q25,
from 4.1x and 5.6x at YE 2024 and YE 2023, respectively. Fitch
expects Allspring to maintain leverage below 5x over the Outlook
horizon, in line with management's expectation, supported by
systemic cost base improvements and a measured approach to
distributions, with no non-tax distributions anticipated in the
foreseeable future. If Allspring maintains leverage below 4.5x
consistently, Fitch would view this positively and could result in
a positive rating action.
Improved Interest Coverage: Interest coverage (FEBITDA to interest
expense) for the TTM ended 1Q25 was 2.5x, up from 1.7x at YE 2023,
but below the rated peer average. Interest coverage averaged 2.5x
since the Wells Fargo spin-off, which was within Fitch's 'b' and
below rating category of 1.0x-3.0x for funding, liquidity and
coverage. Failure to sustain interest coverage above 2.0x could
result in negative rating pressure.
Modest Liquidity: As of 1Q25, liquidity comprised $96 million in
balance sheet cash and $170 million in revolver capacity, with
availability on the revolver subject to a net leverage covenant of
6.5x at 35% utilization. There is no near-term refinancing risk,
with the next term debt maturity in 2030. However, Allspring's
secured term loan has a 1% annual amortization requirement, which
is sufficiently covered by the firm's liquidity sources. Fitch
views the firm's fully secured funding profile as a rating
constraint, given it limits financial flexibility, especially
during times of stress.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to sustainably improve interest coverage above 2.0x or a
notable decline in available balance sheet liquidity;
- An inability to sustain cash flow leverage below 5.0x;
- Sustained material investment underperformance or meaningful
long-term AUM outflows;
- An inability to execute on the operating strategy, leading to
excessive costs or operational failures, or a decline in the
FEBITDA margin below 10%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- A sustained improvement in reported cash flow leverage below
4.5x;
- Sustained interest coverage above 3.0x;
- Sustained FEBITDA margins above 25%;
- Favorable investment performance and material improvements of net
flows, in particular, long-term net client flows;
- A sustained sound execution against management's business plan
and financial targets, particularly regarding FEBITDA generation
and AUM.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The secured debt rating is equalized with Allspring's Long-Term
IDR, reflecting the current funding mix and Fitch's expectations
for average recovery prospects under a stressed scenario.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The secured debt rating is primarily sensitive to changes in
Allspring's Long-Term IDR and, secondarily, to material changes in
Allspring's funding mix or changes in Fitch's assessment of the
recovery prospects for the debt instrument.
ADJUSTMENTS
- The Standalone Credit Profile (SCP) has been assigned in line
with the implied SCP.
- The Business Profile score has been assigned below the implied
score due to the following adjustment reason: Market position
(negative).
- The Asset Performance score has been assigned below the implied
score due to the following adjustment reason: Historical and future
metrics (negative).
- The Earnings and Profitability score has been assigned below the
implied score due to the following adjustment reason: Earnings
stability (negative).
- The Capitalization & Leverage score has been assigned below the
implied score due to the following adjustment reason(s):
Profitability, pay-outs and growth (negative).
- The Funding, Liquidity and Coverage score has been assigned below
the implied score due to the following adjustment reason:
Historical and future metrics (negative).
ESG Considerations
Allspring Buyer LLC has an ESG Relevance Score of '4' for
Governance Structure due to private equity ownership, which may
result in more opportunistic growth strategies or
shareholder-friendly financial policies, which has a negative
impact on the credit profile, and is highly relevant to the ratings
resulting in a lower Long-Term IDR.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
Allspring Buyer LLC LT IDR BB- Affirmed BB-
senior secured LT BB- Affirmed BB-
ALTICE USA: Subsidiary Lightpath Plans Sale of Fiber Network ABS
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Scott Carpenter and Reshmi Basu of Bloomberg News report that
Cablevision Lightpath LLC, a fiber-optic communications provider
majority owned by Altice USA Inc., is planning to issue up to $2.8
billion in asset-backed securities.
According to a July 3, 2025 filing with the New York Public Service
Commission, the securities will be backed by the company's fiber
network assets, including conduit, fiber-optic cables, and customer
contracts. The move comes as Lightpath faces $7.2 billion in debt
maturing in 2027, followed by another $5.4 billion due in 2028.
Shares of Altice USA rose 16% on Tuesday following the news, the
report states.
About Altice USA Inc.
Altice USA, Inc. is an American cable television provider.
As of December 31, 2024, Altice USA had $31.7 billion in total
assets, $32.16 billion in total liabilities, and a total deficiency
of $456.8 million.
* * *
As reported by the TCR on May 17, 2024, S&P Global Ratings lowered
all its ratings on Altice USA Inc. one notch, including the Company
credit rating to 'CCC+', and removed them from Credit Watch, where
it placed them with negative implications on May 2, 2024. The
negative outlook reflects that S&P could lower its ratings if the
company opts to pursue a debt restructuring over the next year.
S&P said, "We believe Altice USA's capital structure is
unsustainable. We believe the company is vulnerable to nonpayment
long term and depends on favorable business, financial, and
economic conditions to meet its financial obligations as they come
due in 2027 and beyond. We believe it is more likely than not that
Altice USA will enter into a distressed debt restructuring that we
consider tantamount to default, or it could face bankruptcy long
term."
AMERICA'S GARDENING: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of America's
Gardening Resource, Inc. and its affiliates.
The committee members are:
1. Prides Corner Farms, Inc.
Attn: Lisa Preger Sellew, Vice President
122 Waterman Road
Lebanon, CT 06249
Phone: 860-468-6004
lsellew@pridescorner.com
2. Jolly Farmer Products US Inc.
Attn: Elisabeth Keeler
P.O. Box 787
Houlton, ME 04730
Phone: 506-243-1490
elisabeth.keeler@jollyfarmer.com
3. Arett Sales Corp.
Attn: Michael Tuterice
9285 Commerce Highway
Pennsauken, NJ 08110
Phone: 856-751-1224
mtuterice@arett.com
4. Pleasant View Gardens, Inc.
Attn: Matthew Greenberg
7316 Pleasant Street
Loudon, NH 03307
Phone: 603-435-1747
mattg@pwpvg.com
5. Overdevest Nurseries, LP
Attn: Ryan Overdevest
578 Bowentown Road
Bridgeton, NJ 08302
Phone: 856-451-3179
ryan@overdevest-nurseries.com
6. Green Mountain Mulch
Attn: Daniel St. Onge
P.O. Box 129
Derby, VT 05829
Phone: 802-334-5733
accounting@greenmountainmulch.com
7. Greenes Fence Company
Attn: Adam Greenes
24455 Aurora Road
Bedford Heights, OH 44146
Phone: 216-464-3160
adam@greenesfence.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About America's Gardening Resource Inc.
America's Gardening Resource, Inc. develops, manufactures, and
distributes gardening products and eco-friendly equipment through
direct-to-consumer, retail, and wholesale channels across the
United States.
America's Gardening and four of its affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case
No. 25-11180-BLS) on June 20, 2025. In the petition signed by
David M. Baker, chief restructuring officer, the Lead Debtor
disclosed up to $10 million in assets and up to $50 million in
liabilities.
Judge Brendan Linehan Shannon oversees the cases.
Patrick J. Reilley, Esq., at Cole Schotz, PC, represents the
Debtors as legal counsel. Tower Partners serves as investment
banker to the Debtors, and Aurora Management Partners serves as
chief restructuring officer.
Bank of America, as lender, is represented by:
Carl N. Kunz, III, Esq.
Eric J. Monzo, Esq.
Morris James, LLP
500 Delaware Avenue, Suite
1500 Wilmington, DE 19899-2306
Telephone: (302) 888-6800
Facsimile: (302) 571-1750
ckunz@morrisjames.com
emonzo@morrisjames.com
-- and --
Daniel F. Flores, Esq.
J. Alex Kress, Esq.
Chapman and Cutler, LLP
1270 Avenue of the Americas, 30th Fl.
New York, NY 10020
Telephone: (212) 655-6000
Facsimile: (212) 697-7210
dflores@chapman.com
akress@chapman.com
AMPLIFYBIO LLC: To Sell All Assets to Battelle Memorial
-------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Ohio
approved bidding procedures for the sale of substantially all
assets of AmplifyBio LLC and ADOC SSF LLC, free and clear of liens,
claims, encumbrances, and interests other than assumed liabilities,
permitted liens, and permitted exceptions.
The Debtors said they have entered into an asset purchase agreement
("APA") dated as of June 12, 2025, with Battelle Memorial
Institute.
On June 12, 2025, the Debtors entered into the Stalking Horse APA
with the Stalking Horse Bidder. As set forth more fully in the
Stalking Horse APA, the consideration to be provided by the
Stalking Horse Bidder under the Stalking Horse APA is (i) a credit
bid of Twenty Million and No/100 Dollars ($20,000,000.00); (ii) the
assumption by the Stalking Horse Bidder of the Cure Costs
associated with any Assumed Contracts; and (iii) the payment of all
fees and expenses due to Hilc
The Debtors will conduct the auction for their assets on Aug. 19,
2025, at 10:00 a.m. (ET) virtually via telephone and/or video
conference pursuant to information to be timely provided by the
Debtors to the auction participants. The sale hearing will be held
in the Court on Aug. 28, 2025 at 10:00 a.m. (ET), unless otherwise
determined by this Court. Objections to the sale must be filed no
later than 5:00 p.m. (ET) on Aug. 22, 2025.
Any party interested in bidding on the assets should contact (a)
The Debtors' sales and marketing agent: Brent Bonham of Hilco
Commercial industrial LLC at 616-304-2358 or
bbonham@hilcoglobal.com, and (b) the Debtors' counsel: Scott
Opincar and Maria Carr, Mcdonald Hopkins LLC 216-348-5400;
nmiller@mcdonaldhopkins.com; mcarr@mcdonaldhopkins.com
About AmplifyBio LLC
AmplifyBio LLC is a preclinical contract research and manufacturing
organization based in Ohio that offers integrated services for
therapeutic development, including R&D, preclinical testing, and
scalable manufacturing for advanced therapies such as cell and gene
therapies, mRNA, and non-viral gene editing platforms. Formed as a
2021 spinout from Battelle Memorial Institute, the Company has
expanded through acquisitions and facility investments, including
a
350,000-square-foot cGMP manufacturing site in New Albany. Its
wholly owned subsidiary, ADOC SSF, LLC, is fully integrated into
its operations and participates in scientific, operational, and
financial activities.
AmplifyBio LLC and affiliate sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ohio Lead Case No. 25-52140) on
May 16, 2025. In its petition, the Debtor 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.
The U.S. Trustee for Regions 3 and 9 appointed an official
committee to represent unsecured creditors in the Chapter 11 cases
of AmplifyBio, LLC and its affiliates.
ANTOINE ESTATES: Seeks to Hire Balisok & Kaufman as Attorney
------------------------------------------------------------
Antoine Estates LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to hire Balisok & Kaufman,
PLLC as its attorneys.
The professional services the firm will render:
a. give advice to the Debtor with respect to its powers and
duties as Debtor-in-Possession and the continued management of its
property and affairs;
b. negotiate with creditors of the Debtor and work out a plan
of reorganization and take the necessary legal steps in order to
effectuate such a plan including, if need be, negotiations with the
creditors and other parties in interest;
c. prepare the necessary answers, orders, reports and other
legal papers required for the Debtor who seeks protection from its
creditors under Chapter 11 of the Bankruptcy Code;
d. appear before the Bankruptcy Court to protect the interest
of the Debtor and to represent the Debtor in all matters pending
before the Court;
e. attend meetings and negotiate with representatives of
creditors and other parties in interest;
f. advise the Debtor in connection with any potential
refinancing of secured debt and any potential sale of the
business;
g. represent the Debtor in connection with obtaining
post-petition financing;
h. take any necessary action to obtain approval of a
disclosure statement and confirmation of a plan of reorganization;
and
i. perform all other legal services for the Debtor which may
be necessary for the preservation of the Debtor's estate and to
promote the best interests of the Debtor, its creditors and its
estate.
The firm will be paid at these rates:
Attorneys $350 to $650 per hour
Paraprofessionals $175 per hour
Prior to the Chapter 11 filing, Balisok & Kaufman received a
retainer from the Debtor's principal
in the amount of $10,000.
Balisok & Kaufman does not hold or represent any interest adverse
to the Debtor's estate, and is a "disinterested person" as defined
in Bankruptcy Code Sec. 101(14), according to court filings.
The firm can be reached through:
Joseph Y. Balisok, Esq.
Balisok & Kaufman, PLLC
251 Troy Avenue
Brooklyn, NY 11213
Phone: (718) 928-9607
Fax: (718) 534-9747
Email: joseph@lawbalisok.com
About Antoine Estates LLC
Antoine Estates LLC owns a residential apartment building at 9021
Antoine Drive in Houston, Texas. The property's current estimated
value is $4 million.
Antoine Estates LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-42188) on May 6, 2025.
In its petition, the Debtor reports total assets of $4,000,101 and
total liabilities of $3,009,000.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtors are represented by Joseph Y. Balisok, Esq. at BALISOK &
KAUFMAN PLLC.
AT HOME GROUP: Seeks Approval to Hire KPMG LLP as Tax Advisor
-------------------------------------------------------------
At Home Group Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ KPMG LLP to
provide accounting advisory, valuation, tax provision, tax
consulting, and tax compliance services.
KPMG will provide these services:
Tax Provision Services
A. KPMG will provide the following tax provision services to
the Debtors as requested for the tax years and quarters end for
2023, 2024 and 2025:
i. Assist in gathering necessary year-end tax and financial
information and schedules;
ii. Assist in the identification and computation of
temporary and permanent differences;
iii. Compute a preliminary income tax provision for the
Debtors' review and approval;
iv. Prepare income tax related balance sheet accounts and
footnote disclosures for the Debtors' review and approval; and
v. Assist the Debtors in their efforts to work with their
independent auditors to draft income tax provision work papers.
vi. KPMG will provide the following tax services in relation
to fresh-start reporting:
a) Assist in determining deferred taxes as a result of
fresh-start accounting, including deferred taxes for any loss or
tax credit carryforwards;
b) Assist in the analysis and preparation of the
valuation allowance and uncertain tax positions documentation as a
result of fresh-start accounting;
c) Compute preliminary income tax related balance sheet
account adjustments;
d) Assist in the preparation of draft footnote
disclosures if requested;
e) Assist in the preparation of draft income tax
provision workpapers if requested; and
f) Assist the Debtors in their efforts to work with
their independent auditors to draft income tax provision work
papers, if requested.
Tax Compliance Services
A. KPMG will prepare federal and state and local income tax
returns and supporting schedules for tax years 2022, 2023, and
2024.7 The tax returns are identified on the revised attachment A
of the addendum dated May 5, 2023 related to the original
engagement letter dated April 10, 2023.
i. If KPMG does not receive all of the requested
information by mid-April of each respective year KPMG will
automatically prepare, for the Debtors' filing, a request for
extension of time to file the applicable return(s); and
ii. KPMG will automatically file (either electronically or
by paper) the extensions for which there are no tax payments due.
B. KPMG will prepare the computation of the self-constructed
UNICAP adjustment for the Debtors' review;
C. KPMG will assist Debtors' management with preparing the
U.S. federal, state, and local income and franchise tax returns,
and supporting schedules for the predecessor and successor periods,
on an as needed basis;
D. KPMG will prepare additional income tax returns for any
state or local jurisdictions and additional entities as requested
by the Debtors;
E. KPMG will prepare, for filing by the Debtors, requests for
extensions of time to file the returns should additional time be
required to prepare such filing; and
F. If requested, KPMG will prepare the Debtors' federal and
state quarterly estimated tax payments for the predecessor and
successor periods.
Tax Consulting Services
A. KPMG will represent the Debtors in state income and
franchise tax, gross receipts tax, and sales and use tax
examinations for the specified years (collectively "state tax
examinations") as requested and agreed to between the Debtors and
KPMG.
B. KPMG will provide tax consulting services with respect to
the Debtors' previously filed state income, franchise, and gross
receipts tax returns for years open under the statute of
limitations through March 27, 2024 (additional years can be added
via a clarifying addendum). To the extent a refund opportunity
exists for these returns, KPMG will prepare amended returns to be
submitted to the states.
i. KPMG will review and analyze the years open under the
statute of limitations for potential tax refunds;
ii. KPMG will provide the Debtors with a summary of
identified tax refund opportunities;
iii. KPMG will discuss with the Debtors and agree upon which
items will be included in a "claim for refund" to be filed with
state taxing authorities;
iv. KPMG will prepare one or more "claim for refund"
package(s) or amended returns for the Debtors' review and approval.
KPMG will prepare the above return based on the information the
Debtors submits to KPMG. KPMG will not audit or independently
verify the data the Debtors submit to KPMG;
v. KPMG will coordinate processing of the "claim for
refund" packages with the state taxing authority;
vi. KPMG will assist the Debtors in responding to questions
related to the refund claims from the state taxing authority; and
vii. KPMG will represent the Debtors before the state taxing
authority during the review of the Debtors' claims for refund
pursuant to the state taxing authority's established formal or
informal procedures. KPMG's representation will include any
necessary administrative appeals unless such appeals are required
to be handled by an attorney.
C. KPMG will provide general tax consulting on matters that
may arise for which the Debtors seek our advice and that are not
the subject of a separate engagement contract.
Accounting Advisory Services
A. KPMG will assist the Debtors with planning an approach,
consideration of alternatives, research, analysis, implementation,
and documentation related to accounting and reporting during the
Debtors' bankruptcy proceedings, upon emergence from bankruptcy,
and upon applying fresh-start reporting, if applicable. Upon
request and at the direction of the Debtors, KPMG will support
management in its consideration or evaluation of the following
areas:
i. Accounting and Reporting Areas of Focus for
debtor-in-possession ("DIP") reporting:
Assistance with accounting positions:
a) Basis of presentation under Accounting Standards
Codification (ASC) 852 and determining debtor and non-debtor entity
disclosures;
b) Evaluating consolidation considerations with respect
to any non-debtor entities and variable interest entities;
c) Classification and measurement of liabilities subject
to compromise ("LSTC");
d) Classification of which expenses (income) are part of
reorganization items;
e) Treatment of debt and debt attributes determined not
subject to compromise;
f) Treatments of pensions and other post-retirement
implications;
g) Evaluation of stock compensation or deferred
compensation plans;
h) Treatment of any defaults or modifications to
derivatives or hedges as a result of chapter 11; and
i) Treatment of any defaults or modifications on leases,
long-term contracts, guarantees, surety performances, or other
contractual matters that changed as a result of chapter 11
reorganization (including customer and vendor contracts).
Assistance with reorganization-related processes:
a) Collaborate with the Debtors and their restructuring
advisors to monitor and track executory contract assumptions,
modifications and rejections for assessing the accounting
implications and timing of when such events would be recognized;
b) Reconciliation of claims register to the underlying
books and records as well as assisting management with setting a
policy for recording claims and disclosing such balances in the
Debtors' financial statements; and
c) Tracking the timing and recognition of events related
to any restructuring support agreement, rights offering, backstop
commitments or any other contractual arrangement arising or ending
with respect to any parties of any consensual restructuring plan.
Assistance with DIP financial reporting:
a) Draft bankruptcy and reorganization footnotes per ASC
852 - inclusive of LSTC, reorganization items, and
debtor/non-debtor disclosure;
b) Reconciliation of claims register to balances and
financial captions in LSTC for completeness; and
c) Produce updates to commonly impacted footnotes, such
as description of business, debt, deferred compensation, and
equity.
Other common assistance, which may or may not be
required:
a) Assistance with evaluating the effects of a
reorganization step-plan and recognizing such steps in your general
ledger;
b) Assistance with evaluating accounting and reporting
impacts of transactions (e.g., divestitures, acquisitions,
abandonments, etc.) while reorganizing within chapter 11 bankruptcy
protection; and
c) Assistance with technical accounting evaluations
associated with impairment testing and financial reporting under
ASC 350: Intangibles Goodwill and Other ("ASC 350") and ASC 360:
Property, Plant and Equipment ("ASC 360").
ii. Accounting and Reporting Areas of Focus for emergence
and fresh-start reporting
Assisting with evaluating and drafting of fresh-start
accounting positions:
a) Perform preliminary assessment of fresh-start
applicability criteria - well before emergence to gauge and plan
for impacts; finalize fresh-start applicability test
post-emergence;
b) Determination of reorganization gain on settlement of
LSTC, inclusive of all settlements of classes of creditors per the
plan of reorganization ("POR");
c) Determination of fresh-start reporting date, which
tracks the conditions precedent to effectiveness; also depending on
the planned date of emergence, the evaluation and use of
convenience date;
d) Summary of fair value approach at account-by-account
level which presents the Debtors' fair value approach to arriving
at its fresh-start fair value balance sheet, including accounts not
explicitly addressed in the valuation scope of work (e.g., working
capital, other assets, and liabilities, etc.);
e) Determination of intangible contracts that arise with
respect to applying fair value; including documentation of controls
of completeness; and
f) Accounting for issuance of new capital, related
costs, issuance discounts and timing of recognition of such events
if such events do not occur concurrently with emergence.
Assistance with preparing schedules and reconciliations
to support your accounting positions, balances and financial
statement disclosures, including:
a) Four column fresh-start tools or schedules, which is
used to present the effects of the plan and fresh-start
accounting;
b) Reconciliations of investment banker enterprise value
estimates from the disclosure statement to emergence reorganization
value, which is an ASC 852 concept;
c) Reconciliations of emergence reorganization value to
emergence equity value;
d) Reconciliations of final claims to expected
recoverability percentages as stated by the plan of
reorganization;
e) Fair value account by account schedule that outlines
every balance sheet caption and presents the fair value approach
applied;
f) Preparation of schedules to support reorganization
items expense (income), and changes to predecessor equity accounts;
and
g) Reconciliation of professional fees to be accrued or
recognized at emergence and the distinction between balances paid
at emergence or transferred to escrow, if applicable.
Assistance with recording the effects of the plan and
fresh-start fair values into the Debtors' general ledger and
related financial reporting for US GAAP
a) Preparation of journal entry templates at the level
of the legal entities of relevance for removing the compromised
debt, payment of cash, and issuance of new equity (and perhaps
equity warrants) as part of the terms of the plan of reorganization
and related legal step-plan; and
b) Preparation of journal entries to apply
reorganization value to the underlying assets, liabilities and
equity instruments at an account-by account and trial
balance-by-trial balance level to support emergence and
post-emergence reporting of depreciation, amortization, accretion,
etc.
Preparation of fresh-start accounting footnote,
bankruptcy overview footnote and updates to other commonly impacted
footnotes beyond fresh-start accounting.
Other common assistance, which may or may not be
required:
a) Assistance with the assessment and benchmarking of
the Debtors' technical accounting policies to develop a plan for
modifying certain policies at the direction of management upon
application of fresh-start reporting; and
b) If necessary, the preparation of disclosures for
reporting the Debtors' emergence without fresh-start if fresh-start
reporting does not apply due to the criteria in ASC 852.
Valuation Services
A. Valuation Services Related to Fresh-Start
i. Reorganization value: Review and identify potential
issues with reconciling the enterprise value approved by the Court
and adjustments necessary to arrive at reorganization value, which
is a concept under ASC 852. Additionally, determine the
reconciliation of enterprise value to the Debtors' reporting units
as part of post-emergence segment reporting;
ii. Fair values: KPMG will discuss the aforementioned assets
and liabilities with Debtors' management to determine which assets
and liabilities will be valued by KPMG and those that are not
within scope. KPMG will prepare fair value estimates for each
identified asset and liability (the "Subject Assets and
Liabilities") by reporting unit within the scope as of the
fresh-start reporting date associated with the Debtors' emergence
from bankruptcy (the "Valuation Date");
iii. Goodwill: Determine the difference, if any, between
reorganization value and the fair value of the Subject Assets and
Liabilities identified and valued by reporting unit;
iv. Equity method investments or non-controlling interests:
Prepare fair value estimates for any equity method investments or
non-controlling interests and if required, allocate the fair values
to identified tangible and intangible assets;
v. Remaining useful lives: Estimate remaining useful lives
for the tangible and identified intangible assets; and
vi. Valuation report: Issue a valuation report covering the
fair value estimates of the Subject Assets and Liabilities,
goodwill and equity method investments or non-controlling interests
and business enterprise values for each reporting unit of the
Debtors.
B. Valuation Services Related to Tax Reporting Purposes
In addition to the initially proposed scope, KPMG
understands valuations may also be required for certain legal
entities, as well as the underlying tangible and intangible assets,
in accordance with various Internal Revenue Codes, such as Internal
Revenue Code ("IRC") 382, Section 165, or IRC 108. The work plan
developed to complete the scope of these valuations, include the
following general elements:
i. Consider the historical financial condition and
operating results of the subject interest being valued;
ii. Consider the economic and competitive environment,
including the industry in which the subject interest being valued
operates, to assess current and anticipated trends;
iii. Consider the performance and market position of the
subject interest being valued relative to its competitors and/or
similar private and publicly traded companies;
iv. Evaluate information gathered in interviews and
discussions with Debtors' management to gain a more thorough
understanding of the nature and operations of the subject interest
being valued, including historical and estimated trends and
prospects for future growth;
v. Evaluate business plans, future performance estimates or
budgets and, if available:
a) assumptions underlying the business plans, estimates
or budgets;
b) risk factors that could affect planned performance;
and
vi. Estimate the fair market value ("FMV") of any identified
tangible and intangible assets of the subject interest being valued
if required or requested by Debtors' management.
The firm will receive compensation as follows:
a. Tax Provision Services
Partners $550 - $1,110
Managing Directors $540 - $1,025
Directors/Senior Managers $500 - $950
Managers $390 - $830
Senior Associates $280 - $670
Associates $210 - $490
b. Tax Compliance Services
KPMG and the Debtors have agreed to a fixed fee of $150,000 tax
compliance services relating to the 2024 tax year and prior.
For the 2025 tax year:
Partners $1,110
Managing Directors $1,025
Directors/Senior Managers $950
Managers $830
Senior Associates $670
Associates $490
c. Tax Consulting Services
Partners $894 - $1,110
Managing Directors $878 - $1,025
Directors/Senior Managers $813 - $950
Managers $634 - $830
Senior Associates $385 - $670
Associates $236 - $490
d. Accounting Advisory Services
Partners $1,110
Managing Directors $1,025
Directors/Senior Managers $950
Managers $830
Senior Associates $670
Associates $490
e. Valuation Services
Partners $1,110
Managing Directors $1,025
Directors/Senior Managers $950
Managers $830
Senior Associates $670
Associates $490
KPMG received a retainer in the amount of $20,000.
As disclosed in the court filings, KPMG is "disinterested" as such
term is defined in section 101(14) of the Bankruptcy Code and as
modified by section 1107(b) of the Bankruptcy Code.
The firm can be reached through:
Bradley Lancy
KPMG LLP
Suite 1400, 2323 Ross Avenue
Dallas, TX 75201-2721
Tel: +1 214 840 2000
Fax: +1 214 840 2297
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; Ernst & Young LLP
as tax advisory services provider; and PJT Partners, Inc., as
investment banker. Omni Agent Solutions, Inc., is the claims agent.
ATHLETICO HOLDINGS: S&P Alters Outlook to Neg., Affirms 'CCC+' ICR
------------------------------------------------------------------
S&P Global Ratings revised its outlook on Athletico Holdings LLC to
negative from stable. S&P affirmed its 'CCC+' issuer credit rating
on Athletico and 'CCC+' issue-level rating on its senior secured
debt. The recovery rating remains '4' (35%).
The negative outlook reflects ongoing cash flow deficits and
slower-than-expected progress in operating improvements that
increases prospects for a debt restructuring ahead of its debt
maturing in 2027.
Following underperformance in 2024, S&P expects persistent staffing
challenges and a strategic adjustment to the clinic operating model
to further pressure Athletico Holdings LLC's revenue throughout the
year.
Ongoing reliance on external funding sources to cover persistent
cash flow deficits, such as sponsor funding, AR financing, and
noncore asset sales, signal limited internal cash flow, raising
doubts about the company's ability to self-fund operations and meet
its debt obligations.
New management's strategy shift aimed at long-term improvement has
been slower than anticipated.
S&P said, "We believe the pace of improvement will remain slow,
such that the company may not achieve our earlier expectations. In
2024, Athletico continued to fall short of expectations, with
revenue growing only 2.5%, well below our 6%-7% projection. We
primarily attributed the underperformance to ongoing staffing
challenges that have pressured visit volume since 2022. Athletico
is navigating a multi-year operational reset following the poorly
integrated 2022 acquisition of Pivot Health Solutions." Labor
challenges, such as turnover, burnout, and staffing shortfalls have
weighed on productivity and revenue and remain a core issue. In
addition, the Medicare reimbursement environment has been
challenging, with the company experiencing low-single-digit rate
declines annually since 2021.
However, new senior management is finalizing integration of Pivot
Health Solutions and is shifting its focus from volume to workforce
development and patient care to support long-term stability but
will pressure near-term revenue. S&P revised its forecast downward
for 2025, leading to an extended period of cash flow deficits and
greater difficulty sustaining its capital structure.
For the past three years, the company has relied on external
liquidity levers to fund cash flow deficits such as sponsor funding
(2023), AR financing (2024), and noncore asset sales (2025) largely
out of necessity. S&P said, "Similarly, we expect the company will
repay revolver borrowings with the proceeds from the sale of
Onsite. With little balance sheet cash, the company's revolver is
their primary source of liquidity. Considering our expectation that
cash flow deficits will persist through 2025 and possibly into
2026, we believe liquidity will weaken because external sources may
no longer be an option. Still, we believe the company has
sufficient liquidity to fund cash flow deficits for the next 12
months."
S&P said, "We believe the capital structure may be unsustainable.
While we believe management will achieve some success with its
operating initiatives, we have increasing doubt it will achieve the
level of success necessary to manage this level of debt leverage
long term. We project S&P Global Ratings-adjusted debt leverage of
11x-12x in 2025, declining to 10x-11x in 2026. Hence, with its
revolver and AR financing loan maturing in 2027 and its sponsor
term loan accreting at 15%, we believe refinancing risk is
elevated, raising the prospects for a distressed debt restructuring
we would view as a default."
The negative outlook reflects the risk of a lower rating if
expected operating improvement is insufficient to increase cash
flow to a level whereby the company can sustain its capital
structure and avoid a distressed debt restructuring or payment
default.
S&P said, "We could lower the rating on Athletico if the risk of a
near-term default increases (including a distressed exchange that
we would deem tantamount to a default), or its liquidity
deteriorates and becomes insufficient to cover fixed charges over
the next 12 months.
"We could revise our outlook to stable if Athletico increases
revenue and improves margins such that reported cash flow from
operations is sufficient to cover tax distributions, maintenance
capital expenditure (capex), and mandatory debt amortization on a
sustained basis." Included in this scenario is improved likelihood
for a successful refinancing.
ATLAS CC: S&P Downgrades ICR to 'CC' on Announced Recapitalization
------------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating to 'CC' from
'CCC+', with the expectation that S&P will lower its ratings to
'SD' (selective default) once the contemplated transaction closes.
S&P also placed the rating on CreditWatch with negative
implications.
S&P said, "Shortly following the completion of the transaction, we
expect to raise our rating, which will consider its significantly
improved capital structure. The exact rating level will depend on
our assessment of company's capital structure, liquidity, and
business prospects.
"At the same time, we lowered our issue-level rating on its senior
secured credit facilities to 'CC' from 'B-'.
"The CreditWatch negative placement reflects our expectation that
we will lower the ratings to 'SD' when the proposed transaction
closes, which we expect to happen this month."
Atlas CC Holding LLC, also known as Cubic Corp., has announced a
pending balance sheet recapitalization of its debt that we view as
distressed to support liquidity and cash flow.
S&P said, "We view the proposed transaction, if completed, as
distressed and tantamount to a default based on significant changes
to its debt obligations that eliminate debt, reduce interest, and
extend maturities.
"We view the proposed recapitalization as a distressed exchange and
tantamount to a default. The company expects to reduce its funded
debt by $370 million and lower its cash interest obligations by
about $70 million annually, which should improve its cash flow
profile. Meanwhile, the debt exchange will also extend maturities
by a year to May 2029. We believe the transaction offers lenders
less than the original promise because original interest and
principal terms are being amended downward while payment terms are
being extended.
"The transaction will improve Cubic's liquidity profile with $275
million of new liquidity, including a $170 million cash infusion
from its sponsors. We think the additional liquidity and reduced
debt burden should improve the sustainability of its capital
structure after the transaction closes. This will be a primary
consideration for our ratings following the completion of the
recapitalization. We will also reassess our expectations its future
financial performance, which we believe is likely to improve
relative to prior years.
"The CreditWatch negative placement reflects our expectation that
we will lower the issuer credit rating to 'SD' once the company
completes its proposed transaction. Subsequently, we expect to
review our issuer credit rating on Cubic and issue-level rating on
its restructured debt facilities, focusing on a forward-looking
assessment of the company's credit profile including liquidity,
capital structure, and business prospects."
BEC CAPITAL: Seeks to Hire BFSNG Law Group as Bankruptcy Counsel
----------------------------------------------------------------
BEC Capital Corp. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire BFSNG Law Group, LLP as
attorney.
The firm will render these services:
a. provide legal advice to the powers and duties of the
Debtor-in-Possession in the continued management of its business
and property;
b. represent the Debtor before the Bankruptcy Court;
c. advise and assist the Debtor in the preparation and
negotiation of a Plan of Reorganization with its creditors;
d. prepare all necessary or desirable applications, answers,
orders, reports, documents and other legal papers; and
e. perform all other legal services.
The firm will be paid at these rates:
Partners $585 to $685 per hour
Associates $500 to $550 per hour
Paralegals $210 per hour
The firm received a retainer in the amount of $20,000 plus $1,738
filing fee.
Heath Berger, Esq., a member of BFSNG Law Group, assured the court
that the firm is a "disinterested person" within the meaning of
Sec. 101(14) of the Bankruptcy Code, as required by Sec. 327(a) of
the Bankruptcy Code and does not hold or represent any interest
adverse to the Debtors.
The firm can be reached through:
Heath S. Berger, Esq.
Gary C. Fischoff, Esq.
BFSNG Law Group, LLP
6901 Jericho Turnpike, Suite 230
Syosset, NY 11791
Tel: (516) 747-1136
Email: hberger@bfslawfirm.com
About BEC Capital Corp.
BEC Capital Corp. operates the Blink Fitness franchise in
Lindenhurst, New York. The gym offers affordable membership options
and personal training for all fitness levels.
BEC Capital Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-71685) on April 30,
2025. In its petition, the Debtor reports total assets of $170,262
and total liabilities of $1,040,100.
Honorable Bankruptcy Judge Alan S. Trust handles the case.
The Debtor is represented by Heath S. Berger, Esq. at BFSNG LAW
GROUP, LLP.
BLUE CROSS: A.M. Best Affirms C++(Marginal) FS Rating
-----------------------------------------------------
AM Best has removed from under review with negative implications
and affirmed the Financial Strength Rating (FSR) of C++ (Marginal)
and the Long-Term Issuer Credit Ratings (Long-Term ICRs) of "b+"
(Marginal) of Blue Cross and Blue Shield of Vermont (BCBSVT) and
its subsidiary, The Vermont Health Plan, LLC, collectively known as
Blue Cross and Blue Shield of VT Group (BCBSVT Group). The outlook
assigned to the FSR is stable, while the outlook assigned to the
Long-Term ICRs is negative.
The Credit Ratings (ratings) reflect BCBSVT Group's balance sheet
strength, which AM Best assesses as weak, as well as its marginal
operating performance, limited business profile and marginal
enterprise risk management.
The negative outlook assigned to the Long-Term ICRs reflects AM
Best's concern regarding the continued pressure on BCBSVT Group's
balance sheet strength driven by very weak risk-adjusted
capitalization, as measured by Best's Capital Adequacy Ratio
(BCAR), and deteriorating balance sheet strength metrics due to
sizable operating losses through 2024.
BCBSVT Group's balance sheet strength remains challenged due to the
group's level of capital, both absolute and risk-adjusted, which
has declined over the past few years. BCBSVT's capital and surplus
was supported in late 2024 with a surplus note issued by Blue Cross
Blue Shield of Michigan Mutual Insurance Company, an affiliated
company. Even with the surplus note, the company remains under a
capital restoration plan by Vermont's Department of Financial
Regulation. As a result of the surplus note, the overall quality of
capital has declined, as over 50% of capital is in the form of a
surplus note. Additionally, liquidity metrics have had a declining
trend from 2020 to 2024, driven by poor underwriting performance.
BCBSVT Group has reported underwriting losses in four out of the
past five years driven by higher utilization, as well as medical
and pharmacy costs, which have been higher than expected. All
insured segments were impacted negatively by higher medical and
pharmacy claim trends in 2024. The company is focused on improving
underwriting profitability via rate increases and other initiatives
that should lead ultimately to an increase in its capital
position.
