250711.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Friday, July 11, 2025, Vol. 29, No. 191
Headlines
121 NORTH COMMON: Voluntary Chapter 11 Case Summary
1522 C STREET:Seeks Subchapter V Bankruptcy in D.C.
1600 WESTERN: Seeks to Hire Michael J. Flynn as Real Estate Agent
1918 CONSTANCE STREET: Seeks Subchapter V Bankruptcy in Louisiana
23ANDME HOLDING: DNA Assets Set for Sale Despite Objections
315 MANHATTAN PROPERTIES: Seeks Chapter 11 Bankruptcy in New York
315 MANHATTAN: Voluntary Chapter 11 Case Summary
5220 TROOST: To Sell Kansas Property to T53 Project for $7.5MM
604 ESPLANADE: Seeks Subchapter V Bankruptcy in Louisiana
604 ESPLANADE: Voluntary Chapter 11 Case Summary
8 BUILDINGS LLC: Voluntary Chapter 11 Case Summary
901 MERRICK ROAD: Seeks Chapter 11 Bankruptcy in New York
901 MERRICK ROAD: Voluntary Chapter 11 Case Summary
ADC AND T LLC: Case Summary & 20 Largest Unsecured Creditors
AFM MATTRESS: July 14 Deadline for Panel Questionnaires
AIO US: Plan Exclusivity Period Extended to September 8
ARC-IV LLC: Case Summary & Seven Unsecured Creditors
ARC-IV LLC: Seeks Subchapter V Bankruptcy in California
ARCHDIOCESE OF NEW ORLEANS: Hires Signal as Noticing Consultant
AUXILIARY OPERATIONS: July 14 Hearing to Use Cash Collateral
AZUL S.A.: Secures Court Okay to Proceed with Restructuring Plan
B. RILEY FINANCIAL: Revises Senior Credit Line w/ Oaktree
BLUE DUCK: Seeks to Hire Lain Faulkner & Co. as Financial Advisor
BLUE DUCK: Seeks to Hire Munsch Hardt Kopf & Harr as Counsel
BROADWAY REALTY: Hires Weil Gotshal & Manges LLP as Attorney
BROADWAY REALTY: Seeks to Tap FTI Consulting as Financial Advisor
BUFNY II ASSOCIATES: 7 New York Properties Up for Sale on July 29
CAREERBUILDER + MONSTER: Chapell Hired to Monitor Asset Sale
CELESTIAL PRODUCTS: To Sell Non-Cash Property to Hatch Chili Store
CHARTER SCHOOL: Gets Interim OK to Obtain DIP Loan From East West
CK BUILDERS: Seeks to Tap Langley & Banack as Bankruptcy Counsel
CLAIRE'S STORES: Considers Possible Bankruptcy for U.S. Operations
CMC ADVERTISING: Seeks to Hire Diller and Rice as Legal Counsel
CRYSTAL BASIN: Hires Folsom Hall Investors Inc. as Realtor
CTLC LLC: To Sell Howard Property to Isaac Birmingham for $2.6MM
DECCURE GROUP: Seeks Chapter 11 Bankruptcy in Florida
DEL MONTE: Wins Interim OK for DIP Loans from Wilmington, JPMorgan
DELTA QUAD: Hires Bankruptcy Law Center as Legal Counsel
DIAMOND COMIC: TwoMorrows Objects to Bankruptcy Stock Liquidation
DIOCESE OF SAN DIEGO: Jeff Anderson Updates List of Abuse Claimants
DON ENTERPRISES: Taps Howard Hanna Real Estate Services as Broker
DOS LAGOS: Hires Weintraub Zolkin Talerico & Selth as Counsel
DRIVERTECH LLC: Case Summary & 20 Largest Unsecured Creditors
DRIVERTECH LLC: Seeks Chapter 11 Bankruptcy in Utah
EXACTECH INC: Examiner Hires Sawyer & Nelson P.A. as Counsel
FERNANDEZ P. ENTERPRISE: Seeks Chapter 11 Bankruptcy in Florida
FORTRESS INTERMEDIATE: S&P Affirms 'B' ICR on Refinancing
FRED RAU: Gets OK to Use Cash Collateral Until July 31
FTX TRADING: To Eliminate Broad Future Claims to Protect Resources
FUSION SPONSOR: Del. Chancery Court to Approve $12.75M Settlement
GENESIS HEALTHCARE: Case Summary & 30 Largest Unsecured Creditors
GENESIS HEALTHCARE: Receives Stalking Horse Offer From ReGen
GENESIS HEALTHCARE: Seeks Chapter 11 Bankruptcy in Texas
GIANT WASH: Hires Dickinson Bradshaw Fowler & Hagen as Counsel
GIANT WASH: Hires Franklin Capital Advisors as Financial Advisor
GRAY MEDIA: S&P Rates New Senior Secured Second-Lien Notes 'CCC'
GREEN TERRACE: Trustee Hires Development Specialists as Accountant
HARVEST SHERWOOD: Committee Hires McDermott Will as Counsel
HARVEST SHERWOOD: Committee Hires Province as Financial Advisor
HERSHEY CHAN: Seeks to Hire Northgate Real Estate Group as Advisor
HIDDEN PATH: Gets Interim OK to Use Cash Collateral
HIGHER GROUND: U.S. Trustee Appoints Creditors' Committee
HO WAN KWOK: New Jersey Mansion Belongs to Debtor, Court Says
HOT CRETE: Creditors to Get Proceeds From Liquidation
HOTEL COMMERCE: Seeks Chapter 11 Bankruptcy in Nebraska
ICORECONNECT INC: Hires Bhavsar Law Group as Immigration Counsel
INNOVATIVE NURSING: Court Closes Subchapter V Bankruptcy Case
INTEGRAL EXPRESS: Seeks to Hire Gutnicki LLP as Bankruptcy Counsel
INTEGRAL EXPRESS: Seeks to Tap David Freydin as Bankruptcy Counsel
IOK TECHNOLOGY: Gets OK to Use Cash Collateral Until July 31
IOK TECHNOLOGY: Seeks to Hire KC Cohen Lawyer PC as Counsel
JAL OUTLET: Hires Charles A. Cuprill P.S.C. as Counsel
JILL'S OFFICE: Gets Final OK to Use Cash Collateral Until Sept. 30
JILL'S OFFICE: Seeks to Hire Holyoak & Co. as Accountant
JTI-MACDONALD CORP: Chapter 15 Case Summary
JUBILEE HILLTOP: Hires Spence Custer Saylor as Counsel
KALEIDOSCOPE SCHOOL: Wins Interim Cash Collateral Access
KNOWBE4 INC: S&P Assigns 'B-' ICR on Debt Refinancing
KUBERA HOTEL: Seeks Court Approval to Tap Ryan C. Wood as Counsel
LAID RIGHT: Gets Third Interim OK to Use Cash Collateral
LASEN INC: Gets Interim OK to Use Cash Collateral
LAWTON LLC: Voluntary Chapter 11 Case Summary
LEISURE INVESTMENTS: Says Former Execs Defy Court Orders
LEXINGTON BLUE: Seeks to Hire Dennery PLLC as Bankruptcy Counsel
LINDA FLORA: Seeks Chapter 11 Bankruptcy in California
LINDA FLORA: Voluntary Chapter 11 Case Summary
LINQTO TEXAS: Gets Interim OK to Obtain DIP Loan From Sandton
LINQTO TEXAS: Users Accuse Founder of Violating Securities Laws
LPB MHC: Farmers State Bank Loses Summary Judgment Bid
LYNDA TRANSPORTATION: Seeks Chapter 11 Bankruptcy in Illinois
LYNDA TRANSPORTATION: Voluntary Chapter 11 Case Summary
MARVEL LIGHTING: Hires Richey Mills as Financial Advisor
MEYER BURGER: U.S. Trustee Appoints Creditors' Committee
MINORTICO REALTY: Case Summary & Nine Unsecured Creditors
MINORTICO REALTY: Seeks Chapter 11 Bankruptcy with $16.6MM Debt
MOSAIC COMPANIES: Case Summary & 30 Largest Unsecured Creditors
MSB TRUST: Seeks Chapter 11 Bankruptcy in Utah
MTE LLC: Cash Today Seeks Emergency Appointment of Receiver
NATURAL STATE: Hires Honey Law Firm P.A. as Attorneys
NHC INVESTMENTS: Section 341(a) Meeting of Creditors on August 14
NOBLE LIFE: Hires Scarlett & Croll PA as Bankruptcy Counsel
OCEAN FIVE: Seeks Approval to Hire Alvin L. Hagerich as Accountant
OCEAN FIVE: Seeks Approval to Hire Meyer & Nunez as Legal Counsel
OCEAN FIVE: Seeks Court Approval to Tap Blue Sky Miami as Manager
OFFSHORE SAILING: Seeks to Hire Williamson Law Firm as Counsel
PALWAUKEE HOSPITALITY: Plan Exclusivity Extended to Sept. 30
PITT STOP: Seeks to Hire Kasen & Kasen as Bankruptcy Counsel
PPS PROPERTY: Section 341(a) Meeting of Creditors on August 13
PPS PROPERTY: To Sell Plainfield Property to R. Padron for $750K
PRESCART CORP: Gets Final OK to Use Cash Collateral
PROSOURCE MACHINERY: Seeks to Extend Plan Exclusivity to Sept. 29
PROSPECT MEDICAL: Seeks to Hire KPMG as Tax Consulting Advisor
PUERTO RICO: Oversight Board Rejects $20B New Fortress Deal
R & L HANDYMAN: Hearing to Use Cash Collateral Set for July 15
RCB ENTERPRISES: Seeks Subchapter V Bankruptcy in Michigan
REDSTONE BUYER: S&P Downgrades ICR to 'CCC-' on Ongoing Cash Burn
RETILE LLC: Seeks Chapter 11 Bankruptcy in Delaware
RIVER FALL: Seeks to Hire OPAC Group as Broker
ROGUE SMOOTHIES: Gets OK to Use $79K in Cash Collateral
S&G HOSPITALITY: Seeks Cash Collateral Access Until Sept. 30
SAKS GLOBAL: S&P Cuts ICR to 'CC' on Proposed Debt Restructuring
SCANROCK OIL: Ch. 11 Plan Disclosure Delayed Over Improper Notice
SCHULTE INC: Seeks Cash Collateral Access
SHILO INN IDAHO FALLS: Gets Extension to Access Cash Collateral
SOUTH BROADWAY: Trustee Files Liquidating Plan
SUNNOVA ENERGY: Hires Alvarez & Marsal as Restructuring Advisor
SUNNOVA ENERGY: Hires Moelis & Company LLC as Investment Banker
SUNNOVA ENERGY: Receives $7MM Offer for Service Division
SUNNOVA ENERGY: Seeks Approval to Tap Province as Financial Advisor
SUNNOVA ENERGY: Seeks to Hire Kirkland & Ellis as Legal Counsel
SUNNOVA ENERGY: Seeks to Hire Kobre & Kim as Special Counsel
SUNNOVA ENERGY: Taps Bracewell as Co-Counsel and Conflicts Counsel
SURVWEST LLC: Gets Final OK to Use Cash Collateral Until Oct. 5
SWEET TRUCKING: Court OKs Final Use of Cash Collateral
SYNERGY MEDICAL: Gets Interim OK to Use Cash Collateral
SYNERGY MEDICAL: Seeks to Tap Bruner Wright as Bankruptcy Counsel
TAC & J: Seeks Chapter 11 Bankruptcy in Texas
TARAH THAI: Seeks to Use Cash Collateral
TBTOG DEVELOPMENT: Taps Hilco as Real Estate Broker and Consultant
TERRA LAKE: Trustee Seeks to Hire YIP Associates as Accountant
THASSOS INC: Seeks to Hire Konstantine Sparagis as Legal Counsel
THRASIO HOLDINGS: S&P Cuts ICR to D on Capital Structure Amendment
TIFARET DISCOUNT: Seeks Chapter 11 Bankruptcy in New York
TIFARET DISCOUNT: Voluntary Chapter 11 Case Summary
TOMS RIVER REGIONAL: Bonds Rating Slashed After Bankruptcy Warning
TUPPERWARE BRANDS: $22MM Investor Settlement Hits Court Snag
TXMV2017 LLC: Files Amendment to Disclosure Statement
UFP HOLDING I: Seeks Chapter 11 Bankruptcy in New York
UFP HOLDING: Voluntary Chapter 11 Case Summary
UNIFIED SCIENCE: U.S. Trustee Appoints Creditors' Committee
VEGAS TREASURES: Hires Larson & Zirzow as Bankruptcy Counsel
VELOCITY ESPORTS: Hires Nevada Bankruptcy Attorneys as Counsel
VELOCITY ESPORTS: Seeks to Hire First Choice as Broker
VILLAGES HEALTH: Receives $39MM DIP Prelim Court Approval
VILLAS AT 79TH: Seeks to Hire Stinson LLP as Counsel
WELLPATH HOLDINGS: Court Tosses Remaining Claims in Santana Lawsuit
WESTJET AIRLINES: S&P Alters Outlook to Negative, Affirms 'B' ICR
WILCOV HOLDINGS: Hires Cone Commercial Real Estate as Realtor
WILCOV HOLDINGS: Seeks Approval to Tap Ginnett Zabala as Accountant
WOLFSPEED INC: Gets Interim OK to Use Cash Collateral
WOLFSPEED INC: Seeks to Hire Epiq as Claims and Noticing Agent
WOODCREST CONDOMINIUMS: Seeks Chapter 11 Bankruptcy in D.C.
WOODHILL NC: Gets Interim OK to Use Cash Collateral
WORLD BRANDS: Hires Branch Creek Capital Inc. as Accountant
WW INTERNATIONAL:S&P Assigns 'B-' ICR on Emergence From Bankruptcy
XYZ HOME: Ch. 11 Affiliate Taps Keller Williams Realty as Broker
YELLOW CORP: Sells 4 Terminals for $3.95 Million
[] Bankrupt US Small Firms Bound by Debt Discharge Limitations
[] Bankruptcies Led to Closure of About 350 Restaurants in 2024
[] BOOK REVIEW: Bendix-Martin Marietta Takeover War
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121 NORTH COMMON: Voluntary Chapter 11 Case Summary
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Debtor: 121 North Common LLC
121 North Common Street
Lynn MA
Business Description: 121 North Common LLC owns and operates a
residential lodging facility located in
Lynn, Massachusetts. The Company provides
housing accommodations in a multi-unit
property at 121 North Common Street.
Chapter 11 Petition Date: July 8, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-11409
Debtor's Counsel: Michael Walsh, Esq.
WALSH & WALSH
PO Box 9
Lynnfield MA 01960
Tel: 617-257-5496
E-mail: walsh.lynnfield@gmail.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by William Fletcher as manager.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/P7RWE2Y/121_North_Common_LLC__mabke-25-11409__0001.0.pdf?mcid=tGE4TAMA
1522 C STREET:Seeks Subchapter V Bankruptcy in D.C.
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1522 C Street, LLC, a real estate firm based in Upper Marlboro,
Maryland, has filed for Chapter 11 bankruptcy protection in the
District of Columbia. While the company is classified under NAICS
code 5311 -- real estate -- the filing does not provide specific
information about its properties or business operations, RK
Consultants reported.
The company is seeking relief under Subchapter V as a small
business debtor, reporting estimated assets and liabilities each
between $1 million and $10 million. The petition, signed by
Managing Member Anthony Whitehead, was filed on July 9, 2025.
According to the filing, no funds will be available for unsecured
creditors after administrative expenses are paid. The company lists
between 1 and 49 creditors, indicating a relatively modest-scale
operation.
About 1522 C Street LLC
1522 C Street LLC is a real estate company based in Upper Marlboro,
Maryland.
1522 C Street LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.C. Case No. 25-00264) on July
9, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
The Debtor's Bankruptcy Counsel is The Weiss Law Group and tern &
Eisenberg Mid-Atlantic, PC as Legal Counsel.
1600 WESTERN: Seeks to Hire Michael J. Flynn as Real Estate Agent
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1600 Western Venture LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to employ Michael
Flynn, chief operating officer of Hiffman Shaffer Associates, Inc.,
doing business as Nai Hiffman, as real estate agent.
The Debtor needs a real estate agent to sell commercial/industrial
properties located at 2443 and 2444 W. 16th Street, Chicago,
Illinois.
The real estate agent will be compensated as follows:
(a) a commission of 2.75 percent of the properties' gross
purchase price up to and including $14 million;
(b) a commission of 2.5 percent of the properties' gross
purchase price above $14 million;
(c) a commission equal to 1.5 percent of the gross loan
proceeds;
(d) in the event that the owner leases the property to a
tenant procured by the broker during the term of this agreement or
under the terms and conditions of and during the expiration
provision period described above, the owner shall pay broker a
lease commission on execution of a lease. The commission shall be 4
percent of the total gross rent obligation reserved in the lease,
including escalations which can be determined at the outset of the
transaction.
Mr. Flynn disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The real estate agent can be reached at:
Michael J. Flynn
Nai Hiffman
One Oakbrook Terrace, Suite 400
Oakbrook Terrace, IL 60181
Telephone: (630) 691-0600
Email: mflynn@hiffman.com
About 1600 Western Venture LLC
1600 Western Venture LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08821) on June
10, 2025. In the petition signed by Dorothy Flisk, managing member,
the Debtor disclosed up to $50 million in assets and up to $10
million in liabilities.
Judge Jacqueline P. Cox oversees the case.
Penelope Bach, Esq., at Bach Law Offices represents the Debtor as
legal counsel.
1918 CONSTANCE STREET: Seeks Subchapter V Bankruptcy in Louisiana
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On July 9, 2025, 1918 Constance Street filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Eastern District of Louisiana.
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 1918 Constance Street
1918 Constance Street is a New Orleans-based construction entity
likely involved in residential building construction (NAICS 2361).
1918 Constance Street sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-11438)
on July 9, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
The Debtors are represented by Patrick S. Garrity, Esq. at The
Derbes Law Firm, LLC.
23ANDME HOLDING: DNA Assets Set for Sale Despite Objections
-----------------------------------------------------------
Randi Love of Bloomberg Law reports that a federal district judge
has cleared the way for 23andMe Holding Co. to proceed with the
sale of its genetic material assets, despite objections from the
state of California.
The U.S. District Court for the Eastern District of Missouri had
temporarily paused the sale on July 7, 2025 following a bankruptcy
judge's decision to reject California's request for a stay.
However, during a hearing Thursday, July 10, 2025, District Judge
Matthew T. Schelp ruled that California failed to show the
bankruptcy court had abused its discretion in approving the $305
million deal, according to the report.
Judge Schelp extended the temporary pause until 11:59 p.m. on July
11 to give California time to appeal to the Ninth Circuit.
The sale, approved in late June by Bankruptcy Judge Brian C. Walsh,
involves the nonprofit TTAM Research Institute and 23andMe
co-founder Anne Wojcicki. Several states, including California,
objected to the deal on privacy grounds.
Judge Schelp questioned California's legal standing, stating the
state hadn't demonstrated direct harm. He also rejected arguments
that the transaction would violate California's Genetic Information
Privacy Act, noting that residents still have the ability to
permanently delete their genetic data.
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.
315 MANHATTAN PROPERTIES: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------------------
On July 9, 2025, 315 Manhattan Properties LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of New York. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About 315 Manhattan Properties LLC
315 Manhattan Properties LLC is a single asset real estate company
that owns and manages property in Harlem, New York.
315 Manhattan Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11531) on July
9, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Michael E. Wiles handles the case.
The Debtors are represented by Eric H. Horn, Esq. at A.Y. Strauss.
315 MANHATTAN: Voluntary Chapter 11 Case Summary
------------------------------------------------
Debtor: 315 Manhattan Properties LLC
138 West 127th Street
New York, NY 10027
Business Description: 315 Manhattan Properties LLC owns a single
real estate asset located at 315 West 121st
Street in New York, NY. The Company
operates as a single-asset real estate
entity, as defined in 11 U.S.C. Section
101(51B).
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-11531
Judge: Hon. Michael E Wiles
Debtor's Counsel: Eric H. Horn, Esq.
A.Y. STRAUSS LLC
290 West Mount Pleasant Avenue
Suite 3260
Livingston, NJ 07039
Tel: 973-287-5006
E-mail: ehorn@aystrauss.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Bradley Simmons as sole member.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FQ2CASQ/315_Manhattan_Properties_LLC__nysbke-25-11531__0001.0.pdf?mcid=tGE4TAMA
5220 TROOST: To Sell Kansas Property to T53 Project for $7.5MM
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5220 Troost, LLC, seeks permission from the U.S. Bankruptcy Court
for the Western District of Missouri to sell commercial building,
free and clear of liens, claims, and encumbrances.
The Debtor owns certain real estate at 5220 Troost Avenue, Kansas
City, Jackson County, Missouri.
The Debtor wants aims to sell the property free and clear of all
liens and the mortgage lien shall attach to the proceeds. Community
National Bank (CNB) has a mortgage lien against the Property and
all net proceeds will be paid to CNB.
The Debtor enters into a Purchase Agreement, dated June 23, 2025,
to sell the Property to T53 Project, LLC, a Missouri Limited
Liability Company for the purchase price of $7,500,000.
The current members of T53 Project, LLC, are Steven Foutch, Jackson
Foutch, Honor Foutch and Nick Rhude. Steven Foutch is speaking with
three other individuals who are very interested in acquiring
memberships in the T53 Project, LLC.
The Debtor has had the Property listed for sale and has had a
number of interested Buyers. In the fall of 2024, the Curators of
University of Missouri offered $4,800,000 on August 28, 2024,
through a Letter of Intent. On October 31, 2024, Lars M. Larsson
provided a Letter of Intent for $5,500,000. On or about February 3,
2025, Nine Line Investments, LLC submitted a contract to purchase
the Property for $7,300,000. There have been other interested
parties at the $7,500,000 price but none have presented contracts.
Thus, the Debtor believes that the purchase price of $7,500,000 is
a fair and reasonable price and the maximum price that Debtor can
expect to receive in the foreseeable future.
The Debtor requests that the Court grants the motion to sell the
property, free and clear of liens as set forth in the motion.
About 5220 Troost, LLC
5220 Troost, LLC, owns a residential rental building for college
students or VA individuals, having an appraised value of $9.96
million.
5220 Troost filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. W.D. Mo. Case No. 24-50075) on
March 6, 2024, listing $12,189,906 in assets and $8,456,350 in
liabilities. The petition was signed by Steven Foutch as managing
member of 5220 Troost Manager LLC, member of Debtor.
Judge Cynthia A. Norton presides over the case.
Erlene W. Krigel, Esq., at Krigel & Krigel, PC, represents the
Debtor as counsel.
604 ESPLANADE: Seeks Subchapter V Bankruptcy in Louisiana
---------------------------------------------------------
On July 9, 2025, 604 Esplanade LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Eastern District of Louisiana.
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 604 Esplanade LLC
604 Esplanade LLC is a real estate company that appears to own or
manage property at 604 Esplanade Street in New Orleans, Louisiana.
604 Esplanade LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-11439) on
July 9, 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 Meredith S. Grabill handles the case.
The Debtors are represented by Ryan James Richmond, Esq. at
Sternberg, Naccari & White, LLC.
604 ESPLANADE: Voluntary Chapter 11 Case Summary
------------------------------------------------
Debtor: 604 Esplanade, LLC
620 Decatur Street
Apt. E
New Orleans, LA 70130
Business Description: 604 Esplanade, LLC is a real estate company
that owns property located at 604 Esplanade
Street in New Orleans, Louisiana.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Eastern District of Louisiana
Case No.: 25-11439
Debtor's Counsel: Ryan J. Richmond, Esq.
STERNBERG, NACCARI & WHITE, LLC
450 Laurel Street
Suite 1450
Baton Rouge, LA 70801
Tel: (225) 412-3667
E-mail: ryan@snw.law
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by Jonathan Weber as manager.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7YBMIYA/604_Esplanade_LLC__laebke-25-11439__0001.0.pdf?mcid=tGE4TAMA
8 BUILDINGS LLC: Voluntary Chapter 11 Case Summary
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Debtor: 8 Buildings LLC
1575 Galena St Apt C105
Aurora, CO 80010
Business Description: 8 Buildings LLC is a single-asset real
estate debtor, as defined in 11 U.S.C.
Section 101(51B).
Chapter 11 Petition Date: July 8, 2025
Court: United States Bankruptcy Court
District of Colorado
Case No.: 25-14224
Judge: Hon. Joseph G Rosania Jr
Debtor's Counsel: Jeffrey A. Weinman, Esq.
ALLEN VELLONE WOLF HELFRICH & FACTOR, P.C.
1600 Stout Street
1900
Denver, CO 80202
Tel: 303-534-4499
Email: jweinman@allen-vellone.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Randel Lewis, who serves as Manager of
Foundation Ltd., which in turn manages 8 Buildings LLC.
A copy of the Debtor's list of five unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/6ENFXOI/8_Buildings_LLC__cobke-25-14224__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Z3VLMQQ/8_Buildings_LLC__cobke-25-14224__0001.0.pdf?mcid=tGE4TAMA
901 MERRICK ROAD: Seeks Chapter 11 Bankruptcy in New York
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On July 9, 2025, 901 Merrick Road LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Eastern District of New York.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About 901 Merrick Road LLC
901 Merrick Road LLC is a single asset real estate company that
owns property located at 901 Merrick Road in Copiague, New York.
901 Merrick Road LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43271) on July 9,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtors are represented by Erica Feynman Aisner, Esq. at Kirby
Aisner & Curley LLP.
901 MERRICK ROAD: Voluntary Chapter 11 Case Summary
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Debtor: 901 Merrick Road LLC
20 Ocean Court
Brooklyn, NY 11223
Business Description: 901 Merrick Road LLC is a single-asset real
estate company that owns the property
located at 901 Merrick Road, Copiague, New
York.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-43271
Judge: Hon. Elizabeth S Stong
Debtor's Counsel: Erica Aisner, Esq.
KIRBY AISNER & CURLEY LLP
700 Post Road
Suite 237
Scarsdale, NY 10583
E-mail: eaisner@kacllp.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Rubin Margules as authorized signatory.
The Debtor failed to include a list of its 20 largest unsecured
creditors in the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NKY7OEA/901_Merrick_Road_LLC__nyebke-25-43271__0001.0.pdf?mcid=tGE4TAMA
ADC AND T LLC: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: ADC and T LLC
d/b/a BIG Game
3303 Agate Trail
Forney, TX 75126
Business Description: ADC and T LLC, doing business as BIG Game,
provides transportation and logistics
services, including hauling operations
involving trucks, trailers, and heavy
equipment. The Company operates in Texas
and serves sectors such as construction,
aggregates, or oilfield services.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-32569
Debtor's Counsel: Joyce Lindauer, Esq.
JOYCE W. LINDAUER ATTORNEY, PLLC
117 S. Dallas St.
Ennis TX 75119
Tel: (972) 503-4033
E-mail: joyce@joycelindauer.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Aubrey Deckard as owner.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/MG2TVWI/ADC_and_T_LLC__txnbke-25-32569__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/PZ4GBFY/ADC_and_T_LLC__txnbke-25-32569__0001.0.pdf?mcid=tGE4TAMA
AFM MATTRESS: July 14 Deadline for Panel Questionnaires
-------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of AFM Mattress Company
LLC.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/55r5te2d and return by email it to
Joseph McMahon -- joseph.mcmahon@usdoj.gov -- at the Office of the
United States Trustee so that it is received no later than 4:00
p.m., on Monday, July 14, 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 AFM Mattress Company LLC
AFM Mattress Company LLC, doing business as American Mattress, a
retail mattress company based in Elk Grove Village, Illinois.
AFM Mattress Company LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11288) on July 6, 2025.
In its petition, the Debtor reported estimated assets and
liabilities of $1 million to $10 million each.
The Debtor is represented by Maria Aprile Sawczuk, Esq. at
Goldstein & McClintock LLLP.
AIO US: Plan Exclusivity Period Extended to September 8
-------------------------------------------------------
Judge Craig T. Goldblatt of the U.S. Bankruptcy Court for the
District of Delaware extended AIO US, Inc. and its debtor
affiliates' exclusive periods to file a plan of reorganization and
obtain acceptance thereof to September 8 and November 10, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtors explain that
they seek a further ninety-day extension of the Exclusive Periods
so as not to disrupt the progress made with the Creditors'
Committee and Insurance Companies and confirm a plan that maximizes
value for all creditors. Allowing another party to file a competing
plan at this time is likely to derail negotiations, lead to less
favorable plan terms for creditors, create unnecessary complexity
and delay, and result in significant additional professional fees,
increasing administrative expenses and lowering recoveries for
creditors.
The Debtors claim that they have devoted significant time and
resources to progressing these chapter 11 cases. The Debtors expect
to reach confirmation and consummate the Plan on or around their
scheduled hearing on July 21, 2025 and make distributions shortly
thereafter. A further extension of the Exclusive Periods is
warranted to allow the Debtors to achieve these goals without the
interference of a competing chapter 11 plan.
The Debtors assert that they have put forth a chapter 11 plan that
fairly and equitably distributes the Debtors' remaining assets to
their various creditor constituencies. This is particularly
complicated in chapter 11 cases such as these where the Debtors
face substantial mass tort liabilities and seek to confirm a plan
that will administer hundreds of potential Talc Claims through
complex trust distribution procedures. Accordingly, the Debtors
believe the size and complexity of these chapter 11 cases warrant
the extension of the Exclusive Periods requested herein.
The Debtors' Counsel:
Zachary I. Shapiro, Esq.
Mark D. Collins, Esq.
Michael J. Merchant, Esq.
David T. Queroli, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
Tel: (302) 651-7700
E-mail: collins@rlf.com
merchant@rlf.com
shapiro@rlf.com
queroli@rlf.com
- and -
Ronit J. Berkovich, Esq.
Matthew P. Goren, Esq.
Alejandro Bascoy, Esq.
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Tel: (212) 310-8000
E-mail: ronit.berkovich@weil.com
matthew.goren@weil.com
alejandro.bascoy@weil.com
About AIO US, Inc.
AIO US Inc., Avon Products Inc. and some of its affiliates are
manufacturers and marketers of beauty, fashion, and home products
with operations and customers across the globe.
AIO US and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 24-11836) on
Aug. 12, 2024. In the petition filed by Philip J. Gund as chief
restructuring officer, AIO US disclosed $1 billion to $10 billion
in assets and debt.
Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP are
counsel to the Debtors. Ankura Consulting Group LLC serves as
restructuring advisor to the Debtors. Rothschild & Co US Inc is the
Debtors' investment banker and financial advisor. Epiq Corporate
Restructuring LLC acts as claims and noticing agent to the Debtors.
ARC-IV LLC: Case Summary & Seven Unsecured Creditors
----------------------------------------------------
Debtor: ARC-IV, LLC
3808 Beverly Ridge Drive
Sherman Oaks, CA 91423
Business Description: ARC-IV, LLC owns a single-family residential
property located at 3808 Beverly Ridge Drive
in Sherman Oaks, California.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-11215
Judge: Hon. Martin R. Barash
Debtor's Counsel: Michael Jay Berger, Esq.