The limited business profile reflects the challenging regulatory
environment in Vermont, with the Department of Financial Regulation
overseeing regulatory capital while the Vermont Green Mountain Care
Board has oversight on rate increases. The objectives of the two
regulatory authorities have a history of not being aligned, which
historically has hindered BCBSVT Group's ability to obtain
requested rate increases. BCBSVT Group maintains a large market
share in Vermont, where a large majority of businesses are small in
scale, and maintains a large presence in the Affordable Care Act
marketplace. However, the group faces limited competition in these
markets due to few companies participating.
BULLER MEDIA: Gets Interim OK to Use Cash Collateral Until July 31
------------------------------------------------------------------
Buller Media Corporation received interim approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral.
The Debtor was authorized to utilize cash collateral from the
petition date through July 31 as per the approved budget.
The Debtor's budget shows total cash disbursements of $29,091 for
June and $22,265.75 for July.
As protection for any diminution in value of its collateral, Bay
First National Bank will be granted a continuing lien on
post-petition property and the proceeds thereof.
A final hearing is scheduled for July 30.
Buller Media has two outstanding loans with Bay First totaling over
$230,000, secured by personal property such as equipment, accounts,
and other business assets. The Debtor has about $30,151 in bank
accounts, $4,389 in accounts receivable, and approximately $25,855
in equipment.
About Buller Media Corporation
Buller Media Corporation sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-09018) on June
13, 2025. In the petition signed by Steven E. Buller, president,
the Debtor disclosed up to $50,000 in assets and up to $500,000 in
liabilities.
Judge Timothy A. Barnes oversees the case.
The Debtor is represented by:
Joel A Schechter, ESQ
Law Office Of Joel A. Schechter
Tel: 312-332-0267
Email: joel@jasbklaw.com
CAREERBUILDER + MONSTER: Gets OK for $35MM Stalking Horse Bid
-------------------------------------------------------------
Jonathan Randles of Bloomberg News reports that CareerBuilder and
Monster won approval from a Delaware bankruptcy judge on Tuesday,
July 8, 2025, to advance with the proposed $35.5 million sale of
their business divisions.
According to the report, the deals, designated as stalking horse
bids, set a minimum price for the company's assets ahead of a
potential Chapter 11 auction.
Judge J. Kate Stickles said she would approve the three initial
bids, which were unveiled when the companies filed for bankruptcy
last June 2025. Stalking horse bids are used to establish a
baseline offer and encourage higher bids during the auction
process.
About CareerBuilder + Monster Venture
CareerBuilder + Monster is an online job searching company.
CareerBuilder + Monster sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11200) on June 24,
2025. In its petition, the Debtor reports between $50 million and
$100 million in assets and owes between $100 million and $500
million.
Honorable Bankruptcy Judge J Kate Stickles handles the case.
The Debtor is represented by Daniel J. DeFranceschi, Esq. and
Zachary I. Shapiro, Esq. at Richards, Layton & Finger, P.A.
CARNICERIA LOS AMIGOS: Nathan Smith Named Subchapter V Trustee
--------------------------------------------------------------
The U.S. Trustee for Region 17 appointed Nathan Smith, Esq., as
Subchapter V trustee for Carniceria Los Amigos, Inc.
Mr. Smith, a partner at Malcolm & Cisneros, will be paid an hourly
fee of $550 for his services as Subchapter V trustee and will be
reimbursed for work-related expenses incurred.
Mr. Smith declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Nathan F. Smith, Esq.
Malcolm & Cisneros
2112 Business Center Drive
Irvine, CA 92612
Phone: (949) 252-9400
Email: nathan@mclaw.org
About Carniceria Los Amigos
Carniceria Los Amigos, Inc. sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Nev. Case No.
25-50559) on June 20, 2025, listing $50,001 to $100,000 in assets
and $100,001 to $500,000 in liabilities.
Judge Hilary L Barnes presides over the case.
The Debtors are represented by Kevin A. Darby, Esq. at DARBY LAW.
CARNIVAL CORP: Fitch Rates $2BB Unsecured Notes Due 2032 'BB+'
--------------------------------------------------------------
Fitch Ratings has assigned Carnival Corporation's (Carnival)
anticipated $2 billion senior unsecured notes issuance due 2032 a
'BB+' rating with a Recovery Rating of 'RR4'. Fitch currently rates
Carnival's Long-Term Issuer Default Rating (IDR) at 'BB+' with a
Positive Rating Outlook. Proceeds will be used, along with cash on
hand to prepay the remaining Term Loan B due 2028 and $1.4 billion
of 5.75% notes due 2027. This transaction represents a material
step in achieving a total unsecured and non-guaranteed capital
structure, positioning Carnival for an investment grade rating. Any
excess proceeds are expected to be used for debt repayment.
Carnival benefits from its scale, high operating margins, strong
liquidity, and its expectations of continued deleveraging.
Potential risks include an economic downturn that reduces leisure
demand and higher fuel prices. The Positive Outlook reflects
Fitch's belief that solid booking activity will continue and
management's commitment to debt reduction will lead to stronger
credit metrics.
Key Rating Drivers
Cruise Demand Remains Strong: Cruise companies benefit from
offering a better value proposition relative to resort vacations
and having a large base of repeat customers. Carnival, along with
Royal Caribbean and Norwegian Cruise Lines, has announced
historically high bookings for both 2025 and 2026. The long-term
nature of cruise bookings provides strong visibility, as
cancellations are not typically material. Carnival is guiding net
yield growth to rise by approximately 5.0% (constant currency) in
2025.
Continued Debt Reduction: Carnival's debt materially increased
during the pandemic to fund ship deliveries and cover operating
costs. Fitch expects debt to decline to $27 billion in 2025, from
$35.6 billion in 2022. Fitch also expects FCF growth and
management's commitment to investment-grade metrics to lead to a
rapid improvement in credit metrics. The decline in new ship
deliveries over the next three years should lead to greater FCF
growth and further debt reduction. Carnival also has approximately
$1.1 billion of convertible notes, which Fitch expects to be
largely settled through share exchanges.
Increased FCF Growth: Fitch expects EBITDA growth, lower interest
costs from debt reduction, and lower growth capex to result in
higher FCF through the forecast horizon. Fitch estimates FCF will
grow to $1.6 billion in 2025 and materially thereafter. Carnival
should also benefit from higher customer deposits due to the
continued growth in bookings. Fitch does not anticipate any
material shareholder returns until the company achieves
investment-grade status.
Leader in Cruise Industry: Carnival is the world's largest cruise
operator with multiple brands. Due to its brand acceptance and
market leading capacity, the company holds the top market share in
the North American and European markets, which contribute most of
its EBITDA. Historically, the company's scale has been a credit
positive, but pandemic-related disruptions severely impacted
Carnival due to its high fixed-cost structure and resulted in
delayed ship deliveries. Under normal cruise operating conditions,
Fitch considers Carnival's scale a positive factor.
Moderate Industry Capacity Growth: Capacity growth is expected to
be somewhat muted over the next several years due to the reduction
of new ship orders during the pandemic, as industry credit metrics
weakened. However, Fitch believes lower supply growth will support
net yield growth in the near term. Recent announcements of new ship
builds will mostly not affect the market until the end of the
decade, although capacity growth would still be modest.
Favorable Industry Dynamics: The top players in the cruise line
industry benefit from high barriers to entry due to significant
ship capex spend, low global market penetration rates relative to
other leisure activities, mobile assets that allow companies to
move to other markets when existing markets are facing uncertain
economic or geopolitical issues, and favorable tax treatment due to
their incorporation outside the U.S.
Peer Analysis
Carnival is the largest cruise ship operator in terms of berths and
passengers carried compared to Royal Caribbean Cruises Ltd.
(BBB-/Positive) and Norwegian Cruise Line Holdings, Ltd. (NR).
Carnival is also compared to other high-'BB' and low-'BBB' leisure
credits, such as Hyatt Hotels Corporation (BBB-/Stable) and Wyndham
Hotels & Resorts Inc. (BB+/Stable).
Carnival has materially greater scale and geographic
diversification than its comparable peers, although leverage is
higher. Fitch believes Carnival's scale and FCF generation will
result in materially improved credit metrics that will be more
indicative of an investment-grade credit over the forecast
horizon.
Key Assumptions
- Passengers carried expected to grow in the low single digits
during the forecast horizon. Occupancy expected to increase to 106%
in 2026 and beyond;
- Net yields are expected to increase 5% in 2025 and in the low- to
mid-single digits over the remainder of the forecast horizon, which
is below management guidance;
- Adjusted cruise costs per available lower berth days, excluding
fuel, are forecast to increase in the low- to mid-single digits
over the forecast horizon;
- Capex, including new ship deliveries, is expected to drop to $3.7
billion in 2025 and $3.6 billion in 2026;
- There are no assumptions for share repurchases, common dividends,
acquisitions or asset sales;
- FCF is expected to be applied to debt reduction through the
forecast horizon.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA Leverage sustaining above 4.5x;
- Economic or geopolitical event that lasts for an extended period
and results in a deterioration of the capital structure (i.e.
increased debt, use of secured or priority guaranteed financing);
- A more aggressive financial policy that includes accelerated ship
building plans or increased shareholder allocations that would
allow for credit metrics to become vulnerable during a weaker
economic environment.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Sustainable positive FCF with application to debt payment;
- EBITDA leverage approaching 4.0x;
- A debt structure that does not include secured or guaranteed
debt;
- (CFO-Capex)/Debt is greater than 10%.
Liquidity and Debt Structure
As of May 31, 2025, Carnival had $2.1 billion of cash and. $8.4
billion of undrawn export credit facilities to fund ship deliveries
planned through 2033. The company also has $4.5 billion of
borrowings available under its current RCF, maturing in June 2030.
Fitch expects Carnival to be FCF positive through the forecast
horizon, which further enhances liquidity.
Proceeds from the $2 billion senior unsecured issuance will be
used, along with cash on hand to prepay the remaining Term Loan B
due 2028 and $1.4B of 5.75% notes due 2027. The make whole premium
on the 2027 notes will be paid from cash on hand.
Carnival has material debt repayments due over the next several
years, including $3.0 billion due in 2027 and $5.2 billion due in
2028 pro forma the refinancing. Fitch believes debt reduction,
potential conversion of convertible debt exchanged into shares, and
refinancing opportunities should allow the company to address its
debt repayment schedule.
Fitch expects new ship deliveries to decline over the forecast
horizon. The company plans no ship additions in 2026, and will add
one each in 2027 and 2028. The company recently announced three new
ships for the Carnival brand and two ships for the Aida brand, but
the first delivery is not until 2029.
Issuer Profile
Carnival Corporation and Carnival plc (together, Carnival) is the
largest global cruise company and among the largest leisure travel
companies, with a portfolio of world-class cruise lines.
Date of Relevant Committee
May 9, 2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Carnival Corporation
senior unsecured LT BB+ New Rating RR4
CCA CONSTRUCTION: Deadline to File Claims Set for July 30, 2025
---------------------------------------------------------------
The U.S. Bankruptcy Court for the District of New Jersey set July
30, 2025, at 5:00 p.m. (prevailing Eastern Time) as the last date
and time for person and entities, and all governmental units to
file proofs of claim against CCA Construction Inc.
Each Proof of Claim, including supporting documentation, must be
submitted so that the Notice and Claims Agent actually receives the
Proof of Claim on or before the applicable Bar Date by:
i) electronically using the interface available on the Notice
and Claims Agent's website at
https://www.veritaglobal.net/CCAConstruction, or
ii) first-class U.S. Mail, which Proof of Claim must include an
original signature, at the following address:
CCA Construction Claims Processing Center
c/o KCC dba Verita
222 N Pacific Coast Highway, Suite 300
El Segundo, CA 90245
iii) overnight mail, or other hand-delivery system, which Proof of
Claim must include an original signature, at the following
address:
By First-Class U.S. Mail, Overnight Courier or Hand Delivery to:
CCA Construction Claims Processing Center
c/o KCC dba Verita
222 N Pacific Coast Highway, Suite 300
El Segundo, CA 90245
Proofs of claim submitted by facsimile or email will not be
accepted and will not be deemed timely submitted.
Additional Proof of Claim Forms may be obtained by contacting the
Debtor's notice and claims agent, Kurtzman Carson by calling (866)
506-4002 (Toll Free) for callers or by calling +1 (781) 575-2094
for callers outside the United States and/or visiting the Debtor's
restructuring website at:
https://www.veritaglobal.net/CCAConstruction.
About CCA Construction
CCA Construction Inc., doing business as China Construction America
Inc., ProServ Shared Services, and Plaza Construction, was
established in 1993 as a Delaware corporation, and it is a direct
subsidiary of CSCEC Holding Company, Inc., also a Delaware
corporation. CSCEC Holding, CCA, and CCA's subsidiaries are
discrete pieces of CSCEC's broader business, which is operated by
more than 100 distinct entities located throughout the world, eight
of which are publicly traded. Together, the group of affiliated
entities makes up the largest construction company in the world,
operating in more than 100 countries and regions globally, covering
investment, development, construction engineering, survey and
design.
CCA Construction Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 24-22548) on December 22,
2024. In the petition filed by Yan Wei, chairman and chief
executive officer, the Debtor reports reports estimated assets
between $100 million and $500 million and estimated liabilities
between $1 billion and $10 billion.
Honorable Bankruptcy Judge Christine M. Gravelle handles the case.
The Debtor tapped M. Natasha Labovitz, Esq., Sidney P. Levinson,
Esq., Elie J. Worenklein, Esq., and Rory B. Heller, Esq., at
Debevoise & Plimpton LLP, in New York as general bankruptcy
counsel; Michael D. Sirota, Esq., Ryan T. Jareck, Esq., Warren A.
Usatine, Esq., and Felice R. Yudkin, Esq., at Cole Schotz PC in
Hackensack, New Jersey as bankruptcy co-counsel; and BDO Consulting
Group, LLC as financial advisor. Kurtzman Carson Consultants, LLC,
dba Verita Global, is the administrative advisor.
CENTER FOR SPECIAL: Largo Property Sale to Blake Hendrickson OK'd
-----------------------------------------------------------------
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.
Originally, the Property was purchased by another Govoni affiliate,
Broadleaf Property Management LLC in February 22, 2010, then
transferred to another Govoni affiliate, Broadleaf Properties LLC,
and finally to Artspace in January 5, 2022.
Artspace's purchase of the Real Property was part of a larger
transaction involving other real property which transaction was
funded by the Bank OZK, who issued a promissory note totaling
$3,690,082.00 secured by a mortgage on the various properties that
were part of the transaction, including the Real Property at
issue in this Motion. The Bank of OKZ eventually sold their note
and mortgage encumbering the
Real Property to Teal Holdings, LLC.
The Court has approved the Trustee to sell the Property located at
752 2nd Avenue, Northeast Largo, FL 33770 to Blake M. Hendrickson
for a total purchase price of $380,000.
The Court also ordered to transfer all of Mr. Govoni's LLC
membership interests to the Chapter 11 Trustee, the Chapter 11
Trustee is the sole member of Artspace Properties LLC.
As as 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.
The 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 Property is approved, with 100% of
the net sale proceeds to go to the Teal Holdings, LLC.
The Court held that The Proposed Sale of the Real Property is
undertaken by the Purchaser in good faith.
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.
CINEMEX HOLDINGS: Seeks to Hire Bast Amron LLP as Legal Counsel
---------------------------------------------------------------
Cinemex Holdings USA, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ Bast Amron LLP
as counsel.
The firm's services will include:
a. advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's guidelines and reporting
requirements and with the rules of the bankruptcy court;
b. prepare legal documents;
c. protect the interests of the Debtor in all matters pending
before the court; and
d. represent the Debtor in negotiations with its creditors and
in the preparation and confirmation of a Chapter 11 plan.
Jeffrey P. Bast's current standard rate is $825 per hour. The rest
of Bast Amron's paralegals and attorneys have standard rates of
$130 to $825 per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The firm received a retainer of $50,000.
Jeffrey Bast, Esq., a partner at Bast Amron LLP, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jeffrey Bast, Esq.
Hunter J. Grasso, Esq.
BAST AMRON LLP
One Southeast Third Avenue, Suite 1400
Miami, FL 33131
Tel: (305) 379-7904
Fax: (305) 379-7905
Email: jbast@bastamron.com
hgrasso@bastamron.com
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.
CINEMEX HOLDINGS: Seeks to Tap Omni Agent as Administrative Agent
-----------------------------------------------------------------
Cinemex Holdings USA, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ Omni Agent
Solutions, Inc. to serve as noticing, balloting, and 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 $12,000
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 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.
COMPAC USA: Deadline to File Claims Set for Aug. 26, 2025
---------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida set
Aug. 26, 2025, at 5:00 p.m. (ET) as the last date and time for
persons to file proofs of claim against Compac USA Inc. to keep
their right compensation for silicosis or other related illnesses.
The Debtor has been sued by parties that allegedly were exposed to
silica found in the Debtor's product in the course of cutting or
manipulating the products. The Debtor is one of many defendants in
the lawsuits, and most defendant are much large than the Debtor.
The Debtor denies its products were the cause of any harm and
believes it properly warned all parties of risks of manipulating
the products without the disclosed safety precautions. No
plaintiff has obtained judgment against the Debtor.
To submit a proof of claim online, go to
https//www.flsb.uscourts.gov/file-proof-claim-electronically. For
paper proof of claim contact Pack Law at joe@packlaw.com or call
(305) 916-4500. To file a paper proof of claim, mail to the
clerk's offices:
C. Clyde Atkins
United State Courthouse
301 N. Miami Ave.
Room 150
Miami, FL 33128
If you wold like copies of the Debtor's bankruptcy documents and
other information contact the Company's counsel at (305) 916-4500,
email at joe@packlaw.com and jessey@packlaw.com or letter to Pack
Law, 51 NE 24th St., #108, Miami, FL 33137.
About Compac USA Inc.
Compac USA Inc. is a Florida entity incorporated in 2002 to market
and sell Compac stone products. The Debtor specializes in obsidian,
terrazzo, and quartz surfaces for architecture and design. The
Debtor maintains showrooms in Miami, Florida and New York, New
York.
Compac USA sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Fla. Case No. 24-23372) on Dec. 21, 2024.
Francisco A. Sanchis-Brines, president of Compac USA, signed the
petition.
As of November 24, 2024, Compac USA reported total assets of
$5,342,926 and total liabilities of $739,872.
Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Joseph A. Pack, Esq. at Pack Law.
DANIEL TRUCKING: Case Summary & 20 Largest Unsecured Creditor
-------------------------------------------------------------
Debtor: Daniel Trucking International, Inc.
555 Allendale Drive, Suite D
Wheeling, IL 60090
Business Description: Daniel Trucking International, Inc. provides
refrigerated freight transportation services
across the contiguous United States. Based
in Wheeling, Illinois, the Company operates
a fleet authorized for interstate hauling
and serves clients in the logistics and
trucking industry.
Chapter 11 Petition Date: July 7, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-10329
Judge: Hon. Deborah L Thorne
Debtor's Counsel: David Freydin, Esq.
LAW OFFICES OF DAVID FREYDIN
8707 Skokie Blvd., Suite 305
Skokie, IL 60077
Tel: 888-536-6607
Fax: 866-575-3765
E-mail: david.freydin@freydinlaw.com
Total Assets: $3,268,500
Total Liabilities: $8,274,592
The petition was signed by Pavel Pavlov as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7YPN4MI/Daniel_Trucking_International__ilnbke-25-10329__0001.0.pdf?mcid=tGE4TAMA
DB ASSETS: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------
The U.S. Trustee for Region 21 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of DB Assets, LLC.
About DB Assets
DB Assets, LLC, a company in Marietta, Ga., engages in residential
building construction, focusing on the development of new
single-family and multi-family housing. It also undertakes
remodeling and renovation projects for existing homes.
DB Assets sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ga. Case No. 25-55062) on May 5, 2025. In its
petition, the Debtor reported estimated assets between $1 million
and $10 million and estimated Liabilities between $500,000 and $1
million.
Judge Paul Baisier oversees the case.
The Debtor is represented by Charles N. Kelley, Jr., Esq., at
Kelley Law, LLC.
DEL MONTE: Seeks to Hire Stretto Inc as Claims and Noticing Agent
-----------------------------------------------------------------
Del Monte Foods Corporation II Inc. and its affiliates seek
approval from the U.S. Bankruptcy Court for the District of New
Jersey to hire Stretto, Inc. as claims and noticing agent.
Stretto 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 seek reimbursement for expenses incurred.
Sheryl Betance, a senior managing director at Stretto, 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:
Sheryl Betance
Stretto Inc.
410 Exchange, Ste. 100
Irvine, CA 92602
Telephone: (714) 716-1872
Email: sheryl.betance@stretto.com
About Del Monte Foods Corporation II Inc.
Del Monte Foods, Inc. produces, distributes, and markets branded
plant-based packaged food products in the United States and
Mexico.
Del Monte Foods Corporation II Inc. and its affiliates filed their
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. D.N.J. Lead Case No. 25-16984) on July 1, 2025,
listing $1,000,000,001 to $10 billion in both assets and
liabilities.
Judge Michael B Kaplan presides over the case.
Michael D. Sirota, Esq. at Cole Schotz P.C. represents the Debtor
as counsel.
EDMONDS WELLNESS: Unsecured Creditors to Split $10K in Plan
-----------------------------------------------------------
Edmonds Wellness Clinic, Inc., filed with the U.S. Bankruptcy Court
for the Western District of Washington a Plan of Reorganization
dated June 18, 2025.
The Debtor operates as a wellness clinic which started in early
2001 in Edmonds, WA. Over the years the Debtor has had a variety of
providers work at the clinic including doctors, chiropractors,
mental health therapists, massage therapists, NDs, and
acupuncturists.
In an effort to keep the business open and continue servicing the
outstanding debt, the Debtor obtained multiple merchant cash
advance loans, all of which carried a high interest rate. The loans
were obtained with the hope of seeing a shift in revenue that would
put the business back on track. While 2024 has seen moderate
changes, due to the outstanding debt incurred and large required
payments, it has become increasingly difficult to service the debt
incurred.
Facing mounting collection pressure, including a lien sent to
patients by one of the Debtor's creditors, an emergency petition
was filed under Chapter 11, Subchapter V on March 20, 2025 (herein
the "Petition Date") in an effort to reorganize the outstanding
debt owed and allow the Debtor to continue operating.
This Plan provides for unclassified administrative claims, one
class of secured claims, one class of unsecured claims, and one
class of equity security holders.
Class 2 consists of General Unsecured Claims. Allowed Class 2
claims will be paid a prorata share of $10,000.00. This will be
paid at $190.00 per month beginning October 20, 2025. To maximize
efficiency for Class 2 claims and the Debtor, the Debtor may pay
the total amount to be received under the plan to each creditor as
a lump sum payment.
In addition to the scheduled claims on Schedule F, this class
includes the claims of:
* Bankers Healthcare Group, LLC pursuant to the unsecured
proof of claim filed by creditor;
* The Fundworks, LLC pursuant to the unsecured proof of claim
filed by creditor;
* Marlin Leasing pursuant to unsecured proof of claim filed by
creditor;
* Kapitus, LLC and United First, LLC/Global Funding Experts,
as no value exists in Debtor's assets to pay the claim as a secured
claim after payment to Celtic Bank Corporation.
* QL Tilting Trust, LTD as a deficiency claim after surrender
of the collateral pursuant to the amounts shown on the filed
schedules.
The Plan will be funded with revenue from the Debtor's operation.
It is anticipated the Debtor's fixed expenses will remain
relatively constant moving forward with variable expenses
increasing proportionately with revenue. Debtor expects the income
and expenses to remain consistent through the life of the Plan.
A full-text copy of the Plan of Reorganization dated June 18, 2025
is available at https://urlcurt.com/u?l=ERfrDc from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jennifer L. Neeleman, Esq.
Neeleman Law Group, PC
1403 8th Street
Marysville, WA 98270
Telephone: (425) 212-4800
Email: jennifer@neelemanlaw.com
About Edmonds Wellness Clinic
Edmonds Wellness Clinic Inc. is a comprehensive naturopathic and
alternative medicine center located in Edmonds, Washington.
Edmonds Wellness Clinic sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-10741) on March 20,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $500,000 and $1 million in liabilities.
Judge Christopher M. Alston handles the case.
The Debtor is represented by Thomas D. Neeleman, Esq., at Neeleman
Law Group.
FELTRIM TUSCANY: Unsecureds to be Paid in Full over 60 Months
-------------------------------------------------------------
Feltrim Tuscany Preserve, LLC, filed with the U.S. Bankruptcy Court
for the Middle District of Florida a Plan for Small Business under
Subchapter V dated June 18, 2025.
The Debtor is a Florida limited liability company organized in 2014
by Garrett Kenny. From its inception until approximately 2020, the
Debtor developed a gated community of 225 townhomes within the
Tuscany Preserve master development known as Tuscany Preserve by
Feltrim at Lake Marion.
Beginning in or about 2022, the Debtor acquired six residential
rental properties located in the Balmoral Resort Vacation community
in Haines City, Florida from an affiliate, Balmoral Estates, LP
("BELP") in consideration for the Debtor obtaining third-party
financing to take out BELP's existing, matured construction loans.
As of the Petition Date, the Debtor owned and leased the following
properties: (a) 199 Kenny Boulevard, (b) 124 Angela's Avenue; (c)
147 Angela's Avenue, (d) 149 Angela's Avenue, (e) 164 Angela's
Avenue, and (f) 134 McCaulay's Cove (the "Properties").
The Properties are now fully occupied with tenants who are timely
paying rent. With the Debtor's operational issues remedied, the
Debtor filed this case to restructure its obligations with its
secured lenders and to pay other creditors from its projected
disposable income.
The Debtor's financial projections show that the Debtor will be
able to distribute projected disposable income to the holders of
allowed administrative, priority tax, secured, and unsecured
creditors. The Debtor anticipates that the Plan will be confirmed
in August 2025, and distributions to administrative, priority,
secured, and unsecured creditors will commence in September 2025.
The distributions under the Plan will be derived from: (i) existing
cash on hand on the Effective Date, (ii) revenues generated by
continued business operations, (iii) sales or refinancings of the
Properties, and (iv) contributions from Garrett Kenny.
Class 8 consists of All NonPriority, Non-Insider Unsecured Claims.
Each holder of an allowed Class 8 Claim will be paid in full in
equal monthly installments over a period of sixty months commencing
on the first day of the month following the Effective Date. Class 8
is impaired by the Plan.
Class 9 consists of All NonPriority, Insider and Affiliate
Unsecured Claims. All Class 9 Claims are subordinated to Class 8
and no holder of an allowed Class 9 Claim shall receive any
distribution under the Plan until the holders of all allowed Class
8 Claims have been paid in full. Class 9 is impaired by the Plan.
Class 10 is comprised of all equity interests in the Debtor, which
are owned by Garrett Kenny. Mr. Kenny will retain his equity
interests in the Debtor. No distributions will be made to Mr. Kenny
until the payments under Article 3 of the Plan and the
distributions to Classes 1 to 8 have been made.
Payments required under the Plan will be funded by: (i) existing
cash on hand on the Effective Date, (ii) revenues generated by
continued business operations, (iii) sales or refinancings of the
Properties, and (iv) contributions from Garrett Kenny.
A full-text copy of the Plan of Reorganization dated June 18, 2025
is available at https://urlcurt.com/u?l=yJcdJr from
PacerMonitor.com at no charge.
Attorneys for the Debtor:
Amy Denton Mayer, Esq.
STICHTER, RIEDEL, BLAIN & POSTLER, P.A.
110 East Madison Street, Suite 200
Tampa, Florida 33602
Telephone: (813) 229-0144
Email: amayer@srbp.com
About Feltrim Tuscany Preserve
Feltrim Tuscany Preserve, LLC, a company in Haines City, Fla.,
filed a petition under Chapter 11, Subchapter V of the Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-01693) on March 20, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Catherine Peek Mcewen handles the case.
Amy Denton Mayer, Esq., at Stichter Riedel Blain & Postler, P.A.,
is the Debtor's legal counsel.
FLUENT INC: Matthew Conlin Holds 16.1% Stake as of June 18
----------------------------------------------------------
Matthew Conlin disclosed in a Schedule 13D (Amendment No. 6) filed
with the U.S. Securities and Exchange Commission that as of June
18, 2025, he beneficially owns 3,797,607 shares of common stock of
Fluent, Inc., including shares held directly and indirectly through
family trusts and investment entities, as well as shares issuable
upon conversion of a subordinated promissory note and the exercise
of pre-funded warrants. These shares represent 16.1% of the
21,853,756 shares of common stock outstanding.
Matthew Conlin may be reached through:
Daniel J. Barsky, Esq.
300 Vesey Street, 9th Floor
New York, NY 10282
Phone: (646) 669-7272
A full-text copy of Matthew Conlin's SEC report is available at:
https://tinyurl.com/4t39rsx4
About Fluent Inc.
Fluent, Inc. -- https://www.fluentco.com -- Fluent, Inc. provides
commerce media solutions that connect brands with consumers through
customer acquisition and digital marketing campaigns. The Company
utilizes proprietary machine learning, first-party data, and
diverse ad inventory across partner ecosystems and owned sites.
Headquartered in the U.S., Fluent has operated in the performance
marketing sector since 2010.
The Company warned in its quarterly report for the period ended
March 31, 2025, that it may adopt cost-cutting measures if it
cannot raise sufficient capital to support operations. Management
said there is substantial doubt about its ability to continue as a
going concern for the 12 months following the report's issuance.
New York, New York-based Grant Thornton LLP issued a "going
concern" qualification in its report dated March 31, 2025, citing
that as of Dec. 31, 2024, the Company was not in compliance with
financial covenants of the SLR Credit Agreement. On March 10,
2025, the Company entered into the Fourth Amendment to the SLR
Credit Agreement, which among other things, waived the
non-compliance with the financial covenants as of Dec. 31, 2024.
The Company's business plan for 2025, contemplates reduced
operating losses, maintaining compliance with the revised financial
covenants under the SLR Credit Agreement and obtaining additional
working capital. The Company's ability to achieve the foregoing
elements of its business plan and maintaining compliance with its
financial covenants is uncertain and raises substantial doubt about
its ability to continue as a going concern.
FLUENT INC: Ryan Schulke Holds 21.1% Equity Stake as of June 18
---------------------------------------------------------------
Ryan Schulke, disclosed in a Schedule 13D (Amendment No. 7) filed
with the U.S. Securities and Exchange Commission that as of June
18, 2025, he beneficially owns 4,934,295 shares of common stock of
Fluent, Inc., including shares held directly and indirectly through
trusts and investment entities, as well as shares issuable upon
conversion of a subordinated promissory note and the exercise of
pre-funded warrants. These shares represent 21.1% of the 21,853,756
shares of common stock outstanding as of the same date.
Ryan Schulke may be reached through:
Daniel J. Barsky, Esq.
300 Vesey Street, 9th Floor
New York, NY 10282
Phone: (646) 669-7272
A full-text copy of Ryan Schulke's SEC report is available at:
https://tinyurl.com/35vpd3mu
About Fluent Inc.
Fluent, Inc. -- https://www.fluentco.com -- Fluent, Inc. provides
commerce media solutions that connect brands with consumers through
customer acquisition and digital marketing campaigns. The Company
utilizes proprietary machine learning, first-party data, and
diverse ad inventory across partner ecosystems and owned sites.
Headquartered in the U.S., Fluent has operated in the performance
marketing sector since 2010.
The Company warned in its quarterly report for the period ended
March 31, 2025, that it may adopt cost-cutting measures if it
cannot raise sufficient capital to support operations. Management
said there is substantial doubt about its ability to continue as a
going concern for the 12 months following the report's issuance.
New York, New York-based Grant Thornton LLP issued a "going
concern" qualification in its report dated March 31, 2025, citing
that as of Dec. 31, 2024, the Company was not in compliance with
financial covenants of the SLR Credit Agreement. On March 10,
2025, the Company entered into the Fourth Amendment to the SLR
Credit Agreement, which among other things, waived the
non-compliance with the financial covenants as of Dec. 31, 2024.
The Company's business plan for 2025, contemplates reduced
operating losses, maintaining compliance with the revised financial
covenants under the SLR Credit Agreement and obtaining additional
working capital. The Company's ability to achieve the foregoing
elements of its business plan and maintaining compliance with its
financial covenants is uncertain and raises substantial doubt about
its ability to continue as a going concern.
FLUENT INC: Stockholders OK All Proposals at Annual Meeting
-----------------------------------------------------------
Fluent, Inc. held its 2025 Annual Meeting of Stockholders
virtually. The total number of shares represented in person or by
proxy at the Annual Meeting was 13,987,707 of the 20,643,660 shares
of the Company's common stock outstanding and entitled to vote at
the Annual Meeting as of the April 24, 2025 record date. The
following matters were voted upon at the Annual Meeting:
(a) The election of seven directors to serve for a one-year
term until the 2026 Annual Meeting of Stockholders or until their
successors are duly elected and qualified:
1. Matthew Conlin
* Votes For: 6,051,573
* Votes Against: 115,897
* Abstain: 909
* Broker Non-Votes: 3,559,872
2. James P. Geygan
* Votes For: 6,059,085
* Votes Against: 108,384
* Abstain: 910
* Broker Non-Votes: 3,559,872
3. David A. Graff
* Votes For: 6,056,020
* Votes Against: 111,450
* Abstain: 909
* Broker Non-Votes: 3,559,872
4. Barbara Shattuck Kohn
* Votes For: 5,998,291
* Votes Against: 169,179
* Abstain: 909
* Broker Non-Votes: 3,559,872
5. Donald Mathis
* Votes For: 6,000,914
* Votes Against: 166,556
* Abstain: 909
* Broker Non-Votes: 3,559,872
6. Richard Pfenniger, Jr.
* Votes For: 5,977,632
* Votes Against: 189,845
* Abstain: 902
* Broker Non-Votes: 3,559,872
7. Ryan Schulke
* Votes For: 6,059,399
* Votes Against: 108,070
* Abstain: 910
* Broker Non-Votes: 3,559,872
(b) The approval, on an advisory basis, of the 2024
Compensation of the Company's named executive officers
(Say-on-Pay):
* Votes For: 5,990,687
* Votes Against: 119,944
* Abstain: 57,748
* Broker Non-Votes: 3,559,872
(c) The ratification of the appointment of Grant Thornton LLP
as the Company's independent registered public accounting firm for
the year ending December 31, 2024:
* Votes For: 9,368,031
* Votes Against: 350,451
* Abstain: 9,769
(d) The approval, or purposes of complying with Nasdaq Listing
Rules 5635(b) and 5635(c), pre-funded warrants issued pursuant to
those certain securities purchase agreements dated as of November
29, 2024 to certain of the Company's directors and/or officers and
any shares of the Company's common stock issuable upon exercise
thereof:
* Votes For: 6,049,521
* Votes Against: 117,114
* Abstain: 1,744
* Broker Non-Votes: 3,559,872
(e) The approval, for purposes of complying with Nasdaq
Listing Rules 5635(b) and 5635(c), pre-funded warrants issued
pursuant to those certain securities purchase agreements dated as
of March 19, 2025 to certain of the Company's directors and/or
officers and any shares of the Company's common stock issuable upon
exercise thereof:
* Votes For: 6,050,654
* Votes Against: 115,880
* Abstain: 1,845
* Broker Non-Votes: 3,559,872
(f) The approval, for the purposes of complying with Nasdaq
Listing Rules 5635(b), 5635(c) and 5635(d), the convertible
subordinated promissory notes issued pursuant to those certain
securities purchase agreements dated as of August 19, 2024 to
certain of the Company's directors and/or officers, and in certain
cases affiliates of such persons, and a principal stockholder of
the Company and the conversion of such notes into shares of the
Company's common stock in excess of the share cap on conversion and
any future adjustments of the Conversion Price (as defined in the
notes) of such notes:
* Votes For: 6,050,405
* Votes Against: 116,390
* Abstain: 1,584
* Broker Non-Votes: 3,559,872
(g) The approval of an amendment to the Fluent, Inc. 2022
Omnibus Equity Incentive Plan to increase the number of shares of
common stock reserved thereunder to 3,666,666 shares from 1,666,666
shares:
* Votes For: 5,223,212
* Votes Against: 944,457
* Abstain: 710
* Broker Non-Votes: 3,559,872
(8) The approval of an adjournment of the Annual Meeting, if
necessary or advisable, to solicit additional proxies in favor of
any of the foregoing proposals if there are not sufficient votes to
approve any such proposals:
* Votes For: 9,198,133
* Votes Against: 528,710
* Abstain: 1,408
About Fluent Inc.
Fluent, Inc. -- https://www.fluentco.com -- Fluent, Inc. provides
commerce media solutions that connect brands with consumers through
customer acquisition and digital marketing campaigns. The Company
utilizes proprietary machine learning, first-party data, and
diverse ad inventory across partner ecosystems and owned sites.
Headquartered in the U.S., Fluent has operated in the performance
marketing sector since 2010.
The Company warned in its quarterly report for the period ended
March 31, 2025, that it may adopt cost-cutting measures if it
cannot raise sufficient capital to support operations. Management
said there is substantial doubt about its ability to continue as a
going concern for the 12 months following the report's issuance.
New York, New York-based Grant Thornton LLP issued a "going
concern" qualification in its report dated March 31, 2025, citing
that as of Dec. 31, 2024, the Company was not in compliance with
financial covenants of the SLR Credit Agreement. On March 10,
2025, the Company entered into the Fourth Amendment to the SLR
Credit Agreement, which among other things, waived the
non-compliance with the financial covenants as of Dec. 31, 2024.
The Company's business plan for 2025, contemplates reduced
operating losses, maintaining compliance with the revised financial
covenants under the SLR Credit Agreement and obtaining additional
working capital. The Company's ability to achieve the foregoing
elements of its business plan and maintaining compliance with its
financial covenants is uncertain and raises substantial doubt about
its ability to continue as a going concern.
FOREST GOOD: Hires Buckmiller & Frost as Bankruptcy Counsel
-----------------------------------------------------------
Forest Good Eats, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of North Carolina to hire Buckmiller &
Frost, PLLC to handle the Chapter 11 proceedings.
The firm will be paid at these rates:
Matthew W. Buckmiller $400 per hour
Joseph Z. Frost $375 per hour
Yorlibeth Martinez $300 per hour
Paralegals, Law Clerks, & Staff $65 to $160 per hour
The firm received from the Debtor a retainer of $21,738.
Buckmiller & Frost is a disinterested person within the meaning of
Sec. 101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Joseph Z. Frost, Esq.
Buckmiller & Frost, PLLC
4700 Six Forks Road, Suite 150
Raleigh, NC 27609
Tel: (919) 296-5040
Fax: (919) 977-7101
Email: jfrost@bbflawfirm.com
About Forest Good Eats
Forest Good Eats, LLC operates Real McCoy's, a restaurant and
sports bar in Wake Forest, North Carolina. The establishment offers
American cuisine and craft beer in a casual setting.
Forest Good Eats sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-02018) on May 30,
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 David M. Warren handles the case.
The Debtor is represented by Joseph Z. Frost, Esq., at Buckmiller &
Frost, PLLC.
GREEN SAPPHIRE: Hires Adelman & Gettleman as Bankruptcy Counsel
---------------------------------------------------------------
Green Sapphire Holdings Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to hire
Adelman & Gettleman, Ltd. as counsel.
The firm's services include:
a. reviewing and analyzing bank documentation, corporate
documentation, contracts to which the Debtor is a party and other
necessary documentation and information regarding the Debtor or
otherwise evidencing claims which have been or may be asserted
against the Company and its properties;
b. identifying for prosecution and eventual recovery claims or
potential claims of the bankruptcy estate;
c. preparing various motions and other court filings required
by the Bankruptcy Code to allow the Debtor to operate in the
ordinary course of business in the Chapter 11 Case as
debtor-in-possession; and
d. advising the Debtor and preparing the appropriate pleadings
on actions to be taken in the Chapter 11 Case, including: (i)
formulating and drafting a chapter 11 plan of reorganization; (ii)
taking the steps necessary to secure the continued prosecution of
pending litigation and pursuing fraudulent transfers, which may
include seeking retention of special litigation counsel; and (iii)
performing such other duties and responsibilities of counsel to the
debtor-in-possession in the Chapter 11 Case.
The firm will be paid at these rates:
Howard L. Adelman $695 per hour
Chad H. Gettleman $695 per hour
Henry B. Merens $695 per hour
Adam P. Silverman $595 per hour
Steven B. Chaiken $550 per hour
Erich S. Buck $550 per hour
Alexander F. Brougham $475 per hour
Nicholas R. Dwayne $475 per hour
Tevin D. Bowens $395 per hour
Dina A. Kostrow $395 per hour
Paralegals/Law Clerks $150 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Henry B. Merens, a partner at Adelman & Gettleman, Ltd, 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:
Henry B. Merens, Esq.
Steven B. Chaiken, Esq.
Alexander F. Brougham, Esq.
Adelman & Gettleman, Ltd.
53 West Jackson Blvd., Suite 1050
Chicago, IL 60604
Tel: (312) 435-1050
Fax: (312) 435-1059
About Green Sapphire Holdings Inc.
Green Sapphire Holdings Inc., f/d/b/a Organic Fuels Holdings, Inc.,
provides specialized financial investment services, including
portfolio management and investment advisory, operating within the
broader financial sector.
Green Sapphire Holdings Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-07412) on May
14, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $50 million and $100 million.
Honorable Bankruptcy Judge Jacqueline P. Cox handles the case.
The Debtors are represented by Steven B. Chaiken, Esq. at ADELMAN &
GETTLEMAN, LTD.
GRETNA PLUMBING: Hires McGrath North Mullin & Kratz as Counsel
--------------------------------------------------------------
Gretna Plumbing and Drain, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Nebraska to hire McGrath North
Mullin & Kratz, PC, LLO as bankruptcy counsel.
The firm's services include:
(a) perform all necessary services as the Debtor's bankruptcy
counsel;
(b) advise the Debtor with respect to its powers and duties in
the continued management and operation of its business and
property;
(c) attend meetings and negotiate with creditors and other
parties-in-interest;
(d) take all necessary action to protect and preserve the
Debtor's estate;
(e) prepare, or coordinate preparation, on behalf of the
Debtor of all legal papers necessary to the administration of its
estate;
(f) take any necessary action on behalf of the Debtor to
obtain approval of a disclosure statement and confirmation of a
plan of reorganization;
(g) represent the Debtor in connection with any potential
post-petition financing;
(h) appear before the court, any appellate courts, and the
United States Trustee and protect the interests of Debtor's estate
before those courts and the United States Trustee; and
(i) perform all other necessary legal services to the Debtor
in connection with this Chapter 11 case.
The firm will be compensated according to their standard hourly
rates plus out-of-pocket expenses.
Prior to the petition date, the firm received a total retainer in
the amount of $17,500 from the Debtor.
Lauren Goodman, Esq., an attorney at McGrath North Mullin & Kratz,
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:
Lauren R. Goodman, Esq.
McGrath North Mullin & Kratz P.C. LLO
First National Tower, Suite 3700
1601 Dodge Street
Omaha, NE 68102
Telephone: (402) 341-3070
Facsimile: (402) 341-0216
Email: lgoodman@mcgrathnorth.com
About Gretna Plumbing and Drain
Gretna Plumbing and Drain, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Neb. Case No.
25-80549) on June 5, 2025, listing up to $500,000 in assets and up
to $1 million in liabilities. John August Ellis, president of
Gretna Plumbing and Drain, signed the petition.
Lauren Goodman, Esq., at McGrath North, represents the Debtor as
legal counsel.
HALL LABS: Court OKs Appointment of Successor Chapter 11 Trustee
----------------------------------------------------------------
Judge Joel Marker of the U.S. Bankruptcy Court for the District of
Utah approved the appointment of Mark Rose of McKay Burton &
Thurman, P.C. as successor Chapter 11 trustee for Halls Labs, LLC.
Mr. Rose was appointed on June 20 by the Office of the U.S. Trustee
for Region 19, the Justice Department's bankruptcy watchdog
overseeing the company's Chapter 11 case.
The successor Chapter 11 trustee can be reached at:
Mark C. Rose
McKay Burton & Thurman, P.C.
2180 South 1300 East, Suite 400
Salt Lake City, Utah 84106
Email: mrose@mbt-law.com
About Hall Labs LLC
Hall Labs LLC focuses on developing and monetizing intellectual
property across various industries by bringing together scientists
and engineers to solve complex problems. After prototyping and
market validation, Hall Labs licenses its technologies to newly
formed entities, which then commercialize and further develop the
innovations. The Company generates revenue through the sale of
technologies, patents, and company interests, while its portfolio
companies become self-sustaining and progress toward an exit.
Hall Labs sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Utah Case No. 25-21038) on March 5, 2025. In its
petition, the Debtor reported assets between $100 million and $500
million and liabilities between $50 million and $100 million.
Honorable Bankruptcy Judge Joel T. Marker handles the case.
Andres Diaz, Esq., at Diaz & Larsen serves as the Debtor's counsel.
HARLING INC: Court Extends Cash Collateral Access to July 23
------------------------------------------------------------
Harling, Inc. received another extension from the U.S. Bankruptcy
Court for the Northern District of Illinois, Eastern Division, to
use cash collateral.
The interim order penned by Judge Jacqueline Cox authorized the
interim use of cash collateral retroactive to the date of filing
the Debtor's Chapter 11 case through July 23.
As protection from any diminution in the value of its collateral,
Byline Bank was granted a first-priority lien on property acquired
by the Debtor after the petition date, including all proceeds and
products thereof, to the same extent and with the same priority as
its pre-bankruptcy lien.
A further hearing is scheduled for July 22.
The Debtor previously entered into two loan agreements with Byline
Bank: one for $250,000 and another for $1,050,000, both secured by
the Debtor's assets, including equipment, inventory, accounts
receivable, and general intangibles. Byline Bank has filed proofs
of claim for $218,647 and $741,213 on those respective loans.
The Debtor's schedules list total assets of $29,137, primarily
composed of $21,447 in accounts receivable and $3,500 in office
furniture and equipment.
About Harling Inc.
Harling Inc. specializes in masonry facade repair, restoration, and
building waterproofing services for commercial, industrial, and
institutional buildings. It is based in Broadview, Ill.
Harling sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-04324) on March 1,
2025. In its petition, the Debtor reported between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Judge Jacqueline P. Cox handles the case.
Joel Schechter, Esq., at the Law Offices of Joel A. Schechter is
the Debtor's legal counsel.
Byline Bank, as secured creditor, is represented by:
Martin J. Wasserman, Esq.
Carlson Dash, LLC
216 S. Jefferson St., Suite 303
Chicago, IL 60661
Phone: 312-382-1600
mwasserman@carlsondash.com
HELIUS MEDICAL: Increases Shares Under 2022 Incentive Plan to 7.1M
------------------------------------------------------------------
Helius Medical Technologies, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that on
April 22, 2025, the Board of Directors, upon the recommendation of
the Compensation Committee of the Board, adopted an amendment to
the Helius Medical Technologies, Inc. 2022 Equity Incentive Plan,
subject to stockholder approval, pursuant to which the aggregate
number of shares of common stock that may be issued pursuant to the
Plan will be increased by an amount equal to 20% of the Fully
Diluted Shares on the 10th calendar date following the first
closing of a registered offering of the Company's common stock that
occurs on or after May 15, 2025.
The Company's stockholders approved the Equity Plan Amendment at
the special stockholders meeting held on May 23, 2025.
On June 16, 2025, the 10th calendar day following the closing of
the Public Offering, the aggregate number of shares of common stock
available to be issued pursuant to the Plan increased to 7.1
million shares.
About Helius Medical
Headquartered in Newtown, Pennsylvania, Helius Medical
Technologies, Inc. (www.heliusmedical.com) is a neurotechnology
company dedicated to neurological wellness. The Company's mission
is to develop, license, or acquire non-implantable technologies
aimed at reducing the symptoms of neurological disease or trauma.
Its flagship product, the Portable Neuromodulation Stimulator
(PoNS), is an innovative, non-implantable medical device consisting
of a controller and a mouthpiece that delivers mild electrical
stimulation to the surface of the tongue, offering treatment for
gait deficits and chronic balance deficits.
In its report dated March 25, 2025, the Company's auditor since
2022, Baker Tilly US, LLP, issued a "going concern" qualification,
attached to the Company's Annual Report on Form 10-K for the year
ended Dec. 31, 2024, citing that the Company has recurring losses
from operations and an accumulated deficit, expects to incur losses
for the foreseeable future, and requires additional working
capital. These factors raise substantial doubt about their ability
to continue as a going concern.
As of March 31, 2025, Helius Medical Technologies had $3.5 million
in total assets, $2.2 million in total liabilities, and total
stockholders' equity of $1.3 million.
HERITAGE GRILLE: Hires Buckmiller & Frost as Bankruptcy Counsel
---------------------------------------------------------------
The Heritage Grille, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of North Carolina to hire Buckmiller
& Frost, PLLC to handle the Chapter 11 proceedings.
The firm will be paid at these rates:
Matthew W. Buckmiller $400 per hour
Joseph Z. Frost $375 per hour
Yorlibeth Martinez $300 per hour
Paralegals, Law Clerks, & Staff $65 to $160 per hour
The firm received from the Debtor a retainer of $21,738.
Buckmiller & Frost is a disinterested person within the meaning of
Sec. 101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Joseph Z. Frost, Esq.
Buckmiller & Frost, PLLC
4700 Six Forks Road, Suite 150
Raleigh, NC 27609
Tel: (919) 296-5040
Fax: (919) 977-7101
Email: jfrost@bbflawfirm.com
About Heritage Grille & Wine Bar
Heritage Grille & Wine Bar, LLC, doing business as The Heritage
Grille & Wine Barrel, is a fine dining restaurant based in Wake
Forest, North Carolina. It serves French-inspired cuisine and
offers a curated wine selection. The establishment includes a
formal dining room, a speakeasy-style bar, and a bottle shop.
Heritage Grille & Wine Bar sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No.
25-02019) 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 David M. Warren handles the case.
The Debtor is represented by Joseph Z. Frost, Esq., at Buckmiller &
Frost, PLLC.
HOLYOKE PARKVIEW: Seeks Chapter 11 Bankruptcy in Massachusetts
--------------------------------------------------------------
On July 8, 2025, Holyoke Parkview Apartments LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Massachusetts. 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 Holyoke Parkview Apartments LLC
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.
Holyoke Parkview Apartments LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-30411) on
July 8, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
The Debtors are represented by James P. Ehrhard, Esq. at 27
Mechanic Street.
HYPERSCALE DATA: Ault & Co. Reports 721 Shares, Derivative Rights
-----------------------------------------------------------------
Ault & Company, Inc., a 10% owner of Hyperscale Data, Inc.,
disclosed in a Form 3 filed with the U.S. Securities and Exchange
Commission that as of June 20, 2025, it beneficially owns 721
shares of common stock directly, as adjusted for a 1-for-35 reverse
stock split.
Ault & Co. also holds derivative securities, including Series C
Convertible Preferred Stock convertible into common stock at a rate
of approximately 932.75 shares per preferred share based on a
conversion price of $1.0721 per share, as well as Series C Warrants
and October 2023 Warrants to purchase a total of 426,159 shares of
common stock at exercise prices of $118.3875 and $160.7375 per
share, respectively.
A full-text copy of Altium Capital's SEC report is available at:
https://tinyurl.com/4ssnxs4t
About Hyperscale Data
Headquartered in Las Vegas, NV, Hyperscale Data, Inc., formerly
known as Ault Alliance, Inc., is transitioning from a diversified
holding company pursuing growth by acquiring undervalued businesses
and disruptive technologies with a global impact to becoming solely
an owner and operator of data centers to support high performance
computing services. Through its wholly and majority-owned
subsidiaries and strategic investments, Hyperscale Data owns and
operates a data center at which it mines digital assets and offers
colocation and hosting services for the emerging artificial
intelligence ecosystems and other industries. It also provides,
through its wholly owned subsidiary, Ault Capital Group, Inc.,
mission-critical products that support a diverse range of
industries, including an artificial intelligence software platform,
social gaming platform, equipment rental services,
defense/aerospace, industrial, automotive, medical/biopharma and
hotel operations. In addition, Hyperscale Data is actively engaged
in private credit and structured finance through a licensed lending
subsidiary.
New York, New York-based Marcum LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
Apr. 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 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.
HYPERSCALE DATA: Issues 3.46M Class A Common Shares
---------------------------------------------------
Hyperscale Data, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that between June 16, 2025
and June 20, 2025, the Company issued an aggregate of 1,401,422
shares of Class A Common Stock upon conversion of approximately
2,016.07 shares of Series B Convertible Preferred Stock.
Between the same dates, the Company issued an aggregate of
1,811,216 shares of Class A Common Stock upon conversion of
$2,996,479 of outstanding convertible notes. The shares of Class A
Common Stock were issued in reliance upon exemption from the
registration requirements under Section 4(a)(2) under the
Securities Act of 1933, as amended.
Between June 16, 2025 and June 17, 2025, the Company issued an
aggregate of 247,000 shares of Class A Common Stock upon conversion
of an aggregate of $479,557 of an outstanding convertible note. The
Class A Common Stock were offered and sold in reliance upon an
exemption from the registration requirements under Section 3(a)(9)
under the Securities Act.
As of June 20, 2025, the Company had 6,611,290 shares of Class A
Common Stock outstanding.
About Hyperscale Data
Headquartered in Las Vegas, NV, Hyperscale Data, Inc., formerly
known as Ault Alliance, Inc., is transitioning from a diversified
holding company pursuing growth by acquiring undervalued businesses
and disruptive technologies with a global impact to becoming solely
an owner and operator of data centers to support high performance
computing services. Through its wholly and majority-owned
subsidiaries and strategic investments, Hyperscale Data owns and
operates a data center at which it mines digital assets and offers
colocation and hosting services for the emerging artificial
intelligence ecosystems and other industries. It also provides,
through its wholly owned subsidiary, Ault Capital Group, Inc.,
mission-critical products that support a diverse range of
industries, including an artificial intelligence software platform,
social gaming platform, equipment rental services,
defense/aerospace, industrial, automotive, medical/biopharma and
hotel operations. In addition, Hyperscale Data is actively engaged
in private credit and structured finance through a licensed lending
subsidiary.
New York, New York-based Marcum LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
Apr. 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 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.
IG DESIGN: Gets Court Okay to Tap $25MM Post-Bankruptcy Funds
-------------------------------------------------------------
Hilary Russ of Law360 reports that IG Design Group Americas Inc.,
one of the world's largest gift wrap manufacturers, received court
approval Monday, July 7, 2025, to access $25 million in new
financing to support its Chapter 11 bankruptcy proceedings.
The funding will help the company continue operations and pursue a
sale of certain assets. The bankruptcy filing follows declining
business performance, the impact of U.S. tariffs, and the recent
loss of key customer Joann Inc, the report states.
About IG Design Group Americas Inc.
IG Design Group Americas Inc. is a manufacturer of gift packaging,
stationery, craft products, and seasonal decorations headquartered
in Berwick, Pennsylvania.
IG Design Group Americas Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90165) on July
3, 2025. In its petition, the Debtor reports estimated $100 million
and $500 million each.
The Debtor is represented by Caroline A. Reckler, Esq. at Latham &
Watkins LLP.
IMPACT PAPER: Seeks Chapter 11 Bankruptcy in Texas
--------------------------------------------------
On July 3, 2025, Impact Paper Products 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 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Impact Paper Products LLC
Impact Paper Products LLC is a Pennsylvania-based manufacturer in
the paper products industry.
Impact Paper Products LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex.Case No. 25-90175) 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.
IOK TECHNOLOGY: Andrew Kight Named Subchapter V Trustee
-------------------------------------------------------
The U.S. Trustee for Region 10 appointed Andrew Kight as Subchapter
V trustee for IOK Technology, LLC.
The Subchapter V trustee can be reached at:
Andrew T. Kight
108 E. 9th Street
Indianapolis, IN 46202
317-608-1130
trusteekight@jhklegal.com
About IOK Technology LLC
IOK Technology, LLC operates a machine shop.
IOK Technology sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-90702) on June 19,
2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Benny Garland, president of IOK Technology, signed the
petition.
KC Cohen, Esq., at KC Cohen, Lawyer, PC, represents the Debtor as
legal counsel.
IRECERTIFY: Amends Unsecured Claims Pay Details
-----------------------------------------------
iRecertify submitted a Disclosure Statement for the Amended Plan of
Reorganization dated June 19, 2025.
iRecertify's current contracts and programs are sufficient for both
profitability and a to provide a recovery for Creditors, especially
now that Best Buy has released inventory again.
Though the Debtor has faced interruptions during the bankruptcy
process, at this point those have been resolved, with the two
largest sources of inventory, Sakar and Best Buy, indicating an
exit from bankruptcy will further increase inventory opportunities
and therefore revenue.
Class 3.1 general non-priority unsecured claims will receive a
distribution of 10% of the allowed claim amount. The Plan provides
that holders of such claims shall receive ten percent of their
Allowed Claim, to be paid pro rata in equal monthly installments
commencing in February 2027 and continuing until the full 10% has
been distributed, or until all Allowed Claims in Class 3.1 have
been satisfied in accordance with the Plan.
The monthly distribution amounts, timing, and cumulative totals are
detailed in Exhibit A. Payment Schedule, which was developed in
conjunction with the Debtor's financial projections and feasibility
analysis. The schedule is designed to align with the Debtor's
anticipated cash flow and operating reserves and is an essential
component of the Plan's implementation strategy for unsecured
creditor treatment.
The Plan provides for pro rata distributions to holders of Allowed
Class 3.1 General Unsecured Claims. The total estimated claims held
by Class 3.1 claim holders is approximately $8,126,553.54. In
accordance with the Plan, these creditors will receive a 10%
recovery, paid in monthly installments beginning in February 2027
and continuing for 33 months. This results in an aggregate
distribution of approximately $812,655.35, subject to claim
allowance and any disputes.
Class 4.1 consists of holders of Pre-petition Equity Interests. On
the Effective Date of the Plan, all existing equity interests in
the Debtor, including but not limited to common stock, preferred
stock, membership interests, partnership interests, and any other
equity securities, shall be canceled, extinguished, and of no
further force or effect. All rights of current equity holders,
including any voting rights, dividend rights, and liquidation
preferences, shall terminate as of the Effective Date.
The Debtor will use future business revenue to fund payments.
Payments of certain claims will begin within 30 days after the
Plan's Effective Date and proceed as disclosed within the Plan.
A full-text copy of the Disclosure Statement dated June 19, 2025 is
available at https://urlcurt.com/u?l=Un6HSy from PacerMonitor.com
at no charge.
Attorneys for the Debtor:
Steven M. Rogers, Esq.
Nicholas R. Russell, Esq.
ROGERS & RUSSELL
170 S. Main Street
Pleasant Grove, Utah 84062
(801) 899-6064 phone
(801) 210-5388 fax
Email: paralegal@roruss.com
About IRecertify
IRecertify, doing business as Warehouse B, is a merchant wholesaler
of professional and commercial equipment and supplies.
IRecertify sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Utah Case No. 24-25156) on Oct. 7, 2024. In the
petition filed by Brett Kitson, as managing member, the Debtor
estimated assets between $100,000 and $500,000 and estimated
liabilities between $1 million and $10 million.
The Debtor is represented by Russell S. Walker, Esq. at PEARSON
BUTLER PLLC.
IVORY MANAGEMENT: U.S. Trustee Unable to Appoint Committee
----------------------------------------------------------
The U.S. Trustee for Region 21 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Ivory Management, LLC.
About Ivory Management
Ivory Management, LLC filed Chapter 11 petition (Bankr. N.D. Ga.
Case No. 25-55145) on May 06, 2025, listing up to $50,000 in assets
and between $100,001 and $500,000 in liabilities. Judge Paul
Baisier oversees the case. The Debtor is represented by Leonard
Medley.
JMKA LLC: Court Extends Cash Collateral Access to July 25
---------------------------------------------------------
JMKA, LLC received seventh interim approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to use the
cash collateral of its secured lenders from July 3 to 25.
The lenders include the U.S. Small Business Administration,
BayFirst National Bank, Funding Circle, Transportation Alliance
Bank, Ameris Bank, Cashfloit LLC, and Funders App, LLC. These
lenders assert security interests in all assets of the Debtor,
including cash, bank deposits and accounts receivable, which
constitute their cash collateral.
The seventh interim order, signed by Judge David Cleary, authorized
the use of cash collateral to pay the expenses set forth in the
Debtor's budget, with a 5% variance allowed.
The Debtor was ordered to provide the secured lenders with
protection in the form of replacement liens on its assets to the
same extent and with the same priority and validity as their
pre-bankruptcy liens.
In addition, the Debtor was ordered to pay $439 to SBA, $1,000 to
BayFirst, $500 to Funding Circle, $500 to Transportation Alliance
Bank, $800 to Ameris Bank, $3,000 to Cashfloit, and $2,000 to
Funders App.
The next hearing is set for July 16.
About JMKA LLC
JMKA, LLC is a boutique childcare center in downtown Elmhurst, Ill.
It operates as Elmhurst Premier Childcare.
JMKA filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
25-00036) on January 3, 2025, with up to $50,000 in assets and up
to $10 million in liabilities.
Judge David D. Cleary oversees the case.
Ben L. Schneider, Esq., at The Law Offices of Schneider & Stone is
the Debtor's bankruptcy counsel.
Ameris Bank, as secured lender, is represented by:
Jillian S. Cole, Esq.
Taft Stettinius & Hollister, LLP
111 E. Wacker Drive, Suite 2600
Chicago, IL 60601
(312) 836-4019
jcole@taftlaw.com
Cashfloit LLC, as secured lender, is represented by:
Fred S. Kantrow, Esq.
The Kantrow Law Group, PLLC
732 Smithtown Bypass, Suite 101
Smithtown, NY 11787
(516)703-3672
fkantrow@thekantrowlawgroup.com
JOANN INC: Asks Court OK for Bankruptcy Liquidation
---------------------------------------------------
Alex Wolf of Bloomberg Law reports that Joann Inc., the closed
crafts and fabrics retailer, has asked a judge to approve its
bankruptcy liquidation plan, which has gained broad creditor
support despite offering minimal recoveries.
In a Tuesday, July 8, 2025, filing with the U.S. Bankruptcy Court
for the District of Delaware, the longtime retail chain said it
secured the required creditor votes to move forward with its
wind-down, calling the proposal a "value-maximizing" resolution to
its Chapter 11 case.
Creditor distributions are being funded with proceeds from the
earlier sale of Joann's assets to a group backed by Oaktree Capital
Management, which handled the company's going-out-of-business
operations.
About Joann Inc.
JOANN operates in the fabric and sewing industry with one of the
largest assortments of arts and crafts products. JOANN has
transformed itself into a fully-integrated, digitally-connected
omni-channel retailer.
JOANN reported a net loss of $200.6 million for the year ended Jan.
28, 2023.
On March 18, 2024, JOANN Inc. and 9 affiliates filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 24-10418). JOANN listed
$2,257,700,000 in assets against $2,440,700,000 in liabilities as
of Oct. 28, 2023.
Judge Craig T. Goldblatt oversees the case.
The Debtors tapped Latham & Watkins, LLP as legal counsel; Houlihan
Lokey Capital, Inc. as investment banker; and Alvarez & Marsal
North America, LLC, as financial advisor. Kroll Restructuring
Administration, LLC is the noticing agent.
JOANN Inc., on April 30, 2024 successfully emerged from its
court-supervised financial restructuring process.
2nd Attempt
Joann Inc. sought voluntary Chapter 11 petition for the second time
under U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25 10068) on
Jan. 15, 2025.
Kirkland & Ellis is serving as legal counsel to JOANN, with
Centerview Partners LLC serving as financial advisor and Alvarez &
Marsal North America, LLC serving as restructuring advisor.
KC PET: Steven Nosek Named Subchapter V Trustee
-----------------------------------------------
The Acting U.S. Trustee for Region 12 appointed Steven Nosek as
Subchapter V trustee for KC Pet, Inc.
Mr. Nosek 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. Nosek declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Steven B. Nosek
10285 Yellow Circle Drive
Hopkins, MN 55343
Email: snosek@noseklawfirm.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.
KLIMA CONTROL: Case Summary & 10 Unsecured Creditors
----------------------------------------------------
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case
No.
------
--------
Klima Control Air Conditioning & Heating LLC (Lead)
25-11717
d/b/a Super Cool
1501 W Copans Rd, Suite # 105
Pompano Beach, FL 33064
Klima Control Air Conditioning Supply, Inc.
25-11721
1501 W Copans Rd
Suite 105
Pompano Beach, FL 33064
Business Description: Klima Control Air Conditioning LLC, based in
Pompano Beach, Florida, distributes HVAC
equipment and supplies across South and
Central Florida. Founded in 2010, the
Company offers products from brands
including GE, Ameristar, Westinghouse,
Bosch, and First Company.
Klima Supply Corp manages administrative and
back-office functions for Klima LLC,
including invoicing, HR, vendor
relationships, payroll, and expense
management. It supports HVAC distribution
activities and shares certain creditors with
KLIMA LLC.
Chapter 11 Petition Date: July 7, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Judge: Hon. Scott M Grossman
Debtors'
General
Bankruptcy
Counsel: Shirley A. Palumbo, Esq.
Eric N. Assouline, Esq.
ASSOULINE & BERLOWE, P.A.
100 SE 2nd Street, Suite 3650
Miami, FL 33131
Tel: (305) 567-5576
Email: sap@assoulineberlowe.com
ena@assoulineberlowe.com
Klima Control Air
Conditioning & Heating's
Total Assets: $488,265
Klima Control Air
Conditioning & Heating's
Total Liabilities: $3,851,460
Klima Control Air
Conditioning Supply, Inc.'s
Total Assets: $180,884
Klima Control Air
Conditioning Supply, Inc.'s
Total Liabilities: $0
The petitions were signed by Enrique Pototsky as managing member.
Full-text copies of the petitions, which includes lists of the
Debtors' 10 unsecured creditors, are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2DCQJUQ/Klima_Control_Air_Conditioning__flsbke-25-17717__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/QTUPRMA/Klima_Control_Air_Conditioning__flsbke-25-17721__0001.0.pdf?mcid=tGE4TAMA
KUBERA HOTEL: Seeks to Hire Intero Real Estate Services as Broker
-----------------------------------------------------------------
Kubera Hotel Properties LP seeks approval from the U.S. Bankruptcy
Court for the Northern District of California to hire Intero Real
Estate Services, Inc. as real estate agent.
The broker will receive a commission equal to 5 percent of the
gross purchase price.
Ravi Jagtiani of Intero Real Estate Services assured the court that
he and his firm 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:
Ravi Jagtiani
Intero Real Estate Services, Inc.
920 University Avenue
Berkeley, CA 94710
Office Phone: (650) 622-1000
About Kubera Hotel Properties LP
Kubera Hotel Properties LP operates a 113-room hotel located at 920
University Avenue, Berkeley, California.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-40996) on June 6,
2025. In the petition signed by Pradeep Kantilai T. Khatri, chief
executive officer, the Debtor disclosed up to $50 million in both
assets and liabilities.
Judge Charles Novack oversees the case.
Ryan C. Wood, Esq., at the Law Offices of Ryan C. Wood, Inc.,
represents the Debtor as bankruptcy counsel.
LA NOTTE VENTURES: Court Extends Cash Collateral Access to Aug. 6
-----------------------------------------------------------------
La Notte Ventures, Inc. received interim approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral until August 6, marking the ninth extension since its
Chapter 11 filing.
The Debtor will operate within 10% of the budget until its use of
cash collateral is approved on a permanent basis.
The Debtor's budget projects total operational expenses of
$19,444.14 for July.
As protection for any diminution in the value of its collateral,
the U.S. Small Business Administration will be granted replacement
liens on all post-petition property of the Debtor, including all
cash collateral, to the same extent, validity, and priority as its
pre-bankruptcy liens.
As additional protection, SBA will continue to receive a monthly
payment of $251.
The Debtor's authority to use cash collateral terminates upon
dismissal or conversion of its Chapter 11 case to one under Chapter
7 or upon entry of a court order directing the cessation of the use
of cash collateral.
The next hearing is scheduled for August 5.
About La Notte Ventures
La Notte Ventures, Inc., doing business as La Notte Ristorante
Italiano, sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 24-15860) on October 23, 2024, with
up to $50,000 in assets and up to $1 million in liabilities.
Judge Jacqueline P. Cox presides over the case.
The Debtor is represented by:
David R. Herzog, Esq.
Law Office of David R. Herzog, LLC
53 W. Jackson Blvd., Suite 1442
Chicago, IL 60604
Telephone: (312) 977-1600
Email: drh@dherzoglaw.com
LASEN INC: Hires Mac Restructuring Advisors as Financial Advisor
----------------------------------------------------------------
Lasen Inc. and SkySkopes, Inc. seek approval from the U.S.
Bankruptcy Court for the District of Arizona to hire to hire Mac
Restructuring Advisors, LLC as their financial advisors.
Mac Restructuring will perform a variety of financial and
accounting tasks including but not limited to any historic
financial analyses required, review and assist in preparing any
pro-forma sets of financial and operating projections, assist and
advise the Debtors regarding the feasibility of possible debt
restructuring scenarios, and provide any other service mutually
agreed upon between the Debtors, Debtors' counsel, and Mac
Restructuring.
MAC Restructuring's fees will be based on its standard hourly rate
of $450 per hour for restructuring services, plus actual out of
pocket expenses including travel expenses.
With the companies' approval, The Cavanagh Law Firm agreed to
allocate a portion of their prepetition retainer to Mac
Restructuring to cover any fees incurred by Mac up to $10,000 for
preparation services.
Edward M. Burr, managing director of Mac Restructuring Advisors,
assured the court that his firm is a "disinterested person" within
the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Edward M. Burr, CTP, CIRA
Mac Restructuring Advisors, LLC
10191 E Shangri La Rd
Scottsdale AZ 85260
Phone: (602) 418-2906
Email: Restructuring.com
About Lasen Inc.
Lasen Inc. develops and operates airborne LiDAR systems for leak
detection and pipeline inspections across North America. The
Company's proprietary Airborne LiDAR Pipeline Inspection System
(ALPIS) identifies methane leaks with high accuracy and efficiency,
supporting right-of-way and transmission line monitoring. Founded
in 1989, LaSen has inspected over 500,000 miles of pipeline and
specializes in remote sensing technologies adapted from U.S.
defense applications.
Lasen Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Ariz. Case No. 25-05316) on June 11, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Brenda K. Martin handles the case.
The Debtors are represented by Randy Nussbaum, Esq. at CAVANAGH LAW
FIRM.
LAWTON LLC: Seeks Chapter 11 Bankruptcy in Massachusetts
--------------------------------------------------------
On July 8, 2025, Lawton LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the District of Massachusetts. According
to court filing, the Debtor reports between $100,000 and
$500,000 in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About Lawton LLC
Lawton LLC is a real estate company based in Lynn, Massachusetts.
Lawton LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Mass. Case No. 25-11412) on July 8, 2025. In its
petition, the Debtor reports estimated assets between $1 million
and $10 million and estimated liabilities between $100,000 and
$500,000.
Honorable Bankruptcy Judge Christopher J. Panos handles the case.
The Debtors are represented by Michael Walsh, Esq. at Walsh & Walsh
LLP.
LEISURE INVESTMENTS: Miami-Dade Commissioner Enters Chapter 11 Case
-------------------------------------------------------------------
Miami Today reports that the Miami-Dade commissioner representing
the district that includes the Miami Seaquarium has been authorized
to lead negotiations with the site's current operators regarding
the bidding, auction, and bankruptcy proceedings tied to the future
of the county-owned attraction.
According to the report, Commissioner Raquel Regalado, who has a
background in bankruptcy law and valuation, received unanimous
support from fellow commissioners to coordinate with Mayor Daniella
Levine Cava on a potential agreement -- subject to final commission
approval.
"I can practice in bankruptcy court and I have expertise in
valuation," Regalado told the board during the meeting. Her request
was not listed on the meeting's agenda, and commissioners had no
written motion or supporting documents at the time of the vote.
"This is unfolding in real time, so we need to be involved,"
Regalado said. "Otherwise, decisions will be made without our
input. They're already speaking with different parties who have
ideas for the site, and we either engage now or risk being
excluded."
The Seaquarium, located on Virginia Key off the Rickenbacker
Causeway, has drawn scrutiny from the mayor and other officials,
who have questioned whether the site should remain a tourist
destination -- particularly one centered on marine life. The
attraction's main draw, the killer whale Lolita, died two years
ago, and concerns over the treatment of animals have persisted,
according to Miami Today.
Commissioner Juan Carlos Bermudez voiced frustration over the lack
of documentation but ultimately supported the motion. "I hate
getting motions without anything in front of me," he said. "If we
knew this was coming, why didn’t the county attorney's office
provide a copy?"
County attorneys have been attending the Delaware bankruptcy
proceedings and have met with the debtors in possession, who
expressed a desire for the county to be involved in determining the
site's future use. Regalado's motion officially brings the county
into the decision-making process, pending court and commission
approval, the report states.
About Leisure Investments Holdings LLC
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 Robert S. Brady, Esq., Sean T. Greecher, Esq.,
Allison S. Mielke, Esq., and Jared W. Kochenash, Esq. as counsels.
The Debtors' restructuring advisor is RIVERON MANAGEMENT SERVICES,
LLC. The Debtors' Claims & Noticing Agent is KURTZMAN CARSON
CONSULTANTS, LLC d/b/a VERITA GLOBAL.
LINQTO INC: Shareholders Pledge to Challenge Bankruptcy Proceedings
-------------------------------------------------------------------
Steven Church and Jonathan Randles of Bloomberg News report that
shareholders of the failed fintech startup Linqto are vowing to
challenge a move by the company's new management to reorganize
through bankruptcy.