LAW OFFICES OF MICHAEL JAY BERGER
9454 Wilshire Boulevard, 6th Floor
Beverly Hills, CA 90212
Tel: (310) 271-6223
Fax: (310) 271-9805
Email: michael.berger@bankruptcypower.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Brian M. Cronin as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's seven unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6QWRCBA/ARC-IV_LLC__cacbke-25-11215__0001.0.pdf?mcid=tGE4TAMA
ARC-IV LLC: Seeks Subchapter V Bankruptcy in California
-------------------------------------------------------
On July 9, 2025, ARC-IV LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Central District of California.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About ARC-IV LLC
ARC-IV LLC is a limited liability company based in Sherman Oaks,
California.
ARC-IV LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11215) on July
9, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by the Law Offices of Michael Jay
Berger.
ARCHDIOCESE OF NEW ORLEANS: Hires Signal as Noticing Consultant
---------------------------------------------------------------
The Roman Catholic Church of the Archdiocese of New Orleans seeks
approval from the U.S. Bankruptcy Court for the Eastern District of
Louisiana to employ Signal Interactive Media as expert noticing
consultant.
The firm will provide these services:
(a) design and implement the plan and bar date noticing
program;
(b) expert consulting services, an expert report, and expert
testimony in connection with the plan and bar date noticing
program, and any contested matters, adversary proceedings, and/or
any other litigation that may arise with regards to the plan and
bar date noticing program;
(c) assist with the preparation of affidavits or declarations,
and briefing in this Chapter 11 case concerning the issues for
which Signal is providing expert consulting services and testimony;
and
(d) prepare for and provide court testimony regarding the
issues for which Signal is providing expert consulting services and
expert testimony and consulting with the plan proponents' counsel
regarding court testimony of any other interested party's witnesses
concerning the plan and the bar date noticing program.
The firm will be paid at these hourly rates:
Notice Experts $700
Project Managers $375
Media Planners $375
In addition, the firm will seek reimbursement for expenses
incurred.
Shannon Wheatman, a member at Signal Interactive Media, 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:
Shannon Wheatman
Signal Interactive Media
401 W Town St., # B
Colombus, OH 43215
About Roman Catholic Church of
The Archdiocese Of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in
need,including those affected by hurricanes, floods, natural
disasters, war, civil unrest, plagues, epidemics, and illness.
Currently, the archdiocese's geographic footprint occupies over
4,200 square miles in southeast Louisiana and includes eight civil
parishes: Jefferson, Orleans, Plaquemines, St. Bernard, St.
Charles, St. John the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
AUXILIARY OPERATIONS: July 14 Hearing to Use Cash Collateral
------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Indiana,
Indianapolis Division is set to hold a hearing on July 14 to
consider another extension of Auxiliary Operations Resource, Inc.'s
authority to use cash collateral.
The Debtor's authority to utilize cash collateral pursuant to the
court's July 10 interim order expires on July 14.
The interim order authorized the Debtor to use up to $500,000 in
cash collateral for the interim period in accordance with the
budget it filed with the court.
The interim order granted interest holders first and priority
replacement liens on post-petition cash collateral and other
post-petition assets of the Debtor, with the same priority and
extent as their pre-bankruptcy liens.
The Debtor has identified several secured creditors with potential
claims on its cash collateral, including:
1. Internal Revenue Service: $1,626,757in filed tax liens
2. Indiana Department of Revenue: $692,606 in warrants
3. Indiana Department of Workforce Development: $741,697 in
warrants
4. Small Business Administration: $150,000 UCC-1 filing
The total known asserted claims exceed $3.2 million, though the
Debtor notes these amounts may be overstated due to ongoing
payments and missed withholdings. A detailed analysis of lien
validity, priority, and extent is still pending.
Because all liens were filed within a similar timeframe, and lien
filings are numerous and complex, the Debtor cannot yet determine
the precise order of priority among the lienholders.
About Auxiliary Operations Resource Inc.
Auxiliary Operations Resource Inc., also known as Aux-Ops, is a
warehousing and logistics services provider based in Plainfield,
Indiana. The company operates in the transportation and warehousing
industry, primarily providing general warehousing and storage
services as indicated by its NAICS code 493110. The company has
multiple facilities in Indiana and works with various staffing
agencies to support its operations.
Auxiliary Operations Resource Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-03727) on
June 2, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge James M. Carr handles the case.
The Debtors are represented by Jeffrey M. Hester, Esq. at Hester
Baker Krebs LLC.
AZUL S.A.: Secures Court Okay to Proceed with Restructuring Plan
----------------------------------------------------------------
Danielle Chaves of Bloomberg News reports that the U.S. court
overseeing the company's financial restructuring has granted final
approval for all of its petitions, Azul said in a recent filing.
According to the company, the approvals allow the restructuring
process to move forward as planned and keep it on track for a
successful outcome. At least one additional court hearing is
expected later this July 2025 to address outstanding approvals.
About Azul S.A.
Azul S.A. (B3: AZUL4, NYSE: AZUL), the largest airline in Brazil by
number of flight departures and cities served, offers 900 daily
flights to over 150 destinations. With an operating fleet of over
200 aircrafts and more than 15,000 Crewmembers, the Company has a
network of 300 non-stop routes. Azul was named by Cirium (leading
aviation data analysis company) as the most on-time airline in the
world in 2023. In 2020, Azul was awarded best airline in the world
by TripAdvisor, the first time a Brazilian flag carrier earned the
number one ranking in the Traveler's Choice Awards. On the Web:
http://www.voeazul.com.br/imprensa
On May 28, 2025, Azul S.A. and 19 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 25-11176).
The cases are pending before Judge Sean H. Lane.
The Company is supported by Davis Polk & Wardwell LLP, White & Case
LLP, and Pinheiro Neto Advogados as legal counsel; FTI Consulting
as financial advisor; Guggenheim Securities, LLC as investment
banker; SkyWorks Capital LLC as fleet advisor; and FTI Consulting,
C Street Advisory Group, and MassMedia as strategic communications
advisors. Stretto is the claims agent.
The Participating Lenders are supported by Cleary Gottlieb Steen &
Hamilton LLP and Mattos Filho as legal counsel and PJT Partners as
investment banker.
United Airlines is supported by Hughes Hubbard & Reed LLP and
Sidley Austin LLP as legal counsel and Barclays Investment Bank as
investment banker.
American Airlines is supported by Latham & Watkins LLP as legal
counsel.
AerCap is supported by Pillsbury Winthrop Shaw Pittman LLP as legal
Counsel.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Azul S.A.
and its affiliates.
B. RILEY FINANCIAL: Revises Senior Credit Line w/ Oaktree
---------------------------------------------------------
Chakradhar Adusumilli of Bloomberg News reports that B. Riley
Financial has amended its senior secured credit agreement with
Oaktree Capital, enhancing its operational flexibility.
The revised terms include a new $100 million investment basket for
transactions utilizing B. Riley's balance sheet, and an increase in
the parent company investment basket to $30 million from $20
million, according to the report.
The amendment also permits the use of up to $25 million in cash to
pay down other debt. However, it does not allow for any additional
borrowings under the facility. The outstanding balance has been
reduced to $62.5 million, the report states.
About B. Riley Financial
B. Riley Financial, Inc. -- http://www.brileyfin.com/-- is a
diversified financial services company that delivers tailored
solutions to meet the strategic, operational, and capital needs of
its clients and partners. B. Riley leverages cross-platform
expertise to provide clients with full service, collaborative
solutions at every stage of the business life cycle. Through its
affiliated subsidiaries, B. Riley provides end-to-end financial
services across investment banking, institutional brokerage,
private wealth and investment management, financial consulting,
corporate restructuring, operations management, risk and
compliance, due diligence, forensic accounting, litigation support,
appraisal and valuation, auction, and liquidation services. B.
Riley opportunistically invests to benefit its shareholders, and
certain affiliates originate and underwrite senior secured loans
for asset-rich companies.
As of June 30, 2024, B. Riley Financial had $3.2 billion in total
assets, $3.4 billion in total liabilities, and $143.1 million in
total deficit.
BLUE DUCK: Seeks to Hire Lain Faulkner & Co. as Financial Advisor
-----------------------------------------------------------------
Blue Duck Energy MVR, LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to employ Lain, Faulkner &
Co., PC as financial advisors.
The firm will render these services:
(a) serve as accountants and financial advisors to the
Debtor;
(b) assist the Debtor and its counsel with matters related to
the bankruptcy case;
(c) assist the Debtor with preparation of financial
information pertaining to estate assets and liabilities, cash
flows, financial statements, and projections;
(d) assist and/or prepare 13-week cash flow budget and
variance reports;
(e) analyze financial data and other information exchanged
between the Debtor and its creditors, any regulatory agencies,
consultants, prospective investors/purchasers or other third
parties, as may be necessary or appropriate;
(f) assist the Debtor with preparation of any bankruptcy
required reporting; and
(g) perform all other financial and accounting services and
provide all other financial advice to the Debtor in connection with
this case as may be required or necessary.
The firm will be paid at these hourly rates:
Directors $440 - $560
Accounting Professionals $235 - $325
IT Professionals $300
Staff Accountants $195 - $275
Clerical and Bookkeepers $95 - $135
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $75,000 from the Debtor.
D. Brian Crisp, director at Lain, Faulkner & Co., disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
D. Brian Crisp
Lain, Faulkner & Co., P.C.
400 N. Saint Paul St., Ste. 600
Dallas, TX 75201
Telephone: (214) 720-7206
About Blue Duck Energy MVR
Blue Duck Energy MVR, LLC operates in the oil and gas extraction
industry in Texas.
Blue Duck Energy MVR sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-20131) on
June 2, 2025. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
The Debtor tapped Thomas D. Berghman, Esq., at Munsch Hardt Kopf &
Harr, PC as counsel and Lain, Faulkner & Co. PC as financial
advisors.
BLUE DUCK: Seeks to Hire Munsch Hardt Kopf & Harr as Counsel
------------------------------------------------------------
Blue Duck Energy MVR, LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to employ Munsch Hardt
Kopf & Harr, PC as general counsel.
The firm will render these services:
(a) serve as attorneys of record for the Debtor and to provide
representation and legal advice with respect to its powers and
duties in the continued operation of its business;
(b) assist the Debtor in carrying out its duties under the
Bankruptcy Code;
(c) take all necessary action to protect and preserve the
Debtor's estate;
(d) consult with the United States Trustee, any statutory
committee that may be formed, and all other creditors and parties
in interest concerning administration of this Chapter 11 case;
(e) assist in monetizing the estate's assets;
(f) prepare on behalf of the Debtor all legal papers and
documents to further its estate's interests and objections, and
assist it in preparation of schedules, statements, and reports, and
represent it and its estate at all related hearings and at all
related meetings of creditors, United States Trustee interviews,
and the like;
(g) assist the Debtor in connection with preparing and
refining its Chapter 11 plan and disclosure statement, and/or all
related agreements and documents necessary to facilitate an exit
from this Chapter 11 case, take appropriate action on behalf of it
to obtain confirmation of such plan, and take such further actions
as may be required in connection with the implementation of such
plan;
(h) assist the Debtor in analyzing and appropriately treating
the claims of creditors;
(i) appear before this court and any appellate courts or other
courts having jurisdiction over any matter associated with this
Chapter 11 case; and
(j) perform all other legal services and provide all other
legal advice to the Debtor as may be required or deemed to be in
the interest of its estate in accordance with its rights and duties
as set forth in the Bankruptcy Code.
The firm's hourly rates are as follows:
Thomas Berghman, Esq. $550
Julian Vasek, Shareholder $500
Kyle Jaksa, Associate $475
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received retainers on May 2, 2025 and June 2, 2025,
totaling of $75,000 from the Debtor.
Mr. Berghman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Thomas D. Berghman, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard St., Ste. 4000
Dallas, TX 75201
Telephone: (214) 855-7500
Email: tberghman@munsch.com
About Blue Duck Energy MVR
Blue Duck Energy MVR, LLC operates in the oil and gas extraction
industry in Texas.
Blue Duck Energy MVR sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-20131) on
June 2, 2025. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
The Debtor tapped Thomas D. Berghman, Esq., at Munsch Hardt Kopf &
Harr, PC as counsel and Lain, Faulkner & Co. PC as financial
advisors.
BROADWAY REALTY: Hires Weil Gotshal & Manges LLP as Attorney
------------------------------------------------------------
Broadway Realty I Co., LLC and its affiliates seek approval from
the U.S. Bankruptcy Court for the Southern District of New York to
employ Weil, Gotshal & Manges LLP as attorney.
The firm will provide these services:
a. take all necessary actions to protect and preserve the
Debtors' estates, including the prosecution of actions on the
Debtors' behalf, the defense of any actions commenced against the
Debtors, the negotiation of disputes in which the Debtors are
involved and the preparation of objections to claims filed against
the Debtors' estates;
b. prepare on behalf of the Debtors, as debtors in possession,
all necessary motions, applications, answers, orders, reports and
other papers in connection with the administration of the Debtors'
estates;
c. take all necessary actions in connection with any sale of the
Debtors' assets, a chapter 11 plan and related disclosure
statement, and all related documents, and such further actions as
may be required in connection with the administration of the
Debtors' estates;
d. take all necessary actions to protect and preserve the value
of the Debtors' assets, including advising with respect to the
Debtors' affiliates and all related matters; and
e. perform all other necessary legal services in connection with
the prosecution of these chapter 11 cases; provided, that to the
extent Weil determines such services fall outside the scope of
services historically or generally performed by Weil as debtor's
lead counsel in a bankruptcy case, Weil will file a supplemental
declaration.
The firm will be paid at these rates:
Members/Counsels $1,725 to $2,575 per hour
Associates $890 to $1,560 per hour
Paraprofessionals $375 to $630 per hour
During the 90 period prior to the Petition Date, the firm was paid
$2,464,414.50 in fees and $35,374.25 in expenses on account of
professional services performed and to be performed on behalf of
the Debtors. The firm has a remaining fee advance in favor of the
Debtors for future professional services to be performed and
expenses to be incurred on behalf of the Debtors in the approximate
amount of $37,134.25.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
The following is provided in response to the request for additional
information set forth in Paragraph D.1 of the U.S. Trustee's
Guidelines for Reviewing Applications for Compensation and
Reimbursement of Expenses Filed under 11 U.S.C. Sec. 330 by
Attorneys in Larger Chapter 11 Cases.
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the twelve (12)
months prepetition, disclose your billing rates and material
financial terms for the prepetition engagement, including any
adjustments during the twelve (12) months prepetition. If your
billing rates and material financial terms have changed
postpetition, explain the difference and the reasons for the
difference.
Response: Weil was formally engaged by the Debtors on March 25,
2025. Weil's hourly rates are $1,725 to $2,575 for members and
counsel, $890 to $1,560 for associates, and $375 to $630 for
paraprofessionals. At the time of Weil's engagement, Weil provided
the Debtors a one time fee credit of $75,000 which was applied to
the invoice for April 3rd, 2025.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: Weil, in conjunction with the Debtors, will develop a
prospective budget and staffing plan for these chapter 11 cases.
Weil and the Debtors will review such budget following the close of
the budget period to determine a budget for the following period.
Mr. Goren 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:
Gary T. Holtzer, Esq.
Garrett A. Fail, Esq.
Matthew P. Goren, Esq.
Philip L. DiDonato, Esq.
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
Tel: (212) 310-8000
Fax: (212) 310-8007
About Broadway Realty I Co., LLC
Broadway Realty I Co., LLC is a real estate investment business and
management company headquartered in New York City. The company
operates from its principal location at 2 Grand Central Tower in
Manhattan, with its main asset property at 4530 Broadway in New
York. It specializes in real estate investment and property
management activities across the New York metropolitan area.
Broadway Realty I Co. and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No.
25-11050) on May 21,2025. In its petition, Broadway Realty I Co.
reported between $500 million and $1 billion in both assets and
liabilities.
Judge David S. Jones, Esq. handles the cases.
The Debtors are represented by Gary Holtzer, Esq., at Weil Gotshal
& Manges, LLP.
Flagstar Bank, N.A., as creditor, is represented by:
Harvey A. Strickon, Esq.
Brett Lawrence, Esq.
Justin Rawlins, Esq.
Nicholas A. Bassett, Esq.
PAUL HASTINGS LLP
200 Park Avenue
New York, New York 10166
Telephone: (212) 318-6000
Facsimile: (212) 319-4090
Emails: harveystrickon@paulhastings.com
brettlawrence@paulhastings.com
justinrawlins@paulhastings.com
nicholasbassett@paulhastings.com
BROADWAY REALTY: Seeks to Tap FTI Consulting as Financial Advisor
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Broadway Realty I Co., LLC and its affiliates seek approval from
the U.S. Bankruptcy Court for the Southern District of New York to
employ FTI Consulting, Inc as financial advisor.
The firm's services include:
(a) evaluate existing liquidity forecasts and methodology, as
well as historical activity to determine major drivers of liquidity
and cash flow;
(b) identify cash flow enhancement opportunities, working
capital efficiency, and cash conservation strategies and implement
them as practical;
(c) understand and advise on strategic initiatives to improve
liquidity;
(d) refine the Debtors' 13-week cash forecast, as required;
(e) review the Debtors' current business outlook and near-term
business plan,
(f) assist in producing financial analyses and reporting to
the lenders and other constituents, as requested;
(g) advise on strategies for developing and negotiating
potential restructuring proposals for and with senior creditors,
bondholders, and other key stakeholders, as applicable;
(h) develop and execute core and stakeholder-specific
communications materials;
(i) perform such other services and analyses relating to the
Debtors' that are or become required, to the extent requested by
it;
(j) cash flows and liquidity forecasting;
(k) develop a detailed approach to preparing the Debtors for
one or more bankruptcy proceedings;
(l) assist Weil, on behalf of the Debtors, in implementing
such plan as requested by them;
(m) prepare the necessary financial and operating
information;
(n) coordinate developing the comprehensive strategic
communications plans for all key stakeholders;
(o) develop framework necessary to administer a comprehensive
Chapter 11 claims process;
(p) assist the Debtors to prepare for the most efficient and
effective resolution of any potential court-based restructuring,
whether implemented through a Chapter 11 plan, a section 363 sale,
or any other structure;
(q) attend meetings and assist in discussions (either before
or after filing) with potential lenders, investors, creditors,
committee(s), other parties in interest and/or professionals hired
by the same, as requested by Weil;
(r) assist the Debtors in negotiations with creditors,
suppliers, lessors and other interested parties as appropriate;
(s) assist the Debtors with the preparation and confirmation
of a value optimizing Chapter 11 plan, and/or a sale of certain or
substantially all its assets pursuant to section 363 of the
Bankruptcy Code;
(t) upon written request, advise on communications plans,
externally and internally, including employees, suppliers,
customers, and other constituencies;
(u) render such other general business consulting or such
other assistance as necessary that are consistent with the role of
financial advisor and not duplicative of services provided by other
professionals in this proceeding; and
(v) assist with any other customary services typical for an
engagement of this type as may be mutually agreed to by the Weil
and FTI from time to time.
The firm's hourly rates are as follows:
Senior Managing Directors $1,185 - $1,525
Directors/Senior Directors/Managig Directors $890 - $1,155
Consultants/Senior Consultants $485 - $820
Administrative/Paraprofessionals $190 - $385
During the 90 period prior to the petition date, FTI was paid
$543,181.64 in fees and $316 in expenses on account of professional
services performed and to be performed on behalf of the Debtors.
Cynthia Romano, a senior managing director at FTI Consulting,
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:
Cynthia Romano
FTI Consulting Inc.
1166 Avenue of the Americas, 15th Floor
New York, NY 10036
Telephone: (617) 970-7383
Email: Cynthia.romano@fticonsulting.com
About Broadway Realty I Co.
Broadway Realty I Co., LLC is a real estate investment business and
management company headquartered in New York City. The company
operates from its principal location at 2 Grand Central Tower in
Manhattan, with its main asset property at 4530 Broadway in New
York. It specializes in real estate investment and property
management activities across the New York metropolitan area.
Broadway Realty I Co. and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No.
25-11050) on May 21,2025. In its petition, Broadway Realty I Co.
reported between $500 million and $1 billion in both assets and
liabilities.
Judge David S. Jones, Esq. handles the cases.
The Debtors are represented by Gary Holtzer, Esq., at Weil Gotshal
& Manges, LLP.
BUFNY II ASSOCIATES: 7 New York Properties Up for Sale on July 29
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Ian V. Lagowitz, Esq., ("Sale Referee") will sell at public auction
outside of the entrances, which faces Worth Street, of the United
States Courthouse located 500 Pearl Street, New York, New York
10007, on July 29, 2025, at 11:00 a.m. (prevailing Eastern Time)
the property owned by BUFNY II Associates LP et. al, consist of
seven parcels commonly known as (i) 531 Lenox Avenue, New York, New
York, (ii) 163 West 136th Street, New York, New York, (iii) 102
West 137th Street, New York, New York, (iv) 106 West 137th Street,
New York New York, (v) 110 West 137th Street, New York, New York,
(vi) 124 West 137th Street, New York, New York, and (7) 176 West
137th Street, New York, New York ("premises").
All interested bidder must appear at the aforementioned location,
date, and time with certified funds made payable to the undersigned
sale referee as follows, "Ian V. Lagowitz, as sale Referee". 10%
of the successful bid is due at the time of the auction. The
undersigned sale referee may allow any other manner of funds in his
absolute discretion.
The approximate amount of judgment is $1,243,021.61.
Federal National Mortgage Association, plaintiff, retained Dean L.
Chapman Jr., Esq., of Akin Gump Strauss Hauer & Field LLP, as its
attorney.
CAREERBUILDER + MONSTER: Chapell Hired to Monitor Asset Sale
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James Nani of Bloomberg Law reports that a consumer privacy
ombudsman has been appointed to assess how the sale of assets from
bankrupt online job platforms CareerBuilder and Monster will impact
users' personal data.
Alan Chapell of Chapell & Associates was selected by the U.S.
Trustee's office, the Justice Department's bankruptcy watchdog, to
ensure the proposed sale complies with bankruptcy laws and
safeguards consumer privacy, according to a notice filed Tuesday,
July 8, 2025, in the U.S. Bankruptcy Court for the District of
Delaware.
Last June 2025, the company initiated bankruptcy proceedings,
proposing to sell its job board operations to JobGet Inc. for $7
million.
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.
CELESTIAL PRODUCTS: To Sell Non-Cash Property to Hatch Chili Store
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Celestial Products, LLC, seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas, Fort Worth Division, to
sell Assets, free and clear of liens, claims, and encumbrances.
The Debtor seeks to sell all its non-cash personal property assets
to The Hatch Chili Store, Inc. with the purchase price of
$175,000.00.
Areya H. Aurzada has been appointed as the Subchapter V Trustee.
A description of the Property to be sold is as follows:
(a) Internet Domain Names consisting of:
(1) TexasLoneStarTamales.com
(2) TheTexasSteakWarehouse.com
(3) DryIcePacks.com
(4) GourmetFoodsUSA.com
(5) Any and all related or associated URLs, subdomains, and domain
name registrations
(b) Accounts and Platforms:
(1) Shopify storefront and all related data, designs, and
templates
(2) Amazon seller account (if still active), including any
associated inventory and listings
(3) Social media accounts (including but not limited to Facebook,
Instagram, Pinterest, Twitter, TikTok, and LinkedIn)
(4) Email and customer contact lists
(5) Email inboxes tied to any owned domains
(6) Logos, product images, design files, recipes, and other
creative assets
(c) Assumed Business Names (DBAs):
(1) Texas Lone Star Tamales
(2) The Texas Steak Warehouse
(3) Dry Ice Packs
(4) Gourmet Foods USA
(d) Tangible (Physical) Assets
Located at Arlington (Padrino) Warehouse:
(1) Five commercial 3-door upright freezers (brand unknown)
(2) Approximately five stainless steel packing tables
(3) Two plastic folding tables
(4) One stand-up forklift
(5) One electric pallet jack
(6) Additional small items (bins, supplies, etc.) not significant
enough to itemize individually
Located at 6001 Tension Dr., Fort Worth:
(1) Additional metal work tables
(2) A few remaining small items
(e) Other Assets:
(1) All intellectual property, trademarks, service marks, trade
secrets, copyrights, patents, recipes, formulations, know-how, and
other proprietary information
(2) All assignable contracts, agreements, leases, licenses, and
permits designated by Buyer
(3) All goodwill associated with Seller's business
(4) All inventory, supplies, raw materials, finished goods, and
packaging materials
(5) All furniture, fixtures, and equipment not otherwise listed
above
(6) All books, records, databases, and files, including digital
files, relating to Seller's business operations
(7) All rights under warranties and guarantees to the extent
assignable
(8) Any other tangible or intangible property owned by Seller,
whether or not specifically listed above.
The Agreement provides terms of payment that require Buyer to
tender $75,000.00 cash to Padrino Foods within 10 days of Closing
of the Agreement, with the remaining $100,000.00 balance to be
converted into a promissory note in favor of creditor Padrino
Foods, bearing eight percent annual interest, payable monthly, with
a maturity term of six years.
The Debtor believes that the sale of the Property to the Buyer will
generate net sale proceeds sufficient to pay the accounts payable
to/claims of creditor Padrino Foods.
The Debtor will continue to market the Property for sale pending
approval of the Agreement and will submit higher or better offers
to the Court for consideration in the alternative to the Agreement,
if any are received.
The Debtor seeks to sell the Property free and clear of liens,
claims, and encumbrances.
About Celestial Products, LLC
Celestial Products USA, LLC is an online retail business based in
Fort Worth, Texas.
Celestial Products USA filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. N.D. Texas Case No.
25-40153) on January 16, 2025, listing up to $50,000 in assets and
between $1 million and $10 million in liabilities. Areya Holder
Aurzada, Esq., at Holder Law serves as Subchapter V trustee.
Judge Mark X. Mullin handles the case.
The Debtor is represented by Robert Lane, Esq., at The Lane Law
Firm, PLLC.
CHARTER SCHOOL: Gets Interim OK to Obtain DIP Loan From East West
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Charter School Capital, Inc. received interim approval from the
U.S. Bankruptcy Court for the District of Delaware for authority to
use cash collateral and obtain post-petition financing.
The Debtor needs to obtain up to $5 million in post-petition
financing from East West Bank, N.A. The DIP Financing includes an
initial $2.5 million available upon entry of an interim order, with
the remaining funds to be made available upon entry of a final
order.
The DIP Financing is necessary due to an unexpected liquidity
crisis resulting from Bank of America’s refusal to fund
receivables under a preexisting Note Purchase Agreement. This
disruption has stalled the Debtor's "Money To Run Your School"
business line, which provides essential receivables financing to
charter schools. As a result, the Debtor cannot continue operations
without immediate financial relief, and charter schools relying on
this funding may be unable to meet payroll obligations.
The funds will be used not only to maintain school operations and
pay employees but also to support the ongoing Chapter 11 sale
process and retain key personnel. The Debtor argued that the
financing was negotiated in good faith, on an arm’s-length basis,
and reflects the best available terms under the circumstances. The
Debtor further asserted that no other lender was willing to provide
unsecured or more favorable financing.
The Debtor offers granting superpriority administrative expense
status to the DIP obligations.
East West Bank is represented by:
Robert M. Hirsh, Esq.
Francisco Vazquez, Esq.
NORTON ROSE FULBRIGHT US LLP
1301 Avenue of the Americas
New York, NY 10019-6022
Telephone: (212) 318-3000
Facsimile: (212) 318-3400
robert.hirsh@nortonrosefulbright.com
francisco.vazquez@nortonrosefulbright.com
-- and --
Eric J. Monzo, Esq.
Jason S. Levin, Esq.
MORRIS JAMES LLP
500 Delaware Avenue, Suite 1500
Wilmington, DE 19801
Telephone: (302) 888-6800
Facsimile: (302) 571-1750
emonzo@morrisjames.com
jlevin@morrisjames.com
About Charter School Capital, Inc.
Charter School Capital, Inc. sought protection under U.S. Bankrupcy
Code (Bankr. D. Del. Case No.e 25-11016) on June 8, 1014. In the
petition signed by Stuart Ellis, chief executive officer, the
Debtor disclosed up to $50 million in both assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
Aaron H. Stulman, Esq., at Potter Anderson & Corroon LLP,
represents the Debtor as legal counsel.
CK BUILDERS: Seeks to Tap Langley & Banack as Bankruptcy Counsel
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CK Builders, LLC seeks approval from the U.S. Bankruptcy Court for
the Western District of Texas to employ Langley & Banack, Inc. as
counsel.
The firm will render these services:
(a) advise the Debtor of its duties and powers in this Chapter
11 case; and
(b) handle all matters which come before the court in this
case.
William Davis, Jr., Esq., the primary attorney in this
representation, will be paid at his hourly rate of $425.
The firm received a pre-petition retainer of $3,717 including
filing fees.
Mr. Davis disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
William R. Davis, Jr., Esq.
Langley & Banack, Inc.
745 E. Mulberry, Suite 700
San Antonio, TX 78212
Telephone: (210) 736-6600
About CK Builders LLC
CK Builders LLC provides home improvement and general contracting
services in the Pipe Creek and San Antonio areas of Texas. The
Company holds a home improvement contractor license and has
completed various residential remodeling and repair projects.
CK Builders LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51458) on
June 30, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities up to
$50,000.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtor is represented by William R. Davis, Jr. at Langley &
Banack, Inc.
CLAIRE'S STORES: Considers Possible Bankruptcy for U.S. Operations
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Reshmi Basu, Sabah Meddings, and Jamie Nimmo of Bloomberg News
report that Claire's Stores Inc. is weighing a potential bankruptcy
filing for its U.S. operations as it grapples with sluggish demand,
rising import costs, and significant debt, according to sources
familiar with the matter.
The retailer has enlisted Houlihan Lokey Inc. to help stabilize its
finances and explore strategic alternatives, including a possible
sale of all or part of the business, which spans retail operations
in both North America and Europe, Bloomberg previously reported.
About Claire's Stores
Claire's Stores, Inc. -- http://www.clairestores.com/-- is a
specialty retailer of jewelry, accessories, and beauty products for
young women, teens, "tweens," and kids. Through the Claire's brand,
the Claire's Group has a presence in 45 nations worldwide, through
a total combination of over 7,500 Company-owned stores, concessions
locations, and franchised stores. Headquartered in Hoffman Estates,
Illinois, the Company began as a wig retailer by the name of
"Fashion Tress Industries" founded by Rowland Schaefer
in 1961. In 1973, Fashion Tress Industries acquired the
Chicago-based Claire's Boutiques, a 25-store jewelry chain that
catered to women and teenage girls. Following that acquisition,
Fashion Tress Industries changed its name to "Claire's Stores,
Inc." and shifted its focus to a full line of fashion jewelry and
accessories.