The new leadership, which assumed control in recent months, filed
for court protection in Houston this week, alleging that former
executives misled customers for years by falsely claiming they
owned stakes in 111 privately held companies valued at over $500
million, according to Bloomberg News.
Sapien Group, an Australia-based investment firm and Linqto
shareholder, said it has the support of 52% of shareholders in its
effort to oppose the current management's bankruptcy strategy, the
report states.
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: Case Summary & 30 Largest Unsecured Creditors
-----------------------------------------------------------
Lead Debtor: Linqto Texas, LLC
2929 Allen Parkway, Suite 3300
Houston, TX 77019
Business Description: Linqto operated as a financial technology
platform enabling customers to indirectly
invest in private-market startups and pre-
IPO companies, primarily in the technology
sector. Through its subsidiary,
Liquidshares, and special purpose vehicles,
the Company facilitated the purchase of
economic interests in privately held firms.
Founded in 2010, Linqto provided services to
fintech clients before evolving its
investment platform, which remained active
until March 2025.
Chapter 11 Petition Date: July 7, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Four affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Linqto Texas, LLC (Lead Debtor) 25-90186
Linqto, Inc. 25-90187
Linqto Liquidshares LLC 25-90188
Linqto Liquidshares Manager LLC 25-90189
Judge: Hon. Alfredo R Perez
Debtors'
General
Bankruptcy
Counsel: Gabrielle A. Hamm, Esq.
Veronica A. Polnick, Esq.
Renee D. Wells, Esq.
Athanasios E. Agelakopoulos, Esq.
SCHWARTZ PLLC
440 Louisiana Street, Suite 1055
Houston, Texas 77002
Tel: (713) 900-3737
Fax: (702) 442-9887
E-mail: ghamm@nvfirm.com
vpolnick@nvfirm.com
rwells@nvfirm.com
aagelakopoulos@nvfirm.com
- and -
Samuel A. Schwartz, Esq.
601 East Bridger Avenue
Las Vegas, Nevada 89101
Tel: (702) 385-5544
Fax: (702) 442-9887
E-mail: saschwartz@nvfirm.com
Debtors'
Special
Regulatory &
Corporate
Counsel: SULLIVAN & CROMWELL, LLP
Debtors'
Investment
Banker: JEFFERIES LLC
Debtors'
Financial
Advisor: TRIPLE P TRS, LLC
Debtors'
Restructuring
Advisor: BREAKPOINT PARTNERS LLC
Debtors'
Notice,
Claims,
Solicitation &
Balloting
Agent: EPIQ CORPORATE RESTRUCTURING, LLC
Debtors'
Public
Relations
Agent: THROUHCO COMMUNICATIONS, LLC
Estimated Assets
(on a consolidated basis): $500 million to $1 billion
Estimated Liabilities
(on a consolidated basis): $500 million to $1 billion
The petitions were signed by Jeffrey S. Stein as chief
restructuring officer.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/EFZSM6I/Linqto_Texas_LLC__txsbke-25-90186__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Lowenstein, Sandler LLP Professional $372,483
1251 Avenue Of The Americas Services
New York, NY 10020
Contact: Cheryl Denig
Email: cdenig@lowenstein.com
2. Sidley Austin LLP Professional $345,992
555 California Street Services
San Francisco, CA 94104
Contact: Jennifer Hiwa
Email: jhiwa@sidley.com
3. Fraser, Chris Employee Claim $235,926
[Address On File]
4. Consilio LLC Vendor Claim $217,412
1828 L Street NW, Suite 1070
Washington, DC 20036
Contact: Billing Dept
Email: billing@consilio.com
5. Krilanovich, Joseph Employee Claim $200,000
[Address On File]
6. Deloitte & Touche LLP Professional $194,431
Po Box 844708 Services
Dallas, TX 75284-4708
Contact: AR Dept
Email: deloittepayments@deloitte.com
7. Gordon Rees Scully Mansukhani Professional $175,029
100 Pringle Avenue, Suite 300 Services
Walnut Creek, CA 94596-3580
Contact: Viann Corbin
Email: vcorbin@crsm.com
8. Reed Smith Professional $162,923
1841 Page Mill Road Suite 110 Services
Palo Alto, CA 94303
Contact: Sherona Elbaz
Email: selbaz@reedsmith.com
9. Integrated Management Vendor Claim $97,963
8655 East Via De Ventura E140
Scottsdale, AZ 8525
Contact: Chad Dean
Email: chad@integratedmgmt.com
10. Nurani, Karim Employee Claim $69,338
[Address On File]
11. Consort Partners Inc Vendor Claim $60,000
Po Box 1747
Ross, CA 94957-1747
Email: whitney@consortpartners.com
12. Fullstory Vendor Claim $58,858
1745 Peachtree St. NW, Suite N
Atlanta, Ga 30309
Billing Dept
Email: billings@fullstory.com
13. Qurrent Inc Vendor Claim $55,000
447 Sutter St. Ste 405 121
San Francisco, CA 94108
Contact: Billing Dept
Email: billing@ourrent.ai
14. Gong.Io Inc Vendor Claim $34,340
Po Box 190250
San Francisco, CA 94119
Contact: Accounts Receivable Dept
Email: accounts.receivable@gong.io
15. Plaid, Inc. Vendor Claim $31,000
1098 Harrison St.
San Francisco, CA 94103
Contact: Accounts
Receivable Department
Email: accounts-receivable@plaid.com
16. Goodwin Procter LLP Professional $27,118
525 Market Street Floor 32 Services
San Francisco, CA 94105
Contact: David Baldock
Email: dbaldock@goodwinlaw.com
17. Flare Ecosystems Limited Vendor Claim $24,997
20-22 Wenlock Rd
London N1 7GU
United Kingdom
Email: sales@flare.network
18. Okta Vendor Claim $21,492
Po Box 743620
Los Angeles, CA 90074-3620
Contact: Accounts
Receivable Dept
Phone: (800) 588 1656
Email: ar@okta.com
19. Gen3 Marketing Vendor Claim $18,000
960b Harvest Drive
Blue Bell, Pa 19422
Contact: Mike Tabasso
Phone: 877-258-4199
Email: accountsreceivable@gen3marketing.com
20. Integral Advisor Vendor Claim $17,500
2 Sudan Lane
San Carlos, CA 94070
Contact: Karen Peacock
Phone: (650) 596-5798
21. Appsmith Vendor Claim $15,000
2261 Market Street 4147
San Francisco, Ca 94114
Contact: bhishek Nayak
Email: sales@appsmith.com
22. Validity Vendor Claim $13,598
100 Summer Street Suite 2900
Boston, MA 02110
Contact: Jim Tobolski
Phone: 1-800-961-8205
Email: jim.tobolski@validity.com;
yay.pay@validity.com
23. Datasite Vendor Claim $12,971
733 S Marquette Ave, Suite 600
Minneapolis, MN 55402
Contact: Pamela Bartz
Email: pamela.bartz@datasite.com
24. Perform LLC Vendor Claim $9,900
601 Garden View Square
Rockville, MD 20850
Contact: Rob Koebke
Email: sales@performlabs.dev
25. Impact Tech, Inc. Vendor Claim $9,880
223 E. De La Guerra Street
Santa Barbara, CA 93101
Contact: Sales Department
Phone: 805-324-6021
Email: sales@impact.com
26. Burrafato, Nick Employee Claim $8,462
[Address On File]
27. Kimes, Brad Vendor Claim $8,000
[Address On File]
28. Niesar Vestal LLP Professional $8,000
90 New Montgomery Street Services
9th Floor
San Francisco, CA 94105
Contact: Jessica Taran
Phone: 415-882-5300, Ext. 248
Email: jtaran@nvlawllp.com
29. Peak, John Vendor Claim $8,000
[Address On File]
30. Nasdaq (Boardvantage) Vendor Claim $6,902
151 W 42nd St.
New York, NY 10036
Email: accounts.receivable@nasdaq.com
LR GREENVIEW: Claims to be Paid from Continued Operations
---------------------------------------------------------
LR Greenview, LLC, filed with the U.S. Bankruptcy Court for the
Northern District of California a Small Business Plan of
Reorganization under Subchapter V dated June 18, 2025.
The Debtor was started in 2021 when Joseph and Lennene Lichens
purchased a boba tea franchise from Teaspoon Franchising, Inc. and
opened Teaspoon in Walnut Creek, California.
Due to supply-chain issues with building supplies caused by the
Covid-19 pandemic, the cost to buildout the location was nearly
double the initial estimate. Subsequently, the Debtor entered into
a Receivables Sale Agreement, a Merchant Cash Advance, and a
Purchase and Sale of Future Receipts Agreement, which with their
predatory practices, led to the bankruptcy filing.
The Debtor is working to reduce its costs and increase its revenue.
Teaspoon Franchising, Inc. has negotiated new contracts with some
suppliers that will reduce costs. In order to increase revenue, the
Debtor launched a new line of both hot and cold coffee beverages in
March 2025 and began opening two hours earlier in the morning in
order to increase both daily and seasonal (winter) sales. The
Debtor's objective in this chapter 11 case is to reorganize through
a confirmed Chapter 11, Subchapter V plan.
The Debtor's financial projections show that the Debtor will have
projected disposable income 5 years under the terms of the plan, of
$214,494.
The final Plan payment is expected to be paid on June 21, 2030,
which is anticipated to be 60 months after the effective date.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 100 cents on the dollar, consistent with the
liquidation analysis and projected disposable income. This Plan
also provides for the payment of administrative and priority
claims.
Class 3 consists of Non-priority unsecured creditors. Each holder
of an allowed general unsecured claim will receive a pro-rata share
of each Class 3 Distribution, up to payment full payment (if there
are sufficient funds in the Class 3 Pot), without interest. All
claims of insider Joseph Lichens will be disallowed. This Class is
impaired.
The Debtor will continue in business during and after the five-year
payment period of the Plan. The Debtor expects to continue in its
prior relationships with most or all of its vendors on a current
basis.
A full-text copy of the Plan of Reorganization dated June 18, 2025
is available at https://urlcurt.com/u?l=ZL6Jwj from
PacerMonitor.com at no charge.
About LR Greenview
LR Greenview, LLC, filed a Chapter 11 petition (Bankr. N.D. Calif.
Case No. 25-40170) on January 31, 2025, listing between $100,001
and $500,000 in assets and between $500,001 and $1 million in
liabilities.
Judge William J. Lafferty oversees the case.
The Debtor is Represented by:
Erin E. Daly, Esq.
Regal Tax & Law Group, P.C.
Tel: 628-219-9859
Email: erin@regaltaxlaw.com
M & M BUCKLEY: Court Extends Cash Collateral Access to July 31
--------------------------------------------------------------
M & M Buckley Management Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
cash collateral.
The seventh interim order signed by Judge Janet Baer approved the
use of cash collateral through July 31 to pay the expenses set
forth in the Debtor's budget, with a 10% variance allowed.
The budget projects total operational expenses of $15,028.00 for
July.
As protection for the Debtor's use of its cash collateral,
Community Loan Servicing, LLC was granted post-petition replacement
liens on the cash collateral and post-petition property of the
Debtor to the same extent and with the same priority as its
pre-bankruptcy lien.
As additional protection, Community Loan Servicing will receive
payment of $11,500.
The Debtor was ordered to maintain insurance on its real property,
listing Community Loan Servicing as the lien holder.
The final hearing is scheduled for July 30.
About M & M Buckley Management Inc.
M & M Buckley Management, Inc. is a professional property
management company based in Richton Park, IL. It specializes in
managing residential and commercial properties.
M & M sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-19108) on December
23, 2024, with $1 million to $10 million in both assets and
liabilities. Melvin T. Buckely, Jr., president of M & M, signed the
petition.
Judge Janet S. Baer handles the case.
The Debtor is represented by Gregory K. Stern, Esq., at Gregory K.
Stern, P.C.
Secured creditor Community Loan Servicing is represented by:
Jill Sidorowicz, Esq.
Noonan & Lieberman, Ltd.
33 N. LaSalle Street, Suite 1150
Chicago, IL 60602
Phone: (312) 605-3500
MARELLI AUTOMOTIVE: Covestro Steps Down as Committee Member
-----------------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing the
resignation of Covestro, LLC from the official committee of
unsecured creditors in the Chapter 11 cases of Marelli Automotive
Lighting USA, LLC and its affiliates.
The committee is now composed of:
1. Nissan North America, Inc.
Attn: Joseph Hession
1 Nissan Way
Franklin, TN 37067
Phone: 615-725-1000
Email: joseph.hession@nissan-usa.com
2. Robert Bosch LLC
Attn: Adam Wienner
38000 Hills Tech Drive
Farmington Hills, MI 48331
Phone: 248-876-6651
Email: adam.wienner@us.bosch.com
3. Mazda North American Operations
Attn: Christopher Wilson
200 Spectrum Center Drive, Suite 100
Irvine, CA 92618
Email: cwilso70@mazdausa.com
4. Tesla, Inc.
Attn: Keith Porapaiboon
Giga Texas, 1 Tesla Road
Austin, TX 78725
Phone: 650-681-5000
Email: contractnotices@tesla.com
5. Avnet, Inc.
Attn: Dennis Losik
2211 S. 47th Street
Phoenix, AZ 85034
Phone: 847-396 7401
Email: dennis.losik@avnet.com
6. Johnson Matthey Plc
Attn: Amy Donohue-Babiak
1397 King Road
West Chester, PA 19380
Phone: 610-971-3084
Email: amy.donohue-babiak@matthey.com
About Marelli Automotive Lighting USA
Marelli Automotive Lighting USA, LLC is a global automotive parts
supplier based in Saitama, Japan. The company designs and
manufactures advanced technologies for leading automakers,
including lighting systems, electronic components, software
solutions, and interior products. Operating in 24 countries with a
workforce of over 46,000, Marelli also collaborates with
motorsports teams and industry partners on high-performance
component development.
Marelli and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-11034) on
June 11. 2025. In its petition, Marelli reported between $1 billion
and $10 billion in assets and liabilities.
Judge Brendan Linehan Shannon handles the cases.
The Debtors are represented by Kirkland & Ellis LLP, Kirkland &
Ellis International LLP, and Pachulski Stang Ziehl & Jones LLP.
Alvarez & Marsal North America, LLC is the Debtors' restructuring
advisor. PJT Partners Inc. is the Debtors' investment banker.
Kurtzman Carson Consultants, LLC, doing business as Verita Global,
is the Debtors' notice and claims agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
MARIN SOFTWARE: Hires Donlin Recano as Claims and Noticing Agent
----------------------------------------------------------------
Marin Software Incorporated received approval from the U.S.
Bankruptcy Court for the District of Delaware to hire Donlin,
Recano & Company, LLC as the claims and noticing agent.
The firm will oversee the distribution of notices and will assist
in the maintenance, processing and docketing of proofs of claim
filed in the Debtor's Chapter 11 case.
The firm will bill these hourly fees:
Senior Bankruptcy Consultant $155 - $182
Case Manager $105 - $169
Consultant $119 - $139
Technology Programming $50 - $85
Clerical $40 - $50
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Lisa Terry, a senior legal director at Donlin, Recano & Company,
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 through:
Lisa Terry
Donlin, Recano & Company, Inc.
48 Wall Street
New York, NY 10016
Telephone: (619) 346-1628
About Marin Software Incorporated
Marin Software Incorporated 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.
Marin Software Incorporated sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11263) on July 1,
2025. In its petition, the Debtor reports total assets of
$5,656,853 and total debts of $2,767,237.
The Debtor's bankruptcy counsel is James E. O'Neill, Esq. at
PACHULSKI STANG ZIEHL & JONES LLP. The Debtor's Corporate Counsel
is FENWICK & WEST LLP. ARMANINO ADVISORY LLC is the Debtor's
Financial Advisor and DONLIN, RECANO & COMPANY, LLC is the Debtor's
Claims, Noticing & Solicitation Agent and Administrative Advisor.
MIKLAR LLC: Seeks to Hire Michael Matthews as Real Estate Agent
---------------------------------------------------------------
Miklar, LLC seeks approval from the U.S. Bankruptcy Court for the
Middle District of Tennessee to employ Michael Matthews, a member
of the Debtor, to serve as its real estate agent.
Mr. Matthews will market and sell the Debtor's property located at
1531 E Stewarts Lane, Lot #5, Nashville, TN 37218.
Mr. Matthews will not receive any commission or other compensation
from the Debtor's estate for these services. The only charge will
be $600 payable to Benchmark Realty, to cover expenses owed to his
affiliate broker.
Mr. Matthews can be reached at:
Michael Matthews
Benchmark Realty
2800 Scottsville Rd, Suite 200
Bowling Green, KY 42104
Phone: (270) 715-4793
About Miklar, LLC
Miklar LLC is a Nashville-based real estate development company
with properties in Davidson County.
Miklar LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-02225) on May
28, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Nancy B. King handles the case.
The Debtors are represented by Denis Graham (Gray) Waldron, Esq. at
Dunham Hildebrand Payne Waldron, PLLC.
MOGULS INDUSTRIES: Case Summary & 16 Unsecured Creditors
--------------------------------------------------------
Debtor: Moguls Industries, LLC
466 Rochester Road
Zelienople, PA 16063
Business Description: Moguls Industries LLC, doing business as
Rumor's Tavern, operates a bar and grill in
Zelienople, Pennsylvania. The establishment
serves casual food and drinks in a
neighborhood setting and offers weekly
entertainment including live music, DJs, and
karaoke. It has been a gathering place for
residents of Cranberry and Beaver County for
over a decade.
Chapter 11 Petition Date: July 7, 2025
Court: United States Bankruptcy Court
Western District of Pennsylvania
Case No.: 25-21775
Judge: Hon. Gregory L. Taddonio
Debtor's Counsel: Ryan J. Cooney, Esq.
COONEY LAW OFFICES
223 Fourth Ave
Pittsburgh, PA 15222
Tel: (412) 992-7597
E-mail: Rcooney@cooneylawyers.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Gary Fennell as president.
A copy of the Debtor's list of 16 unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/PVFHRJA/Moguls_Industries_LLC__pawbke-25-21775__0004.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/PBWBN3Y/Moguls_Industries_LLC__pawbke-25-21775__0001.0.pdf?mcid=tGE4TAMA
MOGULS INDUSTRIES: Seeks Subchapter V Bankruptcy in Pennsylvania
----------------------------------------------------------------
rkc.llc reports that Moguls Industries, LLC, which operates Rumors
Tavern in Zelienople, Pennsylvania, has filed for Chapter 11
bankruptcy protection. The filing was submitted on July 7, 2025, in
the U.S. Bankruptcy Court for the Western District of Pennsylvania.
Moguls Industries is proceeding under Subchapter V of Chapter 11, a
provision designed to simplify the reorganization process for small
businesses.
In its petition, the company reported estimated assets and
liabilities each between $1 million and $10 million, with between 1
and 49 creditors. It also indicated that funds will be available
for distribution to unsecured creditors after administrative costs
are paid, the report states.
About Moguls Industries LLC
Moguls Industries LLC is the operator of Rumors Tavern, a drinking
establishment located in Zelienople, Pennsylvania.
Moguls Industries LLC sought relief under Subchapter V of the U.S.
Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-21775) on July 7,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Ryan J. Cooney, Esq. at Cooney Law
Offices.
MOSAIC COS: Seeks Chapter 11 Bankruptcy with Plans to Sell Assets
-----------------------------------------------------------------
Steven Church of Bloomberg News reports that Mosaic Cos., a tile
and stone flooring company, filed for bankruptcy with intentions to
sell its operations, after its primary investor -- an affiliate of
investment firm Baupost Group -- was unable to resolve
import-related issues that began during the Covid-19 pandemic.
In a court filing Tuesday, July 8, 2025, Mosaic explained that its
heavy dependence on imported products, sold through design studios
and home improvement chains, made it especially susceptible to the
supply chain disruptions triggered by the pandemic and persisting
in its aftermath.
About Mosaic Cos. LLC
Mosaic Companies, LLC is a specialty surfaces distributor operating
multiple brands in the high-end tile, stone, and ceramic products
sector.
Mosaic Companies sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11296) on July 8, 2025.
In its petition, the Debtor reports estimated assets between $10
million and $50 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Craig T. Goldblatt handles the case.
The Debtor is represented by Sophie Rogers Churchill, Esq. and
Matthew B. Harvey, Esq. at Morris Nichols Arsht & Tunnell, LLP.
MRS. BETTY'S: Unsecured Creditors to Split $72K over 5 Years
------------------------------------------------------------
Mrs. Betty's Fried Chicken Restaurant, LLC, filed with the U.S.
Bankruptcy Court for the Middle District of Georgia a Plan of
Reorganization under Subchapter V dated June 19, 2025.
The Debtor operates a restaurant in Butler, Taylor County, Georgia
and formerly also operated in Warner Robins, Houston County,
Georgia.
The Warner Robins location closed due to insufficient revenue to
support its expenses. The Debtor now files this plan to regroup
at the remaining Butler location, repay its creditors, and return
itself to profitability.
The claims in Class 5 (General Unsecured), to the extent allowed,
shall be settled and satisfied as follows: Claims in this class
shall be paid the full amount of their Allowed Claims, up to total
aggregate claims payments of $75,000.00, over the term of the plan.
Estimated claims in this class are $227,475.
The Plan will last a minimum of three years and a maximum of five
years but will guarantee payment of the stated dividend of $72,000.
Each holder of an Allowed Unsecured Claim shall be paid by the
Debtor (or Trustee, as the case may be) their pro rata share of
each annual distribution within 30 days of the annual payment due
date.
All payments shall be made from the Debtor's future earnings, from
the liquidation of its assets, or from loans, contributions or
gifts to the Debtor.
For Class 5 claims, Debtor shall fund annual payments of at least
$14,400.00 each, with the first payment due on the anniversary of
the Effective Date. Payments will be completed within 60 months/5
years following the Effective Date.
A full-text copy of the Plan of Reorganization dated June 19, 2025
is available at
https://urlcurt.com/u?l=JOxMh6 from PacerMonitor.com at no charge.
Counsel to the Debtor:
Daniel L. Wilder, Esq.
LAW OFFICES OF EMMETT L. GOODMAN, IR., LLC
544 Mulberry Street, Suite 800
Macon, GA 31201-2776
Tel: (478) 745-5415
Fax: (478) 746-8655
Email: dwilder@goodmanlaw.org
About Mrs. Betty's Fried Chicken Restaurant
Mrs. Betty's Fried Chicken Restaurant, LLC, sought protection for
relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Ga.
Case No. 25-40197) on March 21, 2025, listing $50,001 to $100,000
in assets and $100,001 to $500,000 in liabilities.
Daniel Lewis Wilder, Esq., at Law Offices Of Emmett L. Goodman,
Jr., is the Debtor's counsel.
MY JOB MATCHER: July 15 Deadline for Panel Questionnaires
---------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy cases of My Job Matcher,
Inc., et al.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/5bphwapa and return by email it to
Hannah McCollum -- Hannah.McCollum@usdoj.gov -- at the Office of
the United States Trustee so that it is received no later than 4:00
p.m., on Tuesday, July 15, 2025.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About My Job Matcher Inc.
My Job Matcher Inc. and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11280) on
July 6, 2025. In its petition, the Debtors estimated assets of $10
million to $50 million and liabilities of $50 million to $100
million.
The Honorable Bankruptcy Judge Karen B. Owens handles the cases.
The Debtors are represented by Jeffrey R. Waxman, Esq.,Carl N.
Kunz, III, Esq., and Christopher M. Donnelly, Esq. at Morris James
LLP. Configure Partners LLC serves as investment banker to the
Debtors, Stretto Inc. acts as claims and noticing agent, and
Corlissmoore & Associates acts as provider of CEO, COO
administrative office and support personnel to the Debtors.
MY JOB MATCHER: Plans to Sell AI Job Interview Software, Domains
----------------------------------------------------------------
James Nani of Bloomberg Law reports that the high-tech staffing
firm behind Job.com, My Job Matcher, is seeking bankruptcy court
approval to let its secured lenders begin bidding on key assets,
including AI-powered interview software and more than 200 domain
names.
In a motion filed Tuesday, July 8, 2025, in the U.S. Bankruptcy
Court for the District of Delaware, My Job Matcher Inc. asked the
court to designate a $35 million credit bid from Serengeti
Multi-Series Master LLC-Series ARR, GT Partners Private Credit
Finance LLC, and GT Monterey Cypress Finance LLC as the opening bid
for most of its assets.
About My Job Matcher Inc.
My Job Matcher Inc. and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11280) on
July 6, 2025. In its petition, the Debtor reports estimated assets
between $10 million and $50 million and liabilities ranging from
$50 million to $100 million.
Honorable Bankruptcy Judge Karen B. Owens handles the case.
The Debtor is represented by Jeffrey R. Waxman, Esq.,Carl N. Kunz,
III, Esq., and Christopher M. Donnelly, Esq. at Morris James LLP.
NEWBURGH/SIX MILE: JPMBB Wants NAI Farbman as Receiver
------------------------------------------------------
In the case styled JPMBB 2014-C22 NORTH LAUREL PARK DRIVE, LLC, a
Delaware limited liability company, Plaintiff v. NEWBURGH/SIX MILE
LIMITED PARTNERSHIP II, a Michigan limited partnership, Defendant,
Case No. 2:25-cv-11884-NGE-EAS (E.D. Mich.), the Plaintiff moves
this Court for expedited consideration of its motion pursuant to
Fed. R. Civ. P. 65 and 66, M.C.L. Section 600.2926, M.C.L. Section
554.1057, and M.C.L. Section 554.1016, for entry of an order of the
stipulated order appointing a receiver to manage and control
certain real and personal property, specifically, the multi-tenant
office building and theatre located at 17370-17390 North Laurel
Park Drive, Livonia, MI 48152.
The Plaintiff holds a mortgage on the Property in the amount of at
least approximately $21,908,675.31. Defendant Newburgh/Six Mile
Limited Partnership II is the borrower that has defaulted under the
Loan Documents, by among other defaults, failing to pay all amounts
due under the Note and Mortgage on or prior to August 1, 2024. The
Defendant continues to control the Property but has failed to pay
the entire balance of the loan on the Maturity Date, despite
receiving rental income.
The Plaintiff believes that a preliminary injunction appointing a
receiver should be issued to protect its interest in the Property
and income therefrom. The Plaintiff has initiated a foreclosure by
advertisement of the Property by commencing publication of a Notice
of Mortgage Foreclosure Sale pursuant to MCL 600.3201 et seq. on
May 21, 2025 in the Detroit Legal News and the sale is currently
set for July 3, 2025, and Plaintiff requests the immediate
appointment of a receiver to preserve and protect the property
during the foreclosure and statutory redemption period.
The Plaintiff also points out the Defendant has agreed in the Loan
Documents to the appointment of a receiver under the present
circumstances, and so cannot effectively oppose it now. The
Plaintiff is also entitled to the appointment of receiver under
Michigan law.
The Plaintiff now asks that this Court immediately enter the
Stipulated Order Appointing Receiver and Other Relief, which
provides for the appointment of NAI Farbman through its authorized
agent Andy Gutman as receiver, with all of the powers and duties
prescribed by law and the Order and protecting Plaintiff's interest
in the Property and income therefrom from dissipation by
Defendant.
Newburgh/Six Mile Limited Partnership II is a Michigan limited
partnership and is the mortgagor of the Property.
The Plaintiff is represented by:
Andrew T. McClain, Esq.
DENTONS US LLP
233 S. Wacker Drive, Suite 5900
Chicago, IL 60606
Telephone: (312) 876-800
Facsimile: (312) 876-7934
E-mail: andrew.mcclain@dentons.com
- and -
Ann Marie Uetz, Esq.
FOLEY & LARDNER LLP
500 Woodward Avenue, Suite 2700
Detroit, MI 48226
Telephone: (313) 234-7175
E-mail: auetz@foley.com
NIKOLA CORP: Ex-CEO Disputes Plan Discloses Over Funding
--------------------------------------------------------
Randi Love of Bloomberg Law reports that the founder of Nikola
Corp. is opposing the bankrupt EV maker's proposed plan
disclosures, arguing that the documents are misleading and lack
crucial information.
In a Monday, July 7, 2025, filing with the U.S. Bankruptcy Court
for the District of Delaware, former CEO Trevor Milton claimed the
company breached their separation agreement, which obligated Nikola
to cover his future litigation costs in exchange for his
resignation.
Milton noted that, under the agreement, he relinquished all of his
performance-based stock, forfeited the option to enter a two-year
consulting deal worth $10 million annually, and gave up other
rights -- commitments he says Nikola has not honored.
About Nikola Corp.
Nikola Corporation and affiliates specialize in the design and
manufacture of zero-emissions commercial vehicles, including
battery-electric and hydrogen fuel cell trucks. The companies
operate in two business units: Truck and Energy. The Truck business
unit is commercializing heavy-duty commercial hydrogen-electric
(FCEV) and battery-electric (BEV) Class 8 trucks that provide
environmentally friendly, cost-effective solutions to the short,
medium and long-haul trucking sectors. The Energy business unit is
developing hydrogen fueling infrastructure to support FCEV trucks
covering supply, distribution and dispensing. Founded in 2015,
Nikola is headquartered in Phoenix, Ariz.
Nikola and nine of its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del., Lead Case No. 25-10258)
on February 19, 2025. In the petitions, the Debtors reported total
assets as of Jan. 31, 2025 of $878,094,000 and total debts as of
Jan. 31, 2025 of $468,961,000.
Bankruptcy Judge Thomas M. Horan handles the cases.
Potter Anderson & Corroon LLP serves as general bankruptcy counsel
to the Debtors, and Pillsbury Winthrop Shaw Pittman LLP serves as
bankruptcy co-counsel. Houlihan Lokey Capital, Inc. acts as
investment banker to the Debtors; M3 Advisory Partners LP acts as
financial advisor to the Debtors; while EPIQ Corporate
Restructuring LLC is the Debtors' claims and noticing agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Morrison & Foerster LLP and Morris James, LLP as
legal counsels; Ducera Securities, LLC as investment banker; and
FTI Consulting, Inc. as financial advisor.
PENNSYLVANIA ECONOMIC: Fitch Withdraws BB- Rating on Parking Bonds
------------------------------------------------------------------
Fitch Ratings has affirmed Pennsylvania Economic Development
Financing Authority's (PEDFA) approximately $28 million outstanding
senior parking revenue bonds at 'BB-'. The Rating Outlook is
Stable.
Fitch has also withdrawn the rating for commercial reasons.
RATING RATIONALE
The rating reflects the system's underlying market and constrained
financial profile given the elevated aggregate leverage, which has
led to increased risk related to asset preservation should cash
flows prevent adequate levels of funding for capital and
maintenance needs. The system retains financial flexibility in the
form of its surety contracts to meet short-term financial
commitments. However, the system's financial capacity to meet all
future obligations, including reimbursements to Assured Guaranty
(AGM) and Dauphin County for draws on the debt service reserve fund
and the funding of necessary maintenance capex, is vulnerable to
adverse changes in the economic environment.
Although the parking system maintains healthy coverage on a senior
basis, coverage including subordinate debt obligations is
significantly lower and has not been in compliance with the rate
covenant for several years. The rating case reflects senior
coverage averaging 1.9x through maturity, while all-in coverage net
of senior and subordinate operating expenses averages is less than
sum sufficient at 0.9x through 2053. Fitch expects parking system
cash flows and current fund balances to remain narrow, providing
limited internal resources for maintenance capex due to the low
priority in the payment waterfall of capital reserve account
replenishment.
Fitch Ratings has chosen to withdraw PEDFA's rating for commercial
reasons.
KEY RATING DRIVERS
Revenue Risk - Volume - Weaker
Dominant Position, Lagging Performance: The system includes 11
parking facilities covering around 70% of public parking in
Harrisburg. Strong non-compete covenants provide adequate market
share protection. However, while the high degree of government jobs
in the area provides some demand stability via commonwealth parking
contracts, university enrollment and economic growth in the
Harrisburg area remain important to growth, with parking revenues
likely to mirror tepid historical performance.
Rates remain competitive versus the national average, providing
flexibility should the authority pursue above-inflationary rate
increases to address revenue underperformance and fund lifecycle
investments.
Moderate Price Flexibility: Contracted rate schedules provided for
large upward adjustments prior to 2017, and the current mechanism
allows for annual escalators broadly in line with inflation. The
approval procedures for rate adjustments above the annual
escalators could face political risks, which may limit rate-making
flexibility, although the authority has a historical precedent of
implementing significant increases.
Capital Plan Exhibits Risk: The weaker assessment reflects the
system's limited excess cash flows to fund major maintenance costs,
as well as to replenish the capital reserve account at appropriate
levels. Repayments to draws on debt service reserves tied to the
junior obligations are prioritized ahead of capital reserves in the
system's flow of funds. In addition, inflationary pressures could
cause capex costs to rise at a faster rate than revenue, causing
further tightening of cash flow for capital improvements.
Debt Structure - Midrange
Fixed-Rate, Weak Structural Features: The midrange assessment
reflects the senior ranking of the 2013A-2 bonds in the project's
capital structure and the parking system's fixed-rate and fully
amortizing debt profile. Debt service escalates through maturity
due to a combination of current interest and capital appreciation
bonds. Weak structural features include limited requirements for
liquidity and leverage protections, no established operating
reserves, and debt service reserves funded through surety policies
instead of cash.
Financial Profile
The parking system has a high aggregate leverage and an escalating
debt service profile, including capital appreciation structured
bonds, which requires significant revenue growth to cover
increasing capital needs. All-in coverage, including subordinate
debt, was 1.0x in 2024, falling below the rate covenant (two-prong
test of 1.0x all obligations and 1.25x all debt service net of
current expenses) for the seventh time since 2013.
In Fitch's rating case, senior-lien coverage averages 2.9x from
2025 through 2034 and 1.9x through debt maturity. The 10-year
average coverage of total project costs, including subordinated
debt obligations and debt service reserve draw reimbursements, is
less than sufficient at 0.9x.
PEER GROUP
The closest publicly Fitch-rated peer is Miami Parking (A+/Stable).
This parking credit represents a larger city system in a very
strong metropolitan statistical area. Miami Parking's higher rating
reflects robust liquidity and stronger financial metrics, with
Fitch's rating case debt service coverage ratio (DSCR) averaging
above 4.0x and leverage below 1.0x.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
Rating Sensitivities are not applicable as the rating has been
withdrawn.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
Rating Sensitivities are not applicable as the rating has been
withdrawn.
SECURITY
The series 2013A senior bonds are secured by a senior in payment
gross pledge of the parking revenues (which are net of a 20%
off-street parking tax to the city) generated by the Capitol Region
Parking System's facilities and meters.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
Pennsylvania Economic
Development Financing
Authority (PA) [Parking]
Pennsylvania Economic
Development Financing
Authority (PA) /Parking
System Revenues - First
Lien/1 LT LT BB- Affirmed BB-
Pennsylvania Economic
Development Financing
Authority (PA) /Parking
System Revenues - First
Lien/1 LT LT WD Withdrawn
PERASO INC: Regains Nasdaq Compliance on Bid Price Rule
-------------------------------------------------------
Peraso Inc. received a letter from The Nasdaq Stock Market LLC
notifying the Company that it has regained compliance with the
Nasdaq Capital Market's minimum bid price continued listing
requirement.
The letter noted that, as of June 17, 2025, the Company evidenced a
closing bid price of its common stock in excess of the $1.00
minimum requirement for 10 consecutive trading days. Accordingly,
the Company has regained compliance with Nasdaq Marketplace Rule
5550(a)(2) and Nasdaq considers the matter closed.
About Peraso Inc.
Headquartered in San Jose, California, Peraso Inc. --
www.perasoinc.com -- is a pioneer in high-performance 60 GHz
unlicensed and 5G mmWave wireless technology, offering chipsets,
antenna modules, software and IP. Peraso supports a variety of
applications, including fixed wireless access, immersive video and
factory automation. In addition, Peraso's solutions for data and
telecom networks focus on Accelerating Data Intelligence and
Multi-Access Edge Computing, providing end-to-end solutions from
the edge to the centralized core and into the cloud.
In its report dated March 28, 2025, the Company's auditor, Weinberg
& Company, issued a "going concern" qualification, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that during the year ended Dec. 31, 2024, the Company
incurred a net loss and utilized cash in operations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
As of Dec. 31, 2024, Peraso had $7.21 million in total assets,
$3.74 million in total liabilities, and $3.47 million in total
stockholders' equity.
PROSPECT INTERMEDIATE: Seeks Chapter 11 After Sale of Astrana
-------------------------------------------------------------
Alex Wittenberg of Law360 reports that roughly two dozen physician
practices affiliated with bankrupt healthcare firm Prospect Medical
have filed for Chapter 11 protection in Texas, just days after
Prospect sold a portion of their assets to Astrana Health Inc. in a
$708 million deal.
About Prospect Intermediate Holdings LLC
Prospect Intermediate Holdings LLC is a healthcare holding company
within the Prospect Medical Holdings system.
Prospect Intermediate Holdings LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80158) on
July 7, 2025. In its petition, the Debtor reports estimated assets
between $10 million and $50 million and estimated liabilities
between $500 million and $1 billion.
Honorable Bankruptcy Judge Jud Stacey G. Jernigan handles the
case.
The Debtor is represented by Thomas Robert Califano, Esq. at Sidley
Austin LLP.
PROSPECT MEDICAL: PCo Debtors File Chapter 11 for Wind-Down
-----------------------------------------------------------
PHP Holdings, LLC, and certain physician-related debtor affiliates
followed parent Prospect Medical Holdings, Inc., into Chapter 11
bankruptcy to complete a wind-down of their operations.
Prospect is a significant provider of coordinated regional
healthcare services in California, Connecticut, Pennsylvania, and
Rhode Island. The Company's business can be broadly divided into
two segments: (1) hospital operations, which consist of, among
other things, the ownership and operation of 16 acute care and
behavioral hospitals -- "HospitalCo" -- and (2) physician-related
services, including certain owned and managed medical groups,
independent physician associations, managed services organizations
and risk-taking entities -- "PhysicianCo".
Amid mounting operational losses and liquidity concerns, Prospect
retained Morgan Stanley & Co. LLC to run a fulsome marketing and
sale process for Physician Co. After months of negotiations,
Prospect in November 2024 signed a purchase agreement with Astrana
Health Inc. to purchase the PhysicianCo. business for $745 million
in consideration, minus certain purchase price adjustments.
In January, Prospect and other HospitalCo debtors commenced chapter
11 cases to stabilize their hospital business and consummate a
comprehensive restructuring transaction. The PhysicianCo entities
were not included in the January filings as the Astrana sale had to
be closed outside the Chapter 11 process for regulatory purposes.
Following the close of the Astrana sale on July 1, 2025, the
ownership of former PhysicianCo affiliates Prospect Health Plan,
Inc., a Knox-Keene licensed entity, and Alta Newport Hospital, LLC
dba Foothill Regional Medical Center, a licensed acute hospital,
were transferred to Astrana. The remaining PhysicianCo entities
have ceased operations and no longer employ any employees. After
calculating all pre-closing adjustments, the adjusted purchase
price was approximately $698.5 million.
PHP Holdings, LLC and the other PhysicanCo entities on July 7,
2025, commenced chapter 11 cases to effectuate an orderly wind-down
of their business, in coordination with the HCo Debtors' Chapter 11
cases initiated in January 2025.
Among other things, the Astrana sale, which had to be closed
outside of chapter 11 for regulatory purposes, enabled the HCO
Debtors to pay down the JMB DIP Facility by approximately $67
million and enabled substantial repayment of the PCo Debtor's
liabilities. Following the Astrana Sale, the PCo Debtors have
ceased all business operations, no longer employ any personnel, and
do not generate any operating revenue. Accordingly, the PCo Debtors
are now focused exclusively on winding down their affairs and
liquidating any remaining assets.
Notwithstanding the Astrana Sale, the PCo Debtors remain saddled
with liabilities that cannot be resolved outside of chapter 11
including: (1) $772.4 million of secured debt which consists of:
(a) $757.4 million owed to Medical Properties Trust, Inc. and its
affiliates (collectively, "MPT"), and (b) approximately $15 million
owed to funds managed or advised by Centerbridge Credit CS, L.P.
and funds managed or advised by Blue Torch Capital L.P., and (2)
certain "Excluded Liabilities" from the Astrana sale including,
inter alia, (i) pre-Closing litigation arising from the 2023
cyber-security attack and other professional- and general-liability
lawsuits, and (ii) potential WARN Act, severance, wage, and
benefits exposure for former employees. In addition, the PCo
Debtors are party to a Restructuring Support Agreement with MPT and
the Prepetition Term Loan Lenders pursuant to which those parties
agreed to support a chapter 11 plan contemplating the wind-down of
the PCo Debtors' estates, subject to certain conditions.
Accordingly, the PCo Debtors contend the Chapter 11 Cases are
necessary to effectuate an orderly, court-supervised wind-down of
their estates.
About Prospect Medical
Prospect Medical Holdings is a significant provider of coordinated
regional healthcare services in California, Connecticut,
Pennsylvania, and Rhode Island. The Company's business has two
segments: (1) hospital operations, which consist of, among other
things, the ownership and operation of 16 acute care and behavioral
hospitals (collectively, "HospitalCo"), and (2) physician-related
services, including certain owned and managed medical groups,
independent physician associations, managed services organizations
and risk taking entities (collectively, "PhysicianCo").
Prospect in November 2024 signed a purchase agreement with Astrana
Health Inc. for the sale of PhysicianCo for $745 million in
consideration, minus certain purchase price adjustments.
Prospect Medical and other HospitalCo affiliates sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Lead
Case No. 25-80002) on Jan. 11, 2025. In the petition filed by CRO
Paul Rundell, the Debtor estimated assets and liabilities between
$1 billion and $10 billion each.
After closing of the Astrana sale, PHP Holdings, LLC, and 24
Physician Co. affiliates commenced Chapter 11 cases to complete a
wind-down of their operations.
Bankruptcy Judge Stacey G. Jernigan handles the cases.
The Debtors' general bankruptcy counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York. The Debtors
also tapped Alvarez & Marsal North America, LLC as financial
advisor; Houlihan Likey, Inc. as investment banker; and Omni Agent
Solutions, Inc. as claims, noticing & solicitation agent.
On Jan. 29, 2025, the Office of the United States Trustee for
Region 6 appointed an official committee of unsecured creditors.
The committee tapped Brinkman Law Group, PC, as efficiency counsel.
PROSPECT MEDICAL: Sussman & Moore Represents Utilities & Executor
-----------------------------------------------------------------
Weldon L. Moore, III of Sussman & Moore, LLP, filed a verified
statement pursuant to Rule 2019 of the Federal Rules of Bankruptcy
Procedure to disclose that in the Chapter 11 cases of Prospect
Medical Holdings Inc. and its affiliates, the firm represents
utility companies (the "Utilities") that provide utility
goods/services to the Debtors.
Further, the Firm represents the Estate of David Scavetta, through
Beverly Scavetta, Executor (the "Executor").
The names and addresses of the Utilities represented by the Firm
are:
1. PECO Energy Company
Attn: Lynn R. Zack, Esq.
Assistant General Counsel
Exelon Corporation
230I Market Street, S23-I
Philadelphia, Pennsylvania 19103
2. Southern California Gas Company
Attn: Cranston J. Williams, Esq.
Office of the General Counsel
555 W. Fifth Street, GT14GI
Los Angeles, CA 90013-1034
3. Southern California Edison Company
Attn: Jeffrey S. Renzi, Esq.
Director and Managing Attorney
Southern California Edison Company, Law Department
2244 Walnut Grove Avenue
Rosemead, California 91770
4. The Connecticut Light & Power Company
Yankee Gas Services Company
Attn: Honor S. Heath, Esq. Eversource Energy
107 Selden Street
Berlin, Connecticut 06037
5. Rhode Island Energy
Attn: Tonya M. Harris, Esq.
PPL Corporation
Two City Center
645 Hamilton Street
Allentown, Pennsylvania 18101
1. David Scavetta, through Beverly Scavetta, Executor
c/o Jonathan A. Kocienda
Claggett, Sykes & Garza, LLC
76 Batterson Park Rd., Ste. 301
Farmington, CT 06032
Sussman and Moore, LLP was retained to represent the Executor in
June 2025. The circumstances and terms and conditions of employment
of the Firm by the Utilities is protected by the attorney-client
privilege and attorney work product doctrine.
The law firm can be reached at:
Weldon L. Moore, III
Sussman & Moore, LLP
2911 Turtle Creek Blvd., Ste.
Dallas, Texas 75219
Tel: (214) 378-8270
Fax: (214) 378-8290
Email: wmoore@csmlaw.net
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, as chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' General Bankruptcy Counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York.
The Debtors' Financial Advisor is ALVAREZ & MARSAL NORTH AMERICA,
LLC.
The Debtors' Investment Banker is HOULIHAN LIKEY, INC.
The Debtors' Claims, Noticing & Solicitation Agent is OMNI AGENT
SOLUTIONS, INC.
QVC GROUP: 2 Directors Join Board After Larry Romrell's Exit
------------------------------------------------------------
QVC Group, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that Larry E. Romrell resigned
from the board of directors, effective June 20, 2025.
As a result of his resignation from the Board, Mr. Romrell will no
longer serve as a member of the Audit Committee of the Board or as
Chair of the Compensation Committee of the Board. Mr. Romrell's
resignation as a member of the Board was not the result of any
dispute or disagreement with the Company, and the Company is
appreciative of Mr. Romrell's years of service and wishes him well
in his future endeavors.
Immediately following Mr. Romrell's resignation, on June 20, 2025,
the Board increased the size of the Board from seven (7) to eight
(8) directors and appointed Roger Meltzer and Carol Flaton to the
Board to fill the two vacancies occurring as a result of Mr.
Romrell's resignation and the increase in Board size. The Board has
determined that each of Mr. Meltzer and Ms. Flaton qualifies as an
independent director for purposes of the rules of The Nasdaq Stock
Market as well as applicable rules and regulations adopted by the
Commission. The Board has also determined that each of Mr. Meltzer
and Ms. Flaton qualifies as a disinterested director under Delaware
law with respect to any strategic and/or financial alternatives
that may be considered and evaluated from time to time by the
Board. Mr. Meltzer and Ms. Flaton will serve on a special committee
of the Board formed for the purpose of considering and evaluating
such matters. Neither Mr. Meltzer nor Ms. Flaton has a direct or
indirect material interest in any related party transaction
required to be disclosed under Item 404(a) of Regulation S-K.
Mr. Meltzer will serve as a Class I director with a term expiring
at the annual meeting of stockholders in 2026 and Ms. Flaton will
serve as a Class II director with a term expiring at the annual
meeting of stockholders in 2027. In addition, effective upon Mr.
Meltzer and Ms. Flaton's appointments:
(i) the Audit Committee of the Board will consist of Mr.
Meltzer, Ms. Flaton, M. Ian G. Gilchrist and Fiona P. Dias, with
Mr. Gilchrist serving as Chair, and
(ii) the Compensation Committee of the Board will consist of
Mr. Meltzer, Ms. Flaton and Mr. Gilchrist, with Mr. Meltzer serving
as Chair.
The Company has entered into a disinterested director letter
agreement with each of Mr. Meltzer and Ms. Flaton. In accordance
with the Letter Agreements, each of Mr. Meltzer and Ms. Flaton will
receive cash compensation equal to $50,000 per month for the
duration of their service on the Board and, following the
conclusion of their service on the Board, reimbursement for
continuing support on a per diem basis. Mr. Meltzer and Ms. Flaton
will not receive any other compensation, including pursuant to the
Company's nonemployee director compensation program, which is
summarized in the Company's proxy statement, which was filed with
the Commission on March 28, 2025. The Company will also enter into
its standard form of Indemnification Agreement with each of Mr.
Meltzer and Ms. Flaton. The Form of Indemnification Agreement is
filed as Exhibit 10.30 to the Company's Annual Report on Form 10-K
as filed with the SEC on February 27, 2025.
About QVC Group
QVC Group, Inc., formerly known as Qurate Retail, Inc. --
https://www.qvcgrp.com/ -- owns interests in subsidiaries and other
companies which are primarily engaged in the video and online
commerce industries. Through our subsidiaries and affiliates, we
operate in North America, Europe and Asia. Its principal businesses
and assets include our consolidated subsidiaries QVC, Inc.,
Cornerstone Brands, Inc., and other cost method investments.
As of Dec. 31, 2024, QVC Group had $9.24 billion in total assets,
$10.13 billion in total liabilities, and $885 million in total
stockholders' equity.
* * *
In June 2025, Fitch Ratings has downgraded QVC Group, Inc.'s (QVC)
Long-Term Issuer Default Rating (IDR) to 'CCC+' from 'B-'. The
downgrade reflects heightened risk regarding QVC's ability to
stabilize operations and support its capital structure amid
accelerating revenue declines and a challenged operating
environment.
RADIX HAWK: Seeks to Hire Gullett Title Inc as Title Agent
----------------------------------------------------------
Radix Hawk Holdings LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to hire Gullett Title Inc
as title agent.
The firm will render these services:
a. Issuance of title commitments and title insurance
policies;
b. Title searches and curative work;
c. Coordination of closing/escrow services
d. Disbursement of sale proceeds; and
e. All other "related title services" as defined in Rule
690-186.003(1), Florida Administrative Code.
The firm has has agreed to be compensated as follows:
a. Professional will be compensated at the closing of the
Auction sale regarding the Debtor's Property through receipt of the
title insurance premium earned for this transaction if property
sells to a third party at the Auction.
b. However, if there is no sale at the Auction or the Property
sells by way of a credit bid to Altamar Financial Group, LLC, then
Professional shall be entitled to a $7,500 flat fee payable by the
Debtor.
J.J. Gullett, president of Gullett Title, Inc., assured the court
that his firm is a disinterested person as defined under 11 U.S.C.
Sec. 101(14).
The firm can be reached through:
J.J. Gullett
Gullett Title, Inc.
401 Saint Johns Avenue
Palatka, FL 32177
Phone: (386) 328-5106
Email: jj@gulletttitle.com
About Radix Hawk Holdings LLC
Radix Hawk Holdings LLC is a real estate holding company primarily
owning hotel and motel complexes located at 5859 American Way,
Orlando, FL 32819.
Radix Hawk Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01631) on March 24,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge Lori V. Vaughan handles the case.
The Debtor is represented by Craig I. Kelley, Esq. of KELLEY KAPLAN
& ELLER, PLLC.
RASMALA TRADE: Deloitte & Al Fattan Name as Liquidators
-------------------------------------------------------
By order of the Grand Court of the Cayman Islands, the voluntary
liquidation of Rasmala Trade Finance Fund whose registered offices
is situated care of Deloitte & Touche LLP, PO Box 1787, 8th floor,
60 Nexus Way, Camana Bay, Grand Cayman, KY1-1109, Cayman Island
("Deloitte Cayman") be continued under the supervision of the
court.
Michael Green and Grant Hiley of Deloitte Cayman and Paul Leggett
of Deloitte Professional Services (DFIC) Limited, AL Fattan
Currency House, DFIC, Building 1 Dubai, United Arab Emirate, were
appointed as joint official liquidators ("JOLs").
Creditors of the company are invited to prove their debts or claims
and to establish any title they have under the ACT, contingent or
otherwise, by July 23, 2025. The proof of debt form can be
requested by contacting the JOLs at:
Grant Hiley
Joint Official Liquidator
Audra Graham
Deloitte & Touche LLP
Tel: +1 (345) 949-7500
Email: augraham@deloitte.com
REDHAWK LANDING: Hires Swiecicki & Muskett as Bankruptcy Counsel
----------------------------------------------------------------
Redhawk Landing LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Missouri to hire Swiecicki & Muskett,
LLC as its attorneys.
The firm will render these services:
(a) investigate whether or not any creditors have perfected
security interests which are enforceable against the estate of the
Debtor-in-possession, and based upon said investigation, to take
all necessary steps to invalidate such security interests which
have not been properly perfected;
(b) take all necessary action to protect and preserve the
estate of the Debtor-in- possession including the prosecution of
actions commenced against them, negotiations concerning all
litigation in which they are involved, and objecting to claims
filed in these proceedings;
(c) prepare on behalf of the Debtor, as Debtor-In-Possession,
all necessary applications, answers, orders, reports and papers in
connection with the administration of the estate; and
(d) perform all other necessary legal service in connection
with these proceedings.
The firm will be paid $300 per attorney hour.
Christopher Swiecicki, managing partner of Swiecicki & Muskett,
assured the court that his firm is a "disinterested person" within
the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Christopher S. Swiecicki, Esq.
Swiecicki & Muskett, LLC
16100 Chesterfield Pkwy W Suite 368
Chesterfield, MO 63017
Phone: (636) 778-0209
Email: Chris@SwiecickiLaw.com
About Redhawk Landing LLC
Redhawk Landing LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D. Mo. Case No.
25-42427) on June 26, 2025, listing up to $50,000 in assets and
$100,001 to $500,000 in liabilities.
Judge Bonnie L Clair presides over the case.
Christopher S. Swiecicki, Esq. at Swiecicki & Muskett, LLC
represents the Debtor as counsel.
RELIABLE SECURITY: Gary Murphey Named Subchapter V Trustee
----------------------------------------------------------
The U.S. Trustee for Region 21 appointed Gary Murphey of Resurgence
Financial Services, LLC as Subchapter V trustee for Reliable
Security Staffing, LLC.
Mr. Murphey 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. Murphey declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Gary Murphey
Resurgence Financial Services, LLC
3330 Cumberland Blvd., Suite 500
Atlanta, GA 30330
Tel: (770) 933-6855
Email: Murphey@RFSLimited.com
About Reliable Security Staffing
Reliable Security Staffing LLC provides security guard services
across Georgia, serving clients in retail, corporate, residential,
event, and construction sectors.
Reliable Security Staffing LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-56853) on
June 20, 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 Paul Baisier handles the case.
The Debtors are represented by Mark D. Gensburg, Esq. at JONES &
WALDEN LLC.
RICHARD N. BERKSHIRE: UST Wins Bid to Appoint Chapter 11 Trustee
----------------------------------------------------------------
Judge Brian S. Kruse of the United States Bankruptcy Court for the
District of Nebraska granted the United States Trustee's motion to
appoint a Chapter 11 trustee for debtor Richard N. Berkshire.
The debtor filed his bankruptcy petition on April 18, 2025, after a
$2,666,767.74 judgment for breach of fiduciary duties was entered
against him. The judgment was entered by the District Court of
Douglas County, Nebraska in favor of his sisters, Leslie Berkshire
and Laurie Meyers. The debtor and his sisters were partners in
Berkshire Partnership LP. For several years the debtor was its
managing partner.
In its judgment order, the district court found the debtor
repeatedly breached fiduciary duties, including the duties of
loyalty, care, and good faith and fair dealing. Underlying the
judgment were factual findings the debtor used partnership assets
to funnel money to himself and friends in an amount greater than
the value of the debtor's partnership interest.
A second breach of fiduciary duty lawsuit was pending at the time
the debtor filed his bankruptcy case. The second lawsuit involved
the debtor's breach of fiduciary duties as trustee of his father's
trust, of which he and his sisters were beneficiaries. The debtor's
sisters sued the debtor individually and as trustee. On April 25,
2025, the county court removed the debtor as trustee and entered a
judgment finding the debtor forfeited all interest in the trust,
having already disbursed to himself $292,495.51 more than the value
of his interest. The county court judgment was entered postpetition
because the debtor did not inform the county court of the
bankruptcy filing.
The debtor's plan of reorganization is to appeal the district court
judgment. The appeal is presently stayed under 11 U.S.C. Sec. 362.
The debtor will not voluntarily agree to lift the stay until after
his plan of reorganization is approved. If it is affirmed, he will
pay the judgment in full within 30 days of the decision and will
dismiss this bankruptcy case. The sources for the payment are the
trust and his IRA. It is not certain these two assets will
collectively pay all claims. The value of the debtor's interest in
the trust is not established by the evidence to any reasonable
degree of certainty.
The Court holds that, because the U.S. Trustee established cause
for appointment of a trustee by a preponderance of the evidence
based on the debtor's prepetition conduct, and by clear and
convincing evidence based upon the debtor's prepetition and
postpetition conduct, the motion is granted. Judge Kruse explains,
". In the short time acting as a debtor in possession, the debtor
did not accurately and fully account for estate assets or expenses.
He comingled funds. He made unauthorized payments and payments
outside the ordinary course of business. He asserts full compliance
with his duties and the bankruptcy code is irrelevant because his
IRA and yet-to-be funded trust contain sufficient assets. But the
trust is not funded, and the amount, if any, to which the debtor is
entitled is far from certain. It is not clear the IRA is sufficient
to pay the judgment, plus potential post-petition interest, and
income taxes on the distributions. The debtor's IRA assets, which
he plans to use to satisfy the judgment, are imprudently invested
in one company's stock. Stock is subject to market fluctuations or
significant downturns and is inappropriate for purposes of this
bankruptcy case."
A copy of the Court's Order dated July 7, 2025, is available at
https://urlcurt.com/u?l=RVvB1p from PacerMonitor.com.
Richard N. Berkshire filed for Chapter 11 bankruptcy protection
(Bankr. D. Neb. Case No. 25-80366) on April 18, 2025, listing under
$1 million in both assets and liabilities. The Debtor is
represented by James Bachman, Esq.
RIGHTRX: Seeks Chapter 11 Bankruptcy in Texas
---------------------------------------------
On July 7, 2025, RightRX filed Chapter 11 protection in the U.S.
Bankruptcy Court for the Northern District of Texas. According to
court filing, the Debtor reports between $500 million and $1
billion in debt owed to 10,000 and 25,000 creditors. The petition
states funds will be available to unsecured creditors.
About RightRX
RightRX is a healthcare business based in Culver City, California.
The company operates in the healthcare sector, likely providing
services related to prescription medications or pharmacy
management.
RightRX sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. N.D. Tex.Case No. 25-80165) on July 7, 2025. In its
petition, the Debtor reports estimated assets between $10 million
and $50 million and estimated liabilities between $500 million and
$1 billion.
The Debtors are represented by Thomas Robert Califano, Esq. at
Sidley Austin LLP.
ROCKY MOUNTAIN: Posts $6.1M FY25 Loss, Warns of Going Concern Doubt
-------------------------------------------------------------------
Rocky Mountain Chocolate Factory, Inc. filed with the U.S.
Securities and Exchange Commission its Annual Report on Form 10-K
for the year ended February 28, 2025.
During the year ended February 28, 2025, the Company incurred a net
loss of $6.1 million compared to a net loss of $4.2 million for the
year ended February 29, 2024, and used cash in operating activities
of $6.6 million for the year ended February 28, 2025. Although the
Company paid off the outstanding debt with Wells Fargo at maturity
through the issuance of a $6 million note payable, the Company
still has incurred losses and used cash from operating activities.
The Company was also in default of its covenants on its note
payable, however, has received a waiver as of the date of issuance
of these financial statements. These factors raise substantial
doubts about the Company's ability to continue as a going concern
within the next 12 months.
As of February 28, 2025, the Company had $21.2 million in total
assets, $14.2 million in total liabilities, and total stockholders'
equity of $7 million.
New York, N.Y.-based CohnReznick LLP, the Company's auditor since
2023, 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 year ended February 28, 2025, citing that the Company has
incurred recurring losses and negative cash flows from operations
in recent years and is dependent on debt financing to fund its
operations, all of which raise substantial doubt about the
Company's ability to continue as a going concern.
The Company's ability to continue as a going concern is dependent
on its ability to continue to implement its business plan. The
Company continues to explore supplemental liquidity sources. During
the next twelve months, the Company intends to further reduce
overhead costs, improve manufacturing efficiencies, and increase
profits and gross margins by better aligning its costs with the
delivery and sale to its franchising system and focus customers. In
addition, the Company intends to benefit from its historically busy
season of holiday product sales while also increasing sales through
its e-commerce distribution channel on a year-round basis. There
are no assurances that the Company will be successful in
implementing its business plan.
Management Comment:
"Fiscal 2025 marked the beginning of a transformative era for Rocky
Mountain Chocolate," said Jeff Geygan, Interim CEO of the Company.
"We initiated a comprehensive restructuring effort to revitalize
the business--rebuilding our culture, restoring operational
discipline, and modernizing core systems. We brought consumer
packaging back in-house, implemented a new point-of-sale system for
real-time, store-level sales visibility, overhauled our e-commerce
platform, and realigned pricing across our portfolio with the goal
of improving unit-level economics and supporting stronger
franchisee performance."
"These efforts have already begun to yield results. We've seen
meaningful operational improvements, better alignment across our
franchise network, and improved data-driven decision-making.
Importantly, our brand refresh is well underway, with a new logo,
modern store design, and upgraded digital experience set to launch
in the coming months. As of March 1, 2025, our operational changes
are in effect, and we believe we have stabilized a company that has
had operational challenges for more than a decade."
Geygan added, "Looking ahead, we are focused on disciplined growth,
with a focus on profitability for the remainder of fiscal 2026. I'm
incredibly proud of our team's resilience and grateful to our
shareholders for their continued support. We are a very different
company today, with a foundation firmly in place to rebuild and
thrive."
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/t6u694aj
About Rocky Mountain Chocolate Factory
Durango, Colo.-based Rocky Mountain Chocolate Factory, Inc. is an
international franchisor, confectionery producer, and retail
operator. Founded in 1981, the Company produces an extensive line
of premium chocolate candies and other confectionery products.
RSHBY 10565: Seeks Chapter 11 Bankruptcy in New York
----------------------------------------------------
On July 8, 2025, RSHBY 10565 Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Western District of New York.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About RSHBY 10565 Inc.
RSHBY 10565 Inc. is a single asset real estate corporation.
RSHBY 10565 Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.N.Y. Case No. 15-10800) on July 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by Richard G. Berger, Esq.
RVFW LLC: Unsecured Creditors Will Get 100% of Claims in Plan
-------------------------------------------------------------
RVFW LLC and RVFW E LLC filed with the U.S. Bankruptcy Court for
the Eastern District of Texas a Combined Disclosure Statement and
Joint Plan of Reorganization dated June 19, 2025.
The Debtors' primary assets are ranch land in Denton County
designated for a development project called Eden Ranch West ("Eden
Ranch"), located at 7100 Cross Timbers Road, Flower Mound, Denton
County, Texas 75022.
Upon completion, Eden Ranch will include approximately 162 family
estates, a health and wellness center, a private school with an
independent STEM curriculum, farm land for agriculture and cattle,
honeybee production, independent power generation, a recycling
center, and more. Thoughtfully designed homes, preserved native
landscapes, and access to exceptional education will create a
lifestyle where families can grow and thrive. Community will be the
foundation of Eden Ranch.
Eden Ranch includes a 99-acre West section (the "West Property")
owned by Debtor RVFW LLC, and a 198-acre East section, owned by
Debtor RVFW E LLC (the "East Property"; together with the West
Property, the "Properties"). Together, the Properties support
approximately 162 estate lots across 298 acres, 108 of which are
already under letter of intent ("LOI") with builders and individual
buyers. A growing interest list of 400+ families underscores the
project's momentum, with several letters of intent already in the
process of converting to purchase agreements.
Class 4 General Unsecured Claims, estimated to total approximately
$622,173.78. Except to the extent that a Holder of an Allowed
General Unsecured Claim and the Debtors or the Reorganized Debtors,
as applicable, agree to less favorable treatment of such Allowed
General Unsecured Claim, the Debtors shall pay 100% of the Allowed
amount of each of the General Unsecured Claims to the Entity
holding the General Unsecured Claim on or as soon as practicable
following the Effective Date.
The Entity holding a General Unsecured Claim(s) will be paid in
Cash with respect to such Allowed Claim without interest from the
Petition Date; provided, however, that such Entity may be treated
on such less favorable terms as may be agreed to in writing by such
Entity; provided further that such Entity will receive payment in
full, without interest, before any Distribution is made to
Interests. This Class is impaired.
Holders of Interests in Debtors shall retain such Interests.
Holders of Interests in the Debtors shall not receive any
Distribution under this Plan on account of such Interests.
The Plan Distributions to be made in Cash under the terms of this
Plan shall be funded from: (a) the Debtor's Cash on hand; (b)
certain proceeds of the new equity infusion of approximately
$1,500,000; and (c) net sale proceeds from the sale of Lots. The
Debtor anticipates that the transactions contemplated herein and
the resultant value generated on the Properties, which is
anticipated to occur over the Plan Period, will result in a total
estimated net sale prices or value generated of $96,381,000 in
aggregate, which, after costs are deducted and the Prepetition
Lender is paid in full, will result in approximately $62,800,000 in
funds/equity for Distribution to other Creditors and holders of
Interests pursuant to the terms of this Plan.
A full-text copy of the Combined Disclosure Statement and Plan
dated June 19, 2025 is available at https://urlcurt.com/u?l=IUknLs
from PacerMonitor.com at no charge.
Counsel to the Debtors:
Buffey E. Klein, Esq.
Thomas J. Zavala, Esq.
HUSCH BLACKWELL LLP
1900 N. Pearl St., Suite 1800
Dallas, Texas 75201
(214) 999-6100
(214) 999-6170 facsimile
Email: buffey.klein@huschblackwell.com
tom.zavala@huschblackwell.com
Lynn H. Butler, Esq.
HUSCH BLACKWELL LLP
111 Congress Ave., Suite 1400
Austin, Texas 78701
(512) 472-5456
(512) 226-7318 facsimile
Email: lynn.butler@huschblackwell.com
About RVFW LLC
RVFW LLC is the owner of Eden Ranch, a master-planned community
located in Flower Mound, Texas, designed to reconnect families with
nature, health, and their neighbors. The Community spans over 300
acres and offers upscale living with a focus on sustainability. It
includes a range of amenities such as gardens, orchards, and
vineyards, where residents can grow their own food, and it promote
a low-impact, organic lifestyle. The ranch is dedicated to
high-quality, locally produced food, and its design incorporates
elements like rotating gourmet crops and eco-friendly farming
practices.
RVFW LLC sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. E.D. Tex. Case No. 25-40609) on March 3, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
The Debtor is represented by Buffey E. Klein, Esq., at HUSCH
BLACKWELL LLP.
RYVYL INC: S8 GlobalHolds 19.43% Stake
--------------------------------------
S8 Global Fintech & Regtech Fund disclosed in a Schedule 13G filed
with the U.S. Securities and Exchange Commission that as of June 6,
2025, it beneficially owns 3,087,000 shares of RYVYL Inc.'s common
stock, representing 19.43% of the 15,885,647 shares outstanding as
of June 5, 2025.
S8 Global Fintech & Regtech Fund may be reached through:
Geraldine Gantenbein, Manager
2C Parc d'Activites
Capellen, Luxembourg 8308
Phone: 386 41 356 635
A full-text copy of S8 Global Fintech's SEC report is available at:
https://tinyurl.com/2e4rfdax
About Ryvyl Inc.
San Diego, Calif.-based RYVYL Inc., together with its subsidiaries,
is a financial technology company that develops, markets, and sells
innovative blockchain-based payment solutions, which offer
significant improvements for the payment solutions marketplace. The
Company's core focus is to develop and monetize disruptive
blockchain-based applications, integrated within an end-to-end
suite of financial products, capable of supporting a multitude of
industries.
In its report dated March 28, 2025, the Company's auditor, Simon &
Edward, LLP, issued a 'going concern' qualification, attached to
the Company's Annual Report on Form 10-K for the year ended Dec.
31, 2024, noting that the transitioning of the Company's QuickCard
product in North America led to a significant decline in processing
volume and revenue, the recovery of these lost revenues is not
expected until late 2025. The loss of revenue resulting from this
business reorganization has jeopardized its ability to continue as
a going concern.
As of Dec. 31, 2024, RYVYL had $122.28 million in total assets,
$123.77 million in total liabilities, and a total stockholders'
deficit of $1.49 million.
SELECTIS HEALTH: Commences OTCQB Trading Under 'GBCS'
-----------------------------------------------------
Selectis Health, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company was
notified by the OTC Markets Group, Inc., that its common stock had
been approved for upgraded quotation on the OTCQB.
Quotation on the OTCQB under the ticker symbol "GBCS" began with
the market open on Monday, June 23, 2025.
About Selectis Health
Headquartered in Greenwood Village, Colo., Selectis Health, Inc.
owns and operates, through wholly-owned subsidiaries, Assisted
Living Facilities, Independent Living Facilities, and Skilled
Nursing Facilities across the South and Southeastern portions of
the US. In 2019, the Company shifted from leasing long-term care
facilities to third-party, independent operators towards an owner
operator model.
New York, N.Y.-based WithumSmith+Brown, PC, the Company's auditor
since 2024, 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 from operations, has accumulated deficits 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 $33.4 million in total assets,
$38.9 million in total liabilities, and a total stockholders'
deficit of $5.4 million.
SEXTANT STAYS: Gets Final OK to Use Cash Collateral
---------------------------------------------------
Sextant Stays, Inc. received final approval from the U.S.
Bankruptcy Court for the Southern District of Florida, Miami
Division, to use cash collateral.
The Debtor was authorized to use cash collateral on a final basis
to operate its business in the ordinary course as per the approved
budget.
The Debtor may exceed any individual budget line item and the total
budget by up to 10% without court approval; beyond that, court
authorization is required.
The U.S. Small Business Administration, a creditor with a potential
secured claim against the Debtor, will be granted a replacement
lien on post-petition cash collateral generated by the Debtor after
its Chapter 11 filing, with the same validity, priority and extent
as its pre-bankruptcy lien, if any.
The Debtor sees SBA as a potential secured creditor with a claim of
approximately $118,975, though questions remain about the nature of
its secured claim due to filing discrepancies. Even if SBA is
deemed secured, the Debtor's $935,000 in cash
provides more than adequate protection through an equity cushion.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/oDpek from PacerMonitor.com.
About Sextant Stays Inc.
Sextant Stays, Inc., doing business as Roami, is a hospitality
company that offers urban group travel accommodations in cities
such as Miami and New Orleans. Founded in 2016, the company manages
entire buildings to provide consistent, design-forward spaces aimed
at delivering memorable and connected travel experiences. Sextant
Stays' approach bridges the gap between traditional hotels and
inconsistent vacation rentals, catering to modern travelers seeking
comfort, reliability, and style.
Sextant Stays sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15908) on May 27,
2025, listing $5,033,274 in assets and $15,895,759 in liabilities.
Andreas King-Geovanis, chief executive officer of Sextant Stays,
signed the petition.
Judge Robert A. Mark oversees the case.
Brett Lieberman, Esq., at Edelboim Lieberman, PLLC represents the
Debtor as legal counsel.
SMITH ENVIRONMENTAL: To Sell Trucks to AutoNation Dodge for $97K
----------------------------------------------------------------
Smith Environmental and Engineering, Inc., seeks approval from the
U.S. Bankruptcy Court for the District of Colorado, to sell certain
property free and clear of liens, claims, and encumbrances.
The Debtor's properties are comprised of several vehicles
including:
a. 2018 Dodge Ram 3500 pickup truck; VIN: 3C7WRTCL5JG139323 with a
proposed sale price of $20,000.00;
b. 2022 Dodge Ram 3500 pickup truck; VIN: 3C63R3GL6NG277055 with a
proposed sale price of $38,000.00;
c. 2022 Dodge Ram 3500 pickup truck; VIN: 3C63R3GL2NG277053 with a
proposed sale price of $39,000.00; and
d. 2022 Toyota Tacoma Pickup truck, VIN:3TYSZ5AN6NT081584 with a
proposed sale price of $25,000.00).
Ascentium Capital, LLC is listed as the lienholder on the
Certificates of Title on file with the Colorado Department of
Revenue.
AutoNation Dodge Ram, doing business at 7455 Austin Bluffs Pkwy,
Colorado Springs, CO 80923, has agreed to purchase the Trucks and
satisfy the liens held by Ascentium, and provide the Debtor with a
2023 Hyundai Santa Fe worth approximately $19,999.00.
The Debtor believes that the sale of the Trucks will generate
proceeds for the benefit of Ascentium and provide the estate with a
more affordable vehicle without any liens or secured debt against
such vehicle.
AutoNation Dodge is willing to provide the estate with a 2023
Hyundai Santa Fe worth approximately $19,999.00 in exchange for
AutoNation Dodge purchasing the Trucks and paying off the liens
against the Trucks.
The proposed sale price of $97,000.00 reflects the fair market
value of the Trucks. After satisfaction of approximately $82,000.00
in liens, the remaining equity of approximately $15,000.00 will be
applied toward the acquisition of the Sedan.
The Debtor requests authorization to sell the Vehicles free and
clear of any interest in such property of an entity other than the
estate.
About Smith Environmental and Engineering
Smith Environmental and Engineering, Inc. is a woman-owned
consulting firm that provides comprehensive environmental
services,
specializing in ecological sciences, environmental engineering,
and
construction. With over 24 years of experience, the company offers
tailored solutions for environmental management, hazardous
materials, and cultural resource projects across various
industries.
Smith Environmental and Engineering sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Colo. Case
No. 25-11042) on February 28, 2025. In its petition, the Debtor
reported total assets of $1,486,401 and total liabilities of
$2,975,603.
Judge Michael E. Romero handles the case.
The Debtor is represented by David Warner, Esq.
SNOWSHOE MILLWORKS: Manager Loses Bid to Dismiss Bankruptcy Case
----------------------------------------------------------------
In the appeal styled SHEILA COFFIN HARSHMAN, Appellant, v. STAGE
POINT FUND, LLC, Appellee, Case No. 24-cv-12894-FDS (D. Mass.),
Chief Judge F. Dennis Saylor IV of the United States District Court
for the District of Massachusetts affirmed the order of the United
States Bankruptcy Court for the District of Massachusetts denying
appellant's motion to dismiss the bankruptcy case of Snowshoe
Millworks, LLC under Sec. 707(b).