In 2007, the Company was taken private and acquired by investment
funds affiliated with, and co-investment vehicles managed by,
Apollo Management VI, L.P. Claire's Group employs approximately
17,000 people globally. Claire's Stores, Inc., and 7 affiliates
sought Chapter 11 protection (Bankr. D. Del. Case No. 18-10584) on
March 19, 2018, after reaching terms of a balance sheet
restructuring with their first lien lenders and sponsor Apollo
Global Management, LLC.
As of Oct. 28, 2017, Claire's Stores reported $1.98 billion in
total assets against $2.53 billion in total liabilities.
The Hon. Brendan Linehan Shannon is the case judge.
The Debtors tapped Weil, Gotshal & Manges LLP as their bankruptcy
counsel; Richards, Layton & Finger, P.A. as local counsel; FTI
Consulting as restructuring advisor; Lazard Freres & Co. LLC as
investment banker; Hilco Real Estate, LLC as real estate advisor;
and Prime Clerk as claims agent and administrative advisor.
Andrew R. Vara, Acting U.S. Trustee for Region 3, appointed seven
creditors to serve on an official committee of unsecured creditors.
The Committee retained
Cooley LLP, as counsel, and Bayard, P.A., as co-counsel.
CMC ADVERTISING: Seeks to Hire Diller and Rice as Legal Counsel
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CMC Advertising Ltd., doing business as Mail Works II, seeks
approval from the U.S. Bankruptcy Court for the Northern District
of Ohio to employ Diller and Rice, LLC as counsel.
The firm will render these services:
(a) consult with and aid in the preparation and implementation
of a plan of reorganization; and
(b) represent the Debtor in all matters relating to such
proceedings.
Eric Neuman, Esq., the primary attorney in this representation,
will be paid at his hourly rate of $325, plus expenses.
The firm received a retainer of $10,500 from the Debtor.
Mr. Neuman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Eric R. Neuman, Esq.
Diller and Rice, LLC
124 E. Main St.
Van Wert, OH 45891
Telephone: (419) 238-5025
About CMC Advertising Ltd.
CMC Advertising, Ltd. operating as Mailworks II, is an Ohio-based
advertising company.
CMC Advertising sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ohio Case No. 25-31341) on June 27,
2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Claude R. Montgomery, Jr., managing member of CMC
Advertising, signed the petition date.
Judge John Gustafson oversees the case.
Eric R. Neuman, Esq., at Diller and Rice, LLC, represents the
Debtor as legal counsel.
CRYSTAL BASIN: Hires Folsom Hall Investors Inc. as Realtor
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Crystal Basin Cellars, Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of California to employ Folsom Hall
Investors, Inc. as realtor.
The firm will assist the Debtor in the marketing and sale of the
real property commonly known as 3550 Carson Road, Camino, CA 95709
and the sale of the business located on the same property.
The firm will be paid a commission of 6 percent of the gross sales
price.
Steven Robert Rath, a partner at Folsom Hall Investors, Inc.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Steven Robert Rath
Folsom Hall Investors, Inc.
2600 E Bidwell St Ste 150
Folsom, CA 95630-6449
About Crystal Basin Cellars
Crystal Basin Cellars, Inc. has been in the business of promoting
and selling wine products since March 5, 2000.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. E.D. Calif. Case No. 24-25612) on Dec. 13, 2024, with
$1 million to $10 million in both assets and liabilities. Michael
Owen, president of Crystal Basin Cellars, signed the petition.
Judge Christopher D. Jaime presides over the case.
Peter G. Macaluso, Esq., at the Law Office of Peter G. Macaluso, is
the Debtor's bankruptcy counsel.
CTLC LLC: To Sell Howard Property to Isaac Birmingham for $2.6MM
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Zvi Guttman, Chapter 7 Plan Administrator for the bankruptcy estate
of CTLC LLC, seeks approval from the U.S. Bankruptcy Court for the
District of Maryland, Baltimore Division, to sell Property, free
and clear of liens, claims, and encumbrances.
The Debtor's Property is located at 15125 Devlin Drive, Glenelg, MD
21737 in Howard County, Maryland, generally described as a custom
home site, consisting of approximately 38.25 acres, improved by a
partially constructed two story, approximately 25,000 square-foot
single family residence.
On May 29, 2025, the Court entered an Order Granting Motion to
Compel Debtor's Compliance with Terms of Confirmed Chapter 11 Plan
of Reorganization in which the Court directed the appointment of a
plan administrator with "the exclusive authority to effectuate the
terms of the Plan."
The Plan Administrator advised the Debtor's realtor that she could
submit a no-contingency, as-is, where-is offer, with no
representations or warranties on an immediate basis or the Plan
Administrator would engage an auctioneer to sell the Property.
The Plan Administrator seeks authority to sell the Property to
Isaac H. Birmingham, or successor, designee, or assignee.
The Purchaser and the Plan Administrator have entered into a "low
contingency, "as-is, where-is contract, with no representations or
warranties for the sale of the Property to the Purchaser for
$2,675,000 with a seller credit of $160,000.
In addition to the Property itself, the sale includes personal
property and fixtures (e.g., appliances, window treatments, etc.)
aka "incidental property" in and about the Property. Similarly, the
sale includes any and all construction materials, partially
installed or uninstalled fixtures, equipment, supplies, and other
building components or related items located on or intended for use
at the Property, including but not limited to lumber, drywall,
roofing materials, cabinetry, appliances, lighting fixtures,
plumbing fixtures, mechanical systems, hardware, tools, fasteners,
surplus inventory, and any other goods or materials stored, staged,
or left on-site, whether or not incorporated into the structure.
This shall also encompass any construction debris, packaging, and
abandoned equipment, whether originally intended for installation
or for temporary use in connection with the construction of the
improvements on the Property.
The sale is scheduled to close no later than August 1, 2025, or as
provided for in the Bankruptcy Addendum to the Contract.
While this Motion is pending, higher offers will be considered.
The Plan Administrator submits that the price offered by the
Purchaser is fair and reasonable.
The Debtor engaged Lydia Travelstead, an associate with TTR
Sotheby's International Realty, as broker with a commission of 6%.
Although the Plan Administrator has not formally entered into a
subsequent brokerage agreement with Broker, he submits that at
settlement Broker will have earned and is entitled to be paid
the agreed-upon fee. (2.5% of the 6% will be paid to the buyer's
broker.)
The lienholders of the Property include WCP Fund I LLC, J Paul
Builders LLC, and Howard County, Maryland.
The Plan Administrator submits that the decision to proceed with
the proposed sale is based upon sound business judgment and should
be approved.
About CTLC LLC
CTLC, LLC, is part of the residential building construction
industry.
CTLC, LLC, filed is voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. D. Md. Case No. 23-15444) on Aug. 2,
2023. The petition was signed by Sandra Grier as member. At the
time of filing, the Debtor estimated $1 million to $10 million in
both assets and liabilities.
Judge David E. Rice presides over the case.
Richard L. Costella, Esq., at Tydings & Rosenberg LLP, is the
Debtor's counsel.
DECCURE GROUP: Seeks Chapter 11 Bankruptcy in Florida
-----------------------------------------------------
On July 9, 2025, Deccure Group LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Southern District of Florida.
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 Deccure Group LLC
Deccure Group LLC is a Fort Lauderdale-based limited liability
company.
Deccure Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.Fla. Case No. 25-17802) on July 9,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $500,000 and $1 million each.
Honorable Bankruptcy Judge Peter D. Russin handles the case.
The Debtors are represented by Armando Alfonso, Esq. at A.R.A. Law.
DEL MONTE: Wins Interim OK for DIP Loans from Wilmington, JPMorgan
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Del Monte Foods Corporation II Inc. and affiliates received interim
approval from the U.S. Bankruptcy Court for the District of New
Jersey to use cash collateral and obtain debtor-in-possession
financing to get through bankruptcy.
The Debtors have an urgent need for liquidity following several
years of financial strain due to macroeconomic pressures such as
heightened inflation, increased tariffs, and contracting vendor
terms. These factors, coupled with a shrinking borrowing base under
the Debtors' pre-petition asset-based lending facility, have
significantly constrained cash flow. Maintaining operational
continuity is especially critical now, as the Debtors enter their
key 2025 Pack Season.
To address these challenges, the Debtors negotiated these DIP
financings:
(1) A $412.5 million superpriority secured multiple-draw DIP Term
Loan Facility, agented by Wilmington Savings Fund, FSB; and
(2) A superpriority senior secured asset-based revolving credit
facility, agented by JPMorgan Chase Bank, N.A. and provide
aggregate commitments in the maximum aggregate principal amount of
$500,000,000, consisting of $500 million in undrawn commitments
(the "DIP ABL Commitments," and the loans thereunder including all
accrued interest, fees, and premiums thereof, the "DIP ABL
Loans").
The DIP Term Loan Facility includes $165 million in new money loans
and $247.5 million in roll-up loans, which will convert certain
pre-petition loans into post-petition obligations.
The proceeds from the DIP financing, along with continued use of
cash collateral, will be used to fund the Debtors' ongoing business
operations, the administration of the Chapter 11 cases, and the
execution of the Debtors' sale strategy. These funds will also
provide adequate assurance to suppliers, employees, and other key
stakeholders that the Debtors are financially equipped to meet
their post-petition obligations in the ordinary course of business.
The Debtors argued that the DIP financing is the only viable
funding option currently available, as they were unable to secure
alternative third-party financing on better or equal terms.
DIP Financing Order
The interim order signed by Judge Michael Kaplan authorized Del
Monte Foods to borrow, and the Del Monte Foods affiliates to
guarantee, up to an aggregate principal amount of:
(A) $250,000,000 of the DIP Term Loans (inclusive of the Roll-Up
Loans), of which $100,000,000 of the New Money Loans will be made
immediately available and $150,000,000 of the Roll-Up Loans deemed
funded, converted from and exchanged for $150,000,000 of
super-senior first-out loans on the date of entry of the interim
order.
(B) (i) $500,000,000 of the DIP ABL Commitments deemed
committed, converted from and exchanged for $550,000,000 of
commitments under a pre-petition ABL credit agreement on the date
of entry of the interim order; (ii) the DIP ABL Loans deemed
funded, converted from and exchanged for an equal amount of
pre-petition ABL loans on the date of entry of the interim order,
and (iii) the DIP ABL letters of credit deemed issued, converted
from and exchanged for an equal amount of pre-petition letters of
credit.
As security for the DIP Term Loan obligations, the following
security interests and liens (DIP liens) will be granted to
Wilmington:
(i) Subject only to a carveout, a valid, binding, continuing,
enforceable, fully-perfected, non-avoidable, automatically, and
properly perfected first priority senior security interest in and
lien on all property of the Debtors, whether existing on the
petition date or thereafter acquired, that is not subject to valid,
perfected, and nonavoidable liens, on or as of the petition date;
(ii) Subject to the carveout and certain liens, a valid, binding,
continuing, enforceable, fully-perfected first priority senior
priming security interest in and lien on all property of the
Debtors that was subject to the pre-petition liens, including,
without limitation, the pre-petition collateral and cash
collateral; and
(iii) Subject only to the carveout, a valid, binding, continuing,
enforceable, fully
perfected security interest in and lien on all prepetition and
post-petition property of the Debtors immediately junior only to
the prior senior liens.
Subject to and subordinate solely to the carveout, all of the DIP
obligations constitute allowed superpriority administrative expense
claims, with priority over all administrative expenses and all
other claims against the Debtors.
Meanwhile, the following security interests and liens will be
granted to JPMorgan as security for the DIP ABL obligations:
(i) Subject only to the carveout, a valid, binding, continuing,
enforceable, fully-perfected, non-avoidable, automatically, and
properly perfected first priority senior security interest in and
lien on previously unencumbered property;
(ii) A valid, binding, continuing, enforceable, fully-perfected
first priority senior priming security interest in and lien on all
property of the Debtors that was subject
to the pre-petition liens, including, without limitation, the
pre-petition collateral and cash collateral; and
(iii) A valid, binding, continuing, enforceable, fully perfected
security interest in and lien on all pre-petition and post-petition
property of the Debtors immediately junior only to the prior senior
liens.
A copy of the interim DIP order is available for free at
http://bankrupt.com/misc/Del_Monte_Foods_Corporation_II__InterimDipOrder.pdf
Judge Kaplan set a final hearing on the DIP financing motion for
August 4. The deadline for filing objections or responses is on
July 28.
As of the petition date, the Debtors had approximately $1.24
billion in long-term, secured funded debt obligations. This debt
includes a prepetition asset-based revolving credit facility,
various letters of credit, and three tranches of term loans under a
Super-Senior Credit Agreement.
The breakdown is as follows: (1) approximately $211.2 million
outstanding under the Prepetition ABL Facility, maturing in 2027;
(2) approximately $26 million in letters of credit; (3) a $395.5
million First Out Term Loan; (4) a $468.8 million Second Out Term
Loan; and (5) a $135 million Third Out Term Loan. All three term
loan tranches mature in August 2028, bringing the total secured
debt to $1,236,559,195.
The Prepetition ABL Facility was provided under a Credit Agreement
dated August 2, 2024, between certain Debtor subsidiaries and
JPMorgan Chase Bank, N.A. This senior secured asset-based revolving
credit line had a maximum availability of $550 million, subject to
borrowing base limitations, and was syndicated among approximately
ten financial institutions. The ABL Facility is guaranteed by
substantially all of DM Intermediate II Corporation's domestic
subsidiaries and is secured by a first-priority lien on the
Debtors' accounts receivable and inventory, and a junior lien on
other collateral such as real estate and intellectual property.
The Super-Senior Credit Agreement, also dated August 2, 2024,
governs the Debtors' term loans and involves Wilmington Savings
Fund Society, FSB as administrative agent. The agreement provides
for three distinct tranches of debt, each with separate lien
priorities. The First Out Term Loan totals $395.5 million and is
secured by a first-priority lien on the Term Loan Priority
Collateral and a second-priority lien on the ABL Priority
Collateral. This tranche includes $122 million in incremental loans
added in April 2025.
The Second Out Term Loan totals $468.8 million and is secured by a
second-priority lien on the Term Loan Priority Collateral. The
Third Out Term Loan, totaling $135 million, is secured by a
third-priority lien on the same collateral.
About Del Monte Foods
Founded in 1886 and headquartered in Walnut Creek, California, the
Del Monte business has been a cornerstone of American grocery
stores for more than 130 years. Del Monte Foods has been driven
by its mission to nourish families with earth's goodness. As the
original plant-based food company, Del Monte is always innovating
to make nutritious and delicious foods more accessible to consumers
across its portfolio of beloved brands, including Del Monte,
Contadina, College Inn, Kitchen Basics, JOYBA, Take Root Organics
and S&W. On the Web: http://www.delmontefoods.com/ or
http://www.joyba.com/
On July 1, 2025, Del Monte Foods Corporation II, Inc., and 17
affiliated debtors filed voluntary petitions for relief under
Chapter 11 of the United States Bankruptcy Code (Bankr. D.N.J. Lead
Case No. 25-16984) to address $1.235 billion in funded debt
obligations.
The Debtors' bankruptcy cases are pending before the Honorable
Michael B. Kaplan.
Herbert Smith Freehills Kramer (US) LLP and Cole Schotz P.C. are
serving as legal counsel to Del Monte, Alvarez & Marsal North
America, LLC is serving as financial advisor, and PJT Partners is
serving as investment banker to the Company. Stretto is the
claims agent.
Wilmington Savings Fund Society, FSB, as DIP Term Loan Agent, is
represented by:
Jeffrey R. Gleit, Esq.
Brett D. Goodman, Esq.
ARENTFOX SCHIFF LLP
1301 Avenue of the Americas, 42nd Floor
New York, NY 10019-6022
Telephone: (212) 484-3900
Email: Jeffrey.Gleit@afslaw.com
Brett.Goodman@afslaw.com
-- and --
Matthew R. Bentley, Esq.
233 South Wacker Drive, Suite 7100
Chicago, IL 60606
Telephone: (312) 258-5500
Email: Matthew.Bentley@afslaw.com
JPMorgan Chase Bank, N.A., as Prepetition and DIP ABL Agent, is
represented by:
Alan J. Brody, Esq.
GREENBERG TRAURIG, LLP
500 Campus Drive
Florham Park, New Jersey 07932
Telephone: (973) 360-7900
Email: brodya@gtlaw.com
-- and --
Sandeep Qusba, Esq.
Nicholas E. Baker, Esq.
Dov Gottlieb, Esq.
Zachary J. Weiner, Esq.
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, NY 10017
Email: SQusba@stblaw.com
NBaker@stblaw.com
Dov.Gottlieb@stblaw.com
Zachary.Weiner@stblaw.com
DELTA QUAD: Hires Bankruptcy Law Center as Legal Counsel
--------------------------------------------------------
Delta Quad Holdings, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of California to employ Bankruptcy
Law Center, A Professional Corporation as counsel.
The firm will provide these services:
a. prepare pleadings, applications and conduct examinations
incidental to administration;
b. advise the Debtor with respect to its rights, powers,
duties and obligations as a debtor in possession in the
administration of this case, the management of its financial
affairs and the management of their income and property;
c. advise and assist the Debtor with respect to compliance
with the requirements of the Office of the United States Trustee;
d. advise the Debtor regarding matters of bankruptcy law,
including rights and remedies of Debtor with respect to its assets
and with respect to claims of creditors and to communicate and
negotiate with such creditors;
e. advise and represent the Debtor in connection with all
applications, motions or complaints for adequate protection,
sequestration, relief from stays, appointment of a trustee or
examiner and all other similar matters;
f. develop the relationship of the status of the Debtor to the
claims of creditors in these proceedings;
g. advise and assist the Debtor in the formulation and
presentation of a plan pursuant to Chapter 11 of the Bankruptcy
Code and concerning any and all matters relating thereto;
h. represent the Debtor in any necessary adversary
proceedings; and
i. perform any and all other legal services incident and
necessary herein.
The firm will be paid at these rates:
Attorney Ahren Tiller $500 per hour
Paralegal/Law Clerks $100 per hour
The firm will be paid a retainer in the amount of $15,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ahren A. Tiller, Esq., a partner at Bankruptcy Law Center, APC,
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:
Ahren A. Tiller, Esq.
Bankruptcy Law Center, APC
1230 Columbia Street, Suite 1100
San Diego, CA 92101
Tel: (619) 894-8831
Fax: (866) 444-7026
About Delta Quad Holdings LLC
Delta Quad Holdings LLC is a real estate company that owns a single
property asset located at 925 Grand Blvd., Kansas City, Missouri.
It operates as a single-asset entity within the real estate
sector.
Delta Quad Holdings LLC relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-02135) on May 29,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Christopher B. Latham handles the case.
The Debtors are represented by Ahren A. Tiller, Esq. at BANKRUPTCY
LAW CENTER.
DIAMOND COMIC: TwoMorrows Objects to Bankruptcy Stock Liquidation
-----------------------------------------------------------------
Bleeding Cool reports that John Morrow, publisher of TwoMorrows
Publishing, has formally objected to a plan in the Diamond Comic
Distributors Chapter 11 bankruptcy case that would allow the
liquidation of consignment stock owned by hundreds of publishers in
order to pay off Diamond's debts to its lenders. Morrow filed the
objection ahead of a scheduled court hearing set for Monday, July
21, 2025, just days before San Diego Comic-Con, when many affected
publishers will be preoccupied with the industry's largest annual
event.
In his filing, titled "Objection to Debtors' Entry of an Order
Approving (i) Procedures for Sale or Other Disposition of Consigned
Inventory, (ii) Approving Sales or Other Disposition of Consigned
Inventory Free and Clear of Liens, Claims, Interests, or
Encumbrances, and (iii) Granting Related Relief," Morrow argues
that the inventory sent to Diamond was consigned under a supply
agreement and remains the legal property of TwoMorrows.
"Our inventory was sent to Debtors on a consignment basis per the
terms of our Supply Agreement, and is our property, not Debtor's,"
Morrow wrote. "My company has an ongoing financial interest in
selling all merchandise that is still in Debtor's warehouse."
He further objected to Diamond continuing to sell unsold products
that were returned by booksellers without remitting payment to
publishers, stating, "Unsold products that have been returned by
booksellers to Debtor's inventory remain our consigned property
until payment to us has been made." Morrow warned that allowing the
liquidation to proceed would cause both immediate and long-term
financial harm to his company. He noted that deeply discounted
sales of TwoMorrows' inventory would not only deprive the publisher
of rightful payments, but would also flood the market with
low-priced versions of its products—undercutting future sales
from its own warehouse and through its new distributor, Lunar
Distribution, where the company was forced to shift operations
after Diamond's bankruptcy, according to report.
Additionally, Morrow requested that the July 21 hearing be
postponed, citing a scheduling conflict with Comic-Con
International: San Diego. "Comic-Con will be held from July 23-27,
2025 and I will be traveling July 21-30, 2025 in conjunction with
it," he wrote, asking that the hearing be rescheduled to August 1
or later.
About Diamond Comic Distributors, Inc.
Founded in 1982, Diamond Comic Distributors Inc. offers a
multi-channel platform of publishing, marketing and fulfillment
services, coupled with an unparalleled global distribution Network
for its retailers, publishers and vendors.
Diamond Comic Distributors and its affiliates filed Chapter 11
petitions (Bankr. D. Md. Case No. 25-10308) on January 14, 2025. At
the time of the filing, Diamond Comic Distributors reported between
$50 million and $100 million in both assets and liabilities.
Judge David E. Rice handles the case.
The Debtors tapped Saul Ewing, LLP as legal counsel; Getzler
Henrich & Associates, LLC as financial advisor; Raymond James &
Associates, Inc. as investment banker; and Stephenson Harwood, LLP
as U.K. counsel. Omni Agent Solutions is the Debtors' claims and
noticing agent and administrative agent.
DIOCESE OF SAN DIEGO: Jeff Anderson Updates List of Abuse Claimants
-------------------------------------------------------------------
The law firm of Jeff Anderson & Associates, P.A., filed an amended
verified statement pursuant to Rule 2019 of the Federal Rules of
Bankruptcy Procedure to disclose that in the Chapter 11 case of The
Roman Catholic Bishop of San Diego, the firm represents Sexual
Abuse Claimant.
Jeff Anderson & Associates has offices at 366 Jackson Street, Suite
100, Saint Paul, Minnesota 55101 and 12011 San Vicente Blvd, Ste
700, Los Angeles, CA 90049. Attorneys Michael Reck, among others at
Jeff Anderson & Associates, are duly licensed to practice before
Courts of the State of California and the United States District
Court for the Southern District of California.
Jeff Anderson & Associates individually represents each Sexual
Abuse Claimant. Due to confidentiality, each Claimant listed has
been identified by their Sexual Abuse Proof of Claim Form number.
The names and addresses of the confidential Claimants are available
to permitted parties who have executed a confidentiality agreement
and have access to the Sexual Abuse Claim Forms.
Pursuant to individual fee agreements, Jeff Anderson & Associates
was individually retained by each Claimant to pursue claims for
damages against The Roman Catholic Diocese of San Diego, California
as a result of sexual abuse. This includes representing and acting
on behalf of each Claimant in the bankruptcy case.
Each Claimant maintains an individual economic interest against the
Debtor, The Roman Catholic Diocese of San Diego, California, that
has been disclosed in the Confidential Sexual Abuse Claim
Supplement or will be disclosed in the future.
Attorneys for Certain Abuse Survivor Claimants:
JEFF ANDERSON & ASSOCIATES, P.A.
Michael Reck, Esq.
Stacey Benson, Esq.
12011 San Vicente Blvd, Ste 700
Los Angeles, CA 90049
Telephone: 310-357-2425
Email: mreck@andersonadvocates.com
stacey@andersonadvocates.com
About The Roman Catholic Bishop of San Diego
The Roman Catholic Bishop of San Diego sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.P.R. Case No.
24-02202) on June 17, 2024. In the petition signed by Rodrigo
Valdivia, vice moderator of the Curia, the Debtor disclosed up to
$500 million in both assets and liabilities.
Judge Christopher B. Latham oversees the case.
The Debtor tapped Gordon Rees Scully Mansukhani, LLP as counsel and
GlassRatner Advisory & Capital Group, LLC, doing business as B.
Riley Advisory Services, as financial advisor. Donlin, Recano &
Company, Inc., as administrative advisor.
DON ENTERPRISES: Taps Howard Hanna Real Estate Services as Broker
-----------------------------------------------------------------
DON Enterprises, Inc. seek approval from the U.S. Bankruptcy Court
for the Western District of Pennsylvania to employ Howard Hanna
Real Estate Services as real estate broker.
The Debtor needs a broker to assist in the sale of its real
property.
The broker will receive a commission of 6 percent upon the sale of
the property, with a flat fee of $425 per transaction.
Renee Dean, a real estate agent at Howard Hanna Real Estate
Services, 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:
Renee Dean
Howard Hanna Real Estate Services
2900 Wilmington Road
New Castle, PA 16105
About DON Enterprises Inc.
DON Enterprises Inc. is a nonprofit organization focusing on
community revitalization, housing, and employment opportunities for
people with disabilities. Through its range of programs and
services, DON Enterprises strives to foster a more inclusive
community while promoting independence and integration into
society.
DON Enterprises Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-20379) on
February 17, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
The Debtor is represented by Kathryn L. Harrison, Esq. at Campbell
& Levine, LLC.
Wesbanco Bank, as lender, is represented by Jeffrey R. Lalama, Esq.
at Meyer Unkovic & Scott LLP.
DOS LAGOS: Hires Weintraub Zolkin Talerico & Selth as Counsel
-------------------------------------------------------------
Dos Lagos Center 2, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Weintraub
Zolkin Talerico & Selth LLP as counsel.
The firm will rendeer these services:
(a) advise the Debtor of its rights, powers, and duties;
(b) advise concerning all general administrative matters in
the bankruptcy case and dealings with the Office of the United
States Trustee;
(c) represent the Debtor at all hearings before the United
States Bankruptcy Court, unless it is represented in that
proceeding or hearing by other/special counsel;
(d) prepare on the Debtor's behalf of all necessary legal
papers;
(e) advise the Debtor regarding matters of bankruptcy law;
(f) represent the Debtor with regard to all contested
matters;
(g) represent the Debtor in any litigation commenced by, or
against it, provided that such litigation is within the firm's
expertise and subject to a further engagement agreement with it on
terms acceptable to it and the firm;
(h) represent the Debtor with regard to the negotiation,
preparation and implementation of one or more plans of
reorganization;
(i) analyze any secured, priority, or general unsecured claims
that have been filed in the bankruptcy case;
(j) negotiate with the Debtor's secured and unsecured
creditors regarding the amount and payment of claims;
(k) object to claims as may be appropriate; and
(l) perform all other legal services for the Debtor in its
capacities, as may be necessary.
The firm will be paid at these hourly rates:
Daniel Weintraub, Of Counsel $750
Derrick Talerico, Partner $675
David Zolkin, Partner $675
James Selth, Of Counsel $585
Tania Ingman, Of Counsel $550
Catherine Liu, Partner $550
Michael Kim, Of Counsel $500
Paige Rolfe, Associate $425
Martha Araki, Paralegal $295
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a pre-petition retainer of $5,000 from the
Debtor.
Mr. Talerico 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:
Derrick Talerico, Esq.
Weintraub Zolkin Talerico & Selth LLP
11766 Wilshire Boulevard, Suite 730
Los Angeles, CA 90025
Telephone: (424) 500-8552
About Dos Lagos Center 2 LLC
Dos Lagos Center 2 LLC is a California-based company engaged in
commercial real estate development and property management. It
operates in the Los Angeles area and is registered in the City of
Industry.
Dos Lagos Center 2 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-13642) on June 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Magdalena Reyes Bordeaux handles the
case.
The Debtor is represented by Derrick Talerico, Esq. at Weintraub,
Zolkin Talerico & Selth LLP.
DRIVERTECH LLC: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Drivertech, LLC
1960 S Milestone Dr
Ste B
Salt Lake City, UT 84104
Business Description: DriverTech LLC provides telematics hardware
and software solutions for commercial
trucking fleets. The Company offers in-cab
devices, fleet management software, and
driver communication tools designed to
support compliance, safety, and operational
efficiency.
Chapter 11 Petition Date: July 8, 2025
Court: United States Bankruptcy Court
District of Utah
Case No.: 25-23856
Judge: Hon. Peggy Hunt
Debtor's Counsel: Douglas J. Payne, Esq.
FABIAN VANCOTT
95 South State Street, Suite 2300
Salt Lake City, UT 84111-1653
Tel: 801-531-8900
E-mail: dpayne@fabianvancott.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $10 million to $50 million
The petition was signed by Mark C. Haslam as managing member.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/R2DAMRA/Drivertech_LLC__utbke-25-23856__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RTW4BRQ/Drivertech_LLC__utbke-25-23856__0001.0.pdf?mcid=tGE4TAMA
DRIVERTECH LLC: Seeks Chapter 11 Bankruptcy in Utah
---------------------------------------------------
On July 1, 2025, Drivertech LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the District of Utah. According to court
filing, the Debtor reports between $10 million and $50
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About Drivertech LLC
Drivertech LLC is a Salt Lake City, UT-based developer of mobile
communications and GPS tracking systems for fleet and field-service
management.
Drivertech LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Utah Case No. 25-23856) on July 1, 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 Peggy Hunt handles the case.
The Debtors are represented by Douglas J. Payne, Esq. at Fabian
Vancott.
EXACTECH INC: Examiner Hires Sawyer & Nelson P.A. as Counsel
------------------------------------------------------------
Robert J. Keach, the fee examiner of Exactech Inc. and its
affiliates seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to employ Sawyer & Nelson, P.A. as counsel.
The firm will provide these services:
a. reviewing and assessing all Fee Applications and related
invoices for compliance with: i. Bankruptcy Code sections 105, 327,
328, 329, 330, 331, 363, and 1103 as applicable, pursuant to each
Retained Professional's retention order; ii. the Bankruptcy Rules;
iii. the Local Rules; iv. the United States Trustee Guidelines for
Reviewing Applications for Compensation and Reimbursement of
Expenses Filed Under 11 U.S.C. Section 330, C.F.R. Part 58,
Appendix A, and the Guidelines for Reviewing Applications for
Compensation and Reimbursement of Expenses Filed under 11 U.S.C.
Section 330 by Attorneys in Large Chapter 11 Cases Effective as of
November 1, 2013, at 28 C.F.R. Part 58, Appendix B (collectively
the "UST Guidelines"); v. the Order Establishing Procedures for
Interim Compensation and Reimbursement of Expenses for Retained
Professionals ("Interim Compensation Order") [Docket No. 253]; and
vi. the Fee Examiner Order.
b. assisting the Fee Examiner in any hearings or other
proceedings before the Court to consider the Fee Applications
including, without limitation, advocating positions asserted in the
reports filed by the Fee Examiner and on behalf of the Fee
Examiner;
c. assisting the Fee Examiner with legal issues raised by
inquiries to and from the Retained Professionals and any other
professional services provider retained by the Fee Examiner;
d. where necessary, attending meetings between the Fee
Examiner and the Retained Professionals;
e. assisting the Fee Examiner with the preparation of
preliminary and final reports regarding professional fees and
expenses;
f. assisting the Fee Examiner in developing protocols and
making reports and recommendations; and
g. providing such other services as the Fee Examiner may
request.