This is an appeal of an order of the Bankruptcy Court in the
bankruptcy of Snowshoe Millworks, LLC. Appellant Sheila Coffin
Harshman seeks review of the denial of her Amended Motion to
Dismiss for Breach of Contract and Defraud Upon the Court That Do
Lead to Violation of G.L. Sec. 49 Criminal Usury. Appellant is the
debtor's manager and sole member. She is proceeding pro se. Stage
Point Fund, LLC, the appellee, is a secured creditor of the debtor.
Steven Weiss, the debtor's Chapter 7 Trustee, has intervened in the
appeal.
Appellant challenges the Bankruptcy Court's denial of her motion to
dismiss the bankruptcy under sec. 707(b) of the Bankruptcy Code.
She argues that dismissal is warranted because of alleged failures
on the part of the Chapter 7 trustee, and because Stage Point
breached contracts made between it and the debtor.
Appellant, as debtor's sole manager, filed for bankruptcy on its
behalf, seeking to obtain a discharge of its debts, including its
debts to appellee Stage Point Fund. She then, as the debtor's sole
equity holder, failed to object to all but one of the intermediate
approvals the Bankruptcy Court issued while overseeing the
liquidation of the debtor's assets, the District Court recounts.
Subject to the orders of the Bankruptcy Court, the properties
formerly owned by the debtor were sold to good-faith-purchasers.
Appellant did not appear at any hearings concerning those actions,
and she did not appeal them. Instead, she filed a motion to dismiss
that, in substance, challenged the validity of those actions
approved by the Bankruptcy Court.
According to the District Court, challenges to the trustee's
approved conduct and to the validity of the debts owed to Stage
Point are not adequate grounds for Sec. 707(b) dismissal.
Appellant's allegations, and the excerpts from the record contained
in the appellee's appendix, fail to establish that the debtor is
abusing the bankruptcy process, the District Court concludes.
A copy of the Court's Order dated July 2, 2025, is available at
https://urlcurt.com/u?l=54mlIA from PacerMonitor.com.
About Snowshoe Millowrks, LLC
Snowshoe Milworks, LLC, is a Massachusetts limited liability
company formed in 2018.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Mass. Case No. 23-10887) on June 5,
2023, with $1 million to $10 million in both assets and
liabilities. Sheila Coffin Harshman, sole manager and member,
signed the petition.
Judge Janet E. Bostwick oversees the case.
The Debtor tapped Adam Ruttenberg, Esq., at Beacon Law Group, LLC,
as bankruptcy counsel and Cheryl L. Dukeman, Esq., at Coast to
Coast Closings as special counsel.
The case was converted to Chapter 7 on January 30, 2024. Steven
Weiss is the Chapter 7 trustee.
SOLIGENIX INC: Shareholders OK All Proposals at 2025 Annual Meeting
-------------------------------------------------------------------
Soligenix, Inc. held its 2025 annual meeting of stockholders during
which the following items were voted upon:
Proposal 1 - Election of Directors:
The following five nominees were elected as directors to serve
until the 2025 Annual Meeting of Stockholders by votes as follows:
1. Christopher J. Schaber, PhD
* Votes For: 330,950
* Votes Withheld: 33,545
2. Gregg A. Lapointe, CPA, MBA
* Votes For: 332,492
* Votes Withheld: 32,003
3. Diane L. Parks, MBA
* Votes For: 331,054
* Votes Withheld: 33,441
4. Robert J. Rubin, MD
* Votes For: 331,046
* Votes Withheld: 33,449
5. Jerome B. Zeldis, MD, PhD
* Votes For: 329,054
* Votes Withheld: 35,441
There were 1,168,832 broker non-votes in the election of
directors.
Proposal 2 – 2025 Equity Incentive Plan:
The proposal to approve the 2025 Equity Incentive Plan was
approved, and the votes were as follows:
* Votes For: 215,332
* Votes Against: 91,937
* Votes Abstain: 57,226
Proposal 3 – Non-Binding Advisory Vote on Executive
Compensation:
The proposal to approve, by a non-binding advisory vote, the
compensation of the Company's named executive officers as disclosed
in the Company's 2025 proxy statement was approved, and the votes
were as follows:
* Votes For: 303,633
* Votes Against: 53,830
* Votes Abstain: 7,032
There were 1,168,832 broker non-votes on this proposal.
Proposal 4 – Ratification of Auditors:
The proposal to ratify the appointment of Cherry Bekaert, LLP as
the independent registered public accounting firm of the Company
for the fiscal year ending December 31, 2025 was approved by votes
as follows:
* Votes For: 1,476,465
* Votes Against: 54,474
* Votes Abstain: 2,388
There were no broker non-votes on this proposal.
Proposal 5 – Adjournment Proposal:
The proposal to approve an adjournment of the Annual Meeting, in
whole or in part as to any particular proposal(s), to a later date
or dates, if necessary, to permit further solicitation of proxies
in the event there are no sufficient shares voted to constitute a
quorum or votes in favor of a particular proposal for approval, was
approved, and the votes were as follows:
* Votes For: 1,227,450
* Votes Against: 295,013
* Votes Abstain: 10,864
There were no broker non-votes on this proposal.
About Soligenix
Headquartered in Princeton, N.J., Soligenix, Inc., is a late-stage
biopharmaceutical company focused on developing and commercializing
products to treat rare diseases where there is an unmet medical
need. The Company maintains two active business segments:
Specialized BioTherapeutics and Public Health Solutions. Its
Specialized BioTherapeutics business segment is focused on the
development and potential commercialization of HyBryte (the
proposed proprietary name for SGX301, or synthetic hypericin
sodium), a novel photodynamic therapy ("PDT") that uses topical
synthetic hypericin activated by safe visible light for the
treatment of cutaneous T-cell lymphoma. The Company's Public
Health Solutions business segment includes development programs for
RiVax, a ricin toxin vaccine candidate, SGX943, a therapeutic
candidate for antibiotic-resistant and emerging infectious
diseases, and vaccine programs targeting filoviruses (such as
Marburg and Ebola), as well as CiVax, a vaccine candidate for the
prevention of COVID-19 (caused by SARS CoV-2).
In its report dated March 21, 2025, Cherry Bekaert LLP, the
Company's auditor since 2023, issued a "going concern"
qualification, attached to the Company Annual Report on Form 10-K
for the year ended December 31, 2024, stating that the Company's
recurring losses and negative cash flows from operations raise
substantial doubt about its ability to continue as a going concern.
SOUTH TEXAS CORRAL: Catherine Curtis Named Subchapter V Trustee
---------------------------------------------------------------
The U.S. Trustee for Region 7 appointed Catherine Curtis as
Subchapter V trustee for South Texas Corral, LLC.
Ms. Curtis will be paid an hourly fee of $450 for her services as
Subchapter V trustee, an hourly fee of $100 for staff working under
her direct supervision and will be reimbursed for work related
expenses incurred.
Ms. Curtis declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Catherine Stone Curtis
MCGINNIS LOCHRIDGE
P.O. Box 720788
McAllen, TX 78504
Ph: (956) 489-5958
Fax: (956) 331-2304
Email: ccurtis@mcginnislaw.com
About South Texas Corral LLC
Established in 2014, South Texas Corral, LLC operates a Golden
Corral buffet restaurant franchise in Brownsville, Texas. It offers
dine-in and takeout services featuring a wide variety of food
options including breakfast, lunch, and dinner buffets.
South Texas Corral filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Texas Case No. 25-10113) on
June 17, 2025, listing $149,674 in assets and $1,636,260 in
liabilities. Gaspar Hernandez, president of South Texas Corral,
signed the petition.
Judge Eduardo V Rodriguez oversees the case.
Robert C. Lane, Esq., and Kyle K. Garza, Esq., at The Lane Law
Firm, PLLC, represent the Debtor as legal counsel.
SPARTAN AUTOMOTIVE: Case Summary & 13 Unsecured Creditors
---------------------------------------------------------
Debtor: Spartan Automotive Technology Group Corporation
f/k/a Spartan Automotive Technology Providers, Inc.
6622 South Southpoint Drive
Suite # 370
Jacksonville, FL 32216
Business Description: Spartan Automotive Technology Group
Corporation provides technology solutions
for automotive, RV, and powersports
dealerships. Its offerings include GPS-
based vehicle recovery, inventory tracking,
and tools aimed at improving revenue,
operational efficiency, and customer
retention. The Company combines industry
expertise with a focus on simplicity and
customer support, delivering its products
across the automotive retail sector from its
base in Jacksonville, Florida.
Chapter 11 Petition Date: July 4, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-02254
Judge: Hon. Jacob A Brown
Debtor's Counsel: Rehan N. Khawaja, Esq.
BANKRUPTCY LAW OFFICES OF REHAN N. KHAWAJA
817 North Main Street
Jacksonville, FL 32202
Tel: (904) 355-8055
Fax: (904) 355-8058
E-mail: khawaja@fla-bankruptcy.com
Total Assets: $605,261
Total Liabilities: $16,941,884
The petition was signed by Lawrence A. Jones as
director/president.
A full-text copy of the petition, which includes a list of the
Debtor's 13 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/HCP7WSI/Spartan_Automotive_Technology__flmbke-25-02254__0001.0.pdf?mcid=tGE4TAMA
STATE OF FLUX: Section 341(a) Meeting of Creditors on August 4
--------------------------------------------------------------
On July 7, 2025, State of Flux Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Northern District of California.
According to court filing, the Debtor reports between $100,000 and
$500,000 in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on August 4,
2025 at 01:00 PM via UST Teleconference, Call in number/URL:
1-877-991-8832 Passcode: 4101242.
About State of Flux Inc.
State of Flux Inc., formerly doing business as Haze Apparel, is a
San Francisco-based retail business likely operating in the apparel
industry.
State of Flux Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-30541) on July 7,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $100,000 and $500,000.
The Debtors are represented by Ryan C. Wood, Esq. at Law Offices Of
Ryan C. Wood, Inc.
SVB FINANCIAL: Bankruptcy Court Won't Hear Trademark Rift
---------------------------------------------------------
Chief Judge Martin Glenn of the United States Bankruptcy Court for
the Southern District of New York granted SVB Financial Group and
SVB Financial Trust's motion to dismiss the adversary proceeding
captioned as FIRST CITIZENS BANK & TRUST COMPANY, Plaintiff, v. SVB
FINANCIAL GROUP and SVB FINANCIAL TRUST, Defendants, Adv. Case No.
25-01044 (Bankr. S.D.N.Y.). The case is dismissed with prejudice.
FCB commenced this adversary proceeding against Financial Trust and
Financial Group on March 25, 2025. It maintains that this Court is
the only one which can resolve the dispute about ownership of
estate property.
FCB brings a single count under the Declaratory Judgment Act, 28
U.S.C. Sec. 2201 et seq., seeking a judgment that:
(1) FCB owns each of the SVB intellectual property assets
(including but not limited to the SVB Trademarks and goodwill
thereto) described in this Complaint and listed in Exhibits 2-4,
and neither SVBFG nor the Trust has any interest in the SVB IP
assets;
(2) in the alternative, to the extent there is any SVB IP that
FCB does not own, FCB acquired and now owns, at minimum, a paid-up,
perpetual, exclusive (as to banking services and products), and
irrevocable license to use that SVB IP and has no liability to any
person in connection with its past and future use of the SVB IP;
and
(3) neither Financial Group and its bankruptcy estate nor the
Trust has any interest in the SVB IP assets, and to the extent they
did in any form or title, all such rights were abandoned.
FCB also requests that the Court order Financial Group and the
Trust to deliver the SVB IP assets to FCB to the extent not already
in FCB's possession and control, and to timely take all steps
necessary, and to timely execute all documents presented by FCB, to
correct the formal registrations for the SVB IP, including in the
PTO, to assign all such rights to FCB.
Prior to the Chapter 11 filing, SVB operated as a commercial bank
and used certain intellectual property, including "SVB Trademarks",
allegedly without oversight, input, or restriction from Financial
Group. Records from the United States Patent and Trademark Office
show that the SVB Trademarks are registered to Financial Group.
However, FCB alleges on information and belief that SVB, not
Financial Group, made all decisions and took all actions with
respect to the Trademarks. FCB claims that Financial Group's only
involvement with the SVB Trademarks, as a matter of corporate
practice, was to be administratively listed as the registrant
whenever SVB chose, in its judgment, to register a trademark for
the bank.
Financial Group was the parent company of Silicon Valley Bank
before SVB was placed in receivership and before Financial Group
filed for bankruptcy. SVB collapsed in early March of 2023. On
March 10, 2023, the California Department of Financial Protection
and Innovation closed SVB and appointed the FDIC as its receiver,
which later sold the bank's assets to FCB.
Financial Trust argues that this Court does not have exclusive
jurisdiction over the dispute and thus can exercise its discretion
over whether to hear this case. It requests that this Court
exercise its discretion to decline to adjudicate this matter on two
grounds:
(1) pursuant to 28 U.S.C. Sec. 1334(c)(1), which provides that a
court should abstain from hearing a particular proceeding arising
under title 11 or arising in or related to a case under the
Bankruptcy Code when doing so is in the interest of justice; and
(2) under the Declaratory Judgment Act, under which courts have
broad discretion to refuse to exercise jurisdiction over a
declaratory action that they would otherwise be empowered to hear.
Financial Trust also argues that it, in part, seeks relief in the
California action -- e.g., damages from FCB for unauthorized use of
the Trust's IP rights -- that the bankruptcy court does not have
jurisdiction to award.
FCB initiated this action in this Court on the basis of paragraph
151 of the Confirmation Order, which preserves FCB's ability to
assert and protect its purported rights in the SVB IP. But
according to SVBFT, that paragraph merely preserves FCB's rights,
but does not require this Court to adjudicate any IP dispute.
According to Judge Glenn, "FCB's argument that section 1334(e)
gives this Court exclusive jurisdiction over the dispute is
incorrect. SVBFG's chapter 11 Plan has been confirmed, and the
estate was destroyed as of the Plan effectiveness date which has
now passed. Combined with the fact that [Financial Group's] Plan
assigned every relevant asset (including causes of action or
defenses against FCB) to [the Trust], there is no more relevant
property of the estate to which section 1334(e) could apply and
over which this Court could exercise exclusive in rem
jurisdiction."
He adds, "No Plan provision provides that this Court has exclusive
jurisdiction over any cause of action. It merely provides that the
Court will retain the jurisdiction that existed at the time of plan
confirmation over various matters, including resolution of Retained
Causes of Action. There is no mention of exclusive jurisdiction,
nor of section 1334(e). Moreover, since FCB requests as relief a
declaration of non-liability, it relies upon an exercise of this
Court's in personam jurisdiction, moving this case outside the
realm of its purely in rem jurisdiction."
The Court concludes it has nonexclusive jurisdiction over this
case.
A copy of the Court's Opinion and Order dated June 25, 2025, is
available at https://urlcurt.com/u?l=u4HK2T from PacerMonitor.com.
Counsel for SVB Financial Group and SVB Financial Trust:
James L. Bromley, Esq.
Marc De Leeuw, Esq.
Christian P. Jensen, Esq.
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, NY 10004-2498
E-mail: bromleyj@sullcrom.com
deleeuwm@sullcrom.com
Counsel for First-Citizens Bank & Trust Company:
Kelsey I. Nix, Esq.
Michael W. Mitchell, Esq.
C. Michael Anderson, Esq.
SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, LLP
150 Fayetteville Street
Raleigh, NC 27601
E-mail: knix@smithlaw.com
mmitchell@smithlaw.com
manderson@smithlaw.com
Counsel for First-Citizens Bank & Trust Company:
Andrew W.J. Tarr, Esq.
ROBINSON, BRADSHAW & HINSON, P.A.
600 S. Tryon Street, Suite 2300
Charlotte, NC 28202
E-mail: atarr@robinsonbradshaw.com
About SVB Financial Group
SVB Financial Group (Pink Sheets: SIVBQ) is a financial services
company focusing on the innovation economy, offering financial
products and services to clients across the United States and in
key international markets.
Prior to March 10, 2023, SVB Financial Group owned and operated
Silicon Valley Bank, a state chartered bank. During the week of
March 6, 2023, Silicon Valley Bank, Santa Clara, CA, experienced a
severe "run-on-the-bank." On the morning of March 10, the
California Department of Financial Protection and Innovation seized
SVB and placed it under the receivership of the Federal Deposit
Insurance Corporation. SVB was the nation's 16th largest bank and
the biggest to fail since the 2008 financial meltdown.
On March 17, 2023, SVB Financial Group sought Chapter 11 bankruptcy
protection (Bankr. S.D.N.Y. Case No. 23-10367). The Debtor had
assets of $19,679,000,000 and liabilities of $3,675,000,000 as of
Dec. 31, 2022.
The Hon. Martin Glenn is the bankruptcy judge.
The Debtor tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Centerview Partners, LLC as investment banker; and Alvarez & Marsal
North America, LLC as restructuring advisor. William Kosturos, a
partner at Alvarez & Marsal, serves as the Debtor's chief
restructuring officer. Kroll Restructuring Administration, LLC, is
the claims and noticing agent and administrative advisor.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
The committee tapped Akin Gump Strauss Hauer & Feld, LLP as
bankruptcy counsel; Cole Schotz P.C. as conflict counsel; Lazard
Freres & Co. LLC as investment banker; and Berkeley Research Group,
LLC as financial advisor.
SWAN PIZZA: Unsecured Creditors to Split $23,600 over 3 Years
-------------------------------------------------------------
Swan Pizza, Inc., submitted a Fourth Amended Plan of Reorganization
for Small Business dated June 18, 2025.
The Debtor is a Florida for profit corporation created by articles
of incorporation filed with the Florida Secretary of State on
November 20, 2015. The Debtor is a pick/delivery pizza restaurant
located in Port Orange, Florida.
The Debtor's principal place of business is located at 2841 S. Nova
Rd., #12, South Daytona, FL, 32119 (the "Premises"), which the
Debtor leases from NOVA FOUNTAIN BUSINESS PARK, LLC ("Landlord").
This Plan provides for 2 class of secured claims, 1 class of
unsecured claims; and 1 class of equity security holders.
The Debtor's projected disposable income is $23,522.12.
Class 3 consists of the Allowed Unsecured Claims against the
Debtor. This Class is Impaired.
* Consensual Plan Treatment: The liquidation value or amount
that unsecured creditors would receive in a hypothetical chapter 7
case is approximately $0.00. Accordingly, the Debtor proposes to
pay unsecured creditors a pro rata portion of $23,600.00. The
Reorganized Debtor shall pay said amount in equal quarterly
payments of $1,966.66 and shall be disbursed pro rata to the
holders of Allowed General Unsecured Claims. Payments shall
commence on the fifteenth day of the month, on the first month that
begins more than fourteen days after the Effective Date and shall
continue quarterly for eleven additional quarters. Pursuant to
Section 1191 of the Bankruptcy Code, the value to be distributed to
unsecured creditors is greater than the Debtor's projected
disposable income to be received in the 3-year period beginning on
the date that the first payment is due under the plan. Holders of
Class General Unsecured Claims shall be paid directly by the
Debtor.
* Nonconsensual Plan Treatment: The liquidation value or
amount that unsecured creditors would receive in a hypothetical
chapter 7 case is approximately $0.00. Accordingly, Debtor proposes
to pay unsecured creditors a pro rata portion of its projected
Disposable Income, $23,522.12. If the Debtor remains in possession,
plan payments shall include the Subchapter V Trustee's
administrative fee which will be billed hourly at the Subchapter V
Trustee's then current allowable blended rate. Plan Payments shall
commence on the first month following the Effective Date, and shall
continue quarterly for eleven additional quarters. The quarterly
payment for the first four quarters shall be $1,357.50. The
quarterly payments for the second four quarters shall be $2,261.50.
The quarterly payments for the final four quarters shall be
$2,261.53. Holders of Class 3 claims shall be paid directly by the
Debtor.
Except as explicitly set forth in this Plan, all cash in excess of
operating expenses generated from operation until the Effective
Date will be used for Plan Payments or Plan implementation, cash on
hand as of Confirmation shall be available for Administrative
Expenses.
A full-text copy of the Fourth Amended Plan dated June 18, 2025 is
available at https://urlcurt.com/u?l=e0qiRj from PacerMonitor.com
at no charge.
Counsel for the Debtor:
Jeffrey S. Ainsworth, Esq.
Cole Bailey Davidson Branson, Esq.
BransonLaw, PLLC
1501 East Concord Street
Orlando, Florida 32803
Telephone: (407) 894-6834
Facsimile: (407) 894-8559
E-mail: jeff@bransonlaw.com
E-mail: cole@bransonlaw.com
About Swan Pizza
Swan Pizza, Inc., is a pick/delivery pizza restaurant located in
Port Orange, Florida.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-03735) on July 22,
2024, with up to $50,000 in assets and up to $500,000 in
liabilities.
Judge Tiffany P. Geyer presides over the case.
Robert H. Zipperer, Esq., is the Debtor's legal counsel.
T&S FOOD: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------
The U.S. Trustee for Region 3 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of T&S Food Services II, LLC.
About T&S Food Services II
T&S Food Services II LLC operates franchise locations of national
restaurant brands, including Starbucks and Denny's.
T&S Food Services II sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11178) on June 19,
2025. In its petition, the Debtor reported estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Judge Thomas M. Horan handles the case.
The Debtor is represented by Karen M. Grivner, Esq., at Clark Hill.
Reliable Companies doing business as Reliable is the Debtor's
claims and noticing agent.
TERRAFORM POWER: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
-----------------------------------------------------------------
Fitch Ratings has affirmed TerraForm Power Operating, LLC's (TERPO)
Long-Term Issuer Default Rating (IDR) at 'BB-'. The Rating Outlook
is Stable. Fitch has also affirmed the senior secured Term Loan B
and senior unsecured ratings at 'BB+' with a Recovery Rating of
'RR2' and 'BB-'/'RR4', respectively.
The ratings and Outlook reflect TERPO's highly contracted,
diversified portfolio of renewable assets, which supports stable
long-term cash flows. The recent Sun Tribe acquisition adds a
pipeline of development opportunities and marks a shift in
management strategy. Fitch expects that new development activities
will be modest in size relative to the operating portfolio and will
be managed in a credit-neutral manner. Fitch calculates TERPO's
credit metrics on a deconsolidated basis due to the nonrecourse
financing of its operating assets, and projects holdco-only funds
from operations (FFO) leverage to return to the mid-5.0x range over
the forecast period.
Key Rating Drivers
Development Portfolio Acquisition: On May 13, 2025, TERPO completed
the acquisition of Sun Tribe Development, a midsized utility-scale
solar and storage developer in Virginia, primarily using cash on
hand. The acquisition adds approximately 3.9GW of solar and 1GW of
storage greenfield projects in the U.S. The acquisition is expected
to provide TERPO with an opportunity to reinvest cash, extend the
life of its portfolio and increase its weighted average contract
life.
Fitch expects TERPO to modestly scale the new development
opportunities in the near term and to remain predominately an
operating company over the forecast period. TERPO has existing
development and procurement capabilities, internally and via its
relationship with Brookfield Corporation. Nonetheless, the
acquisition is a departure from its previous business strategy of
an operating-only portfolio and adds execution risk. Fitch expects
that as projects enter advanced stages, power purchase agreement
(PPA) prices will be set after the resolution of tariff and tax
policies and the signing of requisite engineering, procurement and
construction (EPC) contracts.
Highly Contracted Portfolio: TERPO owns and operates approximately
3.3GW of diversified wind, solar and battery storage assets.
Approximately 97% of its cash flows are rate regulated or derived
from long-term contracts, with over 86% of off-takers being
investment grade or exhibiting investment-grade characteristics.
The average remaining life of TERPO's power purchase contracts is
10 years. Following the sale of its Saeta assets in Spain, 86% of
the company's generation capacity is now U.S.-based, with the
remainder located in Spain, Chile and the United Kingdom.
The operating fleet consists of 51% wind and 49% solar assets.
While wind assets generally exhibit higher resource variability,
Fitch considers geographic diversification to be a partially
mitigating factor, reducing the risk of weaker wind resources in
any single region.
Saeta Asset Divestiture: TERPO completed its sale of a portfolio of
63MW of solar assets, 682MW of wind assets, and a development
pipeline of 1.6GW in Spain and Portugal through the divestment of
Saeta Yield, a Spanish independent renewable energy developer, for
approximately $741 million. The sale proceeds were used to repay
most of the outstanding balance on the revolving credit facility
and partially repay the existing Term Loan B. Following the
transaction, TERPO retained 350MW of concentrated solar power
assets in Spain. Fitch views the transaction as credit neutral as
the forgone CFAD from the Saeta assets is offset by deleveraging at
the holdco level.
Disciplined Portfolio Management: Despite the new asset development
pipeline, TERPO will remain an operating company. Projects and
growth initiatives will be financed through nonrecourse project
level debt, structured with investment-grade metrics and fully
amortized over project life, and retained distributions.
Development risk is largely mitigated through EPC contract
finalization prior to locking in PPA prices.
Modest Organic Project Pipeline: In 2024, TERPO completed the
inverter replacement project at the Mount Signal solar farm and
repowered the Bishop Hill wind assets, which are expected to add
$14 million each in annual cash flows. Within distributed
generation, the company optimized 50MW of assets to target
performance. TERPO remains focused on organic growth, including
1.5GW of repowering and co-location of solar and wind assets.
Stable Credit Metrics: Fitch calculates TERPO's credit metrics on a
deconsolidated basis, reflecting the nonrecourse nature of
project-level debt. Adjusting for Saeta asset sale proceeds,
TERPO's holdco-only FFO leverage ratio was approximately 6.0x in
2024. Fitch expects holdco-only FFO leverage to remain elevated in
2025 but return to the mid-5.0x range in subsequent years.
Management targets net holdco-FFO leverage of 5.0x which includes
non-contractual project refinancing proceeds. Fitch does not
include this cash in its calculation of CFADs.
Private Ownership: Private ownership by Brookfield Renewable
Partners and Brookfield affiliates is beneficial as compared to a
publicly held renewable generation companies. With private
ownership, the pressure for aggressive growth targets in
distribution, administrative costs associated with a publicly
listed company and the need to pay management fees are all removed.
However, private ownership is usually less transparent.
Parent-Subsidiary Linkage: Fitch rates TERPO on a standalone basis.
Consistent with Fitch's approach toward Brookfield affiliates,
Fitch views Brookfield as a financial investor and does not apply
the parent-subsidiary linkage.
Peer Analysis
TERPO's ratings are assigned based on a deconsolidated approach.
TERPO's subsidiaries are project subsidiaries that are largely
funded by nonrecourse debt. Fitch applies a similar approach to
Pattern Energy Operations, LP (PEO; BB-/Stable) and Leeward
Renewable Energy Operations, LLC (LREO; BB-/Stable), both of which
own and operate portfolios of nonrecourse projects.
Following the sale of Saeta, PEO is larger than TERPO and LREO in
terms of generation capacity. TERPO's renewable portfolio benefits
from a large proportion of solar generation assets (49%) that
exhibit less resource variability. In comparison, PEO and LREO
operate majority wind generation assets. TERPO's long-term
contracted fleet has an average remaining contract life of 10
years, lower than PEO's and LREO's 11 years. Fitch views PEO's and
LREO's 100% geographic exposure in North America as favorable when
compared to TERPO's 86%.
TERPO's favorable asset mix is offset by its relatively weaker
credit metrics compared to PEO and LREO. Fitch forecasts TERPO's
holdco-only FFO leverage to be in the mid-5.0x range through
2026-2028, while PEO's is expected to be in the low 4x range in
2025, with further improvement following the SunZia project
dropdown, and LREO's to average around 3.3x from 2024-2026.
Like PEO and LREO, TERPO has been taken private and is no longer
subject to public growth targets, and also has a moderate and
relatively stable growth strategy. Strong private sponsors provide
a more predictable funding source and remove capital market
uncertainties. Furthermore, TERPO benefits from its affiliation
with Brookfield Corporation (A-/Stable).
Key Assumptions
- Execution of 600MW of repowering and 800MW of development
opportunities through 2028;
- Project-level debt amortization of around $300 million over the
next four years;
- Holdco interest rate assumed at 5.7%.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Holdco-only FFO leverage above 6.0x on a sustainable basis;
- Underperformance in project assets that lends material
variability or a shortfall to expected project distributions on a
sustained basis and without a clear path to recovery;
- Aggressive growth strategy leading to change or deviation from
stated financial policies.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Holdco-only FFO leverage below 5.0x on a sustainable basis;
- A record of a conservative and consistent approach in executing
the business plan from a credit perspective.
Liquidity and Debt Structure
Fitch considers TERPO's liquidity to be adequate, with
approximately $560 million in available corporate liquidity as of
March 31, 2025. This includes $358 million from the revolving
credit facility and $202 million of unrestricted corporate and
project-level distributable cash. In addition, TERPO has access to
$90 million in other project-level restricted and unrestricted
cash. The company stated that it used available cash on hand to
acquire Sun Tribe in May 2025 for an undisclosed amount.
Proceeds from the 2024 sale of Saeta Yield were used to repay over
$100 million of the revolving credit facility and approximately
$122.5 million of the existing Term Loan B. Subsequently, TERPO
refinanced the term loan with a total principal amount of $325
million, reducing the applicable margin by 60 bps, inclusive of a
10 bp credit spread adjustment.
Issuer Profile
TERPO owns and operates approximately 3.3GW of diversified wind and
solar assets predominantly in the U.S., Europe and Canada.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
TerraForm Power
Operating, LLC LT IDR BB- Affirmed BB-
senior unsecured LT BB- Affirmed RR4 BB-
senior secured LT BB+ Affirmed RR2 BB+
THE LINDEN: Sullivan to Hold Foreclosure Auction on August 13
-------------------------------------------------------------
Sullivan & Sullivan Auctioneers LLC will hold an on-site
foreclosure auction on Aug. 13, 2025, at 12:00 p.m., at 189-197
Gardner Street, West Roxbury, Massachusetts, to sell a 70-unit
apartment complex known as The Linden.
A deposit of $1.5 million must be paid into escrow no later than
Aug. 12, 2025, at 12:00 p.m., in order to qualify as a bidder for
the auction. An additional deposit to bring total deposit up to
10% purchase price will be due 3 business days & the balance will
be due with 30 days of the auction.
To receive the property prospectus and auction information, contact
the auctioneer's office by emailing info@sullivan-auctioneers.com
or call (617) 350-7700.
TILSON TECHNOLOGY: Gets Court Okay for $37.5MM DIP Financing
------------------------------------------------------------
Jim Silver of Bloomberg News reports that Tilson Technology
Management has received final court approval to access up to $37.5
million in additional debtor-in-possession financing to support its
operations during its Chapter 11 proceedings.
The financing, provided by a syndicate of lenders led by Bank of
America, will help the company maintain business continuity
throughout the restructuring process, the report states.
About Tilson Technology Management Inc.
Tilson Technology Management Inc. is a telecommunications
infrastructure construction and technology management firm based in
Portland, Maine, specializes in building and managing
telecommunications infrastructure projects across the United
States. The company works with various construction, technology,
and service providers to deploy telecommunications networks.
Tilson Technology Management Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10949) on May
29, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
The Debtor is represented by Evan T. Miller, Esq. at Saul Ewing
LLP.
TREESAP FARMS: Gets Court Okay for Chapter 11 Liquidation Plan
--------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that a Texas
bankruptcy judge on Tuesday, July 8, 2025, granted final approval
to TreeSap Farms' liquidation plan, following a global settlement
reached among the debtor, its unsecured creditors' committee, and
prepetition lenders.
About Treesap Farms
TreeSap Farms LLC is a leading supplier of trees and plants to home
improvement retailers.
TreeSap Farms LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90021) on February
24, 2025. In its petition, the Debtor disclosed estimated assets
and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor tapped McKool Smith, Esq., as counsel and Donlin, Recano
& Company, LLC as claims, noticing and solicitation agent.
TRINITY LEGACY: Court Dismisses Chapter 11 Bankruptcy Case
----------------------------------------------------------
Judge Robert H. Jacobvitz of the United States Bankruptcy Court for
the District of New Mexico dismissed Trinity Legacy Consortium,
LLC's chapter 11 bankruptcy case.
The UST filed a motion requesting the Court to dismiss or convert
this chapter 11 case to chapter 7 under 11 U.S.C. Sec. 1112(b)
based on gross mismanagement of the estate, failure to satisfy
reporting requirements, and failure to timely confirm a plan of
reorganization.
After holding a two-day evidentiary hearing, with a continuation of
the hearing scheduled for July 1, 2025, the Debtor conceded that
"cause" exists to dismiss or convert this chapter 11 case and
consented to the dismissal of this bankruptcy case. The UST agrees
to dismissal, and other administrative expense claimants prefer
dismissal over conversion.
At a status conference held May 1, 2023, the Debtor and several
creditors agreed to participate in mediations in the hope that
Debtor would be able to file a consensual subchapter V plan instead
of converting the case to chapter 7.
The Court entered a mediation order on the same day appointing the
Honorable David T. Thuma as mediator. The following creditors
participated in the mediations: Levi and Jennifer Harmon, Mark and
Shawn Johnston, Michael and Diane Sackett, Joseph Nance, Teresa
Porter, Mark Applebaum, Virginia Squier, and Chambers Squier,
Enercept, Inc., and Builders FirstSource. The first mediation
sessions resulted in settlements between the Debtor’s principals,
Jacob Swift and Jan Swift, and the following: 1) the Harmons; 2)
Mr. Applebaum; 3) Joseph Nance and Theresa Porter; and 4) Chambers
Squier-Okonzak and Wesley Okonzak. Those settlements had the effect
of eliminating or substantially reducing the claims of Builders
FirstSource and Enercept, Inc. against the estate.
Debtor filed two adversary proceedings, and removed one state court
action to the Bankruptcy Court, initiating a third adversary
proceeding:
1) Adversary Proceeding No. 23-1027-j ("Declaratory Judgment
Action" seeking declaratory judgment against the following
customers: Mark Applebaum, Levi and Jennifer Harmon, Joseph Nance,
Theresa Porter, Michael and Dianne Sackett, and
Mark and Shawn Johnston);
2) Adversary Proceeding No. 24-1020-j (the "Removed State Court
Action"); and
3) Adversary Proceeding No. 25-1019-j ("Maggi Action" asserting
claims against Robert and Heather Maggi for breach of contract,
quantum meruit, account stated, false reporting of a crime,
negligence per se, intentional interference with contractual
relations, intentional interference with prospective
business/advance contractual relations, defamation perse, abuse of
process, and extreme and outrageous conduct).
Debtor reached a settlement with the following Defendants named in
the Declaratory Judgment Action: Mark Applebaum, Levi Harmon and
Jennifer Harmon, Joseph Nance and Theresa Porter as part of a
court-ordered mediation. The Sacketts’ claim was disallowed. The
Johnstons filed an unsecured claim in the amount of $2,833,499.62,
of which $6,700.00 is claimed as a priority claim. Through
mediation, the Debtor ultimately settled the Johnstons' claim for
$125,000, payable by the Debtor's principals, Jan Swift and Jacob
Swift.
After obtaining several extensions, Debtor filed its first
Subchapter V Plan on Oct. 23, 2023. Debtor filed a first amended
Subchapter V plan on Nov. 8, 2023. Since then, Debtor has further
amended its plan four times. The latest plan is Debtor’s Fifth
Amended Chapter 11 Subchapter V Plan, Dated Feb. 28, 2025.
According to Judge Jacobvitz, "Debtor has not confirmed a plan.
Consequently, there are no rights under a confirmed plan at risk if
the case is dismissed or converted. Several of the settlements with
Debtor’s creditors provide for payment by the Swifts rather by
the Debtor. Those settlements may have already been funded. For
those creditors dismissal or conversion makes no difference.
However, if the case is converted to chapter 7, Debtor’s business
will cease, and so too will the prospect for payment of unpaid
administrative and unsecured claims from any ongoing business
operations. On the other hand, if the case is dismissed, the Debtor
may decide to continue with its plans to operate under its changed
business model, which could generate income to pay existing
creditors. In general, creditors have a better prospect of being
paid if this case is dismissed instead of being converted to
chapter 7."
The Court finds and concludes that dismissal, rather than
conversion, is in the best interests of creditors as a whole and
the estate.
A copy of the Court's Memorandum Opinion dated July 7, 2025, is
available at https://urlcurt.com/u?l=fVMVPH from PacerMonitor.com.
About Trinity Legacy Consortium
Trinity Legacy Consortium, LLC operates a construction and home
building business with locations in Farmington, New Mexico, and
Wallowa, Oregon.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.M. Case No. 22-10973) on December 7,
2022. In the petition signed by Jan Swift and Jacob Swift, managing
members, the Debtor disclosed up to $500,000 in assets and up to $1
million in liabilities.
Judge Robert H. Jacobvitz oversees the case.
The Debtor is represented by:
Don F. Harris, Esq.
New Mexico Financial Law
Tel: 505-503-1637
Email:nmfl@nmfinanciallaw.com
- and -
Dennis A. Banning, Esq.