The firm will be paid at these rates:
Shareholders Attorneys $395 to $850 per hour
Associate Attorney $300 to $375 per hour
Robert J. Keach, Shareholder $850 per hour
Louis H. Kornreich, Of Counsel $810 per hour
D. Sam Anderson, Shareholder $650 per hour
Lindsay Z. Milne, Shareholder $595 per hour
Adam R. Prescott, Shareholder $495 per hour
Letson D. Boots, Shareholder $395 per hour
Brita J. Forssberg, Of Counsel $410 per hour
Jennifer Novo, Associate $325 per hour
Angela Stewart, Paralegal $320 per hour
The following is provided in response to the request for additional
information set forth in Paragraph D.1 of the UST Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post petition, explain the
difference and the reasons for the difference.
Answer: N/A
Question: Has the Fee Examiner approved your prospective budget
and staffing plan, and, if so, for what budget period?
Answer: The Fee Examiner will approve a budget and general
staffing plan in connection with BSSN's representation of the Fee
Examiner.
Robert J. Keach, a partner at Sawyer & Nelson, P.A., disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Robert J. Keach, Esq.
Sawyer & Nelson, P.A.
100 Middle Street, West Tower
Portland, ME 04104
Telephone: (207) 774-1200
Facsimile: (207) 228-7334 Direct
Email: rkeach@bernsteinshur.com
About Exactech Inc.
Exactech Inc. -- https://www.exac.com/ -- is a joint-replacement
implant manufacturer owned by TPG Capital.
Exactech Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 24-12441) on October 29, 2024. In the
petition filed by Donna H. Edwards, as general counsel and senior
vice president, the Debtor estimated assets and liabilities between
$100 million and $500 million each.
The Debtor is represented by Ryan M. Bartley, Esq. at Young Conaway
Stargatt & Taylor, LLP. The creditors are represented by Eric
Goodman, Esq., David Molton, Esq., and Cameron Moxley, Esq. at
Brown Rudnick and TPG is represented by Mark Premo-Hopkins, Esq. at
Kirkland & Ellis.
FERNANDEZ P. ENTERPRISE: Seeks Chapter 11 Bankruptcy in Florida
---------------------------------------------------------------
On July 8, 2025, Fernandez P. Enterprise LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Florida. 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 Fernandez P. Enterprise LLC
Fernandez P. Enterprise LLC is a single asset real estate company
operating in Margate, Florida.
Fernandez P. Enterprise LLCsought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-17777) on July
8, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Peter D. Russin handles the case.
FORTRESS INTERMEDIATE: S&P Affirms 'B' ICR on Refinancing
---------------------------------------------------------
S&P Global Ratings affirmed its 'B' issuer credit rating on
Fortress Intermediate 3 (doing business as Presidio).
S&P said, "We also assigned our 'B' issue-level rating and '3'
recovery rating to Presidio's repriced $1,844 billion first-lien
senior secured term loan B.
"The stable outlook on Presidio reflects our view that revenue will
increase in the mid- to high-single-digit percentage area over the
next 12 months due to the resurgence of hardware growth, continued
growth in cloud, stand-alone software, and services and revenue
from acquisitions. Our base case scenario assumes S&P Global
Ratings-adjusted debt to EBITDA declines to the high-5x area and
free operating cash flow (FOCF) to debt remains about 6%-7% in
fiscal 2026."
Presidio recently completed the repricing of its existing $1,844
million term loan B and reduced its pricing by 50 basis points
(bps), saving the company about $9.2 million per year.
This transaction is leverage neutral, with the company's 7.4x S&P
Global Ratings-adjusted debt leverage remaining unchanged as of
March 31, 2025. S&P expects it will decline to around 6.3x this
year with further improvement in 2026.
The rating affirmation reflects S&P's expectation that credit
metrics will continue to improve in 2025 and 2026 due to good
operating performance and cash flow generation will improve due to
interest savings from the leverage-neutral repricing. Presidio's
revenue increased 22.6% in the third quarter of fiscal 2025 and
6.9% for the nine-months-ended March 31, 2025, primarily reflecting
gains across hardware, software, public cloud, and maintenance
segments. Additionally, service revenue increased approximately
10%, driven by foundational services across all categories.
Although the higher proportion of hardware revenue negatively
affected gross margin, Presidio effectively managed selling,
general, and administrative (SG&A) expenses, leading to improved
S&P Global Ratings-adjusted EBITDA margins and modest overall
margin expansion.
Cash flow generation has remained strong, benefiting from solid
operational performance and working capital improvements, notably
the collection of aged receivables and initiatives aimed at driving
working capital efficiencies. S&P said, "Moreover, we anticipate
Presidio's recently completed term loan repricing to yield annual
interest expense savings of approximately $9.2 million, which
should be further supportive of future cash flow generation. For
the full-fiscal-year ended June 30, 2025, we anticipate leverage
will improve to 6.3x, down from 7.4x as of March 31, 2025, driven
by sustained operational momentum and the roll-off of expenses
related to the 2024 leveraged buyout and restructuring actions."
Presidio's gross profit mix continues to skew towards higher margin
and recurring products. Despite the ongoing tariff disputes,
Presidio has not experienced changes in demand or project
deferrals. As of the third quarter of 2025, the company's backlog
stood at $2.3 billion, a modest decrease from the previous quarter,
primarily due to the timing of large deal closings. In our updated
forecast, S&P anticipates the backlog will continue to trend upward
over time, thereby enhancing visibility into future revenue.
As of March 31, 2025, standalone software, services, and public
cloud accounted for 52% of the company's gross profit, up from 47%
in 2023 and significantly higher than the 23% reported in 2018. S&P
said, "We view this shift in product mix favorably, as these
offerings have higher gross margins and lower capital intensity.
Moreover, recurring gross profit continues to grow in importance,
representing approximately 40% of total gross profit at the end of
third-quarter 2025, up from 35% in December 2023 and just 12% in
December 2018. We expect recurring gross profit to remain a
strategic focus. Should demand conditions weaken due to tariffs or
deteriorating economic conditions, we believe Presidio's backlog
and increasing recurring gross profit will help mitigate these
pressures and sustain operating performance."
S&P said, "We expect Presisio will continue making acquisitions
with cash flow and debt. We believe IT solutions providers like
Presidio view acquisitions as an important growth avenue because
they generally increase technological capabilities, talent
availability, and serviceable geographies. In 2025, the company
made three acquisitions and funded them with internally generated
cash flow. We expect these acquisitions will add about $25 million
of EBITDA in 2026. While we view cash-funded acquisitions as less
risky because debt-funded acquisitions tend to be bigger and may
come with higher integration risk and cost. However, Presidio has a
strong history of integrating tuck-in acquisitions, including 12
acquisitions over the past 10 years. We expect the company to use
future leverage capacity to continue this acquisitive strategy, but
we expect it will prudently allocate capital such that leverage
will remain below 6.5x.
"The stable rating outlook on Presidio reflects our forecast that
it will increase its total organic revenue by the mid- to
high-single-digit percentage area over the next 12 months, due to
growing hardware sales combined with growth in cloud, stand-alone
software, and services. Our base-case scenario assumes S&P Global
Ratings-adjusted debt to EBITDA in the high-5x area and FOCF to
debt of about 6%-7% through fiscal 2026.
"We could lower our rating on Presidio if the company's leverage
remains above 6.5x and its FOCF to debt drops below 2.5% without
near-term prospects for improvement." This could result from:
-- Weak demand for products from its key suppliers;
-- A prolonged downturn in customer IT spending due to a
recession;
-- Declining profitability stemming from increased competition or
a disruption in the rebate environment; or
-- A more aggressive financial policy, including further
acquisitions resulting in leverage above 6.5x.
S&P said, "Although unlikely given its financial-sponsor ownership,
we could raise our rating on Presidio if EBITDA growth or debt
prepayment decrease and keep leverage below 5x. This would most
likely occur if the company's revenue in its cloud and security
solutions segment continue to grow, its largest product supplier
experiences strong performance, and it uses FOCF for early debt
repayment."
FRED RAU: Gets OK to Use Cash Collateral Until July 31
------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of California,
Fresno Division granted Fred Rau Dairy Inc.'s motion to use cash
collateral.
The court authorized the Debtor's interim use of cash collateral,
including those funds in its Wells Fargo accounts, until July 31 in
accordance with its budget. A 10% budget variance is allowed.
Creditors with security interests in the cash collateral were
granted replacement liens on all of the Debtor's assets, with the
same validity and priority as their pre-bankruptcy liens.
AgWest Farm Credit, FLCA and AgWest Farm Credit, PCA may, but are
not required to, seek payments as protection.
A final hearing is scheduled for July 16.
About Fred Rau Dairy Inc.
Fred Rau Dairy, Inc. operates a large-scale dairy farm in Fresno,
California. The family-owned business utilizes advanced robotic
milking systems and automated feeding technologies. It has been
part of the regional agricultural sector since 1976.
Fred Rau Dairy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-11791) on May 29,
2025. In its petition, the Debtor reported between $10 million and
$50 million in both assets and liabilities.
Judge Jennifer E. Niemann handles the case.
The Debtor is represented by:
Peter L Fear
Fear Waddell, P.C.
Tel: 559-436-6575
Email: fearnotice@gmail.com
FTX TRADING: To Eliminate Broad Future Claims to Protect Resources
------------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that FTX Trading Ltd., now
operating as a trust to repay customers whose crypto assets were
frozen during its 2022 collapse, is seeking court approval to
bypass the review and reconciliation of late-filed claims by
implementing procedures to automatically reject them.
In a Tuesday, July 8, 2025, filing with the U.S. Bankruptcy Court
for the District of Delaware, the company said summarily
disallowing untimely claims would streamline its efforts to process
over $27 quintillion in Chapter 11 payment requests.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
FUSION SPONSOR: Del. Chancery Court to Approve $12.75M Settlement
-----------------------------------------------------------------
Pursuant to an order Court of Chancery of the State of Delaware
("Court") and Rule 23 of the Delaware Rules of Civil Procedures,
that (i) stockholder class action ("Action") pending in the Court
has been preliminarily certified as a class action on behalf of the
beneficial holders of Fusion Acquisition Corp. ("FAC") class A
common stock, and (ii) Kyle Martel and Joe Bryant ("Plaintiffs"),
and FAC, John James, Jeffrey Gary, Jim Ross, Kelly Driscoll, Ben
Buettell, Diwakar Choubey, and Broadhaven Capital Partners LLC
("FAC Defendants") have reached a proposed settlement of $12.75
million in cash as set forth in a stipulation, which is available
at https://https://moneylionstockholdersettlement.com. The
settlement, if approved by the Court, will resolve all claims in
the action.
A hearing will be held on July 24, 2025, at 11:00 a.m., before the
Hon. Nathan A. Cook, Vice Chancellor, at the Court of Chancery of
the State of Delaware, Leonard L. Williams Justice Center, 500
North King Street, Wilmington, Delaware 19801, or remotely by
telephone or videoconference.
To maximize your recovery potential from the settlement, class
members must submit a proof of claim form by no later than Sept. 2,
2025. Object to the settlement by submitting a written objection
so that it is received no later than July 9, 2025.
The Action arises out of FAC Defendants' alleged impairment of FAC
Class A common stockholders' right to make an informed redemption
in connection with the business combination between FAC and Legacy
MoneyLion ("Merger"). The FAC Defendants were duty bound to
provide FAC stockholders with all material information related to
their redemption decision in an honest and forthright manner.
Plaintiffs allege: (i) that the FAC Defendants, aided and abetted
by Choubey and Broadhaven, caused FAC to make materially false and
misleading public statements about the benefits of the proposed
business combination; (ii) that the Merger was not entirely fair to
FAC stockholders, and (iii) that the alleged breaches of fiduciary
duty, related aiding and abetting breaches of fiduciary duty, and
unjust enrichment harmed the Class by, among other things,
dissuading Class Members from redeeming their stock. In this
Action, Plaintiffs sought an award of monetary and/or rescissory
damages to themselves and the Class.
Defendants deny any and all allegations of wrongdoing, fault,
liability, or damages whatsoever in connection with the Action,
including, but not limited to, any allegations that any Defendants
have committed any violations of law or breach of any duty owed to
FAC stockholders, that the Merger was not entirely fair to, or in
the best interests of, FAC stockholders, that Defendants have acted
improperly in any way, that Defendants have any liability or owe
any damages of any kind to Plaintiffs and/or the Class, and/or that
any Defendants were unjustly enriched in, or as a result of, the
Merger.
If you have questions regarding the Settlement, you may contact the
Settlement Administrator:
MoneyLion Stockholder Settlement
c/o A.B. Data, Ltd.
P.O. Box 173115
Milwaukee, WI 53217
Tel: 877-390-3144; or
Kelly L. Tucker, Esq.
Plaintiffs' Counsel
Grant & Eisenhofer P.A.
123 Justison Street
Wilmington, DE 19801
Tel: 302-622-7000
Email: ktucker@gelaw.com
Register in Chancery can be reached at:
Register in Chancery
Court of Chancery of the State of Delaware
Leonard L. Williams Justice Center
500 North King Street
Wilmington, DE 19801
Plaintiffs' Counsel:
Kelly L. Tucker, Esq.
Grant & Eisenhofer P.A.
123 Justison Street
Wilmington, DE 19801
Email: ktucker@gelaw.com
Adam J. Blander, Esq.
Wolf Popper LLP
845 Third Avenue
New York, NY 10022
Email: ablander@wolfpopper.com
FAC Defendants' Counsel:
Paul J. Loughman, Esq.
Young Conaway Stargatt & Taylor LLP
Rodney Square
1000 North King Street
Wilmington, DE 19801
Email: ploughman@ycst.com
William M. Lafferty, Esq.
Morris, Nichols, Arsht & Tunnel, LLP
1201 North Market Street
16th Floor
Wilmington, DE19801
Email: wlafferty@morrisnichols.com
Bradley R. Aronstam, Esq.
Ross Aronstam & Moritz LLP
Hercules Building
1313 North Market Street
Suite 1001
Wilmington, DE 19801
Email: BAronstam@ramllp.com
Fusion Acquisition Corp. -- https://www.fusionacq.com -- is a blank
check company whose business purpose is to effect a merger, capital
stock exchange, asset acquisition, stock purchase, reorganization
or similar business combination with one or more businesses.
GENESIS HEALTHCARE: Case Summary & 30 Largest Unsecured Creditors
-----------------------------------------------------------------
Lead Debtor: Genesis Healthcare, Inc.
101 East State Street
Kennett Square, PA 19348
Business Description: Genesis Healthcare, Inc. is a holding
company whose subsidiaries operate
approximately 175 skilled nursing and
assisted living facilities across 18 U.S.
states. The Company provides post-acute
care, including short- and long-term
services, as well as specialized offerings
such as orthopedic rehabilitation,
Alzheimer's care, ventilator and dialysis
care. Its subsidiaries also offer contract
rehabilitation therapy, physician services,
respiratory therapy, staffing, and
accountable care.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Two hundred ninety-nine affiliates that concurrently filed
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code:
Debtor Case No.
------ --------
Genesis Healthcare, Inc. (Lead Case) 25-80185
624 N. Converse Street Property, LLC 25-80182
850 12th Avenue Property, LLC 25-80183
GHC TX Operations LLC 25-80184
211-213 Ana Drive Operations LLC 25-80186
Genesis WV Holdings LLC 25-80187
1 Glen Hill Road Operations LLC 25-80188
2125 Elizabeth Avenue Operations LLC 25-80189
330 Franklin Turnpike Operations LLC 25-80190
Powerback Rehabilitation, LLC 25-80191
22 Tuck Road Operations LLC 25-80192
333 Green End Avenue Operations LLC 25-80193
PRMC/GEC at Salisbury Center, LLC 25-80194
1 Sutphin Drive Operations LLC 25-80195
GHC Holdings LLC 25-80196
3430 Huntingdon Pike Operations LLC 25-80197
225 Evergreen Road Operations LLC 25-80198
227 Evergreen Road Operations LLC 25-80199
2 Blackberry Lane Operations LLC 25-80200
3485 Davisville Road Operations II LLC 25-80201
Property Resource Holdings, LLC 25-80202
23 Fair Street Operations LLC 25-80203
10 Woodland Drive Operations LLC 25-80204
23 Fair Street Property, LLC 25-80205
Regency Health Services, LLC 25-80206
GHC JV Holdings LLC 25-80207
24 Old Etna Road Operations LLC 25-80208
Respiratory Health Services LLC 25-80209
11 Dairy Lane Operations LLC 25-80210
2400 Kingston Court Operations LLC 25-80211
GHC Payroll LLC 25-80212
3514 Fowler Avenue Operations LLC 25-80213
12-15 Saddle River Road Operations LLC 25-80214
Romney Health Care Center Limited Partnership 25-80216
25 Ridgewood Road Operations LLC 25-80217
3590 Washington Pike Operations LLC 25-80218
Route 92 Operations LLC 25-80219
20 Maitland Street Operations LLC 25-80220
Saddle Shop Road Operations LLC 25-80221
100 Abbeyville Road Operations LLC 25-80222
2507 Chestnut Street Operations LLC 25-80223
Granite Ledges JV LLC 25-80224
3720 Church Rock Street Operations LLC 25-80225
Salisbury JV LLC 25-80226
2600 Northampton Street Operations LLC 25-80227
100 Chambers Street Operations LLC 25-80228
Harborside Danbury Limited Partnership 25-80229
262 Toll Gate Road Operations LLC 25-80230
390 Red School Lane Operations LLC 25-80231
100 W. Queen Street Operations LLC 25-80232
2720 Charles Town Road Operations LLC 25-80233
101 13th Street Operations LLC 25-80234
Scarborough Operations, LLC 25-80235
279 Cabot Street Operations LLC 25-80236
Harborside Health I LLC 25-80237
SHG Partnership, LLC 25-80238
279 Cabot Street Property LLC 25-80239
40 Crosby Street Operations LLC 25-80240
2800 Palo Parkway Operations LLC 25-80241
SHG Resources, LLC 25-80242
Harborside Healthcare Advisors Limited Partnership 25-80243
40 Whitehall Road Operations LLC 25-80244
290 Hanover Street Operations LLC 25-80245
101 Development Group, LLC 25-80246
292 Applegarth Road Operations LLC 25-80247
Harborside Healthcare Limited Partnership 25-80248
3 Industrial Way East Operations LLC 25-80249
105 Chester Road Operations LLC 25-80250
Skies Healthcare and Rehabilitation Center, LLC 25-80251
Harborside Healthcare, LLC 25-80252
106 Tyree Street Operations LLC 25-80253
30 West Avenue Operations LLC 25-80254
Skiles Avenue and Sterling Drive Urban Renewal
Operations LLC 25-80255
40 Whitehall Road Property LLC 25-80256
300 Pearl Street Operations LLC 25-80257
113 W. McMurray Road Operations LLC 25-80258
3000 Windmill Road Operations LLC 25-80259
115 S. Providence Road Operations LLC 25-80260
Skilled Healthcare, LLC 25-80261
Harborside New Hampshire Limited Partnership 25-80262
400 McKinley Avenue Operations LLC 25-80263
302 Cedar Ridge Road Operations LLC 25-80264
125 Holly Road Operations LLC 25-80265
Albuquerque Heights Healthcare and Rehabilitation 25-80266
Skowhegan SNF Operations, LLC 25-80267
4140 Old Washington Highway Operations LLC 25-80268
Albuquerque Heights Property, LLC 25-80269
128 East State Street Associates, LLC 25-80270
St. Anthony Healthcare and Rehabilitation Center 25-80271
419 Harding Street Operations LLC 25-80272
Belen Meadows Healthcare and Rehabilitation Center 25-80273
Harborside Rhode Island Limited Partnership 25-80274
136 Donahoe Manor Road Operations LLC 25-80275
422 23rd Street Operations LLC 25-80276
Belfast Operations, LLC 25-80277
St. Catherine Healthcare and Rehabilitation Center 25-80278
161 Bakers Ridge Road Operations LLC 25-80279
Brier Oak on Sunset, LLC 25-80280
Harborside Toledo Business LLC 25-80281
425 Buttonwood Street Operations LLC 25-80282
St. John Healthcare and Rehabilitation Center, LLC 25-80283
175 Blueberry Lane Operations LLC 25-80284
Camden Operations, LLC 25-80285
450 East Philadelphia Avenue Operations LLC 25-80286
191 Hackett Hill Road Operations LLC 25-80287
St. Theresa Healthcare and Rehabilitation Center 25-80288
462 Main Street Operations LLC 25-80289
HBR Kentucky, LLC 25-80290
Canyon Albuquerque Property, LLC 25-80291
State Street Associates, L.P. 25-80292
200 Pauline Drive Operations LLC 25-80293
50 Mulberry Tree Street Operations LLC 25-80294
State Street Kennett Square, LLC 25-80295
Canyon Transitional Rehabilitation Center, LLC 25-80296
200 Reynolds Avenue Operations LLC 25-80297
HBR Trumbull, LLC 25-80298
Clovis Healthcare and Rehabilitation Center, LLC 25-80299
Stillwell Road Operations LLC 25-80300
50 Pheasant Road Operations LLC 25-80301
Encore GC Acquisition LLC 25-80302
200 South Ritchie Avenue Operations LLC 25-80303
Summit Care Parent, LLC 25-80304
Encore Pediatrics, LLC 25-80305
201 Wood Street Operations LLC 25-80306
HC 63 Operations LLC 25-80307
Summit Care, LLC 25-80308
Encore Preakness, LLC 25-80309
500 East Philadelphia Avenue Operations LLC 25-80310
1000 Lincoln Drive Operations LLC 25-80311
Encore Rehabilitation Services, LLC 25-80312
501 Thomas Jones Way Operations LLC 25-80313
Kansas City Transitional Care Center, LLC 25-80314
1008 Thompson Street Operations LLC 25-80315
Falmouth Operations, LLC 25-80316
1020 South Main Street Operations LLC 25-80317
Farmington Operations, LLC 25-80318
1070 Stouffer Avenue Operations LLC 25-80319
FC-GEN Operations Investment, LLC 25-80320
Kennebunk Operations, LLC 25-80321
Sun Healthcare Group, Inc. 25-80322
1100 Norman Eskridge Highway Operations LLC 25-80323
Five Ninety Six Sheldon Road Operations LLC 25-80324
Kennett Center, L.P. 25-80325
Forty Six Nichols Street Operations LLC 25-80326
1104 Welsh Road Operations LLC 25-80327
SunBridge Beckley Health Care LLC 25-80328
505 Weyman Road Operations LLC 25-80329
Fountain Holdco, LLC 25-80330
1105 Perry Highway Operations LLC 25-80331
KHI LLC 25-80332
530 Macoby Street Operations LLC 25-80333
SunBridge Care Enterprises, LLC 25-80334
1245 Church Road Operations LLC 25-80335
Leasehold Resource Group, LLC 25-80336
54 Sharp Street Operations LLC 25-80337
1248 Hospital Drive Operations LLC 25-80338
SunBridge Clipper Home of North Conway, LLC 25-80339
GEN Operations I, LLC 25-80340
Lewiston Operations, LLC 25-80341
5485 Perkiomen Avenue Operations LLC 25-80342
1361 Route 72 West Operations LLC 25-80343
GEN Operations II, LLC 25-80344
GEN-CCG WO Master Tenant LLC 25-80345
1539 Country Club Road Operations LLC 25-80346
LTC ACO, LLC 25-80347
550 South Negley Avenue Operations LLC 25-80348
Genesis Administrative Services LLC 25-80349
1543 Country Club Road Manor Operations LLC 25-80350
5609 Fifth Avenue Operations LLC 25-80351
Magnolia JV LLC 25-80352
Genesis CT Holdings LLC 25-80353
1631 Ritter Drive Operations LLC 25-80354
Genesis CT XCL Operations LLC 25-80355
590 North Poplar Fork Road Operations LLC 25-80356
1650 Galisteo Street Operations LLC 25-80357
Genesis DE Holdings LLC 25-80358
Maryland Harborside, LLC 25-80359
60 Highland Road Operations LLC 25-80360
1680 Spring Creek Road Operations LLC 25-80361
Genesis Dynasty Operations LLC 25-80362
Metro Therapy, Inc. 25-80363
600 Paoli Pointe Drive Operations LLC 25-80364
1700 Market Street Operations LLC 25-80365
Genesis Eldercare Network Services, LLC 25-80366
1700 Pine Street Operations LLC 25-80367
SunBridge Clipper Home of Wolfeboro, LLC 25-80368
Nine Haywood Avenue Operations LLC 25-80369
Genesis ElderCare Physician Services, LLC 25-80370
600 W. Valley Forge Road Operations LLC 25-80371
Genesis HealthCare LLC 25-80372
Odd Lot LLC 25-80373
SunBridge Dunbar Health Care LLC 25-80374
613 Hammonds Lane Operations LLC 25-80375
Genesis HealthCare of Maine, LLC 25-80376
SunBridge Gardendale Health Care Center, LLC 25-80377
Orono Operations, LLC 25-80378
640 Bethlehem Pike Operations LLC 25-80379
Genesis Holdings LLC 25-80380
Genesis MA Holdings LLC 25-80381
SunBridge Goodwin Nursing Home, LLC 25-80382
642 Metacom Avenue Operations LLC 25-80383
PAI Participant 1, LLC 25-80384
Genesis MD Holdings LLC 25-80385
Genesis Midwest II Operations LLC 25-80386
Genesis NH Holdings LLC 25-80387
PAI Participant 2, LLC 25-80388
1770 Barley Road Operations LLC 25-80389
660 Commonwealth Avenue Operations LLC 25-80390
PAI Participant 3, LLC 25-80391
Genesis NHG Operations LLC 25-80392
677 Court Street Operations LLC 25-80393
1848 Greentree Road Operations LLC 25-80394
PAI Participant 4, LLC 25-80395
Genesis NHG-GEN Operations LLC 25-80396
2021 Westgate Drive Operations LLC 25-80397
Genesis NJ Holdings LLC 25-80398
PBR Intermediate Holdings, LLC 25-80399
SunBridge Nursing Home, LLC 25-80400
2029 Westgate Drive Operations LLC 25-80401
Genesis OMG Operations LLC 25-80402
SunBridge Putnam Health Care LLC 25-80403
PDDTSE, LLC 25-80404
Genesis Operations III LLC 25-80405
2101 Fairland Road Operations LLC 25-80406
SunBridge Regency-North Carolina, LLC 25-80407
7 Baldwin Street Operations LLC 25-80408
Genesis Operations IV LLC 25-80409
Peak Medical Assisted Living, LLC 25-80410
Genesis Operations LLC 25-80411
Genesis Operations V LLC 25-80412
Genesis Operations VI LLC 25-80413
Peak Medical Las Cruces No. 2, LLC 25-80414
Genesis Orion Operations LLC 25-80415
Peak Medical Las Cruces, LLC 25-80416
Genesis PA Holdings LLC 25-80417
SunBridge Regency-Tennessee, LLC 25-80418
Genesis Partnership LLC 25-80419
SunBridge Retirement Care Associates, LLC 25-80420
Peak Medical New Mexico No. 3, LLC 25-80421
Genesis Physician Services MSO, LLC 25-80422
SunBridge Salem Health Care LLC 25-80423
Genesis PM CO Operations LLC 25-80424
SunDance Rehabilitation Agency, LLC 25-80425
Genesis PM NJ Operations LLC 25-80426
Genesis PM PA Operations LLC 25-80427
700 Marvel Road Operations LLC 25-80428
SunDance Rehabilitation Holdco, Inc. 25-80429
Peak Medical Roswell, LLC 25-80430
Genesis RI Holdings LLC 25-80431
700 Town Bank Road Operations LLC 25-80432
SunDance Rehabilitation, LLC 25-80433
Genesis VA Holdings LLC 25-80434
The Rehabilitation Center of Albuquerque, LLC 25-80435
715 East King Street Operations LLC 25-80436
Peak Medical, LLC 25-80437
Genesis SNI Operations LLC 25-80438
Thirty Five Bel-Aire Drive SNF Operations LLC 25-80439
723 Summers Street Operations LLC 25-80440
Genesis Tang Operations LLC 25-80441
Pine Tree Villa LLC 25-80442
Three Mile Curve Operations LLC 25-80443
Genesis VT Holdings LLC 25-80444
Post-Acute Innovations, LLC 25-80445
Waterville SNF Operations LLC 25-80446
724 N. Charlotte Street Operations LLC 25-80447
Westbrook Operations, LLC 25-80448
Powerback Pediatrics of Arkansas, LLC 25-80449
735 Putnam Pike Operations LLC 25-80450
Westwood Medical Park Operations LLC 25-80451
Powerback Pediatrics of Georgia, LLC 25-80452
75 Hickle Street Operations LLC 25-80453
Courtyard JV LLC 25-80454
777 Lafayette Road Operations LLC 25-80455
Powerback Pediatrics of Missouri, LLC 25-80456
Franklin Woods JV LLC 25-80457
8 Rose Street Operations LLC 25-80458
GEN BQ JV HOLDINGS LLC 25-80459
Powerback Pediatrics of Nebraska, LLC 25-80460
GEN CCG JV Holdings LLC 25-80461
8 Snow Road Operations LLC 25-80462
Powerback Pediatrics of South Carolina, LLC 25-80463
GEN SF JV Holdings, LLC 25-80464
Powerback Pediatrics of Vermont, LLC 25-80465
GEN-Next Holdco I, LLC 25-80466
80 Maddex Drive Operations LLC 25-80467
800 Court Street Circle Operations LLC 25-80468
803 Hacienda Lane Operations LLC 25-80469
885 MacBeth Drive Operations LLC 25-80470
8100 Washington Lane Operations LLC 25-80471
825 SUMMIT STREET OPERATIONS LLC 25-80472
84 Cold Hill Road Operations LLC 25-80473
840 Lee Road Operations LLC 25-80474
867 York Road Operations LLC 25-80475
900 Tuck Street Operations LLC 25-80476
91 Country Village Road Operations LLC 25-80477
940 Walnut Bottom Road Operations LLC 25-80478
98 Hospitality Drive Operations LLC 25-80479
SunBridge Healthcare, LLC 25-80480
Judge: Hon. Stacey G Jernigan
Debtors'
General
Bankruptcy
Counsel: Marcus A. Helt, Esq.
Jack G. Haake, Esq.
Grayson Williams, Esq.
MCDERMOTT WILL & EMERY LLP
2801 N. Harwood Street, Suite 2600
Dallas, Texas 75201-1574
Tel: (214) 295-8000
Fax: (972) 232-3098
Email: mhelt@mwe.com
jhaake@mwe.com
gwilliams@mwe.com
- and -
Daniel M. Simon, Esq.
Emily C. Keil, Esq.
William A. Guerrieri, Esq.
MCDERMOTT WILL & EMERY LLP
444 West Lake Street, Suite 4000
Chicago, Illinois 60606
Tel: (312) 372-2000
Fax: (312) 984-7700
Email: dsimon@mwe.com
ekeil@mwe.com
wguerrieri@mwe.com
Debtors'
Investment
Banker: JEFFERIES, LLC
Debtors'
Claims,
Noticing,
Administrative &
Solicitation
Agent: EPIQ CORPORATE RESTRUCTURING, LLC
Estimated Assets: $1 billion to $10 billion
Estimated Liabilities: $1 billion to $10 billion
The petitions were signed by Russell A. Perry as co-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/X3O7JYY/Genesis_Healthcare_Inc__txnbke-25-80185__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. MAO 22322 LLC Real Estate Loan $324,008,214
45 E. City Ave., Suite 433
Bala Cynwyd, PA 19004
2. Internal Revenue Service Deferred $103,657,703
1111 Constitution Avenue Northwest Payroll Taxes
Washington, D.C., 20224
Name: Ettore Sacco
Email: Ettore.F.Sacco@irs.gov
Phone: (215) 344-6535
3. Healthcare Services Group Inc. Trade Payables $68,064,102
P.O. Box 829677
Philadelphia, PA 19182-9677
Name: Patrick Orr
Email: porr@hcsgcorp.com
Phone: (215) 688-4359
4. Commonwealth of Pennsylvania Provider $58,050,603
P.O. Box 8025 Assessments
Harrisburg, PA 17105-8025
Name: Erica Justice
Email: RA-
PWOLTLNFPUBLICCOM@pa.gov
Phone: (877) 395-8930
5. Change Healthcare Operations, LLC Funding $46,400,466
One Health Drive MN103-0500 Assistance
Eden Prairie, MN 55344 Program
Name: Paul Runice
Email: paul_runice@uhg.com
Phone: (952) 936-7346
6. Omnicare Trade Payables $40,781,416
900 Omnicare Center
201 East 4th St
Cincinnati, OH 45202
Name: Joshua Perlin
Email: Joshua.perlin@omnicare.com
Phone: (602) 769-2923
7. Medline Industries Inc. Trade Payables $32,320,666
P.O. Box 382075
Pittsburgh, PA 15251-8075
Name: Mike Drazin
Email: MDrazin@medline.com
Phone: (224) 931-1459
8. PharMerica Trade Payables $20,146,040
P.O. Box 644458
Pittsburgh, PA 15264-4458
Name: Jennifer Yowler
Email: Jennifer.yowler@pharmerica.com
Phone: (513) 490-8498
9. CareerStaff Unlimited LLC Trade Payables $13,810,797
Attn: Finance Dep't
101 Sun Avenue NE
Albuquerque, NM, 8710
Name: Todd Walrath
Email: twalrath@HomeCare.com
Phone: (703) 887-2191
10. Direct Supply Inc. Trade Payables $12,711,034
P.O. Box 88201
Milwaukee, WI 53288-0201
Name: Jim Pieroth
Email: jpieroth@directs.com
Phone: (414) 358-7478
11. 1199 New England Health Care Pension Fund $12,349,853
Employees Pension Fund
77 Huyshope Ave, 2nd Floor
Hartford, CT, 06106-7001
Name: General Counsel
Email: pension@1199nefunds.org
Phone: (800) 227-4744 Option 7
12. Kam, Phan Arbitration $7,000,000
c/o Bender & Agboola, L.L.C. Award
711 18th Street N.
Birmingham, AL, 35203
Name: Adedapo T. Agboola
Email: agbula@aol.com
Phone: (205) 322-2500
13. Sysco Trade Payables $6,789,682
Attn: Cash App Team
1390 Enclave Parkway
Houston, TX, 77077
Name: Sabrina Witherspoon
Email: Sabrina.Witherspoon@sysco.com
Phone: (512) 827-6342
14. Synergi Partners Trade Payables $5,588,465
151 W. Evans Street
Florence, SC, 29501
Name: Jeff Walker
Email: jwalker@synergipartners.com
Phone: (770) 262-7294
15. State of New Mexico Provider $5,084,788
1200 South St. Francis Drive Assessments
Santa Fe, NM, 87505
Name: Rick Lopez
Email: Rick.Lopez@tax.nm.gov
Phone: (505) 629-5311
16. Serna, Luisita Litigation $2,900,000
2155 Louisiana Blvd NE Settlement
Albuquerque, NM 87110
Name: Parnall Law Firm
Email: claudia@parnaladams.com
Phone: (505) 268-6500
17. Medlock, Linda Litigation $2,500,000
7521 Westview Drive Settlement
Houston, TX 77055
Name: David Marks, Esq.
– Marks, Balette,
Giessel, Young, and Moss PLLC
Email: DavidM@marksfirm.com
Phone: (855) 529-6296
18. Hugar, Jessica Litigation $2,400,000
356 Redondo Ave Settlement
Long Beach, CA 90814
Name: Lanzone Morgan LLP
Email: eservice@lanzonemorgan.com
Phone: (213) 561-6487
19. PointClickCare Trade Payables $2,338,967
Technologies Inc.
P.O. Box 674802
Detroit, MI 48267-4802
Name: James Yersh
Email: james.yersh@pointclickcare.com
Phone: (226) 220-5875
20. Twomagnets, Inc. Trade Payables $2,202,926
P.O. Box 103125
Pasadena, CA 91189-3125
Name: Carlos Constantinides
Email: carlos.constantinides@clipboardhealth.com
Phone: (213) 376-3224
21. Brown, Alma Litigation $2,000,000
7521 Westview Drive Settlement
Houston, TX 77055
Name: David Marks, Esq. – Marks, Balette,
Giessel, Young, and Moss PLLC
Email: DavidM@marksfirm.com
Phone: (855) 529-6296
22. IntegraScripts LLC Trade Payables $1,875,611
160 Airport Road
Lakewood, NJ, 08701
Name: Meir Tauber
Email: meir@integrascripts.com
Phone: (848) 525-8044
23. State of West Virginia Provider $1,685,986
Bureau of Medical Services Assessments
350 Capitol Street, Room 251
Charleston, WV 25301
Name: Terry McGee
Email: terry.l.mcgeeii@wv.gov
Phone: (304) 352-5241
24. Rainbow Real Estate Partners Trade Payables $1,560,618
4705 Central Street
Kansas City, MO 64112
Name: Lisa Kallmeyer
Email: lkallmeyer@lane4group.com
Phone: (913) 485-4824
25. G-Radar LLC Trade Payables $1,524,720
345 US Highway 9, Ste. 376
Manalapan, NJ 07726
Name: Nicole Jasser
Email: nicole@zhealthcare.com
Phone: (732) 970-0733 x104
26. Medina, Eloy Litigation $1,500,000
7521 Westview Drive Settlement
Houston, TX 77055
Name: David Marks, Esq. – Marks, Balette,
Giessel, Young, and Moss PLLC
Email: DavidM@marksfirm.com
Phone: (855) 529-6296
27. Ramirez-Tellez, Yvonne Litigation $1,500,000
7521 Westview Drive Settlement
Houston, TX 77055
Name: David Marks, Esq. – Marks, Balette,
Giessel, Young, and Moss PLLC
Email: DavidM@marksfirm.com
Phone: (855) 529-6296
28. Tinkham, Faustina Litigation $1,500,000
7521 Westview Drive Settlement
Houston, TX 77055
Name: David Marks, Esq. – Marks, Balette,
Giessel, Young, and Moss PLLC
Email: DavidM@marksfirm.com
Phone: (855) 529-6296
29. Blue Cross Blue Trade Payables $1,492,760
Shield of New Mexico
P.O. Box 27630
Albuquerque, NM 87125-7630
Name: LaTonji Peace
Email: LaTonji_Peace@bcbsnm.com
Phone: (505) 816-8262
30. 1970 Group, Inc. Litigation Undetermined
400 Madison Ave.
New York, NY 10017
Name: Stephen Roseman
Email: sr@1970group.com
Phone: (646) 715-7027
GENESIS HEALTHCARE: Receives Stalking Horse Offer From ReGen
------------------------------------------------------------
Jonathan Randles of Bloomberg News reports that Genesis Healthcare
Inc., one of the nation's largest nursing home operators, has
entered into a preliminary acquisition agreement with affiliates of
ReGen Healthcare LLC, according to court documents submitted
Thursday, July 10, 2025.
ReGen, already an investor in Genesis, submitted a stalking horse
bid to set the baseline offer for a potential Chapter 11 auction.
The value of the bid was not immediately disclosed.
Genesis last filed for bankruptcy in 2000 and narrowly avoided
another Chapter 11 filing in 2021. It filed filed for bankruptcy on
July 9, 2025.
About Genesis Healthcare Inc.
Genesis Healthcare Inc. is a Medical Group, based in Culver City,
CA. The medical group, which has also operated under the names
Daehan Prospect Medical Group and Prospect Genesis Healthcare,
provides physician services in Southern California.
Genesis Healthcare Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case 25-80185) on July 9, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. at Mcdermott
Will & Emery LLP.
GENESIS HEALTHCARE: Seeks Chapter 11 Bankruptcy in Texas
--------------------------------------------------------
Nurin Sofia of Bloomberg News reports that Genesis Healthcare Inc.
and its subsidiaries have initiated a financial restructuring
process, the company announced in a statement.
As part of the effort, Genesis has secured a $30 million
debtor-in-possession (DIP) financing commitment from its existing
secured lenders, pending court approval. The DIP financing, along
with existing cash and revenue from ongoing operations, will be
used to meet the company's financial obligations during the
restructuring, according to Bloomberg News.
The filing includes provisions to preserve employee positions, pay,
and benefits, and ensures that vendor agreements will remain in
effect. According to court documents filed in the Northern District
of Texas, Genesis lists estimated assets and liabilities each
ranging between $1 billion and $10 billion, the report states.
About Genesis Healthcare Inc.
Genesis Healthcare Inc. is a Medical Group, based in Culver City,
CA. The medical group, which has also operated under the names
Daehan Prospect Medical Group and Prospect Genesis Healthcare,
provides physician services in Southern California.
Genesis Healthcare Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case 25-80185) on July 9, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. at Mcdermott
Will & Emery LLP.
GIANT WASH: Hires Dickinson Bradshaw Fowler & Hagen as Counsel
--------------------------------------------------------------
Giant Wash, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Iowa to employ the law firm of Dickinson,
Bradshaw, Fowler & Hagen, PC as general reorganization counsel.
The firm will provide these services:
(a) advise and assist the Debtor with respect to compliance
with the requirements of the United States Trustee;
(b) advise the Debtor regarding matters of bankruptcy law;
(c) represent the Debtor in any proceedings or hearings in the
bankruptcy court and in any action in any other court where its
rights under the bankruptcy code may be litigated or affected;
(d) conduct examinations of witnesses, claimants, or adverse
parties and prepare and assist in the preparation of reports,
accounts, and pleadings related to this Chapter 11 case;
(e) advise the Debtor concerning the requirements of the
Bankruptcy Code and applicable rules as the same affect it in this
proceeding;
(f) assist the Debtor in the negotiation, formulation,
confirmation, and implementation of a Chapter 11 Plan;
(g) make any court appearances on behalf of the Debtor; and
(h) take such other action and perform such other services as
the Debtor may require of the firm in connection with the Chapter
11 case.
The firm will be paid at these rates:
Jeffrey Goetz, Attorney $500
Associates $130 - $400
Paralegals $90 - $135
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Goetz 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 D. Goetz, Esq.
Dickinson Bradshaw Fowler & Hagen PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Telephone: (515) 246-5817
Facsimile: (515) 246-5808
Email: jgoetz@dickinsonbradshaw.com
About Giant Wash LLC
Giant Wash LLC is an Iowa-based laundromat operator with multiple
locations across Dubuque and Cascade, Iowa provides self-service
laundry facilities.
Giant Wash LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-01133) on June 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Lee M. Jackwig handles the case.
The Debtor tapped Jeffrey Douglas Goetz, Esq., at Dickinson
Bradshaw Fowler & Hagen PC as counsel and Franklin Capital Advisors
LLC as financial advisor.
GIANT WASH: Hires Franklin Capital Advisors as Financial Advisor
----------------------------------------------------------------
Giant Wash, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Iowa to employ Franklin Capital Advisors
LLC as financial advisor.
The firm will provide these services:
(a) assist in the identification (and implementation) of cost
reduction and operations improvement opportunities;
(b) assist the Debtor in managing its Chapter 11 case;
(c) coordinate with the "working group" professionals who are
assisting the Debtor in the reorganization process or who are
working for its various stakeholders seeking alignment with its
overall restructuring goals;
(d) liaise with the Debtor's key constituents/creditors with
respect to financial and operational matters;
(e) provide assistance in such areas as testimony before this
court on matters that are within the scope of this engagement and
within the firm's area of testimonial competency;
(f) assist the Debtor and other engaged professionals in
bankruptcy planning and preparation;
(g) assist in the discussions with and provide information to
potential investors, secured lenders, and the Office of the United
States Trustee for the Northern District of Iowa;
(h) assist in the overall financial reporting assisting with
the administrative requirements of the Bankruptcy Code;
(i) assist with the case administration and reporting
requirements associated with a Chapter 11 filing;
(j) assist the Debtor and its other advisors in developing
restructuring plans or strategic alternatives for maximizing the
enterprise value of its business; and
(k) perform such other services in connection with the
restructuring process as reasonably requested or directed by
authorized Debtor personnel, consistent with the role played by the
firm's professionals in this matter and not duplicative of services
being performed by other professionals in these proceedings.
The firm will be paid at these hourly rates:
Managing Director $500
Director $400
Senior Associate $350
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a total retainer of $22,500 from the Debtor.
Scott Eisenberg, managing director at Franklin Capital Advisors,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Scott Eisenberg
Franklin Capital Advisors LLC
280 Daines St., Suite 300
Birmningham, MI 48009
Email: info@franklincapital.us
About Giant Wash LLC
Giant Wash LLC is an Iowa-based laundromat operator with multiple
locations across Dubuque and Cascade, Iowa provides self-service
laundry facilities.
Giant Wash LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-01133) on June 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Lee M. Jackwig handles the case.
The Debtor tapped Jeffrey Douglas Goetz, Esq., at Dickinson
Bradshaw Fowler & Hagen PC as counsel and Franklin Capital Advisors
LLC as financial advisor.
GRAY MEDIA: S&P Rates New Senior Secured Second-Lien Notes 'CCC'
----------------------------------------------------------------
S&P Global Ratings assigned its 'CCC' issue-level rating and '6'
recovery rating to Gray Media Inc.'s proposed $750 million senior
secured second-lien notes due in 2032. The '6' recovery rating
indicates its expectation for negligible (0%-10%; rounded estimate:
0%) recovery for lenders in the event of a payment default.
Upon completion of the proposed notes issuance, the company's
revolving credit facility (RCF) will be upsized by $50 million to
$750 million along with a one-year maturity extension on the RCF to
2028.
Gray plans to use the proceeds from the notes issuance along with
borrowings on its RCF to fully repay its 7% senior unsecured notes
due in 2027 ($528 million outstanding as of March 31, 2025) and a
portion of its senior secured first-lien term loan F maturing in
2029 ($496 million outstanding as of March 31). The proposed
transaction is leverage neutral and will extend the company's debt
maturity profile but will increase annual interest expense.
The 'B' issue-level rating and '2' recovery rating on Gray's senior
secured first-lien debt is unchanged. The reduction in senior
secured first-lien debt from the proposed transaction improves
recovery prospects for first-lien debtholders to about 85% from
about 75%. The 'CCC' issue-level rating and '6' recovery rating on
Gray's existing senior unsecured debt also is unchanged.
The 'B-' issuer credit rating and stable outlook on Gray are
unchanged. The stable outlook reflects S&P's view that the company
will maintain net leverage in the high-6x area in 2025 as well as
positive free operating cash flow and EBITDA interest coverage
above 1.5x over the next 12 months.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- Pro forma for the transactions, Gray Media Inc. will be the
borrower of a $750 million senior secured first-lien revolving
credit facility maturing in 2028, $1.4 billion senior secured
first-lien term loan D maturing in 2028, $200 million senior
secured first-lien term loan F due in 2029, $1.25 billion senior
secured first-lien notes due in 2029, and $750 million of senior
secured second-lien notes due in 2032, along with various tranches
of senior unsecured notes ($2 million outstanding, 5.875% notes due
in 2026; $790 million, 4.75% notes due in 2030; and $1.2 billion,
5.375% notes due in 2031), and a $400 million accounts receivable
securitization facility due in 2028.
-- The senior secured debt is guaranteed by the company's material
domestic subsidiaries and secured by substantially all of its
assets and those of its guarantors.
Simulated default assumptions
-- S&P's simulated default scenario considers a default in 2027
due to advertising revenue declines stemming from economic weakness
and increased competition from alternative media, declines in
retransmission revenue from elevated subscriber declines, and
pressure from affiliated networks to remit a significant portion of
its retransmission fees.
-- Other assumptions include an 85% draw on the revolving credit
facility, 100% draw on the accounts receivable securitization
facility, the spread on the revolving credit facility rising to 5%
as covenant amendments are obtained, and all debt including six
months of prepetition interest.
-- S&P values Gray on a going-concern basis using a 6x multiple of
its projected emergence EBITDA, in line with that of other similar
size local TV broadcasters that S&P rates.
Simplified waterfall
-- EBITDA at emergence: $619 million
-- EBITDA multiple: 6x
-- Gross enterprise value: $3.7 billion
-- Net enterprise value (after 5% administrative costs): $3.5
billion
-- Estimated priority debt claims (accounts receivable
securitization facility): $408 million
-- Value available for senior secured first-lien debt: $3.1
billion
-- Estimated senior secured first-lien debt claims: $3.6 billion
--Recovery expectations: 70%-90% (rounded estimate: 85%)
-- Value available for senior secured second-lien debt: $0
-- Estimated senior secured second-lien debt claims: $788 million
--Recovery expectations: 0%-10% (rounded estimate: 0%)
-- Value available for senior unsecured debt: $0
-- Estimated senior unsecured debt claims (inclusive of $1.2
billion of pari passu senior secured deficiency claims): $3.3
billion
--Recovery expectations: 0%-10% (rounded estimate: 0%)
GREEN TERRACE: Trustee Hires Development Specialists as Accountant
------------------------------------------------------------------
Daniel Stermer, the trustee appointed in the Chapter 11 case of
Green Terrace Condominium Association, Inc., seeks approval from
the U.S. Bankruptcy Court for the Southern District of Florida to
employ Development Specialists, Inc. as accountant.
The firm will render these services:
(a) prepare financial disclosures;
(b) analyze transactions and budgets;
(c) assist with plan confirmation and asset recovery; and
(d) facilitate communications and management of the bankruptcy
process.
The firm has agreed to be compensated in accordance with 11 U.S.C.
Section 330.
Joseph Luzinski, a senior managing director, 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:
Joseph J. Luzinski
Development Specialists, Inc.
500 East Broward Boulevard, Suite 1700
Fort Lauderdale, FL 33394
Telephone: (305) 374-2717
Email: jluzinski@DSIConsulting.com
About Green Terrace Condominium Association
Green Terrace Condominium Association, Inc. is a not-for-profit
corporation established in 1973 that manages Green Terrace
Condominiums, a two-story residential complex in West Palm Beach,
Florida. The association oversees amenities including a community
pool, clubhouse, and parking, and permits rentals under specific
restrictions.
Green Terrace Condominium Association sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14568)
on April 25, 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 Mindy A. Mora handles the case.
The Debtor tapped Michael J. Niles, Esq., at Berger Singerman, LLP
as counsel and Development Specialists, Inc. as accountant.
HARVEST SHERWOOD: Committee Hires McDermott Will as Counsel
-----------------------------------------------------------
The official committee of unsecured creditors of Harvest Sherwood
Food Distributors, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the Northern District of Texas to employ
McDermott Will & Emery LLP as counsel.
The firm will provide these services:
a. advise the Committee with respect to its rights, powers,
and duties in the Chapter 11 Cases;
b. participate in in-person and telephonic meetings of the
Committee and subcommittees formed thereby, if any;
c. assist and advise the Committee in its meetings and
negotiations with the Debtors and other parties in interest
regarding the Chapter 11 Cases;
d. assist the Committee in analyzing claims asserted against,
and interests in, the Debtors, and in negotiating with the holders
of such claims and interests and bringing, or participating in,
objections or estimation proceedings with respect to such claims
and interests;
e. assist the Committee in analyzing the Debtors' assets and
liabilities, including in its review of the Debtors' Schedules of
Assets and Liabilities, Statements of Financial Affairs, and other
reports prepared by the Debtors, investigating the extent and
validity of liens and participating in and reviewing any proposed
transfer, sale, or disposition of the Debtors' assets, financing
arrangements, and cash collateral stipulations or proceedings;
f. assist the Committee in its investigation of the acts,
conduct, assets, liabilities, management, and financial condition
of the Debtors, the Debtors' historic and ongoing operations of
their businesses, and the desirability of the continuation of any
portion of those operations, and any other matters relevant to the
Chapter 11 Cases;
g. assist the Committee in its analysis of, and negotiations
with the Debtors or any third party related to, financing, asset
disposition transactions, and compromises of controversies,
reviewing and determining the Debtors' rights and obligations under
leases and executory contracts, and assisting, advising, and
representing the Committee in any manner relevant to the assumption
or rejection of executory contracts and unexpired leases;
h. assist the Committee in its analysis of, and negotiations
with, the Debtors or any third party related to, the formulation,
confirmation, and implementation of a chapter 11 plan(s) and all
documentation related thereto (including the disclosure
statement);
i. assist, advise, and represent the Committee in
understanding its powers and duties under the Bankruptcy Code and
the Bankruptcy Rules and in performing other services as are in the
interests of those represented by the Committee;
j. assist and advise the Committee with respect to
communications with the general creditor body regarding significant
matters in the Chapter 11 Cases;
k. respond to inquiries from individual creditors as to the
status of, and developments in, the Chapter 11 Cases;
l. represent the Committee at hearings and other proceedings
before the Court and other courts or tribunals, as appropriate;
m. review and analyze complaints, motions, applications,
orders, and other pleadings filed with the Court, and advise the
Committee with respect to formulating positions with respect, and
filing responses;
n. assist the Committee in its review and analysis of, and
negotiations with the Debtors and their non-Debtor affiliates
related to intercompany claims and transactions;
o. review and analyze third-party analyses and reports
prepared in connection with the Debtors' potential claims and
causes of action, advise the Committee with respect to formulating
positions thereon, and perform such other diligence and independent
analysis as may be requested by the Committee;
p. advise the Committee with respect to applicable federal and
state regulatory issues, as such issues may arise in the Chapter 11
Cases;
q. assist the Committee in preparing pleadings and
applications, and pursuing or participating in adversary
proceedings, contested matters, and administrative proceedings as
may be necessary or appropriate in furtherance of the Committee's
duties;
r. take all necessary or appropriate actions as may be
required in connection with the administration of the Debtors'
estates, including with respect to a chapter 11 plan and related
disclosure statement; and
s. perform such other legal services as may be necessary or as
may be requested by the Committee in accordance with the
Committee's powers and duties as set forth in the Bankruptcy Code.
The firm will be paid at these rates:
Partners $1,500 to $2,620 per hour
Counsel $1,040 to $2,430 per hour
Associates $895 to $1,485 per hour
Non-lawyer Professionals $135 to $1,160 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Marcus A. Helt, Esq., a partner at Emery LLP, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Marcus A. Helt, Esq.
Jack G. Haake, Esq.
Michael Wombacher, Esq.
McDermott Will & Emery LLP
2801 North Harwood Street, Suite 2600
Dallas, TX 75201
Tel: (214) 295-8000
Fax: (972) 232-3098
E-mail: mhelt@mwe.com
jhaake@mwe.com
mwombacher@mwe.com
About Harvest Sherwood Food Distributors
Harvest Sherwood Food Distributors, Inc. and its affiliates sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Tex. Case No. 25-80109) on May 5, 2025, listing up to $10 billion
in assets and up to $1 billion in liabilities.
The Debtors tapped Sidley Austin LLP as counsel and Epiq Corporate
Restructuring, LLC as claims, noticing, and solicitation agent.
HARVEST SHERWOOD: Committee Hires Province as Financial Advisor
---------------------------------------------------------------
Harvest Sherwood Food Distributors, Inc. and its affiliates, seek
approval from the U.S. Bankruptcy Court for the Northern District
of Texas to employ Province, LLC as financial advisor.
The firm's services include:
a. familiarizing and analyzing the Debtors' DIP budget, assets
and liabilities, and overall financial condition;
b. reviewing financial and operational information furnished
by the Debtors;
c. monitoring the sale process, interfacing with the Debtors'
professionals, and advising the Committee regarding the process;
d. scrutinizing the economic terms of various agreements,
including, but not limited to, various professional retentions;
e. analyzing the Debtors' proposed business plans and
developing alternative scenarios, if necessary;
f. assessing the Debtors' various pleadings and proposed
treatment of unsecured creditor claims therefrom;
g. preparing, or reviewing as applicable, avoidance action and
claim analyses;
h. assisting the Committee in reviewing the Debtors' financial
reports, including, but not limited to, statements of financial
affairs, schedules of assets and liabilities, DIP budgets, and
monthly operating reports;
i. advising the Committee on the current state of the Chapter
11 Cases;
j. advising the Committee in negotiations with the Debtors and
third parties as necessary;
k. if necessary, participating as a witness in hearings before
the Court with respect to matters upon which Province has provided
advice; and
l. other activities as are approved by the Committee, the
Committee's counsel, and as agreed to by Province.
The firm will be paid at these rates:
Managing Directors and Partners $850 to $1,450 per hour
Vice Presidents, Directors, $700 to $1,050 per hour
and Senior Directors
Analysts, Associates, $350 to $825 per hour
and Senior Associates
Paraprofessional / Admin $270 to $450 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Sanjuro Kietlinski, a partner at Province, LLC, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Sanjuro Kietlinski, Esq.
Province, LLC
2360 Corporate Circle, Suite 340
Henderson, NV 89074
Tel: (702) 685-5555
Email: skietlinski@provincefirm.com
About Harvest Sherwood Food Distributors
Harvest Sherwood Food Distributors, Inc. and its affiliates sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Tex. Case No. 25-80109) on May 5, 2025, listing up to $10 billion
in assets and up to $1 billion in liabilities.
The Debtors tapped Sidley Austin LLP as counsel and Epiq Corporate
Restructuring, LLC as claims, noticing, and solicitation agent.
HERSHEY CHAN: Seeks to Hire Northgate Real Estate Group as Advisor
------------------------------------------------------------------
Hershey Chan Realty, Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Northgate Real
Estate Group as special real estate advisor.
The firm will assist the Debtor in the proposed marketing and sale,
refinancing, or other disposition of its property.
The firm will be paid a commission equal to 6 percent of the gross
purchase price of the property.
Greg Corbin, president at Northgate Real Estate Group, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Greg Corbin
Northgate Real Estate Group
1633 Broadway 46th Floor
New York, NY 10019
Telephone: (212) 419-8101
Email: Greg@northgatereg.com
About Hershey Chan Realty Inc.
Hershey Chan Realty Inc. is a debtor with a single real estate
asset, as outlined in 11 U.S.C. Section 101(51B).
Hershey Chan Realty Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41079) on March 4,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Law Offices of Rachel L. Kayle, PC serves as the Debtor's
counsel.
HIDDEN PATH: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Hidden Path RV Resort, LLC received interim approval from the U.S.
Bankruptcy Court for the Western District of Texas, Austin
Division, to use cash collateral and provide adequate protection.
The Debtor was pushed into bankruptcy after Southstar Bank directed
tenants to pay rent directly to the bank and then posted the
property for foreclosure. The Debtor's assets include two bank
accounts totaling around $49,000 and unspecified rent collections.
Secured creditors with potential interests in the cash collateral
include Southstar Bank, Amur Equipment Finance, Forward Financing,
A&D Mortgage, and Park Place Finance.
The Debtor's preliminary monthly budget outlines necessary
operating expenses and payments to critical vendors. Without the
ability to use cash collateral, it will be unable to meet
obligations and will likely have to cease operations, causing
significant harm to the business and its reorganization efforts.
To protect the interests of secured creditors, the Debtor offers to
provide adequate protection through post-petition replacement liens
on newly acquired assets and to maintain insurance coverage.
A final hearing is set for August 5.
About Hidden Path RV Resort, LLC
Hidden Path RV Resort, LLC operates a recreational vehicle park in
Lockhart, Texas. The Company owns and manages multiple real estate
assets, including its main RV resort property and several rental
properties. It also holds a range of heavy equipment used for
property maintenance and operations.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-10997) on June 30,
2025. In the petition signed by Roy D. Stephens Jr., authorized
agent, the Debtor disclosed $4,913,011 in assets and $3,551,643 in
liabilities.
Judge Shad Robinson oversees the case.
Stephen W Sather, Esq. at BARRON & NEWBURGER, P.C. represents the
Debtor as legal counsel.
HIGHER GROUND: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------------
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Higher
Ground Education Inc. and its affiliates.
The committee members are:
1. Brian Bussey
Vice President of Real Estate
214 E Hallandale Beach, LLC
1395 Brickell Avenue, Suite 760
Miami, FL 33131
brian@fortecnow.com
2. Allan S. Moller, Member
The School of Practical Philosophy
2 East 79th Street
New York, NY 10075
asm110@earthlink.net
3. Sophiea Kim
Property Manager for Cathy Lim
4149 Freedom Ln.
Frisco, TX 75033
sophiea.jk@gmail.com
4. Michael W. Pure
Managing Partner
Pure Tempe Partnership
232 Deerfield Rd.
Deerfield, Illinois 60015
mwpure@gmail.com
5. Terry Nugent
Commercial Property Manager
RTS Orchards, LLC
4831 Calloway Dr. Suite 102
Bakersfield, CA 93312
terry@orovistafarms.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 Higher Ground Education, Inc.
Higher Ground Education Inc. and its subsidiaries operate
Montessori schools and provide related training and consulting
services worldwide. Founded in 2016, the Group grew to manage more
than 150 schools by 2024, with locations across the U.S. and
international expansion into Hong Kong and mainland China. It also
offers virtual and home-based education, teacher training, and
licensing of its content to independent partners.
Higher Ground Education Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80121) on
June 17, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Michelle V. Larson handles the case.
The Debtors are represented byHolland N. O'Neil, Esq. and Timothy
C. Mohan, Esq. at Foley & Lardner LLP and Nora J. McGuffey, Esq.,
and Quynh-Nhu Truong, Esq., at Foley & Lardner LLP.
Sierraconstellation Partners, LLC is the Debtors' Financial
Advisor. Verita Global, LLC fka Kurtzman Carson Consultants, LLC is
the Debtors' Notice, Claims, Solicitation & Balloting Agent.