New Mexico Financial Law
Tel: 505-503-1637
Email: nmfl@nmfinanciallaw.com
TW MEDICAL: Court Confirms Bankruptcy-Exit Plan
-----------------------------------------------
Judge Joel T. Marker of the United States Bankruptcy Court for the
District of Utah entered Findings and Conclusions with respect to
the confirmation of TW Medical Group, LLC and Taylor G. Wright,
P.C.'s Plan of Reorganization.
The Court conducted a hearing on June 26, 2025 at 2:00 p.m. to
consider confirmation of the Plan of Reorganization dated June 20,
2025.
The solicitation of votes for acceptance or rejection of the Plan
complied with Secs. 1125 and 1126,3 Bankruptcy Rules 3017 and 3018,
all other applicable provisions of the Bankruptcy Code, the Plan
Procedures Order and applicable law. Based on the record before the
Court in the Bankruptcy Case, the Debtors have acted in "good
faith" within the meaning of Sec. 1125, and are entitled to the
protections afforded by Sec. 1125(e).
The Plan establishes 19 Classes of Claims, and two Classes of
Equity Interests. Classes 1, 3, 5, 6, 7, 8, 9, 10, 11, 13, and 14
are deemed to have accepted the Plan because no creditor in any of
these Classes voted on the Plan nor did any creditor in these
Classes object to the Plan. Creditors in Classes 2, 4, 12, 15, 16,
17, 18, and 19 that submitted ballots unanimously accepted the Plan
by affirmative vote. Class 20 and 21 Equity Interests are deemed to
have accepted the Plan.
The Plan complies with the applicable provisions of the Bankruptcy
Code, thereby satisfying Sec. 1129(a)(1).
The Claims and Equity Interests placed in each Class are
substantially similar to other Claims and Equity Interests in each
such Class. The Plan properly classifies Claims and Equity
Interests. In addition to Administrative Expense Claims and
Priority Tax Claims, which are not classified under the Plan, the
Plan designates various separate Classes of Claims and Equity
Interests based on differences in their legal nature or priority.
Further, valid business, factual and legal reasons exist for
separately classifying the various Classes of Claims and Equity
Interests under the Plan. Finally, the Classes do not unfairly
discriminate between holders of Claims or Equity Interests. Thus,
the Plan satisfies Secs. 1122 and 1123(a)(1).
The Plan specifies that Class 20 and 21 Equity Interests are
unimpaired under the Plan. Thus Sec. 1123(a)(2) is satisfied.
Classes 1 through 19 are designated as impaired under the Plan.
Article IV of the Plan specifies the treatment of the impaired
Classes of Claims, thereby satisfying Sec. 1123(a)(3).
The Plan provides for the same treatment for each Claim or Equity
Interest in each respective Class unless the holder of a particular
Claim or Interest has agreed to less favorable treatment with
respect to such Claim or Interest, thereby satisfying Sec.
1123(a)(4).
The Plan provides adequate and proper means for implementation of
the Plan, thereby satisfying Sec. 1123(a)(5). Among other things,
the Plan provides for distributions to creditors, the assumption
of contracts, the consolidation of the Debtors, and the
continuation of their business operations.
The Plan complies with the applicable provisions of the Bankruptcy
Code. Likewise, the Debtors have complied with the applicable
provisions of the Bankruptcy Code. Thus, Secs. 1129(a)(1) and
(a)(2) are satisfied.
The Plan is proposed in good faith and not by any means forbidden
by law, and therefore complies with the requirements of Sec.
1129(a)(3). In determining that the Plan has been proposed in good
faith, the Court has examined the totality of the circumstances
surrounding the filing of the Bankruptcy Cases and the formulation
of the Plan. Among other things, the Court finds:
i. the Debtors filed the Bankruptcy Cases, and proposed the
Plan, for a valid purpose;
ii. neither the Bankruptcy Cases nor the Plan were filed as a
litigation tactic or for delay;
iii. the Debtors have been, and are, actively prosecuting their
Bankruptcy Cases;
iv. the Debtors proposed the Plan with the legitimate and honest
purpose of, among other things, maximizing returns to creditors;
v. the Plan contemplates full payment Claims in all Classes
other than Convenience Claims B;
vi. the Debtors should have sufficient liquidated funds to fully
implement the Plan;
vii. this is not a case involving a single creditor;
viii. the Debtors have a reasonable possibility of successfully
implementing the Plan and making distributions to holders of
Allowed Claims; and
ix. the Plan is feasible and practical, and there is a reasonable
likelihood that the Plan will achieve its intended results, which
are consistent with the purposes of the Bankruptcy Code.
In summary, the Plan complies with, and the Debtors have satisfied,
all applicable confirmation requirements, and the Plan will be
confirmed by entry of the separate Confirmation Order.
A copy of the Court's Findings and Conclusions Regarding Plan of
Reorganization dated June 26, 2025, is available at
https://urlcurt.com/u?l=ARGY7I from PacerMonitor.com.
Attorneys for TW Medical Group, LLC:
George Hofmann, Esq.
Jeffrey L. Trousdale, Esq.
COHNE KINGHORN, P.C.
111 East Broadway, 11th Floor
Salt Lake City, UT 84111
Telephone: (801) 363-4300
Facsimile: (801) 363-4378
E-mail: ghofmann@ck.law
jtrousdale@ck.law
Attorneys for Taylor G. Wright, P.C.:
Ted F. Stokes, Esq.
STOKES LAW PLLC
2072 North Main Suite 102
North Logan, UT 84341
Telephone: (435) 213-4771
Facsimile: (888) 441-1529
E-mail: ted@stokeslawpllc.com
About TW Medical Group
TW Medical Group, LLC is a podiatry practice offering
state-of-the-art care across many locations in the U.S. The Company
provides care for patients of all ages, from infants to older
adults. Its podiatry team specializes in diagnosing and treating
many foot and ankle conditions, including plantar fasciitis,
tendonitis, ingrown toenail, toenail fungus, bunions, and flat
feet.
TW Medical Group and Taylor G. Wright, P.C. filed Chapter 11
petitions (Bankr. D. Utah Lead Case No. 24-25495) on October 23,
2024. Zachary Paul, chief financial officer, signed the petitions.
At the time of the filing, TW Medical Group reported $10 million to
$50 million in both assets and liabilities while Taylor G. Wright
reported $100,001 to $500,000 in assets and $1 million to $10
million in liabilities.
Judge Joel T. Marker oversees the cases.
George B. Hofmann, Esq., at Cohne Kinghorn, P.C., represents TW
Medical Group while Ted F. Stokes, Esq., at Stokes Law, PLLC
represents Taylor G. Wright.
TWIN FALLS: Gets OK to Use Additional $1.82M in Cash Collateral
---------------------------------------------------------------
Twin Falls Oil Service, LLC got the green light from the U.S.
Bankruptcy Court for the District of North Dakota to use the cash
collateral of its pre-bankruptcy lenders.
The court order authorized the Debtor to use up to $1,827,800 in
cash collateral through the end of the week beginning on September
1 as per the financial projections.
Pre-bankruptcy lenders, including First International Bank & Trust,
Quick Bridge Funding, and Samson MCA LLC, and the Internal Revenue
Service will be granted replacement liens on assets acquired by the
Debtor after its Chapter 11 filing, with the same priority, dignity
and effect as their pre-bankruptcy liens.
About Twin Falls Oil Service
Twin Falls Oil Service, LLC, a company in Killdeer, N.D., offers
crude oil hauling, water hauling, aggregate hauling, hydrovac winch
services, and OTR hauling.
Twin Falls filed Chapter 11 petition (Bankr. D. N.D. Case No.
24-30525) on December 11, 2024, listing up to $50,000 in assets and
up to $10 million in liabilities. Jeffery L. Jacobson, president of
Twin Falls, signed the petition.
Judge Shon Hastings oversees the case.
Steven R. Kinsella, Esq., at Fredrikson & Byron, P.A. is the
Debtor's legal counsel.
First International Bank & Trust, as lender, is represented by:
Eli J. Patten, Esq.
Crowley Fleck PLLP
P.O. Box 2529
Billings, Montana 59103-2529
Email: epatten@crowleyfleck.com
USA STAFFING: Affiliate Gets Interim OK to Use Cash Collateral
--------------------------------------------------------------
Staffing Management Group, LLC, an affiliate of USA Staffing
Services, LLC, received interim approval from the U.S. Bankruptcy
Court for the Middle District of Florida to use cash collateral.
The interim order signed by Judge Catherine Peek McEwen authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee for
quarterly fees; the expenses set forth in the budget, plus an
amount not to exceed 10% for each line item; and additional amounts
subject to approval by secured creditor, Change Capital Holdings I,
LLC.
Change and other creditors with a security interest in the cash
collateral will have a perfected post-petition lien on the cash
collateral to the same extent and with the same validity and
priority as their pre-bankruptcy lien.
As additional protection to Change, the Debtor was ordered to keep
its property insured in accordance with its obligations under its
loan agreement with the secured creditor.
The next hearing is scheduled for July 22.
About USA Staffing Services, LLC
USA Staffing Services LLC provides staffing solutions across the
United States through a network of locally owned partner offices.
The Company offers temporary staffing, direct hire, and customized
workforce solutions for businesses across various industries and
locations.
USA Staffing Services LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04358) on June
27, 2025. In its petition, the Debtor reports total assets of
$6,315,418 and total liabilities: $3,239,607.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the case.
The Debtors are represented by:
Daniel E Etlinger
Underwood Murray, P.A.
Tel: 813-540-8407
Email: detlinger@underwoodmurray.com
USA STAFFING: Gets Interim OK to Use Cash Collateral
----------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division granted USA Staffing Services, LLC interim approval to use
cash collateral.
The interim order authorized the Debtor to use cash collateral
effective as of June 27 and continuing through the date the interim
order is superseded or replaced by a final order.
The request was initially contested by secured creditor, REV
Capital (California), Inc., but the court found the interim use is
essential for continued operations and in the best interest of
creditors. REV consented to the entry of the order.
As protection for any diminution in the value of its collateral,
REV will be granted a post-petition rollover lien on all assets of
the Debtor similar to its pre-bankruptcy collateral, with same
validity, priority and extent as its pre-bankruptcy lien.
Factoring contracts with REV Capital remain intact; REV is not
obligated to continue factoring, according to the interim order.
The interim order required the Debtor to deposit all revenue into
its DIP accounts and use funds only for necessary operating
expenses.
The next hearing is scheduled for July 22.
About USA Staffing Services, LLC
USA Staffing Services LLC provides staffing solutions across the
United States through a network of locally owned partner offices.
The Company offers temporary staffing, direct hire, and customized
workforce solutions for businesses across various industries and
locations.
USA Staffing Services LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04358) on June
27, 2025. In its petition, the Debtor reports total assets of
$6,315,418 and total liabilities: $3,239,607.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the case.
The Debtors are represented by:
Daniel E Etlinger
Underwood Murray, P.A.
Tel: 813-540-8407
Email: detlinger@underwoodmurray.com
VALKEN INC: Seeks to Hire Ciardi Ciardi & Astin as Counsel
----------------------------------------------------------
Valken Incorporated seeks approval from the U.S. Bankruptcy Court
for the District of New Jersey to hire Ciardi Ciardi & Astin as
counsel.
The firm will provide these services:
a. give the Debtor legal advice with respect to its powers and
duties as a Debtor-in-Possession;
b. prepare, on behalf of the Debtor, any necessary, answers,
orders, reports, and other legal papers;
c. perform all other legal services for the Debtor which may
be necessary herein; and
d. prepare and file a Plan of Reorganization.
The firm will be paid at these rates:
Partner $625 per hour
Associates $450 to $475 per hour
Of Counsel $525 to $575 per hour
Paralegal $100 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Albert A. Ciardi, III, Esq., a partner at Ciardi Ciardi & Astin,
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:
Albert A. Ciardi, III
Ciardi Ciardi & Astin
1905 Spruce Street
Philadelphia, PA
Tel: (215) 557-3550
About Valken Incorporated
Valken Incorporated, formed in 2008, provides equipment and
technology for paintball, airsoft, defense protection, and other
shooting sports. The Company supplies a broad range of products
across the United States and Europe and operates Victory as a
division.
Valken Incorporated sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-16742) on June 25, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $10 million to $50 million each.
Honorable Bankruptcy Judge Jerrold N. Poslusny Jr. handles the
case.
The Debtors are represented by Albert A. Ciardi, III, Esq. at
CIARDI CIARDI & ASTIN.
VENTURE GLOBAL: Fitch Rates $4BB Sr. Secured Notes 'BB'
-------------------------------------------------------
Fitch Ratings has assigned Venture Global Plaquemines LNG, LLC's
(VGPL) $4.0 billion par amount of senior secured notes issued on
June 30, 2025, a 'BB' rating. Proceeds from the notes will be used
to partially refinance its existing bank loan facility. The Rating
Outlook on the debt is Stable.
RATING RATIONALE
The 'BB' rating on VGPL's senior secured notes reflects a financial
profile underpinned by contracted cash flows under 20-year,
take-or-pay sales and purchase agreements (SPAs) for 19.7 million
tonnes per annum (mtpa) capacity with mostly creditworthy
offtakers. As of April 30, 2025, construction was approximately 96%
complete but all contingency funds have been used to cover
construction costs. As of April 2025, remaining construction costs
and interest during construction totaled approximately $1.7
billion. The funding shortfall will be covered using sales of
commissioning cargoes, which commenced in December 2024 and are
estimated to generate proceeds well above the remaining funding
requirement.
Approximately 10% of the revenues will come from an SPA with an
unrated subsidiary of a highly rated corporate entity, which
provides a limited parent guarantee. Fitch evaluated several
mitigating factors: VGPL's low dependency on these cash flows, the
level of parent credit support, the importance of the project to
the counterparties, and SPA pricing compared to Fitch merchant
prices. These factors support the assessment of cash flows from
this SPA under contracted metric thresholds.
The self-operated project is exposed to operating cost volatility
and lacks major maintenance reserve accounts. This is offset using
proven technology, long-term service agreements (LTSAs) with the
original equipment manufacturer (OEM) for the liquefaction trains,
and Fitch's higher cost stresses in the financial analysis. In the
rating case, the production level is 2.5 mtpa above the nameplate
capacity, in line with the stressed downside case provided by the
independent engineer (IE) and equipment performance guarantees.
The debt structure is similar to other rated LNG projects,
featuring refinancing risk and permissive additional debt
provisions. In April 2025, VGPL placed $2.5 billion of inaugural
bonds that were used to partially refinance its existing loan
facility. Fitch's rating case stresses capacity, fuel use, gas
prices, operating costs, and refinancing rates, and results in a
minimum project life coverage ratio (PLCR) of 1.21x.
KEY RATING DRIVERS
Completion Risk - Midrange
Advanced Completion Status with Mitigated Funding Shortfalls:
Construction works are at an advanced stage. Phase I completion was
at 99% and Phase II completion at 90% as of April 30, 2025,
substantially minimizing overall completion risk. The completion
risk assessment accounts for the remaining capex of approximately
$900 million and exposure to cost overruns, which have added
roughly 30% to the initial budget.
VGPL is using a multi-contractor structure with experienced
specialized contractors such as Baker Hughes (BHGE), General
Electric, UOP Honeywell, Kellogg Brown and Root (KBR), and CB&I.
BHGE is supplying the project with the key equipment and is a
highly experienced OEM supported by an investment-grade parent. The
joint venture (JV) between KBR and Zachry Industrial Inc. (KZJV)
plays an integral role as the engineering, procurement and
construction (EPC) contractor responsible for the integration of
the facility components, testing and commissioning.
The EPC contract is largely structured on a reimbursable basis,
exposing the project to cost escalation. The project has allocated
all its contingency. However, due to the phased completion plan,
the project has begun to sell commissioning cargoes, which
management expects will generate sufficient revenue to cover
remaining project costs. Additionally, there is a significant
buffer between the projected completion date and the SPA commercial
operation date (COD) to accommodate schedule delays.
Operation Risk - Midrange
Self-Operated with Some Operating Experience: Similar to other LNG
projects in the U.S., VGPL relies on affiliate companies to operate
and manage the facilities. As of June 2025, these affiliates have
an operating track record of more than two years of ramping up
production and generating LNG at Venture Global Calcasieu Pass
(VGCP), which declared COD on April 15, 2025. The project has hired
experienced staff from within the LNG industry and is coordinating
with its contractors to provide training support prior to COD.
Technical risk is mitigated by world-class OEMs that test,
fabricate, ship, and assist in the installation of their equipment.
The project design includes built-in redundancies for major
equipment, self-generated power insulated from grid-related
outages, and performance guarantees that allow production levels
above nameplate capacity.
Unexpected operational problems that arise after the start of
commercial operation are expected to be covered by warranties
provided by the OEMs and contractors. The LTSA with Baker Hughes
Company (BHC), and the maintenance budgets and the modularity of
the project design, should allow predictable and phased maintenance
costs, mitigating the risk related to the lack of a mandatory
maintenance reserve requirement.
The IE reported that the project has developed an adequate
operating plan. Fitch addresses the lack of operating history by
incorporating additional cost stresses in its financial analysis.
The IE also reported that the use of electric motors instead of
turbines in the liquefaction process should reduce downtime. While
the project's reliance on its own power generation adds operational
complexity, it may provide greater supply certainty by avoiding
weather-related grid outages.
Supply Risk - Midrange
Access to Adequate Gas Supplies Backed by Firm Transportation
Capacity: The project's supply risk is mitigated by operating in an
area with abundant gas supply, the establishment of an experienced
gas procurement team that is already purchasing gas for
commissioning cargos, and offtake contracts that include gas cost
recovery components. VGPL has signed precedent agreements for firm
transportation capacity at fixed rates across four pipelines. This
pipeline capacity provides sufficient access to supply quantities
of feed-gas in excess of the nameplate production capacity of the
LNG facility for the term of the assumed debt profile.
The project relies on two lateral segments of the Gator Express
Pipeline to transport gas from other pipelines to the project site,
thereby removing single-point-of-failure risk. According to the
market consultant, the project's approach to gas procurement should
ensure sufficient near- to medium-term contracted volumes while
maintaining appropriate flexibility for long-term needs.
Revenue Risk - Composite - Midrange
Largely Contracted Profile: VGPL has entered into 13 long-term SPAs
for the sale of 19.7 mtpa of LNG with creditworthy offtakers,
covering almost the entire nameplate capacity of 20 mtpa.
Additionally, there is a shorter-term contract for 0.3 mtpa. Any
capacity exceeding these contractual commitments is sold to a
Venture Global LNG, Inc. (Venture Global; B+/Stable) affiliate.
Each SPA provides revenue from a capacity payment, which is paid
regardless of the LNG volumes lifted, and a commodity-based payment
per unit of LNG lifted. The project effectively passes variable
fuel costs through the commodity payment linked to gas prices at
Henry Hub, while fixed costs are covered by the fixed capacity fees
of the SPAs. This structure insulates the project from broader
trends in LNG demand.
Flexible delivery contractual features and excess production
capacity above the volumes contracted with these offtakers mitigate
the risk of the project failing to meet its SPA delivery
obligations in the event of unplanned outages. There is no merchant
exposure since VGPL's capacity is fully contracted. However, Fitch
applies a merchant threshold to revenues from counterparties that
are unrated or below the project rating.
Debt Structure - 1 - Midrange
Refinance Exposure Mitigated by Staggered Maturity Profile: The
project is significantly exposed to the risk of rising interest
rates. The new senior notes have bullet maturities and account for
approximately 33% of the project's debt, including the bank loan
and previously issued senior notes in the amount of $2.5 billion.
The bank loan matures in 2029 and has limited amortization prior to
maturity. The project must hedge at least 75% of its variable rate
exposure. The debt structure includes a senior debt coverage ratio
test of 1.4x for additional debt issuances and an equity
distribution test of 1.20x for senior notes and 1.25x for the bank
loan. Any termination of an SPA without replacement would require
mandatory prepayment to maintain 1.40x and 1.45x coverage,
accounting for the loss of that SPA under the senior notes and the
bank loan, respectively.
Financial Profile
Fitch's financial analysis is based on partial refinancing in July
2025 of the remaining $10.2 billion term loan, with non-amortizing
bonds in an aggregate amount of around $4.0 billion. This is a
second issuance for VGPL this year. In April 2025, VGPL issued
bonds in the amount of $2.5 billion. Fitch applies a stressed
refinancing interest rate and assumes the debt is fully amortized
within the 20-year term of the SPAs, once both sets of bonds are
refinanced.
Fitch assumes a base case production capacity of 24 mtpa based on
IE estimates and plant performance during commissioning. Contracts
for 19.7 mtpa are secured with creditworthy third-party offtakers
for a 20-year term. The project generates $0.50 per million British
thermal units (MMBtu) in liquefaction fees on the excess capacity
above the nameplate, which is contracted to Venture Global's
marketing affiliate. In this scenario, the minimum PLCR is 1.33x in
2030.
Fitch's rating case assumes full SPA lifting and lower production
capacity at 22.5 mtpa. Fitch applies higher operating expenses,
higher fuel gas use and lower gas prices. Under these assumptions,
the minimum PLCR is 1.22x in 2033.
PEER GROUP
Fitch publicly rates several LNG projects that share similar
features with VGPL. However, these have established operating
histories that lead to moderated rating case stresses and
demonstrate stronger financial profiles, resulting in
investment-grade ratings.
Cheniere Corpus Christi Holdings, LLC (CCH; BBB+/Stable) uses
widely proven liquefaction technology with large-scale trains
powered by gas turbines. CCH is undertaking an expansion project
that relies on mid-scale technology powered by electric motors
similar to VGPL. It sources power from the local grid, which may be
less complex than generating its own power (as VGPL does) but may
expose the project to grid outages.
Both CCH and VGPL have contracted the majority of their capacity
with creditworthy entities under SPAs and are responsible for gas
procurement and transportation. Fitch views below-investment-grade
counterparties as merchant exposure for CCH. For VGPL, a small
amount of capacity is contracted with below-investment grade
counterparties, which Fitch does not view as a rating constraint.
CCH has a rating case minimum PLCR of 3.1x.
Sabine Pass Liquefaction, LLC (Sabine Pass; BBB+/Stable) is a fully
operational LNG project owned and developed by Cheniere Energy Inc.
(CEI; BBB/Stable), as well as other investors. Similar to Venture
Global, Sabine Pass has SPAs with counterparties of adequate credit
quality, receives a fixed capacity fee and Henry Hub-tied fees for
lifting, and manages the gas supply. Sabine Pass uses ConocoPhilips
Optimized Cascade liquefaction technology, similar to CCH, but
relies on its own power generation, akin to VGPL. Fitch's financial
analysis for Sabine Pass incorporates merchant revenues, with a
rating case minimum PLCR is 3.1x.
FLNG Liquefaction 2, LLC (FLIQ2; BBB/Stable) is an independently
financed project that is part of a multi-train development. The
rating reflects FLIQ2's long-term tolling agreement, which provides
a direct pass-through of gas procurement costs to a single
investment-grade offtaker for nearly all of its capacity and no
refinance risk. The strength of the revenue stream suggests a lower
debt service coverage ratio (DSCR) threshold for any given rating
level compared with VGPL. FLIQ2's rating case DSCRs average is
1.4x.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deterioration in Fitch's credit view for a material SPA off-taker
or SPA guarantor;
- A decline in the minimum PLCR below 1.2x in the Fitch rating case
due to cost escalation, negative Henry Hub basis or production
shortfalls;
- Higher refinancing costs, issuance of incremental senior debt, or
failure to apply mark to market proceeds from swap breakage to pay
down project debt.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Project reaches commercial operations date and demonstrates an
operating profile with higher production or lower operating costs
resulting in PLCR above 1.3x in the Fitch rating case;
- A reduction in refinancing exposure leading to lower assumed debt
costs and rating case financial metrics above 1.3x.
TRANSACTION SUMMARY
On June 30, 2025, VGPL issued $4.0 billion of 144A senior secured
notes to partially refinance the outstanding $10.2 billion term
loan facility. The fixed-rate notes were issued in two series of
$2.0 billion each with bullet maturities of 8.5 years and 10.5
years and rates of 6.50% and 6.75%, respectively. The notes rank
pari passu with the term loan and outstanding $2.5 billion in
senior secured notes.
SECURITY
A first-priority security interest is established in substantially
all assets of the issuer, VGGE as guarantor, and any future
subsidiaries. This includes a pledge of 100% of the equity in the
issuer and guarantor. Additionally, it encompasses all contracts,
agreements (including material project agreements) and rights
thereunder, as well as certain accounts, cash flow and other
revenues. These arrangements are subject to customary exceptions to
be agreed upon, consistent with existing credit facilities.
Date of Relevant Committee
June 27, 2025
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
Venture Global
Plaquemines LNG,
LLC
Venture Global
Plaquemines LNG,
LLC/Project Revenues
- Senior Secured Debt/1 LT
USD 2 bln 6.5% bond/note
15-Jan-2034 922966AC0 LT BB New Rating
senior secured LT BB New Rating BB(EXP)
USD 2 bln 6.75% bond/note
15-Jan-2036 922966AD8 LT BB New Rating BB(EXP)
VENUS CONCEPT: Registers 899,870 Common Shares for Resale
---------------------------------------------------------
Venus Concept Inc. filed a Registration Statement on Form S-1 with
the U.S. Securities and Exchange Commission regarding a prospectus
relating to the resale, from time to time, by the selling
stockholders, Intracoastal Capital LLC, Anson Investments Master
Fund LP, Orca Capital AG, Boothbay Absolute Return Strategies, LP,
Kingsbrook Opportunities Master Fund LP, Michael Vasinkevich, Noam
Rubinstein, Craig Schwabe, and Charles Worthman, of up to 899,870
shares of the Company's common stock, $0.0001 par value per share,
issuable upon exercise of outstanding warrants.
The Warrants were issued in connection with a registered direct
offering of the Company's Common Stock and consist of:
(i) 869,440 Warrants issued to certain institutional investors
who participated in such offering and
(ii) 30,430 Warrants issued as consideration to the placement
agent in such offering.
Venus Concept disclosed: "We are not selling any securities under
this prospectus, and we will not receive any proceeds from the sale
of shares of our Common Stock by the selling stockholders under
this prospectus. The selling stockholders will bear all brokerage
commissions and similar expenses attributable to the sale of shares
under this prospectus, and we will bear all costs, expenses and
fees in connection with the registration of such shares. The
selling stockholders may sell the shares of our Common Stock
offered by this prospectus from time to time on terms to be
determined at the time of sale through ordinary brokerage
transactions or through any other means described in this
prospectus. Such shares may be sold at fixed prices, at market
prices prevailing at the time of sale, at prices related to
prevailing market price or at negotiated prices."
"Our Common Stock is listed on the Nasdaq Capital Market under the
symbol VERO. On June 16, 2025, the reported sale price of our
Common Stock on the Nasdaq Capital Market was $2.48 per share."
About Venus Concept
Toronto, Ontario-based Venus Concept Inc. is an innovative global
medical technology company that develops, commercializes, and
delivers minimally invasive and non-invasive medical aesthetic and
hair restoration technologies and related services. The Company's
systems have been designed on cost-effective, proprietary, and
flexible platforms that enable the Company to expand beyond the
aesthetic industry's traditional markets of dermatology and plastic
surgery, and into non-traditional markets, including family
medicine and general practitioners and aesthetic medical spas.
Mississauga, Canada-based MNP LLP, the Company's auditor since
2019, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has reported recurring net losses and negative cash flows from
operations, which raises substantial doubt about its ability to
continue as a going concern.
As of September 30, 2024, Venus Concept had $72.28 million in total
assets, $61.65 million in total liabilities, $520,000 in
non-controlling interests, and $10.11 million in total
stockholders' equity.
VERRILL DANA: Taps Bankruptcy Team from Rival Firm Bernstein Shur
-----------------------------------------------------------------
Renee Cordes of Mainebiz reports that Portland-based law firm
Verrill has expanded its bankruptcy practice by hiring four
attorneys and three staff members from local competitor Bernstein
Shur, a move its managing partner says reflects broader
consolidation trends in Maine's legal market.
According to the report, the additions include Robert Keach,
formerly co-chair of Bernstein Shur's business restructuring and
insolvency group, who joins Verrill as counsel; partners Lindsay
Zahradka Milne and Letson Boots; and associate Jennifer Novo. Milne
is currently representing Portland-based IT firm Tilson in its
Chapter 11 case. Boots handles a range of Chapter 11 matters,
including reorganizations, asset sales, and litigation. Novo also
brings experience representing both debtors and creditors in
bankruptcy proceedings.
"They have a strong team structure from senior attorneys to junior
lawyers and paralegals, which positions them well for long-term
success," said Scott Anderson, Verrill's managing partner, in a
phone interview with Mainebiz. "That's exactly the kind of
structure we look for in every practice group."
The group and their staff officially joined Verrill on Monday, June
30, 2025.
"They're settling in quickly, and Lindsay is already deep into her
work on Tilson," Anderson added.
In a statement to Mainebiz, Bernstein Shur, led since February 2025
by CEO Kaveri Subbarao, extended well wishes to its former team and
left the door open for future collaboration.
"As always, our focus is on ensuring a smooth and thoughtful
transition -- for our clients, our teams, and our firm," the firm
said. "These types of changes are a natural part of a dynamic,
growing organization like ours. We're having a strong year and are
actively recruiting across multiple practice areas."
The firm did not disclose how many bankruptcy attorneys remain
following the departures but maintained that the practice "remains
strong and is growing."
Verrill's Continued Growth
The hires come as Verrill continues to expand in both Portland and
Bangor. The firm recently brought on several attorneys from Eaton
Peabody, which ceased offering legal services on June 30, 2025.
Verrill is currently operating out of Eaton Peabody's former office
at 80 Exchange Street in Bangor under a lease agreement that runs
through the end of the year. Anderson said the firm hopes to remain
at the location long term.
"We expect to stay at 80 Exchange St., whether on our current floor
or another," he said. "That's where we want to be."
Anderson also predicted more shakeups ahead in Maine's legal
industry—and possibly across New England—as firms adjust
succession plans for retiring attorneys. "That type of change will
continue," he said. "We're very much focused on continuing to
grow."
According to the 2025 Mainebiz Book of Lists, Verrill ranks as the
fourth-largest law firm in Maine, while Bernstein Shur holds the
No. 2 spot, based on the number of Maine-based attorneys.
About Verrill Danna LLP
Verrill Danna LLP is a Portland-based law firm.
VIRGINIA PARK: Hires Glenn Agre Bergman & Fuentes LLP as Counsel
----------------------------------------------------------------
Virginia Park 1 LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of New York to hire Glenn Agre Bergman &
Fuentes LLP as counsel.
The Debtor requires legal counsel to:
a. advise the Debtor in connection with its rights, powers and
duties as debtor-in-possession in the continued management and
operation of its business and property;
b. take necessary action to protect and preserve the Debtor's
estate;
c. attend meetings and negotiate with representatives of
creditors and other parties-in-interest;
d. prepare, on behalf of the Debtor, all necessary motions,
applications, answers, orders, reports, and papers in support of
positions taken by the Debtor and necessary to the administration
of the estate;
e. negotiate and prepare, on behalf of the Debtor, a plan of
reorganization and all related documents;
f. advise the Debtor in connection with any sale of assets;
g. appear before this Court and any appellate courts in
connection with the Chapter 11 Case; and
h. perform other necessary legal services and provide other
necessary legal advice to the Debtor in connection with the Chapter
11 case.
The hourly rates of the firm's attorneys and staff are as follows:
Partners $1,150 to $1,800
Of Counsel $900 to $1,375
Associates $600 to $1,050
Litigation Managers $425
Paralegals $325 to $425
The firm received from the Debtor a retainer of $40,000.
Andrew Glenn, Esq., a partner at Glenn Agre Bergman & Fuentes,
disclosed in a court filing that his firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Andrew K. Glenn, Esq.
GLENN AGRE BERGMAN & FUENTES, LLP
55 Hudson Yards, 20th Floor
New York, NY 10001
Telephone: (212) 358-5600
Email: aglenn@glennagre.com
About Virginia Park 1 LLC
Virginia Park 1 LLC provides real estate-related services,
including property management and support activities, in connection
with properties in Michigan.
Virginia Park 1 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11308) on June
10, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $500,000 and $1 million.
Honorable Bankruptcy Judge Martin Glenn handles the case.
The Debtors are represented by Andrew K. Glenn, Esq., Jed I.
Bergman, Esq., Richard Ramirez, Esq., and Malak S. Doss, Esq. at
GLENN AGRE BERGMAN & FUENTES LLP.
VOLITIONRX LTD: All Proposals Passed at 2025 Annual Meeting
-----------------------------------------------------------
VolitionRx Limited held its Annual Meeting of Stockholders during
which the Company's stockholders voted on four proposals. The
Company had 100,775,334 shares of common stock outstanding on April
25, 2025, the record date for the Annual Meeting, of which
51,635,355 shares of common stock were present in person or
represented by proxy at the Annual Meeting.
The following sets forth the final voting results of the four
proposals voted upon by the Company's stockholders at the Annual
Meeting. These matters are described in more detail in the
Company's definitive proxy statement on Schedule 14A filed with the
Securities and Exchange Commission on April 29, 2025:
Proposal 1: The stockholders elected eight members to the Board of
Directors to hold office until the 2026 annual meeting of
stockholders and until their successors are duly elected and
qualified, or until their earlier resignation or removal. The
voting results are as follows:
1. Dr. Phillip Barnes
* Votes For: 35,018,471
* Votes Withheld: 1,964,275
* Broker Non-Votes: 14,652,609
2. Dr. Alan Colman
* Votes For: 35,024,256
* Votes Withheld: 1,958,490
* Broker Non-Votes: 14,652,609
3. Mickie Henshall
* Votes For: 35,363,392
* Votes Withheld: 1,619,354
* Broker Non-Votes: 14,652,609
4. Guy Innes
* Votes For: 34,317,785
* Votes Withheld: 2,664,961
* Broker Non-Votes: 14,652,609
5. Kim Nguyen
* Votes For: 34,646,196
* Votes Withheld: 2,336,550
* Broker Non-Votes: 14,652,609
6. Cameron Reynolds
* Votes For: 36,104,993
* Votes Withheld: 877,753
* Broker Non-Votes: 14,652,609
7. Dr. Ethel Rubin
* Votes For: 36,125,178
* Votes Withheld: 857,568
* Broker Non-Votes: 14,652,609
8. Timothy Still
* Votes For: 36,004,285
* Votes Withheld: 978,461
* Broker Non-Votes: 14,652,609
Proposal 2: The stockholders ratified the selection of Sadler, Gibb
& Associates, LLC as the Company's independent registered public
accounting firm for the year ending December 31, 2025. The voting
results are as follows:
* Votes For: 51,261,805
* Votes Withheld: 330,721
* Votes Abstained: 42,829
Proposal 3: The stockholders approved, by a non-binding advisory
vote, the compensation of the Company's named executive officers as
described in the Proxy Statement. The voting results are as
follows:
* Votes For: 34,417,170
* Votes Withheld: 2,340,233
* Votes Abstained: 225,343
* Broker Non-Votes: 14,652,609
Proposal 4: The stockholders approved a Certificate of Second
Amendment of the Second Amended and Restated Certificate of
Incorporation, providing for an increase in authorized shares from
175,000,000 shares to 325,000,000 shares, consisting of 325,000,000
shares of common stock, par value $0.001 per share. The Amendment
had previously been approved by the Board of Directors on April 2,
2025, subject to the approval of the Company's Stockholders. The
Amendment became effective upon its filing with the Secretary of
State of the State of Delaware on June 18, 2025. The voting results
are as follows:
* Votes For: 49,458,528
* Votes Withheld: 1,791,694
* Votes Abstained: 385,133
No other matters were presented for consideration or stockholder
action at the Annual Meeting.
About Volition
Henderson, Nev.-based VolitionRx Limited is a multi-national
epigenetics company. It has patented technologies that use
chromosomal structures, such as nucleosomes, and transcription
factors as biomarkers in cancer and other diseases.
Draper, Utah.-based Sadler, Gibb & Associates, LLC, the Company's
auditor since 2011, issued a "going concern" qualification in its
report dated March 31, 2025, attached in the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has suffered recurring losses from operations,
negative cash flows from operations and minimal revenues which
raises substantial doubt about its ability to continue as a going
concern.
As of June 30, 2024, VolitionRx had $13.1 million in total assets,
$36 million in total liabilities, and $22.9 million in total
stockholders' deficit.
WYTHE BERRY: Court Sustains Objection to Mechanic's Lien Claims
---------------------------------------------------------------
Chief Judge Martin Glenn of the United States Bankruptcy Court for
the Southern District of New York sustains Wythe Berry Fee Owner
LLC's objection to the claims of D and J Industries, LLC and
Schimenti Construction Company LLC. The Court expunges the
mechanic's lien claims.
WBFO is the fee owner of a commercial real property complex located
at 55 Wythe Avenue, Brooklyn, New York 11249 that is comprised of
the William Vale Hotel and office and retail space and parking. The
Property was originally owned by Wythe Berry LLC. In February of
2017, WB LLC refinanced its existing mortgage debt through a series
of transactions, through which the Debtor was formed. WB LLC
transferred title to the Property to the Debtor, and the Debtor
leased the Property back to WB LLC pursuant to a 15-year lease.
On March 21, 2022, WB LLC subleased part of the Debtor's Property
to HealthQuarters, Inc. The intended use of the property by
HealthQuarters was for the creation of a wellness, healthcare and
medical facility. The HQ Lease identified WB LLC as the "Landlord"
and HQ as the "Tenant," and there is no mention of the Debtor in
the sublease.
On April 4, 2022, HealthQuarters subcontracted with Schimenti for
Schimenti to act as HealthQuarters' general contractor to provide
labor, materials, equipment and services for the fitting-out of
HealthQuarters' rental space.
As Daniel Reiss, owner and president of D&J, testified, in the
summer of 2022, HealthQuarters hired D&J to furnish all the light
fixtures it needed.
On Nov. 30, 2022, D&J filed a notice of mechanic's lien pursuant to
section 10 of the New York Lien Law with the County Clerk of Kings
County against the fee simple interest of the property owner and
against HealthQuarters' leasehold interest in the Property.
Since HealthQuarters stopped paying Schimenti at some point prior
to September 2022, on Sept. 23, 2022, Schimenti filed a verified
notice of mechanic's lien pursuant to section 10 of the New York
Lien Law with the Country Clerk of Kings County, and Holland
testified that all statutory requirements for filing and service
were met, including service on the Debtor.
In November of 2022, HealthQuarters filed a voluntary petition for
relief under chapter 7 of the Code with the United States
Bankruptcy Court for the District of Delaware.
On or about March 6, 2023, D&J filed a claim in the Debtor's
chapter 11 case, asserting a claim in the amount of $90,514.12,
purportedly secured by a mechanic's lien on real estate. On or
about April 28, 2023, Schimenti filed a claim for a "General
Construction Contract" in the amount of $1,406,796.72.
The critical questions in this dispute are:
(1) who was the "owner" of the Property (and what does "owner"
mean in the context of mechanic's liens asserted against a fee
owner), and
(2) did the "owner" of the Property (or the owner's agent)
consent to the work performed by Schimenti et al.?
Schimenti advances a slew of arguments in favor of its and D&J's
claims. In sum, it argues that it had the requisite consent of the
owner of the Property which would justify the imposition of a
mechanic's lien on the fee simple interest in the Property under
the NY Lien Law pursuant to a number of different theories,
including that: Weiss himself was the owner of part of the fee
simple interest in the Property and provided adequate consent, WB
LLC was an "owner" under the NY Lien Law by dint of the operation
of the Lease and consented (through Weiss) to the work done on the
Property, and Weiss was an agent of Member LLC and the Debtor and
consented on the Debtor's behalf.
The Debtor's argument boils down to a few key points. It is
undisputed (or was, until Schimenti floated the theory that Weiss
actually owns 50% of the fee simple interest in the Property) that
WBFO was the fee simple owner of the Property. It is also
undisputed that the contracts underlying the mechanic's liens were
not with the Debtor, but with HealthQuarters. So, the Debtor and
owner of the Property did not request any of the work done on the
Property by Schimenti and its subcontractors.
The Debtor argues that Schimenti failed to show that Weiss is the
owner of the Property, because Weiss simply does not have a direct
property interest in the Debtor, as he is merely an owner of the
owner of the Debtor (i.e., part owner of Member LLC). Any interest
that Weiss has in the Debtor is a personal property interest only,
and not an interest in any real property held by the Debtor (i.e.,
not an interest in the Property). Moreover, the Debtor claims that
Schimenti did no investigation into who actually owned the Property
and instead dealt solely with HealthQuarters.
The Debtor claims that Schimenti did not show that WB LLC was the
"owner" of property. Nor could Schimenti show this, as its (and the
other claimants') contracts with HealthQuarters arose in 2022,
after this Court declared the Lease invalid. It also points to New
York caselaw to argue that Weiss is not the Debtor's agent. The
Debtor's LLC agreement clearly empowers Member LLC and Member LLC
alone to act as its agent, and the Debtor took steps in the Lease
to limit the ability of Weiss or WB LLC to unilaterally alter the
Property in major ways.
The Court finds Delaware LLC law is clear -- Weiss has no interest
in Member LLC's shares of Debtor, let alone in Debtor's property,
so is not the owner of the fee simple interest in the Property.
And while the Lease does allow for the creation of some liens by WB
LLC, it only allows for liens to be created on WB LLC's leasehold
interest in the Property, not on the fee simple interest held by
WBFO. The Lease therefore cannot reasonably be read to be a
"delegation" to WB LLC of WBFO's ability to encumber the fee simple
interest in the Property. Nor can the Lease be read as granting
WBFO's ex ante consent to work on the Property, or to WB LLC's
enabling the imposition of a mechanic's lien on the Property,
according to the Court.
Schimenti was not able to identify any other "manifestation" from
the Debtor to WB LLC or Weiss authorizing WB LLC/Weiss to act on
its behalf in any respect. Weiss's uncontested testimony
established that he never discussed any subleases with WBFO or
Member LLC. The evidence before the Court establishes that WBFO was
not aware of the HealthQuarters Sublease, let alone the
contractors' presence and work on the property. The Court finds
there is no evidence of an actual agency relationship between WB
LLC/Weiss and WBFO.
Because Schimenti has failed to establish that any of the
claimants' mechanic's liens attached to the fee simple interest in
the Property, which fee simple interest was owned by the Debtor,
the Court sustains the Debtor's objections and expunges the claims
of Schimenti and D&J.
A copy of the Court's Memorandum Opinion and Order dated
July 7, 2025, is available at https://urlcurt.com/u?l=xj8Dgk from
PacerMonitor.com.
Attorneys for the Plan Administrator:
Michael Friedman, Esq.
Eric Silvestri, Esq
CHAPMAN AND CUTLER LLP
1270 Avenue of the Americas, 30th Floor
New York, NY 10020
E-mail: friedman@chapman.com
silvest@chapman.com
Attorneys for Schimenti Construction Company LLC:
Peter E. Strniste, Jr., Esq.
Robert Barrack, Esq.
GORDON & REES
One Battery Park Plaza, 28th Floor
New York, NY 10005
E-mail: pstrniste@grsm.com
rbarrack@grsm.com
Attorneys for D and J Industries LLC:
Mark Cemele, Esq.
CERMELE & WOOD LLP
2 Westchester Park Drive, Suite 110
White Plains, NY 10604
E-mail: mark@cw.legal
About Wythe Berry Fee Owner
Wythe Berry Fee Owner LLC is the titular owner of a commercial real
property complex located in Brooklyn, New York, that includes The
William Vale Hotel, one of Brooklyn's few luxury hotels. Wythe
Berry Fee Owner is co-owned, indirectly, by Zelig Weiss and YGWV
LLC, a wholly owned, direct subsidiary of All Year Holdings
Limited, which is a debtor in a chapter 11 case also pending before
Judge Martin Glenn.
Weiss and YGWV each hold 50% of the membership interests in Member
LLC, which, in turn, is the direct parent, and sole member, of
Wythe Berry Fee Owner. YGWV purports to be the designated managing
member of Member LLC and, thus, purports to control Wythe Berry Fee
Owner.
A group of noteholders, Mishmeret Trust Company Ltd., solely in its
capacity as Trustee for the Series C Notes; Yelin Lapidot Provident
Funds Management Ltd.; The Phoenix Insurance Company Limited; and
Klirmark Opportunity Fund III L.P., filed an involuntary Chapter 11
bankruptcy petition against Wythe Berry Fee Owner LLC (Bankr.
S.D.N.Y. Case No. 22-11340) on Oct. 6, 2022. The creditors are
represented by Michael Friedman, Esq., at Chapman and Cutler LLP.
Bankruptcy Judge Martin Glenn, who presides over the case, entered
an Order for Relief in January 2023, allowing the bankruptcy
proceedings against Wythe Berry Fee Owner LLC to proceed. Judge
Glenn denied a request by hotel operator Zelig Weiss to dismiss the
involuntary petition.
Wythe Berry Fee Owner LLC is represented by law firm Herrick,
Feinstein LLP.
All Year Holdings Limited filed for Chapter 11 bankruptcy
protection (Bankr. S.D.N.Y. Case No. 21-12051) on Dec. 14, 2021,
and is represented by Matthew Paul Goren, Esq., at Weil, Gotshal &
Manges LLP.
Weiss is represented by lawyers at Paul Hastings LLP.
* * *
On May 29, 2024, Chief Bankruptcy Judge Martin Glenn of the United
States Bankruptcy Court for the Southern District of New York
issued opinions confirming the Chapter 11 plans of Wythe Berry Fee
Owner LLC and approving a related settlement that was part of the
plan, clearing the way for them to complete the sale of the William
Vale Hotel and complex in Brooklyn to an affiliate of EOS
Hospitality for $177 million. The Chapter 11 plan was declared
effective on June 18, 2024.
XCEL BRANDS: Stockholders OK Warrant Issuance, Reverse Split
------------------------------------------------------------
Xcel Brands, Inc. held its Special Meeting during which the
Company's stockholders voted on three proposals and cast their
votes. These matters are described in detail in the Company's
definitive proxy statement on Schedule 14A, which was filed with
the Commission on May 13, 2025.
As of May 7, 2025, the record date of the Special Meeting, there
were 2,386,325 shares of Common Stock issued and outstanding and
entitled to vote at the Special Meeting. Present in person or by
proxy at the Special Meeting were 1,637,039 shares of Common Stock,
representing a majority of the issued and outstanding capital stock
present at the Special Meeting, which constituted a quorum.
The following are the final voting results for each item of
business voted upon at the Special Meeting, as described in the
Proxy Statement:
Proposal 1. Warrant Exercise Proposal.
The stockholders approved for purposes of complying with Nasdaq
Listing Rule 5635 requirements for the issuance of common stock in
excess of 19.99% of the Company's outstanding common stock upon
exercise of the warrants to purchase shares of the Company's common
stock issued in connection with the Company's refinancing which
closed on April 21, 2025;
(i) which may be deemed a change of control under Rule 5635(b)
and
(ii) in a transaction not involving a public offering of
greater than 20% of the outstanding common stock or voting power
prior to the issuance Rule 5635(d) with respect to the Company's
issuance, based on the votes:
* Votes For: 1,020,922
* Votes Against: 5,503
* Abstentions: 540
* Broker Non-Votes: 610,074
Proposal 2. Reverse Split Proposal.
The stockholders approved the Company to, in the discretion of the
Company's Board of Directors, adopt and approve an amendment to its
Amended and Restated Certificate of Incorporation, as amended, to
effect a reverse stock of its issued shares of common stock at a
ratio within the range of not less than 1-for-2 and not greater
than 1-for-5, with the exact ratio within such range and the
implementation and timing of such reverse stock split to be
determined at the sole discretion of its Board of Directors,
without further approval or authorization of its stockholders, at
any time prior to March 25, 2026, based on the votes:
* Votes For: 1,613,691
* Votes Against: 23,019
* Abstentions: 329
* Broker Non-Votes: 0
Both proposals were approved by the Company's stockholders. No
other matters were considered or voted upon at the meeting, except
a proposal to adjourn the Special Meeting of Stockholders to a
later date, if necessary, to permit further solicitation and vote
proxies in the event there were not sufficient votes in favor of
the Warrant Exercise Proposal and Reverse Stock Split Proposal.
Based upon the voting results, the latter was not applicable.
About Xcel Brands
New York, N.Y.-based Xcel Brands, Inc. is a media and consumer
products company engaged in the design, licensing, marketing, live
streaming, and social commerce sales of branded apparel, footwear,
accessories, fine jewelry, home goods and other consumer products,
and the acquisition of dynamic consumer lifestyle brands. Xcel was
founded in 2011 with a vision to reimagine shopping, entertainment,
and social media as social commerce.
New York, N.Y.-based Marcum LLP, the Company's auditor since 2021,
issued a "going concern" qualification in its report dated May 27,
2025, attached to the Company's Annual Report on Form 10-K for the
fiscal 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 December 31, 2024, the Company had $53.8 million in total
assets, $25.4 million in total liabilities, and a total
stockholders' equity of $28.4 million.
YELLOW CORP: Postpones Conversion of Chapter 11 to Chapter 7
------------------------------------------------------------
Hilary Russ of Law360 Bankruptcy Authority reports that a motion to
convert Yellow Corp.'s Chapter 11 bankruptcy to Chapter 7 was
delayed on Tuesday, July 8, 2025, after the former trucking company
said it would soon present a revised restructuring plan, nearly two
years into its bankruptcy case.
About Yellow Corporation
Yellow Corporation -- www.myyellow.com -- operates logistics and
less-than-truckload (LTL) networks in North America, providing
customers with regional, national, and international shipping
services throughout. Yellow's principal office is in Nashville,
Tenn., and is the holding company for a portfolio of LTL brands
including Holland, New Penn, Reddaway, and YRC Freight, as well as
the logistics company Yellow Logistics.
Yellow Corporation and 23 affiliates concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 23-11069) on August 6, 2023, before
the Hon. Craig T. Goldblatt. As of March 31, 2023, Yellow Corp had
$2,152,200,000 in total assets against $2,588,800,000 in total
liabilities. The petitions were signed by Matthew A. Doheny as
chief restructuring officer.
Kirkland & Ellis LLP is serving as the Company's restructuring
counsel, Pachulski Stang Ziehl& Jones LLP is serving as the
Company's Delaware local counsel, Kasowitz, Benson and Torres LLP
is serving as special litigation counsel, Goodmans LLP is serving
as the Company's special Canadian counsel, Ducera Partners LLC is
serving as the Company's investment banker, and Alvarez and Marsal
is serving as the Company's financial advisor. Epiq Bankruptcy
Solutions serves as claims and noticing agent.
Milbank LLP, serves as counsel to certain investment funds and
accounts managed by affiliates of Apollo Capital Management, L.P.
White & Case LLP, serves as counsel to Beal Bank USA.
Arnold & Porter Kaye ScholerLLP, serves as counsel to the United
States Department of the Treasury.
Alter Domus Products Corp., the Administrative Agent to the DIP
Lenders, is represented by Holland & Knight LLP.
ZEN JV: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Zen JV,
LLC and its affiliates.
The committee members are:
1. Jobverse, Inc.
Attn: Kevin McCarthy
1913 Champion Blvd.
Franklin, TN 37064
kevin@oneredcent.com
2. Textkernel B.V.
c/o Bullhorn Inc.
Attn: Chad Yohn
100 Summer Street
Boston, MA 02110
Phone: 917-701-4288
chad.yohn@bullhorn.com
3. Talroo, Inc.
Attn: Brian Henson
6433 Champion Grandview Way
Bldg 2, Suite 100
Austin, TX 78750
Phone: 512-717-0630
bhenson@talroo.com
4. Verinext Inc.
Attn: Oscar Romero
510 Township Line Road
Blue Bell, PA 19422
Phone:312-285-1496
Oscar.romero@verinext.com
5. Appcast, Inc.
Attn: Stacie Yamaguchi
10 Water Street, Suite 150
Lebanon, NH 03766
Phone: 800-570-5430
legal@appcast.io
6. Jobcase, Inc.
Timothy Johnson
201 Broadway St., 7th Floor
Cambridge, MA 02139
tjohnson@jobcase.com
7. Equinix, Inc.
Attn: Liz Vazquez
1133 Avenue of the America, 16th Floor
New York, NY 10036
Phone: 646-430-6847
lvazquez@equinix.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Zen JV LLC
Zen JV, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11195) on June 24,
2025, listing up to $100 million in assets and up to $500,000 in
liabilities. Jeff Furman, chief executive officer of Zen JV, signed
the petition.
Judge Kate Sickles oversees the case.
Zachary I. Shapiro, Esq., at Richards, Layton & Finger, P.A.,
represents the Debtor as legal counsel.
JMB Capital Partners Lending, LLC, as DIP lender, is represented
by:
Matthew B. Lunn, Esq.
Robert F. Poppiti, Jr., Esq.
Young Conaway Stargatt & Taylor, LLP
1000 North King Street
Wilmington, DE 19801
Telephone: (302) 571-6600
Facsimile: (302) 571-1253
mlunn@ycst.com rpoppiti@ycst.com
-- and --
Robert M. Hirsh, Esq.
James A. Copeland, Esq.
NORTON ROSE FULBRIGHT US LLP
1301 Avenue of the Americas
New York, NY 10019-6022
Telephone: (212) 318-3000
Facsimile: (212) 408-5100
robert.hirsh@nortonrosefulbright.com
james.copeland@nortonrosefulbright.com
[] NC Basalt Fiber Facility Up for Sale, July 31 Bid Deadline Set
-----------------------------------------------------------------
Great Neck Realty Company puts 45,780 +/- sq. ft. basalt fiber
manufacturing facility and a 7.59 +/- future development tract
adjacent to the facility, located at 119 Metrolina Drive., Shelby,
North Carolina. The deadline to submit bid for the facility is
July 31, 2025, with a minimum bid of $1,1 million. For further
information regarding the sale, contact Rob Tramantano of Great
Neck at (516) 902-9568 or Willy Lilly of Iron Horse Commercial at
(704) 985-9300.
[] ORIX to Acquire Majority Equity Stake in Hilco Global
--------------------------------------------------------
Hilco Global announced that it entered into a definitive agreement
under which ORIX Corporation USA will acquire a majority equity
stake in Hilco Global. ORIX USA, a subsidiary of the global
financial services company ORIX Group (TSE: 8591; NYSE: IX), is an
investment and asset management firm specializing in private
credit, real estate, and private equity solutions.
According to Hilco Global, "This agreement marks a significant
milestone in Hilco Global's growth, reinforcing our position as a
leading asset-focused investment management, advisory, and private
credit firm. With the additional financial flexibility and
resources provided by ORIX USA, Hilco Global will expand its asset
management, private credit, and advisory capabilities. The
partnership will also establish a new asset-based lending arm,
combining Hilco's expertise in tangible and intangible assets with
ORIX USA's capital and lending capabilities to address this growing
market opportunity. We look forward to partnering with ORIX USA to
further broaden the transactions we pursue and enhance our service
offerings."
Jeffrey Hecktman, Executive Chairman, Chief Executive Officer, and
Founder of Hilco Global, will continue to lead the company as CEO.
Hilco Global's executive leadership and partner group, including
Mr. Hecktman, will retain a minority equity ownership position.
Hilco Global will operate as a subsidiary within ORIX USA while
retaining its independent brand under the ORIX Group umbrella.
[^] 2025 Distressed Investing Conference: Registration Now Open!
----------------------------------------------------------------
Registration is now open for the 32nd Annual Distressed Investing
Conference, presented by Beard Group, Inc. This two-day affair
kicks off with the Opening Night Cocktail Reception on Dec. 2nd
from 5:00-7:00 PM and followed by the Full Day Conference on
Dec. 3rd. Venue is the Harmonie Club in New York City.
Visit https://www.distressedinvestingconference.com/ for more
information.
Contact Will Etchison, Conference Producer, at Tel: 305-707-7493 or
will@beardgroup.com for sponsorship opportunities.
Thank you to last year's conference sponsors:
The 2024 Conference Co-Chairs:
* Kirkland & Ellis, LLP, as conference co-chair; and
* Foley & Lardner LLP, as conference co-chair
The 2024 Major Sponsors:
* Davis Polk & Wardwell LLP;
* Hilco Global;
* Locke Lord LLP;
* Morrison & Foerster LLP;
* Proskauer Rose LLP;
* Skadden, Arps, Slate, Meagher & Flom LLP;
* Wachtell, Lipton, Rosen & Katz; and
* Weil, Gotshal & Manges LLP
The 2024 Patron Sponsors were:
* Katten Muchin Rosenman LLP;
* Kobre & Kim; and
* Resolution Financial Advisors
The 2024 Supporting Sponsors were:
* C Street Advisory Group;
* Development Specialists, Inc.;
* Gilbert + Tobin;
* Paul Hastings;
* RJReuter;
* Sherwood Partners, Inc.;
* SSG Capital Advisors; and
* Stein Advisors LLC
The 2024 Media Partners were:
* BankruptcyData;
* CreditSights;
* Debtwire;
* The National Law Review;
* PacerMonitor;
* Pari Passu Newsletter;
* Reorg; and
* WSJ Pro Bankruptcy
The 2024 Knowledge Partner was:
* Creditor Rights Coalition
The 2024 Conference Replays are available for Purchase at
https://www.distressedinvestingconference.com/2024-video-replays--photos.html
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Alex B. Rosenberg
Bankr. N.D. Cal. Case No. 25-50975
Chapter 11 Petition filed June 29, 2025
represented by: Lars Fuller, Esq.
THE FULLER LAW FIRM PC
In re Wayne Pitter
Bankr. D. Conn. Case No. 25-50531
Chapter 11 Petition filed June 30, 2025
In re Nicole Louise Pedroza
Bankr. N.D. Ga. Case No. 25-57303
Chapter 11 Petition filed June 30, 2025
represented by: Will Geer, Esq.
ROUNTREE LEITMAN KLEIN & GEER LLC
In re April Latrice Spencer
Bankr. N.D. Ga. Case No. 25-57260
Chapter 11 Petition filed June 30, 2025
represented by: David Dreyer, Esq.
In re Corey Duane Jacobs and Carrie Marie Jacobs
Bankr. D. Idaho Case No. 25-40416
Chapter 11 Petition filed June 30, 2025
represented by: Steven Taggart, Esq.
In re Myron Jacques Lawrence
Bankr. M.D. La. Case No. 25-10551
Chapter 11 Petition filed June 30, 2025
In re James Monroe French
Bankr. W.D.N.Y. Case No. 25-20497
Chapter 11 Petition filed June 30, 2025
represented by: M. Bessinger, Esq.
In re Charles M. Tart, Jr.
Bankr. E.D.N.C. Case No. 25-02492
Chapter 11 Petition filed June 30, 2025
represented by: JM Cook, Esq.
J.M. COOK, P.A.
E-mail: j.m.cook@jmcookesq.com
In re Janis Krueger Newman
Bankr. N.D. Tex. Case No. 25-42373
Chapter 11 Petition filed June 30, 2025
represented by: Deanna Chambers, Esq.
In re Paul Hampton Brogan and Cheryl Ann Brogan
Bankr. S.D. Tex. Case No. 25-33718
Chapter 11 Petition filed June 30, 2025
represented by: Jack Fuerst, Esq.
In re 3002 Nasa Road LLC
Bankr. S.D. Tex. Case No. 25-33737
Chapter 11 Petition filed June 30, 2025
See
https://www.pacermonitor.com/view/LPOY7KA/3002_Nasa_Road_LLC__txsbke-25-33737__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Optimized Business Trends, Inc
Bankr. S.D. Tex. Case No. 25-33753
Chapter 11 Petition filed June 30, 2025
See
https://www.pacermonitor.com/view/HPCK3MA/Optimized_Business_Trends_Inc__txsbke-25-33753__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Armellino Italian Ices Corp
Bankr. N.D. Ala. Case No. 25-70864
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/ZFN6A6Y/Armellino_Italian_Ices_Corp__alnbke-25-70864__0001.0.pdf?mcid=tGE4TAMA
represented by: Anthony Brian Bush, Esq.
THE BUSH LAW FIRM, LLC
E-mail: abush@bushlegalfirm.com
In re Anthony Osa Odiase
Bankr. C.D. Cal. Case No. 25-15583
Chapter 11 Petition filed July 1, 2025
represented by: Derrick Talerico, Esq.
In re Bengt Erik Sanner
Bankr. C.D. Cal. Case No. 25-14449
Chapter 11 Petition filed July 1, 2025
In re Earl Freddy Invest LLC
Bankr. N.D. Cal. Case No. 25-41166
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/TEFBRZA/Earl_Freddy_Invest_LLC__canbke-25-41166__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re SD Backyard, LLC
Bankr. S.D. Cal. Case No. 25-02776
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/HQNOG5A/SD_Backyard_LLC__casbke-25-02776__0001.0.pdf?mcid=tGE4TAMA
represented by: Gary B. Rudolph, Esq.
FENNEMORE LLP
Email: grudolph@fennemorelaw.com
- AND -
Lane C. Hilton, Esq.
ROBBERSON SCHROEDTER, LLP
In re Jerome David Mitchell
Bankr. M.D. Fla. Case No. 25-04094
Chapter 11 Petition filed July 1, 2025
In re Julie Danielle Freeman
Bankr. N.D. Ga. Case No. 25-57382
Chapter 11 Petition filed July 1, 2025
Filed Pro Se
In re 949 Fair Street LLC
Bankr. N.D. Ga. Case No. 25-57345
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/ZA7I7II/949_Fair_Street_LLC__ganbke-25-57345__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Eric D Herrington
Bankr. S.D. Ga. Case No. 25-40567
Chapter 11 Petition filed July 1, 2025
In re Spraytech LLC
Bankr. N.D. Ill. Case No. 25-10140
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/JAG665A/Spraytech_LLC__ilnbke-25-10140__0001.0.pdf?mcid=tGE4TAMA
represented by: David Freydin, Esq.
LAW OFFICES OF DAVID FREYDIN
E-mail: david.freydin@freydinlaw.com
In re Jay B. Rhodes, Jr.
Bankr. D. Md. Case No. 25-15997
Chapter 11 Petition filed July 1, 2025
represented by: Ronald Greene, Esq.
In re Scandia Spa Center for the Performing Arts, Inc.
Bankr. D.N.J. Case No. 25-16960
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/LB5DK3Y/Scandia_Spa_Center_for_the_Performing__njbke-25-16960__0001.0.pdf?mcid=tGE4TAMA
represented by: Erin J. Kennedy, Esq.
FORMAN HOLT
E-mail: ekennedy@formanlaw.com
In re 835 Pacific Park LLC
Bankr. E.D.N.Y. Case No. 25-43170
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/554PMIQ/835_Pacific_Park_LLC__nyebke-25-43170__0001.0.pdf?mcid=tGE4TAMA
represented by: H Bruce Bronson, Esq.
BRONSON LAW OFFICES PC
E-mail: hbbronson@bronsonlaw.net
In re Jin S. Ooi
Bankr. E.D.N.Y. Case No. 25-43176
Chapter 11 Petition filed July 1, 2025
represented by: Wayne Greenwald, Esq.
In re 1808 Frankford LLC
Bankr. E.D. Pa. Case No. 25-12664
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/U76IXEQ/1808_Frankford_LLC__paebke-25-12664__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Bellehaven Academy, Inc.
Bankr. D.S.C. Case No. 25-02508
Chapter 11 Petition filed July 1, 2025
See
https://www.pacermonitor.com/view/AX77YLA/Bellehaven_Academy_Inc__scbke-25-02508__0001.0.pdf?mcid=tGE4TAMA
represented by: Jason M. Ward, Esq.
JASON WARD LAW, LLC
E-mail: Jason@WardLawSC.com
In re 1993 Green Valley Road LLC
Bankr. N.D. Cal. Case No. 25-41169
Chapter 11 Petition filed July 2, 2025
See
https://www.pacermonitor.com/view/JAOX5WI/1993_Green_Valley_Road_LLC__canbke-25-41169__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Valmar Corp.
Bankr. D.P.R. Case No. 25-03044
Chapter 11 Petition filed July 2, 2025
See
https://www.pacermonitor.com/view/MTYCIYQ/VALMAR_CORP__prbke-25-03044__0001.0.pdf?mcid=tGE4TAMA
represented by: Homel Mercado Justiniano, Esq.
ENSANCHE MARTINEZ
E-mail: hmjlaw2@gmail.com
In re Dwan Akoi Riley
Bankr. W.D. Tenn. Case No. 25-23245
Chapter 11 Petition filed July 2, 2025
represented by: Keith Edmiston, Esq.
In re Track Barn, LLC
Bankr. N.D. Tex. Case No. 25-42441
Chapter 11 Petition filed July 2, 2025
See
https://www.pacermonitor.com/view/WGEOMNQ/Track_Barn_LLC__txnbke-25-42441__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert T DeMarco, Esq.
DEMARCO MITCHELL, PLLC
E-mail: robert@demarcomitchell.com
In re NEDCHC Inc
Bankr. D. Colo. Case No. 25-14159
Chapter 11 Petition filed July 3, 2025
See
https://www.pacermonitor.com/view/XJCEFSQ/NEDCHC_Inc__cobke-25-14159__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Denver Bouldering Club, LLC
Bankr. D. Colo. Case No. 25-14161
Chapter 11 Petition filed July 3, 2025
See
https://www.pacermonitor.com/view/CYJG2AI/Denver_Bouldering_Club_LLC__cobke-25-14161__0001.0.pdf?mcid=tGE4TAMA
represented by: David J. Warner, Esq.
WADSWORTH GARBER WARNER CONRARDY, P.C.
E-mail: dwarner@wgwc-law.com
In re American Boathouse Company LLC
Bankr. M.D. Fla. Case No. 25-04133
Chapter 11 Petition filed July 3, 2025
See
https://www.pacermonitor.com/view/RVGSR6Q/American_Boathouse_Company_LLC__flmbke-25-04133__0001.0.pdf?mcid=tGE4TAMA
represented by: Jeffrey S. Ainsworth, Esq.
BRANSONLAW, PLLC
E-mail: jeff@bransonlaw.com
In re Porcelanatto Corp.
Bankr. S.D. Fla. Case No. 25-17669
Chapter 11 Petition filed July 3, 2025
See
https://www.pacermonitor.com/view/QEUJ46I/Porcelanatto_Corp__flsbke-25-17669__0001.0.pdf?mcid=tGE4TAMA
represented by: Diego G. Mendez, Esq.
MENDEZ LAW OFFICES
E-mail: INFO@MENDEZLAWOFFICES.COM
In re Leila's Home Daycare Inc
Bankr. N.D. Ill. Case No. 25-10241
Chapter 11 Petition filed July 3, 2025
See
https://www.pacermonitor.com/view/UGJD25A/Leilas_Home_Daycare_Inc__ilnbke-25-10241__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Alla Solovyeva
Bankr. E.D.N.Y. Case No. 25-43213
Chapter 11 Petition filed July 3, 2025
See
https://www.pacermonitor.com/view/WO7QFHI/Alla_Solovyeva__nyebke-25-43213__0001.0.pdf?mcid=tGE4TAMA
represented by: Alla Kachan, Esq.
LAW OFFICES OF ALLA KACHAN, P.C.
Email: alla@kachanlaw.com
In re Orion Portfolio Management, LLC
Bankr. W.D. Pa. Case No. 25-21767
Chapter 11 Petition filed July 3, 2025
See
https://www.pacermonitor.com/view/DYFK5UY/Orion_Portfolio_Management_LLC__pawbke-25-21767__0001.0.pdf?mcid=tGE4TAMA
represented by: Brian C. Thompson, Esq.
THOMPSON LAW GROUP, P.C.
Email: bthompson@thompsonattorney.com
In re Three Chefs, Inc.
Bankr. N.D. Ill. Case No. 25-10268
Chapter 11 Petition filed July 4, 2025
See
https://www.pacermonitor.com/view/NEDJX6Q/Three_Chefs_Inc__ilnbke-25-10268__0001.0.pdf?mcid=tGE4TAMA
represented by: David Freydin, Esq.
LAW OFFICES OF DAVID FREYDIN
Email: david.freydin@freydinlaw.com
In re Wamala General Properties LLC
Bankr. D. Nev. Case No. 25-13881
Chapter 11 Petition filed July 4, 2025
See
https://www.pacermonitor.com/view/KRVK5HY/WAMALA_GENERAL_PROPERTIES_LLC__nvbke-25-13881__0001.0.pdf?mcid=tGE4TAMA
represented by: David A. Riggi, Esq.
RIGGI LAW FIRM
Email: riggilaw@gmail.com
In re OEJ Electric, LLC
Bankr. D. Ariz. Case No. 25-06142
Chapter 11 Petition filed July 6, 2025
See
https://www.pacermonitor.com/view/B4C4YII/OEJ_ELECTRIC_LLC__azbke-25-06142__0001.0.pdf?mcid=tGE4TAMA
represented by: Charles R. Hyde, Esq.
THE LAW OFFICES OF C.R. HYDE, PLC
Email: crhyde@oldpueblobankruptcy.com
In re Jonathan Bombart
Bankr. D.N.J. Case No. 25-17093
Chapter 11 Petition filed July 6, 2025
represented by: David Stevens, Esq.
SCURA, WIGFIELD, HEYER, STEVENS
& CAMMAROTA LLC
Email: dstevens@scura.com
In re Powell 1023 Corp.
Bankr. E.D.N.Y. Case No. 25-43219
Chapter 11 Petition filed July 6, 2025
See
https://www.pacermonitor.com/view/Z62I3SA/Powell_1023_Corp__nyebke-25-43219__0001.0.pdf?mcid=tGE4TAMA
represented by: Karamvir Dahiya, Esq.
DAHIYA LAW OFFICES LLC
Email: karam@dahiya.law
In re Tysons Concepts Corporation
Bankr. E.D. Va. Case No. 25-11362
Chapter 11 Petition filed July 6, 2025
See
https://www.pacermonitor.com/view/7FBS3NI/Tysons_Concepts_Corporation__vaebke-25-11362__0001.0.pdf?mcid=tGE4TAMA
represented by: John P. Forest, II, Esq.
Email: john@forestlawfirm.com
In re Markimian Adams Harris, Sr.
Bankr. N.D. Ala. Case No. 25-01987
Chapter 11 Petition filed July 7, 2025
See
https://www.pacermonitor.com/view/ROA65FQ/Markimian_Adams_Harris_Sr__alnbke-25-01987__0001.0.pdf?mcid=tGE4TAMA
In re Michael Manning and Lindsey Manning
Bankr. S.D. Ala. Case No. 25-11771
Chapter 11 Petition filed July 7, 2025
represented by: J. Garrett, Esq.
In re Oscar Avila and Yvonne Perez Avila
Bankr. C.D. Cal. Case No. 25-15722
Chapter 11 Petition filed July 7, 2025
represented by: Michael Totaro, Esq.
In re Rajiv P. Sitwala
Bankr. C.D. Cal. Case No. 25-11835
Chapter 11 Petition filed July 7, 2025
represented by: Michael Totaro, Esq.
In re State of Flux, Inc.
Bankr. N.D. Cal. Case No. 25-30541
Chapter 11 Petition filed July 7, 2025
See
https://www.pacermonitor.com/view/UR3VZGA/State_of_Flux_Inc__canbke-25-30541__0001.0.pdf?mcid=tGE4TAMA
represented by: Ryan C. Wood, Esq.
LAW OFFICES OF RYAN C. WOOD, INC.
Email: Ryan@westcoastbk.com
In re Roger Harvey Black
Bankr. D.D.C. Case No. 25-00260
Chapter 11 Petition filed July 7, 2025
represented by: Jeffery Martin, Esq.
In re Crystal And Family Capital LLC
Bankr. N.D. Ga. Case No. 25-57554
Chapter 11 Petition filed July 7, 2025
Filed Pro Se
In re Ivan Jovanoski
Bankr. N.D. Ill. Case No. 25-10322
Chapter 11 Petition filed July 7, 2025
In re Michael Longino Mitchell and April Marie Mitchell
Bankr. D. Nev. Case No. 25-50620
Chapter 11 Petition filed July 7, 2025
represented by: Kevin Darby, Esq.
In re Erslena Joyce Jacob
Bankr. E.D.N.Y. Case No. 25-72610
Chapter 11 Petition filed July 7, 2025
See
https://www.pacermonitor.com/view/ZV5FJSI/Erslena_Joyce_Jacob__nyebke-25-72610__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Incar Group, LLC
Bankr. D.P.R. Case No. 25-03067
Chapter 11 Petition filed July 7, 2025
See
https://www.pacermonitor.com/view/C7P2TZQ/INCAR_GROUP_LLC__prbke-25-03067__0001.0.pdf?mcid=tGE4TAMA
represented by: Carlos Alberto Ruiz, eSQ.
LICENCIADO CARLOS ALBERTO RUIZ LLC
Email:
carlosalbertoruizquiebras@gmail.com
In re Skyline EMS, Inc.
Bankr. S.D. Tex. Case No. 25-70188
Chapter 11 Petition filed July 7, 2025
See
https://www.pacermonitor.com/view/JLMKRQQ/Skyline_EMS_Inc__txsbke-25-70188__0001.0.pdf?mcid=tGE4TAMA
represented by: Antonio Martinez, Jr., Esq.
LAW OFFICE OF ANTONIO MARTINEZ, JR., P.C.
Email: martinez.tony.jr@gmail.com
In re Fernandez P. Enterprise LLC
Bankr. S.D. Fla. Case No. 25-17777
Chapter 11 Petition filed July 8, 2025
See
https://www.pacermonitor.com/view/KT7Q4JY/Fernandez_P_Enterprise_LLC__flsbke-25-17777__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Crown Aquisition Holding Corp.
Bankr. E.D.N.Y. Case No. 25-72634
Chapter 11 Petition filed July 8, 2025
See
https://www.pacermonitor.com/view/SVSI33A/Crown_Aquisition_Holding_Corp__nyebke-25-72634__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
*********
Monday's edition of the TCR delivers a list of indicative prices
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obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
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Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
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