HO WAN KWOK: New Jersey Mansion Belongs to Debtor, Court Says
-------------------------------------------------------------
Judge Julie A. Manning of the United States Bankruptcy Court for
the District of Connecticut granted the motion for summary judgment
filed by Luc A. Despins in the adversary proceeding captioned as
LUC A. DESPINS, CHAPTER 11 TRUSTEE FOR THE ESTATE OF HO WAN KWOK,
Plaintiff, v. TAURUS FUND LLC; SCOTT BARNETT, AS TRUSTEE FOR TAURUS
FUND LLC; and TAURUS MANAGEMENT LLC, AS TRUSTEE FOR TAURUS FUND
LLC, Defendants, Adv. P. No. 23-05017 (Bankr. D. Conn.).
The Trustee seeks summary judgment against defendants Taurus Fund
LLC, Scott Barnett, and Taurus Management LLC on all three turnover
claims of his complaint sounding in beneficial ownership and alter
ego. The gravamen of the complaint is that the Mahwah Mansion at
675 Ramapo Valley Road, Mahwah, New Jersey 07430 is property of the
Individual Debtor's estate -- not Taurus Fund.
Taurus Fund is a Nevada limited liability company. Taurus
Management is a New Mexico limited liability company. Taurus
Management and Scott Barnett are listed as managers or managing
members of Taurus Fund.
Taurus Fund is the title owner of the Mahwah Mansion. On July 11,
2023, the Trustee commenced this adversary proceeding by filing
complaint. The complaint contains the following claims:
(i) Pursuant to 11 U.S.C. sections 541, 542, and 544, the first
claim seeks (a) declaratory judgement that the Individual Debtor is
the beneficial owner of the Mahwah Mansion and, hence, it is
property of his bankruptcy estate; and (b) on the basis of such
declaratory judgment, an order requiring the Taurus Parties to
turnover the Mahwah Mansion to the Individual Debtor's bankruptcy
estate by delivering it to the Trustee.
(ii) Pursuant to sections 541, 542, and 544 of the Bankruptcy
Code, the second claim seeks (a) declaratory judgment that the
Individual Debtor is the beneficial owner of Taurus Fund and,
hence, Taurus Fund is property of the Individual Debtor's
bankruptcy estate; and (b) on the basis of such declaratory
judgment, an order requiring the Taurus Parties to turnover the
membership interests in Taurus Fund to the Individual Debtor's
bankruptcy estate by delivering such to the Trustee.
(iii) Pursuant to sections 541, 542, and 544 of the Bankruptcy
Code, the third claim seeks (a) declaratory judgment that Taurus
Fund is the alter ego of the Individual Debtor and, hence, its
property is property of the Individual Debtor's bankruptcy estate;
and (b) on the basis of such declaratory judgment, an order
requiring the Taurus Parties to turnover Taurus Fund's property to
the Individual Debtor's bankruptcy estate by delivering such to the
Trustee.
Here's Jersey Digs's article on the Mansion:
https://jerseydigs.com/the-crocker-mansion-mahwah/
Under Nevada law there are three elements of alter ego:
(1) the corporation must be influenced and governed by the
person asserted to be the alter ego;
(2) there must be such unity of interest and ownership that one
is inseparable from the other; and
(3) the facts must be such that adherence to the corporate
fiction of a separate entity would, under the circumstances,
sanction fraud or promote injustice.
The Court concludes from the undisputed facts that Taurus Fund is
an alter ego of the Individual Debtor because all three elements
are met.
As to the first two elements, the Court finds Individual Debtor
governs Taurus Fund and there is such a unity of interest between
the Individual Debtor and Taurus Fund that they are inseparable.
The Individual Debtor treated Taurus Fund's principal asset, the
Mahwah Mansion, as his own. Corporate formalities were not
observed. Taurus Fund was only capitalized when comingled funds
from other entities associated with the Individual Debtor transited
through it to pay invoices. Funds were diverted to pay invoices of
ostensibly unrelated entities associated with the Individual Debtor
without corporate authority. As to the third element, the Court
finds that adherence to the corporate fiction of any separation
between Taurus Fund and the Individual Debtor would sanction fraud
or promote injustice. Taurus Fund's corporate form serves to
hinder, delay, or defraud the Individual Debtor's creditors by
shielding his assets from collection activity.
Accordingly, the Court concludes the Trustee is additionally
entitled to a judgment as a matter of law declaring Taurus Fund is
the alter ego of the Individual Debtor and requiring delivery of
Taurus Fund's assets to the Trustee for the benefit of the
Individual Debtor's bankruptcy estate.
Contrary to the Taurus Parties' contention that no facts support
summary judgment, the Trustee has established a thorough record of
undisputed facts. The Trustee has met his burden. Faced with the
Trustee's factual material, the Taurus Parties barely contest any
of the Trustee's asserted undisputed fact and have failed to put
forward factual material demonstrating a genuine dispute of
material fact.
The Court finds summary judgment is entirely appropriate in this
adversary proceeding. It is clear on the undisputed factual record
that the Mahwah Mansion is the Individual Debtor's residence and
property of his bankruptcy estate.
A copy of the Court's Memorandum of Decision and Order dated July
7, 2025, is available at https://urlcurt.com/u?l=LoqNq9 from
PacerMonitor.com.
Counsel for Plaintiff Luc A. Despins, Chapter 11 Trustee for the
Estate of Ho Wan Kwok, Movant:
G. Alexander Bongartz, Esq.
Douglass E. Barron, Esq.
PAUL HASTINGS LLP
200 Park Avenue
New York, NY 10166
E-mail: alexbongartz@paulhastings.com
douglassbarron@paulhastings.com
- and -
Nicholas A. Bassett, Esq.
PAUL HASTINGS LLP
2050 M Street NW
Washington, D.C. 20036
E-mail: nicholasbassett@paulhastings.com
plinsey@npmlaw.com
- and -
Douglas S. Skalka, Esq.
Patrick R. Linsey, Esq.
Dennis M. Carnelli, Esq.
NEUBERT, PEPE & MONTIETH
195 Church Street, 13th Floor
New Haven, CT 06510
E-mail: dskalka@npmlaw.com
Counsel for Defendants Taurus Fund LLC, Scott Barnett, Trustee for
Taurus Fund LLC, and Taurus Management LLC, Trustee for Taurus Fund
LLC, Respondents:
Michael T. Conway, Esq.
LAZARE POTTER GIACOVAS & MOYLE LLP
747 Third Avenue, 16th Floor
New York, NY 10017
E-mail: mconway@lpgmlaw.com
About Ho Wan Kwok
Ho Wan Kwok sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Conn. Case No. 22-50073) on Feb. 15, 2022. Judge
Julie A. Manning oversees the case. Dylan Kletter, Esq., is the
Debtor's legal counsel.
Ho Wan Kwok aka Guo Wengui is an exiled Chinese businessman.
According to Reuters, Guo was a former real estate magnate who fled
China for the U.S. in 2014 ahead of corruption charges. Guo filed
for bankruptcy after a New York court ordered him to pay lender
Pacific Alliance Asia Opportunity Fund $254 million stemming from a
contract dispute. PAX had initially loaned two of Guo's companies
$100 million in 2008 for a construction project in Beijing and sued
Guo when he failed to pay off the loan.
An Official Committee of Unsecured Creditors has been appointed in
the case and is represented by Pullman & Comley, LLC.
Luc A. Despins was appointed Chapter 11 Trustee in the case.
HOT CRETE: Creditors to Get Proceeds From Liquidation
-----------------------------------------------------
Hot Crete LLC filed with the U.S. Bankruptcy Court for the Western
District of Texas an Amended Disclosure Statement describing
Chapter 11 Plan dated June 20, 2025.
The Debtor is a Texas limited liability corporation that operated
as a provider and installer for pool concrete or shotcrete. The
Debtor operates in the greater Austin, Texas metropolitan area.
The managing members for Hot Crete were Edgar and Fausto Castro.
Additionally, Edgar served as the President of the company. The
Debtor is no longer operating, hence Edgar has overseen the
liquidation of the assets and the bankruptcy process. Confirmation
of the Plan will result with the appointment of a liquidating
trustee.
On the Effective Date, following the entry of an order confirming
Hot Crete’s Plan and approval of the Insurance Settlement by the
Bankruptcy Court, Federated will pay $9,916,456.02, the remaining
limits of the Policies, to the Liquidating Trustee. The money will
be used to fund the Liquidating Trust created under the Plan to
address all present and future Pool Claims.
In addition, Federated will pay to the Liquidating Trustee the
additional sum of $270,000 to be used to fund the administrative
costs of the Liquidating Trust, including trustee and attorney
fees, in connection with the claims resolution process for the Pool
Claims. The $9,916,456.02 and $270,000 are referred to as the
settlement payment.
Class 3 consists of Convenience Claims. "Convenience Claim" means
any General Unsecured Claim that is filed in an amount of $5,000 or
less. On the first Business Day that is thirty days following the
Effective Date, each Holder of a Convenience Claim shall receive,
in full and final satisfaction of such Claim, payment in full in
Cash. The amount of claim in this Class total $4,730.40. Class 3 is
Unimpaired under the Plan.
Class 5 consists of Non-Pool Unsecured Claims. "Non-Pool Unsecured
Claim" means any General Unsecured Claim that is not a Pool Claim,
or the portion of a claim that is not a direct cost to reimburse,
replace, or fix the work product of Hot Crete. Treble Damages for a
claim of a "Deceptive Trade Practices Act" and other related causes
of action are not intended to be a "Pool Claim" and would thus be
counted as a "Non-Pool Unsecured Claim".
The Plan provides for the Non-Pool Unsecured Claims to receive a
beneficial interest in the Liquidating Trust subject to the payment
of the Pool Claims. As the Pool Claims are anticipated to exceed
the amount of the settlement with the insurance company, there are
no anticipated payments to the Non-Pool Unsecured Claims. Class 5
is Impaired under the Plan.
Class 7 consists of Interests in the Debtor. On the Effective Date,
all Interests in the Debtor shall be cancelled, released,
discharged, and extinguished. Holders of Interests in the Debtor
shall not receive any distribution on account of such Interests.
In this instance, Hot Crete proposes to pay what it can to its
creditors from the following primary categories of assets: First)
the proceeds generated by liquidating its physical assets; Second)
the proceeds from applicable insurance policies and, specifically,
the Settlement with Federated Insurance to be provided in the Plan
Supplement, and, Third) all other assets of the Debtor, such as,
but not limited to, retained causes of action.
A full-text copy of the Amended Disclosure Statement dated June 20,
2025 is available at https://urlcurt.com/u?l=9oWYwW from
PacerMonitor.com at no charge.
Hot Crete LLC is represented by:
Todd Headden, Esq.
Charlie Shelton, Esq.
HAYWARD PLLC
7600 Burnet Road, Suite 530
Austin, TX 78757
Phone: (737) 881-7100
Email: theadden@haywardfirm.com
cshelton@haywardfirm.co
About Hot Crete LLC
Hot Crete LLC is a Texas limited liability corporation that
operated as a provider and installer for pool concrete or
shotcrete.
The Debtor filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-10303) on
March 22, 2024, listing $1,000,001 to $10 million in both assets
and liabilities. The petition was signed by Edgar Castro as
president.
Todd Brice Headden, Esq. at Hayward PLLC, is the Debtor's counsel.
HOTEL COMMERCE: Seeks Chapter 11 Bankruptcy in Nebraska
-------------------------------------------------------
On July 9, 2025, Hotel Commerce 7 LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the District of Nebraska.
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 Hotel Commerce 7 LLC
Hotel Commerce 7 LLC is a company operating in the hospitality
industry.
Hotel Commerce 7 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Neb. Case No. 25-40702) on July 9,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Brian S. Kruse handles the case.
ICORECONNECT INC: Hires Bhavsar Law Group as Immigration Counsel
----------------------------------------------------------------
iCoreConnect Inc. and iCore Midco Inc. seek approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ
Bhavsar Law Group, PA as special immigration counsel.
The firm will provide guidance and advise regarding the Debtors'
employee Voohitha Morampudi and the H-1B application process.
Kashmira Bhavsar, Esq., the primary attorney in this
representation, will be paid at her hourly rate of $350.
Ms. Bhavsar 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:
Kashmira Bhavsar, Esq.
Bhavsar Law Group, PA
5728 Major Blvd. Suite #607
Orlando, FL 32819
Telephone: (407) 425-1202
About iCoreConnect Inc.
iCoreConnect Inc. provides cloud-based software solutions for the
healthcare sector across the United States. Its SaaS offerings
support functions such as ePrescribing, insurance verification,
claims management, analytics, and HIPAA-compliant communication and
backup. The company is headquartered in Ocoee, Florida.
iCoreConnect and iCore Midco Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-03390)
on June 2, 2025. In its petition, iCoreConnect reported between $1
million and $10 million in both assets and liabilities.
Judge Grace E. Robson handles the cases.
The Debtors tapped Amy Denton Mayer, Esq., at Stichter, Riedel,
Blain & Postler, PA as bankruptcy counsel and Bhavsar Law Group, PA
as special immigration counsel.
INNOVATIVE NURSING: Court Closes Subchapter V Bankruptcy Case
-------------------------------------------------------------
Judge Lisa Ritchey Craig of the United States Bankruptcy Court for
the Northern District of Georgia entered an order closing the
bankruptcy case of Innovative Nursing Solutions and Hospice Care
LLC. Leon S. Jones is discharged as Subchapter V Trustee.
On Dec. 19, 2023, Debtor filed a voluntary petition for relief
under Subchapter V of Chapter 11 the Bankruptcy Code. The Court
confirmed Debtor's plan of reorganization on May 1, 2024, pursuant
to Sec. 1191(b). The Plan requires Debtor to make payments to
creditors for three years beginning on the 28th day of the first
month after the Effective Date of the Plan. Article 5.2 of the Plan
provided that the Subchapter V Trustee, Leon S. Jones, would be
discharged from his obligations and duties upon substantial
consummation of the Plan, and the Confirmation Order provided that
the Subchapter V Trustee would be discharged upon the filing by
Debtor of a notice of substantial consummation of the Plan.
As required by Sec. 1183(c)(2) of the Bankruptcy Code, Debtor filed
a notice of substantial consummation on Aug. 5, 2024. The
Subchapter V Trustee has filed his final report. In the Notice,
Debtor requests the entry of the final decree and closing of the
case. The United States Trustee objects because the bankruptcy
estate has not been fully administered. In the Objection, the
United States Trustee notes that, under Sec. 350(a), "after an
estate is fully administered and the court has discharged the
trustee, the court shall close the case," and that Rule 3022 of the
Federal Rules of Bankruptcy Procedure states that "after the estate
is fully administered in a Chapter 11 case, the court must, on its
own or on a party in interest's motion, enter a final decree
closing the case." As the estate is not fully administered (i.e.,
plan payments remain outstanding and Debtor has not been
discharged), the United States Trustee asserts that the plain
language of the statute and the rule does not authorize the entry
of a final decree.
At the hearing held on May 14, 2025, Debtor requested, in the
alternative, that the Court enter an order confirming that the
Subchapter V Trustee's services have been terminated and close the
case, subject to being reopened. The United States Trustee noted
the lack of specific authority authorizing the closing of the case
without the entry of a final decree and asserted that Debtor would
suffer no harm by having the case remain open, while closing the
case could burden creditors who seek relief from the Plan in the
event of a default. Debtor's counsel argued that, for certain
business reasons, Debtor has been negatively impacted by having the
case open. Debtor's counsel also represented to the Court and the
United States Trustee that, if a creditor sought to reopen the case
due to an uncured default, Debtor would be willing to pay the
filing fee.
Ultimately, the Court agrees with Debtor that the alternative
relief requested by Debtor is appropriate.
A copy of the Court's Order dated July 7, 2025, is available at
https://urlcurt.com/u?l=hxVJ2q from PacerMonitor.com.
About Innovative Nursing Solutions
and Hospice Care LLC
Innovative Nursing Solutions and Hospice Care LLC in Conyers, GA,
filed its voluntary petition for Chapter 11 protection (Bankr. N.D.
Ga. Case No. 23-62548) on December 19, 2023, listing $100,000 to
$500,000 in assets and $1 million to $10 million in liabilities.
Phyllis Dove-Edwin, president/member-manager, signed the petition.
Judge Lisa Ritchey Craig oversees the case.
THE WRIGHT LAW ALLIANCE, P.C. serve as the Debtor's legal counsel.
INTEGRAL EXPRESS: Seeks to Hire Gutnicki LLP as Bankruptcy Counsel
------------------------------------------------------------------
Integral Express, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to employ Gutnicki LLP
as co-bankruptcy counsel.
The firm will provide these services:
(a) negotiate with creditors;
(b) prepare a plan;
(c) exam and resolve claims filed against the estate;
(d) prepare and prosecute adversary proceedings, if any;
(e) prepare pleadings filed in the case;
(f) interact with the U.S. Trustee and Chapter V Trustee;
(g) attend court hearings; and
(h) otherwise represent the Debtor in matters before the
court.
Miriam SteinGranek, Esq., the primary attorney in this
representation, will be paid at an hourly rate of $450. Other
attorney rates at the firm range from $345 to $850 per hour.
In addition, the firm will seek reimbursement for expenses
incurred.
Ms. Granek 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:
Miriam Stein Granek, Esq.
Gutnicki LLP
4711 Golf Road, Suite 200
Skokie, IL 60076
Telephone: (847) 745-6592
Email: mgranek@gutnicki.com
About Integral Express Inc.
Integral Express Inc. is a freight carrier that provides interstate
transportation services across the United States. The Company
operates a fleet of trucks and trailers to haul general freight,
including refrigerated goods and hazardous materials.
Integral Express Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-09090)
on June 15, 2025. In its petition, the Debtor reports total assets
of $626,000 and total liabilities of $2,092,677.
Honorable Bankruptcy Judge Jacqueline P. Cox handles the case.
The Debtor tapped the Law Offices of David Freydin PC and Gutnicki
LLP as counsel.
INTEGRAL EXPRESS: Seeks to Tap David Freydin as Bankruptcy Counsel
------------------------------------------------------------------
Integral Express, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to employ the Law
Offices of David Freydin PC bankruptcy counsel.
The firm will provide these services:
(a) negotiate with creditors;
(b) prepare a plan and financial statements; and
(c) exam and resolve claims filed against the estate.
The firm will be paid at these hourly rates:
David Freydin, Attorney $450
Jan Michael Hulstedt, Attorney $425
Derek Lofland, Attorney $425
Jeremy Nevel, Attorney $425
The firm received a pre-petition retainer of $10,000 from the
Debtor.
Mr. Freydin disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David Freydin, Esq.
Law Offices of David Freydin PC
8707 Skokie Blvd., #312
Skokie, IL 60077
Telephone: (312) 533-4077
Facsimile: (866) 897-7577
About Integral Express Inc.
Integral Express Inc. is a freight carrier that provides interstate
transportation services across the United States. The Company
operates a fleet of trucks and trailers to haul general freight,
including refrigerated goods and hazardous materials.
Integral Express Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-09090)
on June 15, 2025. In its petition, the Debtor reports total assets
of $626,000 and total liabilities of $2,092,677.
Honorable Bankruptcy Judge Jacqueline P. Cox handles the case.
The Debtor tapped the Law Offices of David Freydin PC and Gutnicki
LLP as counsel.
IOK TECHNOLOGY: Gets OK to Use Cash Collateral Until July 31
------------------------------------------------------------
IOK Technology, LLC received interim approval from the U.S.
Bankruptcy Court for the Southern District of Indiana, New Albany
Division, to use cash collateral.
The court's interim order authorized the Debtor to use cash
collateral, provided it does not exceed the expenditures listed in
its budget by more than 10% and its net cash flow is equal to or
greater than 90% of the net projected cash flow.
Prior to filing, the Debtor was funded through daily business
operations and financing from the U.S. Small Business
Administration and two equipment lenders.
As protection for the Debtor's use of its cash collateral, SBA will
be granted replacement liens on the Debtor's post-petition
property, including cash collateral, with the same priority and
extent as its pre-bankruptcy liens.
The Debtor's authority to use cash collateral will terminate upon
occurrence of an event of default that the Debtor fails to resolve
within five business days.
The final hearing is scheduled for July 31.
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.
IOK TECHNOLOGY: Seeks to Hire KC Cohen Lawyer PC as Counsel
-----------------------------------------------------------
IOK Technology, LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Indiana to employ KC Cohen, Lawyer, PC
as its counsel.
The firm will render these services:
(a) advise the Debtor with respect to its duties, powers, and
responsibilities in this case;
(b) investigate and pursue any actions on behalf of the estate
in order to recover assets for or best enable this estate to
reorganize fairly;
(c) represent the Debtor in these proceedings in an effort to
maximize the value of the assets available herein, and to pursue
confirmation of a successful Plan of Reorganization; and
(d) perform such other legal services as may be required and
in the interest of the estate herein.
The firm will be paid at these rates:
Christopher McElwee, Attorney $300 per hour
Nicholas Wildeman, Attorney $200 per hour
Michele Jennings, Paralegal $100 per hour
The firm received a retainer of $5,000 from the Debtor.
KC Cohen, Esq., disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
KC Cohen, Esq.
KC Cohen, Lawyer, PC
1915 Broad Ripple Ave.
Indianapolis, IN 46220
Telephone: (317) 715-1845
Facsimile: (317) 636-8686
Email: kc@smallbusiness11.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.
JAL OUTLET: Hires Charles A. Cuprill P.S.C. as Counsel
------------------------------------------------------
JAL Outlet, Inc. seeks approval from the U.S. Bankruptcy Court for
the District of Puerto Rico to employ Charles A. Cuprill, P.S.C.,
Law Offices as counsel to handle its Chapter 11 bankruptcy case.
The firm will be paid at these rates:
Charles A. Cuprill-Hernandez, Esq. $400 per hour
Paralegal $85 per hour
The firm received a retainer in the amount of $20,000.
As disclosed in court filings, Charles A. Cuprill, P.S.C. is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Charles A. Cuprill, Esq.
Charles A. Cuprill, P.S.C., Law Offices
356 Fortaleza Street 2nd Floor
San Juan, PR 00901
Tel: (787) 977-0515
Email: ccuprill@cuprill.com
About JAL Outlet, Inc.
JAL Outlet, Inc. is a wholesale distributor of motor vehicles and
automotive parts operating out of Hormigueros, Puerto Rico. The
Company supplies products such as vehicle components, accessories,
and related equipment to retailers and service providers.
JAL Outlet, Inc. in Hormigueros, PR, sought relief under Chapter 11
of the Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. D.P.R. Case No. 25-02796) on June 23, 2025,
listing $10 million to $50 million in assets and $1 million to $10
million in liabilities. Jose A. Lugo Alverio as president, signed
the petition.
Judge Maria De Los Angeles Gonzalez oversees the case.
CHARLES A. CUPRILL, PSC LAW OFFICES serve as the Debtor's legal
counsel.
JILL'S OFFICE: Gets Final OK to Use Cash Collateral Until Sept. 30
------------------------------------------------------------------
Jill's Office, LLC received final approval from the U.S. Bankruptcy
Court for the District of Utah, Central Division, to use cash
collateral.
The final order signed by Judge Peggy Hunt approved the use of cash
collateral for the period from July 1 to September 30 to pay the
expenses set forth in the Debtor's budget.
The Debtor may exceed individual budget line items by up to 15%,
provided the total monthly expenditures do not negatively affect
the overall projected profit margins in July, August and
September.
As protection, Stripe Servicing, Inc., the U.S. Small Business
Administration and other creditors with a valid and perfected
interest in the Debtor's cash collateral as of the petition date
will be granted a replacement lien on the cash collateral.
As further protection, the Debtor was authorized to make $9,000 per
month to SBA for July to September. These payments will be credited
against any allowed secured claim or, if unsecured, against SBA's
share of distribution to be determined at the time of confirmation
of its Chapter 11 plan.
The creditors believed to have perfected interests in the cash
collateral include the SBA, Samson MCA LLC, Northeast Bank, Elite
Funding, Premium Merchant Funding 26, LLC, CFT Clear Finance
Technology Corp., and Daytona Funding Solutions.
The SBA is believed to hold a senior perfected lien on all assets,
including cash, with a claim of approximately $630,000. Other
creditors, including various merchant cash advance (MCA) lenders
and banks, may hold junior liens, but the Debtor argues they lack
enforceable secured claims due to insufficient collateral equity.
Stripe Servicing, Inc. may also have a superior claim on
receivables it processed by virtue of possession. Stripe's debt has
since been paid off.
The Debtor owns around $100,000 in equipment, $300,000 in
regenerating accounts receivable, and $200,000 in intangible
assets, including IP and a customer list.
About Jill's Office LLC
Jill's Office, LLC provides professional, US-based 24/7 virtual
receptionist and scheduling services designed to support businesses
across various industries. The Company offers a range of services,
including inbound call answering, appointment scheduling, live chat
support for websites, and automated lead follow-ups (Lead Zap).
Jill's Office specializes in delivering tailored, seamless
communication solutions that enhance customer engagement while
eliminating the need for businesses to hire in-house staff. The
Company serves industries such as home services, real estate,
health and wellness, finance, legal, and small businesses. Its
mission is to ensure that businesses never miss calls or
opportunities, offering reliable customer service around the
clock.
Jill's Office filed Chapter 11 petition (Bankr. D. Utah Case No.
25-21625) on March 27, 2025, listing up to $500,000 in assets and
up to $10 million in liabilities. Brant Thurgood, member manager,
signed the petition.
Judge Peggy Hunt oversees the case.
The Debtor is represented by:
T. Edward Cundick
Workman Nydegger
Tel: 801-533-9800
Email: tcundick@wnlaw.com
JILL'S OFFICE: Seeks to Hire Holyoak & Co. as Accountant
--------------------------------------------------------
Jill's Office, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Utah to employ Holyoak & Co. as accountant.
The firm will prepare accurate financial statements for the year
ended December 31, 2024, to assist with the filing of 2024 taxes,
and assist with other accounting work in support of plan
confirmation.
The firm will be paid at the rate of $270 per hour. The firm will
also be reimbursed for reasonable out-of-pocket expenses incurred.
Rand Holyoak, a partner at Holyoak & Co., disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Rand Holyoak
Holyoak & Co.
1396 W 200 S St
Lindon, UT 84042
Tel: (385) 236-1133
About Jill's Office, LLC
Jill's Office, LLC provides professional, US-based 24/7 virtual
receptionist and scheduling services designed to support businesses
across various industries. The Company offers a range of services,
including inbound call answering, appointment scheduling, live chat
support for websites, and automated lead follow-ups (Lead Zap).
Jill's Office specializes in delivering tailored, seamless
communication solutions that enhance customer engagement while
eliminating the need for businesses to hire in-house staff. The
Company serves industries such as home services, real estate,
health and wellness, finance, legal, and small businesses. Its
mission is to ensure that businesses never miss calls or
opportunities, offering reliable customer service around the
clock.
Jill's Office filed Chapter 11 petition (Bankr. D. Utah Case No.
25-21625) on March 27, 2025, listing up to $500,000 in assets and
up to $10 million in liabilities. Brant Thurgood, member manager,
signed the petition.
Judge Peggy Hunt oversees the case.
T. Edward Cundick, Esq., at Workman Nydegger, represents the Debtor
as counsel.
JTI-MACDONALD CORP: Chapter 15 Case Summary
-------------------------------------------
Chapter 15 Debtor: JTI-Macdonald Corp.
1 Robert Speck Parkway
Suite 1601
Mississauga, Ontario
Canada L4Z 0A2
Business Description: JTI-Macdonald Corp. (JTI-Canada)
manufactures and distributes tobacco and
nicotine products across Canada. The
Company produces global and local
cigarette brands such as Winston, Camel,
LD, and Export A, and operates
manufacturing facilities in Montreal and
administrative offices nationwide. It
is headquartered in Mississauga,
Ontario. Its portfolio also includes
reduced-risk products, such as heated
tobacco and vaping devices, designed to
lower exposure to harmful chemicals
compared to traditional cigarettes.
Chapter 15 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-11530
Judge: Hon. John P Mastando III
Foreign Representative: William E. Aziz
32 Shorewood Place
Oakville Ontario
Canada L6K3Y4
Foreign Proceeding: In the Matter of a Plan of Compromise or
Arrangement of JTI-Macdonald Corp.
(Ontario Superior Court of Justice
(Commercial List) at Toronto)
Foreign
Representative's
Counsel: Madlyn Gleich Primoff, Esq.
FRESHFIELDS US LLP
3 World Trade Center
175 Greenwich St, 51st FLoor
New York NY 10012
Tel: (212) 227-4000
E-mail: madlyn.primoff@freshfields.com
Estimated Assets: Unknown
Estimated Debt: Unknown
A full-text copy of the Chapter 15 petition is available for free
at PacerMonitor.com at:
https://www.pacermonitor.com/view/DM3J3RA/JTI-Macdonald_Corp_and_William__nysbke-25-11530__0001.0.pdf?mcid=tGE4TAMA
JUBILEE HILLTOP: Hires Spence Custer Saylor as Counsel
------------------------------------------------------
Jubilee Hilltop Ranch, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Pennsylvania to employ Spence,
Custer, Saylor, Wolfe & Rose, LLC as its legal counsel.
The firm will render these legal services:
(a) represent the Debtor's interest in its Chapter 11 case;
(b) complete the filing of the Debtor's bankruptcy schedules;
(c) advise the Debtor regarding its rights, options, and
obligations under the Chapter 11 proceedings;
(d) aid in formulating and proposing a reorganization plan and
disclosure statement; and
(e) perform such other services as may arise during the
pendency of the case.
The firm will be paid at these rates:
Attorney $300 per hour
Paraprofessionals $150 per hour
In addition, the firm will seek reimbursement for expenses.
As disclosed in court filings, Spence, Custer, Saylor, Wolfe & Rose
is a "disinterested person" as that term is defined in Section
101(14) of the Bankruptcy Code.
The firm can be reached through:
Kevin J. Petak, Esq.
Spence, Custer, Saylor, Wolfe & Rose, LLC
1067 Menoher Boulevard
Johnstown, PA 15905
Tel: (814) 536-0735
Fax: (814) 539-1423
Email: kpetak@spencecuster.com
About Jubilee Hilltop Ranch, LLC
Jubilee Hilltop Ranch LLC is a family-run farm based in Osterburg,
Pennsylvania, producing grass-finished beef, pastured pork, and
eggs. The farm operates using all-natural, organically managed
practices and supplies meat products to households, restaurants,
and grocery stores. It emphasizes sustainable agriculture and
community collaboration without formal organic certification.
Jubilee Hilltop Ranch LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-70267) on June
26, 2025. In its petition, the Debtor reports estimated asses
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
Honorable Bankruptcy Judge Jeffery A. Deller handles the case.
The Debtors are represented by Kevin Petak, Esq. at SPENCE CUSTER.
KALEIDOSCOPE SCHOOL: Wins Interim Cash Collateral Access
--------------------------------------------------------
The U.S. Bankruptcy Court for the Western District of Washington
granted Kaleidoscope School interim authorization to use cash
collateral.
The Debtor needs to use cash collateral to cover ordinary and
necessary operating expenses, including payroll, rent, and
utilities.
The interim order authorized the Debtor to use cash collateral for
post-petition operating expenses (including payroll and taxes) in
accordance with the submitted budget. Debtor may exceed budgeted
amounts by up to 15%.
As adequate protection, the U.S. Small Business Administration was
granted replacement liens on post-petition cash, receivables, and
proceeds, with the same priority as its pre-petition liens.
The final hearing is scheduled for July 25. Objections due by July
18.
About Kaleidoscope School
Kaleidoscope School sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11658-TWD) on June
16, 2025. In the petition signed by Mary-Pat Soukup, director, the
Debtor disclosed up to $50,000 in assets and up to $1 million in
liabilities.
Judge Timothy W. Dore oversees the case.
Clyde Shavers, Esq., at Lyda Law Firm, represents the Debtor as
legal counsel.
KNOWBE4 INC: S&P Assigns 'B-' ICR on Debt Refinancing
-----------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to human
risk management software provider KnowBe4 Inc. At the same time,
S&P assigned its 'B-' issue-level rating and '3' recovery rating to
the $200 million revolving credit facility and $1.2 billion
first-lien term loan and its 'CCC+' issue-level rating and '5'
recovery rating to the $260 million second-lien term loan.
S&P said, "The positive outlook reflects our expectation that,
while KnowBe4's leverage will be elevated as of the close of the
transaction due to its increased debt profile and lower EBITDA
generation, we anticipate it will likely improve its credit metrics
in 2026. If the company is able to maintain leverage of below 7x
and generate free operating cash flow (FOCF) to debt of more than
5% despite its debt-funded acquisitions and shareholder returns, we
would consider raising our ratings.
"While KnowBe4's leverage will be high following the close of the
transaction, we expect its good growth rates and stable EBITDA
margins will support deleveraging over the next few years. The
company is a human risk management software provider focused on
protecting companies from human cybersecurity risks through the use
of its security awareness training software and other products.
KnowBe4 was taken private by financial sponsor Vista Equity
Partners in February 2023. After the take-private transaction, the
company completed its midsize acquisition of Egress in July 2024,
which expanded its overall debt profile. That transaction, along
with certain one-time costs, has hampered its EBITDA generation,
which will cause its leverage to be in the high-9x area as of the
close of the transaction. However, we believe that KnowBe4 will be
able to deleverage over the next few years. We expect that the
company will continue to organically expand its revenue by between
14% and 17% in 2025, which will boost its EBITDA generation. We
also expect its one-time costs will continue to roll off such that
it improves its EBITDA margins to the high-20% area in 2025.
KnowBe4's good growth rates and improved EBITDA margins will help
it reduce its leverage to the low-8x area in 2025.
"We expect KnowBe4 will benefit from solid organic growth rates in
2026 due to various strategic operational initiatives across the
business. As part of this strategy, we anticipate greater growth
opportunities in 2026. Due to these improved opportunities, we
forecast KnowBe4 will likely increase its revenue by 17%-20% in
2026. This, along with the improvement in its EBITDA margins to
almost the 30% area, will support an improvement in its leverage to
the mid-6x area in 2026.
"However, we note that KnowBe4 completed a debt-funded acquisition
that increased its debt profile by over 35% in 2024. We also
believe that the financial-sponsor-owned company could look to
complete more acquisitions tied to AI solutions to expand its
product offerings, which may lead it to target companies with high
valuations and low EBITDA generation. We would need to gain more
confidence that KnowBe4's acquisition strategy is sustainable under
the constraints of a 'B' rating before considering an upgrade.
"Due to its lower interest expense and the improvement in its
EBITDA generation, we expect KnowBe4 will generate positive FOCF in
2026. KnowBe4's EBITDA margins have remained pressured over the
past few years by acquisition, integration, and severance costs.
The company also faces capitalized costs tied to its software
development and training content for external sales, which we treat
as operating expense. However, we expect the costs tied to
KnowBe4's integration and restructuring will be non-recurring and
roll off, leading to an improvement in its EBITDA margins over the
next few years. Due to the expected improvement in its
profitability, we anticipate the company will generate EBITDA
margins in the high-20% area in 2026.
"KnowBe4 also faces high interest expense because its sponsor
financed the take-private transaction through the private debt
markets. We expect that the company will be able to secure
more-favorable pricing on its refinanced debt, providing it with
interest expense savings for the full year. We also believe that
the improvement in its EBITDA generation, supported by its good
organic growth, higher profitability, and lower full-year interest
expense, will help increase its FOCF generation to more than $110
million in 2026.
"Although KnowBe4 operates at a smaller scale and with narrow
product diversity in this extremely fragmented market, we believe
that it is one of the leaders in the human risk management space.
The human risk management space is extremely fragmented and
intensively competitive, given the large number of players in the
space, such as Proofpoint, Mimecast, Cofense, Sans, Infosec, and
others. KnowBe4 operates at a smaller scale than these other
software companies. We also believe that while KnowBe4 solutions
are important, we do not believe they are as mission critical as
enterprise resource planning (ERP) solutions, thus they could still
be cut or delayed in a macroeconomic downturn. We also note that,
while it has been looking to expand its product offerings through
acquisitions, the company still has a narrow product focus compared
with other software companies. However, despite these business
risks, we still believe that KnowBe4 is one of the leaders in the
human risk management space."
KnowBe4 has consistently expanded its organic revenue by more than
20% annually over the past few years. The company's revenue is also
highly recurring (high-90% area), which S&P thinks will enable it
to sustain its business operations through potential macroeconomic
downturns or company-specific issues. In addition, due to its large
and high-quality content platform, easy setup, AI-native solutions,
it has been able to accumulate the data sets of more than 100
million users, which it leverages to continue to evolve and protect
against human cybersecurity risk. KnowBe4 also has strong net
retention rates, which shows that customers continue to rely on its
human risk management solutions.
KnowBe4 will likely continue to benefit from good demand for its
human risk management solutions over the next few years. The
company helps its customers protect themselves against
cybersecurity threats by addressing the most vulnerable point in
their cybersecurity structure, their employees. As cybersecurity
threats become increasingly complex and prolific, the company helps
reduce the threat of humans to its customers' cybersecurity through
its security awareness training software, which provides
information around phishing email attacks, as well as content
training, security coaching, and more. This has supported stable
demand for the company's solutions, leading to organic revenue
growth of more than 20% over the past two years.
KnowBe4 partners with companies such as Microsoft and all of the
large cybersecurity software providers, which shows these firms
prefer to work with it rather than compete against it. Given those
security risk tailwinds, along with the company's various strategic
operational initiatives and good ROI, S&P believes it will continue
to benefit from stable demand across all its customers segments,
leading to an expansion of in its topline revenue of between 15%
and 18% in 2025 and 17% and 20% in 2026.
S&P said, "The positive outlook reflects our expectation that,
while KnowBe4's leverage will be elevated as of the close of the
transaction due to its increased debt profile and lower EBITDA
generation, we anticipate it will likely improve its credit metrics
in 2026. If the company is able to maintain leverage of below 7x
and generate FOCF to debt of more than 5% despite its debt-funded
acquisitions and shareholder returns, we would consider raising our
ratings.
"We could revise our outlook on KnowBe4 to stable if it sustains
leverage above the 7x area or FOCF to debt of below 5% due to
debt-funded acquisitions or shareholder returns, weaker customer
demand amid tougher macroeconomic environment or competitive
pressures, or continued elevated operating costs due to business
disruptions.
"We could consider upgrading KnowBe4 if it sustains leverage below
the 7x area and FOCF to debt of more than 5% despite its
debt-funded acquisitions and shareholder returns. This could occur
if the company maintains a financial policy similar to those of
higher-rated entities, its growth rates remain stable through a
tougher macroeconomic environment, and it continue to improve its
EBITDA margins."
KUBERA HOTEL: Seeks Court Approval to Tap Ryan C. Wood as Counsel
-----------------------------------------------------------------
Kubera Hotel Properties, LP seeks approval from the U.S. Bankruptcy
Court for the Northern District of California to employ the Law
Offices of Ryan C. Wood, Inc. to handle its Chapter 11 case.
Ryan Wood, Esq., the primary attorney in this representation, will
be paid at his hourly rate of $475 plus reimbursement for expenses
incurred.
The firm received a retainer of $10,000 and a filing fee of $1,738
from the Debtor.
Mr. Wood 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:
Ryan C. Wood, Esq.
Law Offices of Ryan C. Wood, Inc.
611 Veterans Blvd., Ste. 218
Redwood City, CA 94063
Telephone: (650) 366-4858
Facsimile: (650) 366-4875
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.
The Law Offices of Ryan C. Wood, Inc. represents the Debtor as
counsel.
LAID RIGHT: Gets Third Interim OK to Use Cash Collateral
--------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of North
Carolina, Raleigh Division approved a third interim order
authorizing Laid Right Site Development, Inc. to use cash
collateral.
The Debtor may use the lender's cash collateral through July 28,
subject to a 10% variance on budgeted disbursements. Use is
restricted to ordinary and necessary expenses outlined in the
budget.
The Debtor projects total operational expenses $204,650 for July.
As adequate protection, lenders were granted a replacement lien on
the Debtor's post-petition property to the same extent and with the
same validity and priority as their pre-bankruptcy lien.
In addition, Bank of America, N.A., as senior secured lender, will
receive an adequate protection payment (the lesser of 20% of the
net profit of the Debtor during the interim period or the contract
payments of $11,253.63, if net profit exceeds $50,000).
The next hearing is scheduled for July 28.
Bank of America, N.A. and two other lenders are the holders of
Promissory Notes executed by the Debtor that are secured by liens
on assets, including the Debtor's accounts and accounts receivable.
As of the petition date, the outstanding balance owed to Bank of
America on all notes was approximately $900,000.
About Laid Right Site Development
Laid Right Site Development, Inc. is a site development contractor
specializing in grading and utility services. It operates in North
Carolina, with locations in Jefferson and Sanford. Its services
support infrastructure and construction projects across the
region.
Laid Right Site Development sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No.
25-01607) on April 30, 2025. In its petition, the Debtor reported
between $1 million and $10 million in assets and up to $50,000 in
liabilities.
J.M. Cook, Esq., at J.M. Cook, P.A. is the Debtor's legal counsel.
Bank of America, as senior secured lender, is represented by:
Brian D. Darer, Esq.
Parker Poe Adams & Bernstein LLP
301 Fayetteville Street, Suite 1400
Raleigh, North Carolina 27602
Telephone: (919) 828-0564
briandarer@parkerpoe.com
LASEN INC: Gets Interim OK to Use Cash Collateral
-------------------------------------------------
The U.S. Bankruptcy Court for the District of Arizona issued an
interim order permitting Lasen, Inc. to use cash collateral
necessary to avoid irreparable harm.
The Debtor was authorized to use cash collateral to pay ordinary
and necessary operating expenses for an initial period through July
31, 2025, pursuant to the budget.
The final hearing is scheduled for July 31.
All customers of the Debtor shall pay any amounts owed to the
Debtor in the ordinary course irrespective of any directives by
third parties including MCA Creditors.
The Debtor, founded in 1989 and providing methane leak detection
services since 2005, is a technology leader in airborne LiDAR
methane detection using its proprietary ALPIS system. The company
has inspected over 800,000 miles of pipeline. In April 2023, Lasen
was acquired by SkySkopes Holdings, Inc., which also owns
SkySkopes, Inc. SkySkopes, initially a drone service provider
founded in 2014, expanded into manned aviation and GIS services,
growing its revenue to $23 million in 2024. Though operating
independently, Lasen and SkySkopes collaborate closely and share
resources.
In recent years, both companies have been operating at a loss as
they pursued growth. These losses were funded by SkySkopes Holdings
and merchant cash advances (MCAs) while they sought new equity
partners. Several funding attempts in early 2025 failed. Notably,
Mahogany Investments and Steel Private Bank failed to deliver a
promised $25 million investment and $10 million credit line despite
Lasen paying $300,000 in fees. Additional efforts with consultants
and a $20 million acquisition offer from a Raymond James client
also collapsed. Compounding these issues, on March 13, 2025, Lasen
and SkySkopes entered into an MCA agreement with Ace Funding. On
April 1, 2025, Ace unilaterally declared default and, through
Triton Recovery Group, sent notices to Lasen’s clients demanding
payment redirection, freezing over two months’ worth of
receivables and causing severe liquidity issues and staff
departures.
To address concerns of MCA creditors who may claim liens on
revenues, the Debtor offers granting them replacement liens with
the same validity and priority as their prepetition liens.
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: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: Lawton LLC
1111 Lawton Ave
Lynn MA 01940
Business Description: Lawton LLC provides rooming and boarding
house accommodations in Lynn, Massachusetts.
The Company operates within the lodging
industry, offering residential services such
as temporary or long-term housing.
Chapter 11 Petition Date: July 8, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-11412
Debtor's Counsel: Michael Walsh, Esq.
WALSH & WALSH
PO Box 9
Lynnfield MA 01940
Tel: 617-257-5496
E-mail: walsh.lynnfield@gmail.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $100,000 to $500,000
The petition was signed by William Fletcher as manager.
The Debtor failed to provide a list of its 20 largest unsecured
creditors in the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RTS6OKI/Lawton_LLC__mabke-25-11412__0001.0.pdf?mcid=tGE4TAMA
LEISURE INVESTMENTS: Says Former Execs Defy Court Orders
--------------------------------------------------------
Alex Wolf of Bloomberg Law reports that bankrupt marine park
operator Dolphin Co. is urging a U.S. bankruptcy court to hold its
former top executives in Mexico accountable for allegedly defying
orders to hand over corporate records.
In a court filing Wednesday, July 9, 2025, the company's bankruptcy
attorneys said former CEO Eduardo Albor and ex-chief legal officer
Concepcion Esteban Manchado have disregarded recent directives from
the U.S. Bankruptcy Court for the District of Delaware and should
face sanctions.
Albor, already facing court-imposed fines of $10,000 per day, now
claims he neither possesses nor has access to the company's books
and records—despite earlier indications to the contrary.
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.
LEXINGTON BLUE: Seeks to Hire Dennery PLLC as Bankruptcy Counsel
----------------------------------------------------------------
Lexington Blue, Inc. seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Kentucky to employ Dennery, PLLC as
legal counsel.
The firm will provide these services:
(a) advise the Debtor about their rights, powers and duties;
(b) advise and assist the Debtor with the preparation of the
petition, schedules, and statements of financial affairs;
(c) analyze the claims of the creditors, and negotiate with
such creditors;
(d) investigate the acts, conduct, assets, rights, liabilities
and financial condition of the Debtor and its business;
(e) advise and negotiate the sale of any or all assets of the
Debtor;
(f) investigate, file, and prosecute any claims on behalf of
the estate;
(g) draft and propose a plan of reorganization;
(h) appear for the Debtor at any hearings, conferences, and
other proceedings;
(i) prepare and/or review motions, applications, proposed
orders, and other documents filed with the court;
(j) initiate any appropriate proceedings to avoid prepetition
transfers and/or recover assets for the benefit of the estate; and
(k) deliver any and all other legal services as may be
required that are in the best interest of the estate or the
creditors.
The firm will be paid at these hourly rates:
(a) $300 for each hour devoted to performing legal services;
(b) $225 for each hour devoted to delivering financial
reports, bookkeeping services, or business planning services
required to develop cash collateral budgets, projections to support
a plan of reorganization, applications for post-petition financing,
or any proposed merger, acquisitions, assignment or sales
transactions; and
(c) $100 for each hour of paralegal, administrative and legal
support services.
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $22,500 from the Debtor.
J. Christian Dennery, Esq., an attorney at Dennery, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
J. Christian Dennery, Esq
Dennery, PLLC
P.O. Box 121241
Covington, KY 41012
Telephone: (888) 833-2826
Facsimile: (859) 286-6726
About Lexington Blue Inc.
Lexington Blue, Inc. provides roofing and exterior renovation
services for residential and commercial properties.
Lexington Blue Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ky. Case No. 25-50863) on June 16,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
The Debtor is represented by J. Christian Dennery, Esq., at
Dennery, PLLC.
LINDA FLORA: Seeks Chapter 11 Bankruptcy in California
------------------------------------------------------
On July 8, 2025, Linda Flora D 1341 filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Central District of California.
According to court filing, the Debtor reports between $10 million
and $50 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Linda Flora D 1341
Linda Flora D 1341 is a Los Angeles, CA-based real estate company
with principal assets located at 1341 Linda Flora Drive in Los
Angeles.
Linda Flora D 1341 sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-15742) on July 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Deborah J. Saltzman handles the case.
The Debtors are represented by Lewis Phon, Esq. at Law Office of
Lewis Phon.
LINDA FLORA: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: Linda Flora D 1341, LLC
2337 Roscomare Road #10
Los Angeles CA 90077
Business Description: Linda Flora D 1341, LLC operates as a lessor
of real property assets.
Chapter 11 Petition Date: July 8, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-15742
Judge: Hon. Deborah J. Saltzman
Debtor's Counsel: Lewis Phon, Esq.
LAW OFFICE OF LEWIS PHON
4040 Heaton Court
Antioch CA 94509
Tel: 925-470-8551
E-mail: lewisphon22@gmail.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
Adrian Rudomin signed the petition as managing member.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/IVXXRPI/Linda_Flora_D_1341_LLC__cacbke-25-15742__0001.0.pdf?mcid=tGE4TAMA
LINQTO TEXAS: Gets Interim OK to Obtain DIP Loan From Sandton
-------------------------------------------------------------
Linqto Texas, LLC and affiliates received interim approval from the
U.S. Bankruptcy Court for the Southern District of Texas, Houston
Division, to obtain debtor-in-possession financing facility from
Sandton Capital Solutions Master Fund VI, LP.
This DIP Facility in the aggregate principal amount of up to $60
million is structured as a senior secured, superpriority,
multi-draw term loan, with $10 million available on an interim
basis.
The DIP financing is needed urgently to fund payroll, benefits,
insurance, vendor payments, and administrative expenses as set
forth in an Initial Budget, which covers at least the first three
weeks of the Chapter 11 process. Without immediate funding, the
Debtors face the risk of operational shutdown, asset devaluation,
and loss of stakeholder support.
The DIP Facility includes several economic terms:
1. Interest: The Debtors must pay 14.5% per annum in PIK
(payment-in-kind) interest, capitalized monthly. If in default, the
rate increases to 17.5%.
2. Issuance Fee: A 2.5% fee on each draw, capitalized and added to
the loan balance.
3. Exit Fee: Ranges from 2.5% to 3.0% based on how much of the
facility is drawn.
4. Unused Fee: 2.0% per annum on undrawn amounts, also
capitalized.
5. Renewal Fee: If the loan is not repaid by its maturity, a 2.5%
renewal fee applies, extending the term by three months (up to two
extensions).
6. Minimum Return: The DIP Lender must receive a minimum 1.15x
multiple of invested capital on each advance.
The Debtors were authorized to pay in full each Issuance Fee, Exit
Fee, Renewal Fee and Unused Fee when due and payable in accordance
with the terms of the DIP Facility.
The DIP Facility must be repaid in full on the earliest of:
(a) the Scheduled Maturity Date, which is listed as 12 months from
the Closing Date of the DIP Facility;
(b) the "effective date" of a confirmed Plan;
(c) the date on which the Debtors consummate a sale of all or
substantially all of the assets pursuant to 11 US.C. Section 363 or
otherwise; or
(d) the date of acceleration of the obligations upon the occurrence
of an event of default in accordance with the DIP Credit Agreement
and DIP Orders
The Debtors are required to comply with these milestones:
(a) The Bankruptcy Court must have entered the Final DIP Order by
the date that is no later than 45 days after entry of the interim
DIP order;
(b) The Debtors must have filed a motion with the Bankruptcy Court
seeking entry of an Approved Plan by no later than October 3, 2025;
(c) The Bankruptcy Court must have entered an order confirming an
Approved Plan by no later than January 16, 2026; and
(d) An Approved Plan must have become effective in accordance with
its terms by no later than April 15, 2026.
The financing is secured by superpriority liens and administrative
expense claims on substantially all of the Debtors' assets, subject
to a "Carve Out" for certain administrative and professional costs.
Importantly, the DIP Lender is not a prepetition creditor, meaning
the financing does not affect or modify any pre-bankruptcy
obligations.
The DIP Liens, DIP Superpriority Claim the Prepetition Liens, the
Prepetition Replacement Liens, and the Prepetition Superiority
Claims are subordinate only to the following:
(i) all fees required to be paid to the Clerk of the Court and
to the U.S. Trustee under 28 U.S.C. section 1930(a) plus interest
at the statutory rate;
(ii) all reasonable and documented fees and expenses incurred by
a trustee under 11 US.C. section 726(b).
(iii) Subject to the terms and entry of the Approved Budget and
upon entry of the Final DIP Order, reasonable fees and costs
incurred by the Borrowers' professionals in the Cases as approved
by the Bankruptcy Court.
The Debtors, which operated the Linqto Platform -- a service
providing indirect investment access to private tech companies --
halted operations on March 13, 2025, after new management uncovered
widespread regulatory violations and active investigations by the
U.S. Securities and Exchange Commission (SEC) and FINRA. These
investigations, along with internal reviews, revealed pervasive
non-compliance with securities laws and flaws in Linqto's corporate
structure. This led to the immediate suspension of the Platform,
which was the Debtors' main revenue-generating operation. As of the
Petition Date (July 7, 2025), Debtor Linqto Liquidshares LLC held
securities in 111 companies with a combined estimated fair market
value exceeding $500 million, but only had $123,000 in cash on
hand, insufficient to meet basic operational needs.
The final hearing is scheduled for August 5. The deadline for
filing objections is on July 29.
A copy of the interim DIP order is available at:
http://bankrupt.com/misc/Linqto_Texas_LLC__InterimDIP
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.
Judge Alfredo R. Perez oversees the case.
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.
Sandton Capital Solutions Master Fund VI, LP, as DIP Lender, may be
reached through:
Robert Rice
Sandton Capital Partners
16 West 46th Street, 11th Floor
New York, NY 10036
Direct: 310.600.3980
Office: 212.444.7200
Sandton is represented by its attorneys:
Kristen L. Perry, Esq.
Faegre Drinker Biddle & Reath, LLP
2323 Ross Avenue, Suite 1700
Dallas, TX 75201
Tel: (469) 357-2500
Fax: (469) 327-0860
Email: kristen.perry@faegredrinker.com
-- and --
Richard J. Bernard, Esq.
Faegre Drinker Biddle & Reath, LLP
1177 Avenue of the Americas, 41st Floor
New York, NY 10036
Tel: (212) 248-3263
Fax: (212) 248-3141
Email: richard.bernard@faegredrinker.com
-- and --
Michael R. Stewart, Esq.
Adam C. Ballinger, Esq.
Faegre Drinker Biddle & Reath, LLP
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402
Telephone: (612) 766-7000
Facsimile: (612) 766-1600
Email: michael.stewart@faegredrinker.com
adam.ballinger@faegredrinker.com
LINQTO TEXAS: Users Accuse Founder of Violating Securities Laws
---------------------------------------------------------------
Clara Geoghegan of Law360 reports that customers of the recently
bankrupt private investment platform Linqto filed a proposed class
action in New York federal court on Wednesday, July 9, 2025,
accusing the company's founder and former CEO of violating
securities laws and leading aggressive, misleading marketing
efforts to attract investors.
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.
LPB MHC: Farmers State Bank Loses Summary Judgment Bid
------------------------------------------------------
Judge Mary P. Gorman of the United States Bankruptcy Court for the
Southern District of Illinois denied the motion for summary
judgment filed by Farmers State Bank of Alto Pass as to Counts IV
and V in the adversary complaint captioned as LPB MHC, LLC d/b/a
Sam C. Mitchell & Assocs., Plaintiff, v. FARMERS STATE BANK OF ALTO
PASS, Defendant, Adv. No. 25-04001 (S.D. Ill.).
The Debtor, LPB MHC d/b/a Sam C. Mitchell & Associates, filed its
voluntary petition under Chapter 11 Subchapter V on Nov. 5, 2024.
In subsequently filed schedules, the Debtor listed Farmers State
Bank as potentially having a secured claim against it in the amount
of $2.4 million. The debt to Farmers State Bank was scheduled as
secured by "inventory, chattel paper, accounts, equipment, general
intangibles, and fixtures." The debt was also marked as disputed.
The Debtor is a law firm that concentrates in personal injury and
workers' compensation cases. The firm was owned and operated by
member managers LPB Law, LLC, controlled by Attorney Lance P.
Brown, and MHC Law, LLC, controlled by Attorney Matthew H. Caraway,
until Aug. 1, 2022. On that date, a revised operating agreement was
signed adding BJZ Law, LLC, controlled by Attorney Brandon J.
Zanotti, as a new member manager. Each of the LLCs was scheduled as
owning a 33.33% interest in the Debtor upon execution of the
revised agreement.
Documents included in the filings of all parties reflect that BJZ
Law paid $2.4 million for its interest in the Debtor using a loan
funded by Farmers State Bank of Alto Pass, a bank at which Mr.
Zanotti served on the board of directors. The $2.4 million payment
was made by BJZ Law on Oct. 12, 2022. The loan from Farmers State
Bank was secured by Mr. Zanotti's personal guarantee, an insurance
policy on the life of Mr. Zanotti, and certain real estate owned by
SCM Real Estate LLC, a company formed and managed by Mr. Brown, Mr.
Caraway, and Mr. Zanotti; the loan was also allegedly secured by a
commercial security agreement signed by all three members of the
Debtor. As part of the transaction, Mr. Zanotti, who previously
served as Williamson County States Attorney, began practicing law
with the Debtor firm and was compensated accordingly.
In early March 2024, Mr. Zanotti disclosed to Mr. Caraway that the
FBI had approached him in September 2022 regarding a sale of real
estate he had been involved in and that he was being investigated
for bank fraud and possibly other crimes related to that sale. On
March 21, 2024, Mr. Zanotti pleaded guilty to federal felony
charges. He was later sentenced to probation for two years.
After Mr. Zanotti's guilty plea and employment termination, BJZ Law
defaulted on the loan. In an effort to collect on the obligation
owed to it, Farmers State Bank turned to the Debtor. The bank sent
notices to a number of attorneys representing defendants in cases
in which the Debtor represented the plaintiffs.
After receiving a response letter from the Debtor's attorney
pointing out potential problems with the Bank's conduct, Farmers
State Bank filed a lawsuit in Williamson County, Illinois, seeking
a declaratory judgment that it was entitled to make the contacts
that it had and that it was not tortiously interfering with the
Debtor.
The Chapter 11 bankruptcy case was filed to stop Farmers State
Bank's continuing contacts that the Debtor believed interfered with
its ability to represent its clients.
The Debtor filed its seven-count adversary complaint against
Farmers State Bank in January 2025. The first three counts of the
complaint object to the claim filed by Farmers State Bank on its
own behalf and to two claims that Farmers State Bank filed on
behalf of BJZ Law and Brandon Zanotti; each such count seeks a
determination of the amount, priority, and validity of each claim
and any secured status asserted in such claims. Count IV of the
complaint purports to state a cause of action against Farmers State
Bank for "Libel and Other Tortious Conduct" based on Farmers State
Bank's communication with defense counsel involved in Debtor's
cases. Count V seeks to equitably subordinate any claim of Farmers
State Bank that might otherwise be allowed based on the alleged
wrongful conduct. Count VI seeks a declaratory judgment regarding
the existence and validity of the secured claims filed by Farmers
State Bank on its own behalf and for BJZ Law. Count VII seeks a
declaratory judgment regarding the value of any collateral
supporting Farmers State Bank's secured claim as of the petition
date.
Farmers State Bank filed a timely answer to the complaint and, one
day after answering, filed a motion for summary judgment asking
that Counts IV and V be dismissed with prejudice and that all other
counts be dismissed without prejudice to the filing of claim
objections in the main case. The motion for summary judgment
contained no statement of material and uncontested facts and wholly
failed to comply with the local rules for such motions. The motion
for summary judgment was stricken due to that failure. In the order
striking, Farmers State Bank was admonished that the motion for
summary judgment appeared to be premature and was urged to exercise
caution in refiling a similar motion in the short term.
Nevertheless, one week later, Farmers State Bank filed another
motion for summary judgment seeking judgment in its favor on Counts
IV and V.
In Count IV, the Debtor claims that it was libeled by Farmers State
Bank because the bank published notices to defense counsel saying
that the Debtor had entered into an "Assignment" of all its rights
in its receivables and general intangibles. The Debtor says that
the use of the term "Assignment" is false and untrue. Although
Count IV is labelled as pleading other tortious conduct, no other
tort is identified, and a footnote suggests that more discovery is
needed to fully identify all actionable tortious conduct of Farmers
State Bank.
According to the Court, Count IV provides no more than a general
allegation of harm. It does not plead the elements of libel, and it
does not even identify any other tort it attempts to plead. But
Farmers State Bank did not seek dismissal under Rule 12(b)(6) by
motion or in its answer. In the absence of any such request, the
relief will not be granted, the Court finds.
As to Count V, the Debtor lists a series of "inequitable" actions
by Farmers State Bank and claims that the conduct justifies
equitable subordination of any allowed claim of Farmers State Bank.
Equitable subordination may be ordered when a creditor's conduct
has been inequitable, resulting in harm to other creditors with
claims, and when the subordination would not otherwise contradict
the Bankruptcy Code.
The list of alleged wrongful conduct by Farmers State Bank
contained in Count V is both sufficient to state a claim and
sufficient to avoid summary judgment. Farmers State Bank says that
its conduct was not wrongful, but the Court has already explained
why that is not true. It also points out that there are only a few
other claims and contends that subordination of its claim is
therefore not meaningful. Judge Gorman holds, "That may be true,
but it is not a basis to grant summary judgment. It should also be
noted that in neither the original plan of reorganization nor the
amended plan currently pending confirmation is the claim of Farmers
State Bank treated as subordinated. Thus, the Debtor may not be
seriously pursuing this remedy. That remains to be seen. For the
time being, however, summary judgment must be denied."
A copy of the Court's Opinion dated June 26, 2025, is available at
https://urlcurt.com/u?l=P059xU from PacerMonitor.com.
About LPB MHC
LPB MHC, LLC, doing business as Sam C. Mitchell and Associates, is
a law firm that concentrates in personal injury and workers'
compensation cases. LPB MHC, LLC, filed Chapter 11 petition (Bankr.
S.D. Ill. Case No. 24-40450) on November 5, 2024, with up to $10
million in both assets and liabilities. Lance P. Brown, managing
member, signed the petition.
Judge Mary P. Gorman oversees the case.
Robert Eggmann, Esq., represents the Debtor as legal counsel.
LYNDA TRANSPORTATION: Seeks Chapter 11 Bankruptcy in Illinois
-------------------------------------------------------------
On July 9, 2025, Lynda Transportation Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Northern District
of Illinois. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Lynda Transportation Inc.
Lynda Transportation Inc. is a transportation company based in
Hoffman Estates, Illinois.
Lynda Transportation Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-10429) on July
9, 2025. In its petition, the Debtor reports estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
The Debtors are represented by Modestas Law Offices, P.C.
LYNDA TRANSPORTATION: Voluntary Chapter 11 Case Summary
-------------------------------------------------------
Debtor: Lynda Transportation, Inc.
1240 Mallard Lane
Hoffman Estates, IL 60192
Business Description: Lynda Transportation, Inc. is a freight
carrier that provides interstate trucking
services across the United States. The
Company transports general freight,
machinery, metals, and agricultural and
construction supplies using dry vans and
flatbeds. It operates from locations in
Hoffman Estates and Carpentersville,
Illinois.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-10429
Debtor's Counsel: Saulius Modestas, Esq.
MODESTAS LAW OFFICES, P.C.
401 S. Frontage Rd., Ste. C
Burr Ridge, IL 60527-7115
Tel: 312-251-4460
Fax: 312-277-2586
E-mail: smodestas@modestaslaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Maria Grynenko as president.
The Debtor failed to provide a list of its 20 largest unsecured
creditors in the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5W5H22I/Lynda_Transportation_Inc__ilnbke-25-10429__0001.0.pdf?mcid=tGE4TAMA
MARVEL LIGHTING: Hires Richey Mills as Financial Advisor
--------------------------------------------------------
Marvel Lighting LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Indiana to employ Richey Mills &
Associates as financial advisor.
The firm's services include:
a. consulting and advising relationship with the ownership and
management of the Debtor;
b. providing general business advisory services to the Debtor
including consultation on its financial statements, accounting
processes, and other financial system-related need; and
c. preparing of weekly cash forecasts, various financial
schedules and supplemental analytics useful to the Debtor.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Prior to the filing date, the Debtor paid the firm an initial
retainer of $5,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Joseph F. Breen, Esq.
Richey Mills & Associates
3815 River Crossing Parkway, Suite 100
Indianapolis, IN 46240
Tel: (317) 713-7540
About Marvel Lighting LLC
Marvel Lighting, LLC is a lighting designer and distributor based
in Carmel, Indiana.
Marvel Lighting sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-03349) on June 10,
2025, listing up to $500,000 in assets and up to $1 million in
liabilities. John Ansted, principal at Marvel Lighting, signed the
petition.
Judge Jeffrey J. Graham oversees the case.
John Allman, Esq., at Hester Baker Krebs, LLC, represents the
Debtor as legal counsel.
MEYER BURGER: 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 Meyer
Burger (Holding) Corp. and its affiliates.
The committee members are:
1. Amcor Flexibles Transpac BV
Attn: Ciaran Dillon
Amcor Central Services Bristol
83 Tower Road North, Warmley
Bristol, BS30 8XP
United Kingdom
Phone: +447749637508;
Ciaran.Dillon@amcor.com
2. Fura Freight LLC (f/k/a AOK Freight LLC)
Attn: Jeff Dangelo
13851 W 63rd Street, #377
Shawnee, KS 62216
Phone: 513-623-4249
jeff@fura.com
3. Shinyang Metal
Attn: Chun Min Soo
Lot XN3-1A, Lot XN3-1G and Lot XN7-1
Dai An Expansion IZ
Lai Cach, Cam Giang Hai Duong Province
Vietnam
Phone: +84-220-3559 858
mschun@shin-yang.com
4. Schrader Mechanical, Inc.
Attn: Kimberly Maynard
1015 Black Diamond Way
Lodi, CA 95240
Phone: 209-369-6888
kim.m@smiwest.com
5. Synergy West, LLC
Attn: Chase Bernhard
4020 S 15th Ave.
Phoenix, AZ 85041
Phone: 480-369-1145
chase@synergywastegroup.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 Meyer Burger (Holding) Corp.
Meyer Burger (Holding) Corp. is an industrial manufacturer of solar
cells and solar modules.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11217-CTG) on June 25,
2025. In the petition signed by Justin D. Pugh, chief restructuring
officer, the Debtor disclosed up to $500 million in assets and up
to $1 billion in liabilities.
Judge Craig T. Goldblatt oversees the case.
Paul N. Heath, Esq., at Richards, Layton & Finger, P.A., represents
the Debtor as legal counsel.
GLAS USA LLC, as DIP lender, is represented by:
John W. Weiss, Esq.
Pashman Stein Walder Hayden, P.C.
824 North Market Street, Suite 800
Wilmington, DE 19801
Telephone: (302) 592-6496
Facsimile: (201) 488-5556
Email: jweiss@pashmanstein.com
-- and --
William Hao, Esq
Alston & Bird LLP
90 Park Avenue New York, New York 10016
Telephone: (212) 210-9400
Facsimile: (212) 210-9444
Email: William.Hao@alston.com
-- and --
Anna Nolan, Esq.
Alston & Bird LLP
6th Floor, 3 Noble Street
London, EC2V 7EE United Kingdom
Telephone: +44 20 8161 4000
Email: anna.nolan@alston.com
MINORTICO REALTY: Case Summary & Nine Unsecured Creditors
---------------------------------------------------------
Debtor: Minortico Realty Corp
967 Nostrand Avenue
Brooklyn, NY 11225
Business Description: Minortico Realty Corp, a single-asset real
estate entity, owns the property at 967
Nostrand Avenue in Brooklyn, New York, which
is appraised at $24.9 million.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-43261
Judge: Hon. Nancy Hershey Lord
Debtor's Counsel: Narissa A. Joseph, Esq.
NARISSA A. JOSEPH
305 Broadway, Suite 1001
New York, NY 10007
Tel: (212) 233-3060
Fax: (646) 607-3335
E-mail: njosephlaw@aol.com
Total Assets: $24,904,704
Total Liabilities: $16,563,899
The petition was signed by Colin Karl Cohen as president.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JBXGQVA/Minortico_Realty_Corp__nyebke-25-43261__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Nine Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. 130-46 226th Street LLC $781,192
C/O Opal A. McFarlane, Esq
1721 Brooklyn Avenue
Brooklyn, NY 11210
2. 1803 Fairfax Street LLC $592,816
C/O Opal A. McFarlane, Esq
1721 Brooklyn
Avenue 11210
3. 190 East 31 Street $900,000
Alliance LLC
C/O Opal A. McFarlane, Attorney at Law
1721 Brooklyn Avenue
Brooklyn, NY 11210
4. City Builders/Big $3,250
Apple Group NY
936 S Oster Bay Rd
Hicksville, NY 11801
5. Frank Seta & Associates $100,330
35 W. 35th St
New York, NY 10001
6. Glickman Engineering $86,334
Associates
545 8th Avenue, 16th Floor
New York, NY 10018
7. Madelien Kerr $0
8109 Glenwood
Road, Basement Apt
Brooklyn, NY 11236
8. NYC Dept of Finance $47,239
Correspondence Unit
One Centre Street,
22nd Floor
New York, NY 10007
9. NYC Dept of Finance $7,323
Correspondence Unit
One Centre Street,
22nd Floor
New York, NY 10007
MINORTICO REALTY: Seeks Chapter 11 Bankruptcy with $16.6MM Debt
---------------------------------------------------------------
On July 9, 2025, Minortico Realty Corp. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
New York. According to court filing, the Debtor reports $16.6
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About Minortico Realty Corp.
Minortico Realty Corp. is a New York-based single asset real estate
company with principal assets located at 967 Nostrand Avenue in
Brooklyn, New York.
Minortico Realty Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43261) on July 9,
2025. In its petition, the Debtor reports $24.9 million in assets
and $16.6 million in liabilities.
The Debtors are represented by Narissa A. Joseph, Esq.
MOSAIC COMPANIES: Case Summary & 30 Largest Unsecured Creditors
---------------------------------------------------------------
Lead Debtor: Mosaic Companies, LLC
400 Technology Ct.
Building 400, Suite R
Smyrna, GA 30082
Business Description: Mosaic Companies, LLC provides stone, tile,
and surface products through its
subsidiaries Walker & Zanger, LLC and
Surfaces Southeast, LLC. The Company
operates showrooms and slab galleries across
the U.S., distributing under the Walker
Zanger and Anthology brands, and supplies
mosaic and specialty wall tiles to
commercial clients. It is based in Smyrna,
Georgia, and Hialeah, Florida. The
remaining Debtors consist of holding
companies or nonoperating entities with no
significant assets or liabilities, aside
from guarantees on existing debt.
Chapter 11 Petition Date: July 8, 2025
Court: United States Bankruptcy Court
District of Delaware
Ten affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Mosaic Companies, LLC (Lead Debtor) 25-11296
Surfaces Southeast Holdco, LLC 25-11297
Mosaic Midco, LLC 25-11298
Retile, LLC 25-11299
Wallec Enterprises, LLC 25-11300
CAYP, LLC 25-11301
Surfaces Southeast, LLC 25-11302
Walker & Zanger, LLC 25-11303
WZCA Holdings, LLC 25-11304
Mustang Stone Quarries, LLC 25-11305
Judge: Hon. Craig T Goldblatt
Debtors'
Bankruptcy
Counsel: Matthew B. Harvey, Esq.
Derek C. Abbott, Esq.
Sophie Rogers Churchill, Esq.
Avery Jue Meng, Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 N. Market Street, 16th Floor
Wilmington, Delaware 19801
Tel: (302) 658-9200
Fax: (302) 658-3989
Email: mharvey@morrisnichols.com
dabbott@morrisnichols.com
srchurchill@morrisnichols.com
ameng@morrisnichols.com
Debtors'
Financial
Advisor: BERKLEY RESEARCH GROUP, LLC
Debtors'
APA-Related
Counsel: EVERSHEDS SUTHERLAND US LLP
Debtors'
Claims,
Administrative &
Solicitation
Agent: EPIQ CORPORATE RESTRUCTURING, LLC
Lead Debtor's
Estimated Assets: $10 million to $50 million
Lead Debtor's
Estimated Liabilities: $100 million to $500 million
The petitions were signed by Randall Jackson as Group president and
chief executive officer.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/PCIZQXY/Mosaic_Companies_LLC__debke-25-11296__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Tile Matrix LLC Import Supplier $298,083
7911 SW 157th Court
Miami, FL 33193
Contact: Nimesh
Phone: (305) 338-6621
Email: sales@tilematrix.com;
nimesh@tilematrix.com
2. Deltaker, S.A. Import Supplier $252,102
Avda. Castilla-La Mancha 7
Onda, Castellon 12200
Spain
Contact: Miguel Taus
Phone: +34 964 776 240
Email: administracion@deltaker.com;
deltaker.miguel@deltaker.com
3. Terreno Middlebrooke LLC Rent $238,128
2335 Nw 107th Ave
Suite Mc8
Doral, FL 33172
Contact: Randolph Peters
Phone: (415) 655-458
Email: acquisitions@terreno.com
4. CIFRE Ceramica S.L. Import Supplier $177,327
Carretera Villarreal A Onda
KM 10
Onda, Castellon 12200
Spain
Contact: Mercedes Rebollar
Phone: +34 687 433 108
Email: mercherebollar@hotmail.com;
merche@cifreceramica.com
5. North Hills Industrial Park, Inc. Rent $157,507
9595 Wilshire Blvd.
Suite 214
Beverly Hills, CA 90212
Contact: Robert Geringer
Phone: (310) 432-1051
Email: accounting@geringercapital.com
6. Ceramica Da Vinci, S.L. Import Supplier $156,366
Av. Mediterraneo 67
Onda, Castellon 12200
Spain
Contact: Francisco Llorens
Phone: +34 699 307 653
Email: fllorens@ceramicadavinci.net
7. LVG Ceramic Surfaces SL Import Supplier $142,943
Ctra Vila-Real, Km 2.5
Onda, Castellon 12540
Spain
Contact: Alex Romero
Phone: +34 964 914 181
Email: aromero@livingceramics.com
8. Marmi Orobici Graniti Spa Import Supplier $132,830
Via Sandro Pertini, 34
Telgate, Bergamo
Italy
Contact: Andrea Finazzi
Phone: +39 3428 405648
Email: andrea@marmiorobici.it
9. Estudio Ceramico, S.L. Import Supplier $87,193
Partida Rachina S/N
Sant Joan De Moro, Castellon
12130
Spain
Contact: Julian Torner
Jose Ramon Vilar
Phone: +34 964 328 187
Email: jvilar@eceramico.com
10. GR Marmi Import Supplier $85,913
Viale D. Zaccagna
Avenza Carrara 6–54031
Italy
Contact: David Peselli
Phone: +39 345 3730821
Email: david@grmarmi.it
11. Rose Art Mosaic Co., Ltd. Import Supplier $84,153
50 Xindi Rd.
Kaiping
Guangdong 529300
China
Contact: Vita Zhan
Phone: +86 138 2625 8628
Email: v.zhan@rosemosaic.com
12. Navarti Ceramica S.L.U. Import Supplier $78,797
Ctra Onda Villareal Km 3.5
Onda, Castellon 12200
Spain
Contact: Juan Borrero
Cristina Lozano
Phone: +34 964 776 262
Email: jborrero@navarti.com;
clozano@navarti.com
13. Michelangelo Marmores Import Supplier $77,813
Do Brasil
R KS-2, 1884 - 2144
Quatro Barras, Parana 83420
Brazil
Contact: Marcello Zicarelli
Phone: (41) 3021-6000
Email: marcello.zicarelli@michelangelo.com.br
14. Ceramica Estilker, S. L. Import Supplier $77,480
Pi El Colomer, C/ Castilla Leon
S/N,
Onda, Castellon 12200
Spain
Contact: Manuel Fortuno
Phone: (667) 479-720
Email: manuel@ceramicaestilker.com
15. Amagran Importacao E Import Supplier $76,674
Exportacao Ltda
Rod. Camilo Coa
S/N - Es 488 Km 8.5
Regiao Monte Libano
Cachoeiro De Itapemirim, ES
Brazil
Contact: Talles Boone
Phone: (55) 273-317-0351
Email: sales@amagran.com;
renata@amagran.com
16. RL Sunflower Properties, LLC Rent $66,809
517 12th Street
Santa Monica, Ca 90402
Contact: Robert L. Cannon
Phone: (310) 384-4221
Email: cannonproperties9@gmail.com
17. Mercury Ceramica, S.L. Import Supplier $63,862
Ctra. Onda-Villarreal, Km 3.4,
Onda, Castellon 12200
Spain
Contact: Raquel Blasco
Phone: +34 964 771 449
Email: rblasco@mercuryceramica.com
18. Favorita S.P.A. Import Supplier $61,153
Marmi E Graniti Conterno
Via Fossacan, 10/A
Lonigo 36045
Italy
Contact: Stefano Modena
Phone: +39 0444 436311
Email: favorita@granitifavorita.com;
stefano@granitifavorita.com
19. Hastone Company Import Supplier $58,773
L9-09, Duong Noi New Urban Area
To Huu Str
Hadong Dist, Hanoi
Vietnam
Contact: Thinh Do
Phone: 849 13316510
Email: hastone1@vnn.nn
20. Savino Del Bene Italy Import Freight $56,210
Scali Del Corso
Livorno 557123
Italy
Contact: Fabio Camiciadolfo Rossi
Phone: +39 0586 892473
Email: fabio.camici@savinodelbene.com;
adolfo.rossi@savinodelbene.com
21. Securitas Technology Service Provider $52,581
Corporation
Dept Ch 10651
Palatine, IL 60055
Contact: Justin Deyonge
Phone: (855) 331-0359
Email: justin.deyonge@securitas.com
22. Stone Profit Systems Service Provider $52,578
1629 North Ashland
Chicago, IL 60622
Contact: Chandu Rudraraju
Phone: (305) 372-9787
Email: accounting@stoneprofits.com
23. Pazigram Pazini Granitos E Import Supplier $52,190
Marmores Ltda
Rod. Es 488 – Km 30
Sitio Da Serra – Frade-Itapecoa
Itapemirim, Es
Brazil
Contact: Lorran Belmock
Phone: +55 28 99963 3100
Email: pazigram@pazigram.com.br
24. Ceramica Vilar Albaro, S.L. Import Supplier $51,907
Partida Saloni 15
Sant Joan De Moro, Castellon
12130
Spain
Contact: Jose Antonio Soto
Phone: +34 964 361 825
Email: nguillen@salcamar.com
25. Woodall Realty Company Rent $47,958
3155 Roswell Rd NE
Ste 100
Atlanta, GA 30305
Ontact: Oran Woodall
Phone: (404) 237-8638
Email: marie@woodallrealty.net;
odw@woodallrealty.net
26. Dunn Transport Solutions Inc. Local Freight $47,870
1229 N Joshua Ave
Clovis, CA 93619-8601
Contact: Patrick Dunn
Phone: (559) 500-1080
Email: ar@dunnfreight.com
27. Alttoglass Import Supplier $47,473
Pol. Ind. Casablanca, S/N
Moncofar, Castellon 12593
Spain
Contact: Myriam Chausse
Phone: (964) 577-878
Email: export@alttoglass.com
28. Foshan City Hengyang Trading Import Supplier $47,361
Co., Ltd
Room 609, Building A
China-Europe E-Commerce City
Lecong Town, Shunde District
China
Contact: Eva Zhou
Phone: +86 136 3008 4813
Email: eva-cht@qq.com
29. Joaquim Duarte Urmal & Filhos Import Supplier $46,160
Apartado 16, 2716-901 Pero
Pinheiro
Portugal
Contact: Pedro Urmal
Phone: +351 219 279 179
Email: urmal@urmal.com;
contabilidade.urmal@mail.telepac.pt
30. Bestile, S.L. Import Supplier $44,018
Ptda. La Torreta, S/N
Alcora, Castellon 12110
Spain
Contact: Celso Lopez Gomez
Phone: (964) 367-320
Email: salsaserra@bestile.es;
info@bestile.es
MSB TRUST: Seeks Chapter 11 Bankruptcy in Utah
----------------------------------------------
On July 8, 2025, MSB Trust filed Chapter 11 protection in the U.S.
Bankruptcy Court for the District of Utah. 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 MSB Trust
MSB Trust is a revocable trust with its principal place of business
in Salt Lake City, Utah.
MSB Trust sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Utah Case No. 25-23863) on July 8, 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 Ford & Huff LC.
MTE LLC: Cash Today Seeks Emergency Appointment of Receiver
-----------------------------------------------------------
In the case, CASH TODAY LLC, and MONEYBOX ATM NEVADA LLC,
Plaintiffs v. MTE LLC a/k/a MTE PLATINUM CASH LLC, and MICHAEL W.
TYLER, SR., Defendants, Case No. 2:21-cv-02360-EFM (D. Kan.), the
Plaintiffs move the Court to grant various pre-judgment relief on
an emergency basis.
The Plaintiffs filed this case asserting multiple claims against
Defendants stemming from a dispute regarding an alleged agreement
for MTE to sell certain ATM assets to Plaintiff Cash Today, LLC.
The claims in this case include: a breach-of contract claim against
MTE (Count 1); a fraud and fraudulent misrepresentation claim
against both Defendants (Count 2); recission claims against MTE
(Counts 3 and 4); an unjust enrichment claim against MTE (Count 5);
a tortious interference claim against both Defendants (Count 6); a
conversion claim against both Defendants (Count 7); and a deceptive
trade practice claim against both Defendants (Count 8).
Plaintiffs Cash Today LLC and MoneyBox ATM Nevada LLC achieved
complete success at trial, with this Court, pursuant to the
Memorandum and Order, entering judgment against Defendants on
multiple claims in the full amount sought by Plaintiffs -- i.e.,
$750,397.02. The Court also found that Defendants' conduct
warranted punitive damages. An evidentiary hearing was held on May
28, 2025, relating to punitive damages, and the amount of punitive
damages to be awarded against Defendants remains pending with this
Court. Also pending before the Court are Plaintiffs' Motion for
Attorneys' Fees and Costs and supporting Memorandum of Law and
Defendants' opposing Memorandum of Law and Defendants' Motion for
New Trial and supporting Memorandum of Law and Plaintiffs' opposing
Memorandum of Law.
With that emergency backdrop, the Plaintiffs move that the Court
appoint a receiver over the affairs of MTE and, in more limited
fashion, the assets to be attached and garnished of Tyler, pursuant
to Fed. R. Civ. P. 66, federal common law and this Court's
equitable powers, and K.S.A. Section 60-711.
The Plaintiffs contend that a receiver will evaluate the
circumstances relating to MTE and continue business or liquidate
assets in the best interests of MTE and all its creditors. The
Defendants are liquidating MTE's assets and fraudulently and
preferentially transferring assets to their benefit and for the
purpose of fraudulently avoiding payment to Plaintiffs. The
fraudulent and preferential transfers to third parties also do not
benefit such third parties. MMT Ventures, Dats ATM, M M ATM, the
recipient of the $620,000 payment, and other creditors and
transaction counterparties of MTE are now subject to litigation by
having received fraudulent and preferential transfers. All
creditors and transaction counterparties of MTE will be benefited
by a receiver -- a neutral third party with a fiduciary duty to all
interest holders in the receivership estate -- being appointed for
the best interests of the receivership estate.
The Plaintiffs suggest Christopher S. Dove of Fagan & Emert LLC be
appointed receiver. Mr. Dove served as a trial attorney for the
United States Department of Justice Civil Tax Division in
Washington, D.C. pursuing recovery of assets hidden in fraudulent
tax shelters and other schemes.
The Plaintiffs assert that the receiver will pursue fraudulent and
preferential transfers pursuant to state and federal law such that
MTE's recent fraudulent and preferential transfers are unwound for
the collective benefit of the receivership estate.
MTE LLC a/k/a MTE Platinum Cash LLC is a Nevada limited liability
company.
Plaintiffs Cash Today LLC and MoneyBox ATM Nevada LLC, are
represented by:
Rick Shearer, Esq.
Robert A. Hammeke, Esq.
4520 Main Street, Suite 1100
Kansas City, MO 64111
Telephone: (816) 460-2400
E-mail: rick.shearer@dentons.com
robert.hammeke@dentons.com
NATURAL STATE: Hires Honey Law Firm P.A. as Attorneys
-----------------------------------------------------
Natural State Contractors, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Arkansas to employ
Honey Law Firm, P.A. as its attorneys.
The firm will render these services:
(a) advise and consult with the Debtor concerning questions
arising in the conduct of the administration of the estate and
concerning the Debtors rights and remedies with regard to the
estate's assets and claims of secured, priority and unsecured
creditors and other parties in interest;
(b) appear for; prosecute, defend, and represent the Debtor
interest in adversary proceedings and/or contested matters arising
in or related to this case;
(c) investigate and prosecute preference and other actions
arising under the debtor's avoiding powers.
(d) assist in the preparation of such pleadings, motions,
notices and orders as are required for the orderly administration
of this estate and to consult with and advise the Debtor in
connection with the operation of or termination of the operation of
the business of debtor;
(e) assist in the preparation of a Plan of Reorganization and
to present said Plan of Reorganization to this Court for approval
and confirmation; and
(f) undertake all other necessary and appropriate legal
representation of the Debtor in this proceeding.
The firm will be paid at these rates:
Marc Honey $375 per hour
Alexandra Honey $225 per hour
Paralegal $125 per hour
Prior to the petition date, the Debtor paid the sum of $35,000.
Marc Honey, Esq., an attorney at Honey Law Firm, disclosed in a
court filing that his firm is a "disinterested person" as that term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Marc Honey, Esq.
Honey Law Firm, PA
P.O. Box 1254
Hot Springs, AR 71902
Tel: (501) 321-1007
Fax: (501) 321-1255
Email: mhoney@honeylawfirm.com
About Natural State Contractors, Inc.
Natural State Contractors Inc. is a construction firm based in Hot
Springs National Park, Arkansas. The Company specialized in
residential remodeling projects, including kitchen and bathroom
renovations, custom home building, and countertop installations.
Natural State Contractors Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Ark. Case No.
25-71062) on June 25, 2025. In its petition, the Debtor reports
total assets of $839,049 and total liabilities of $1,839,89.
Honorable Bankruptcy Judge Richard D. Taylor handles the case.
The Debtors are represented by Marc Honey, Esq. at HONEY LAW FIRM,
P.A.
NHC INVESTMENTS: Section 341(a) Meeting of Creditors on August 14
-----------------------------------------------------------------
On July 8, 2025, NHC Investments LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Western District of Louisiana.
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.
A meeting of creditors under Section 341(a) to be held on August
14, 2025 at 02:00 PM at 341 Meeting - Telephone Conference, UST.
Call: 888-330-1716, Passcode: 5240151#.
About NHC Investments LLC
NHC Investments LLC is a Louisiana-based real estate holding
company with properties in St. Landry Parish.
NHC Investments LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. La.Case No. 25-50600) on July 8,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge John W. Kolwe handles the case.
The Debtors are represented by David Patrick Keating, Esq.
NOBLE LIFE: Hires Scarlett & Croll PA as Bankruptcy Counsel
-----------------------------------------------------------
Noble Life Sciences, Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Maryland to employ Scarlett & Croll, PA
as bankruptcy counsel.
The firm will render these services:
(a) advise the Debtor of its rights, powers, and duties;
(b) represent the Debtor in defense of proceedings instituted
to reclaim property of the estate or to obtain relief from the
automatic stay under Sec. 362 of the Bankruptcy Code;
(c) assist the Debtor in the preparation of schedules,
statement of financial affairs, and any amendments thereto that the
Debtor may be required to file in this case;
(d) represent the Debtor's interests in this bankruptcy
proceeding;
(e) assist the Debtor in the preparation of its Plan of
Reorganization and supporting documents or an orderly liquidation
of its assets;
(f) investigate and advise the Debtor as to the potential ways
to reorganize its affairs and attempt, if appropriate, to discover
potential assets in this bankruptcy proceeding; and
(g) perform all of those duties appropriate to represent the
Debtor in this bankruptcy proceeding.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Within one month prior to the filing of the Debtor's Bankruptcy
Petition, the Debtor paid Scarlett & Croll, P.A. $27,584.40 for
legal fees and expenses associated with filing this bankruptcy
proceeding.
Robert Scarlett, Esq., a partner at Scarlett & Croll, disclosed in
a court filing that the firm is a "disinterested person" as that
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Robert B. Scarlett, Esq.
Scarlett & Croll, PA
201 N. Charles St., Ste. 600
Baltimore, MD 21201
Telephone: (410) 468-3100
Facsimile: (410) 332-4026
Email: Rscarlett@scarlettcroll.com
About Noble Life Sciences, Inc.
Noble Life Sciences Inc. is a pre-clinical contract research
organization that provides GLP and non-GLP services, including
safety and efficacy testing, for drugs, vaccines, and medical
devices. The Company offers capabilities in pharmacology,
bioanalysis, analytical testing, and preclinical development across
a range of therapeutic areas such as oncology, infectious diseases,
and cardiovascular conditions.
Noble Life Sciences Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-15637) on June 22, 2025.
In its petition, the Debtor reports total assets of $488,456 and
total liabilities of $5,160,511.
The Debtors are represented by Robert B. Scarlett, Esq. at SCARLETT
& CROLL, P.A.
OCEAN FIVE: Seeks Approval to Hire Alvin L. Hagerich as Accountant
------------------------------------------------------------------
Ocean Five Condominium Association, Inc. seeks approval from the
U.S. Bankruptcy Court for the Southern District of Florida to
employ Alvin Hagerich, CPA, a professional practicing in Hudson,
Florida, as accountant.
The firm will render these services:
(a) advise the Debtor with respect to its responsibilities in
complying requests with the attorneys, accountants, and others
regarding daily activities; and
(b) aid in the representation of the Debtor in negotiation
with its creditors in the preparation of a plan.
Mr. Hagerich disclosed in a court filing that he is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The professional can be reached at:
Alvin L. Hagerich, CPA
14851 State Road 52 Unite 107-212
Hudson, FL 34669
About Ocean Five Condominium Association
Ocean Five Condominium Association, Inc. is a real estate leasing
company based in Victoria, Texas, specializing in owning and
leasing commercial properties, providing spaces for retail and
office use.
Ocean Five Condominium Association sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15015) on
May 2, 2025. In its petition, the Debtor reported between $100,000
and $500,000 in assets and between $500,000 and $1 million in
liabilities.
Judge Laurel M. Isicoff handles the case.
The Debtor tapped Robert C. Meyer, Esq., at Meyer & Nunez, PA as
counsel and Alvin L. Hagerich, CPA, as accountant.
OCEAN FIVE: Seeks Approval to Hire Meyer & Nunez as Legal Counsel
-----------------------------------------------------------------
Ocean Five Conduminium Association, Inc. seeks approval from the
U.S. Bankruptcy Court for the Southern District of Florida to
employ Meyer & Nunez, PA as counsel.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties
and the continued management of its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare legal documents necessary in the administration of
the case;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
Robert Meyer, Esq., an attorney at Meyer & Nunez, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Robert Meyer, Esq.
Meyer & Nunez, PA
P.O. Box 430160
South Miami, FL 33243
Telephone: (305) 285-8838
About Ocean Five Condominium Association
Ocean Five Condominium Association, Inc. is a real estate leasing
company based in Victoria, Texas, specializing in owning and
leasing commercial properties, providing spaces for retail and
office use.
Ocean Five Condominium Association sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15015) on
May 2, 2025. In its petition, the Debtor reported between $100,000
and $500,000 in assets and between $500,000 and $1 million in
liabilities.
Judge Laurel M. Isicoff handles the case.
The Debtor tapped Robert C. Meyer, Esq., at Meyer & Nunez, PA as
counsel and Alvin L. Hagerich, CPA, as accountant.
OCEAN FIVE: Seeks Court Approval to Tap Blue Sky Miami as Manager
-----------------------------------------------------------------
Ocean Five Conduminium Association, Inc. seeks approval from the
U.S. Bankruptcy Court for the Southern District of Florida to
employ Blue Sky Miami, Inc. as manager.
The firm will render these services:
(a) advise the Debtor with respect to daily matters handled by
managers for Home Owners Associations;
(b) advise the Debtor with respect to its responsibilities in
complying requests with the attorneys, accountants, and others
regarding daily activities; and
(c) aid in the representation of the Debtor in negotiation
with its creditors in the preparation of a plan.
Carlos Herrera, a property manager at Blue Sky Miami, 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:
Carlos Herrera
Blue Sky Miami, Inc.
1680 Michigan Ave., Ste. 1014
Miami Beach, FL 33139
About Ocean Five Condominium Association
Ocean Five Condominium Association, Inc. is a real estate leasing
company based in Victoria, Texas, specializing in owning and
leasing commercial properties, providing spaces for retail and
office use.
Ocean Five Condominium Association sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-15015) on
May 2, 2025. In its petition, the Debtor reported between $100,000
and $500,000 in assets and between $500,000 and $1 million in
liabilities.
Judge Laurel M. Isicoff handles the case.
The Debtor tapped Robert C. Meyer, Esq., at Meyer & Nunez, PA as
counsel and Alvin L. Hagerich, CPA, as accountant.
OFFSHORE SAILING: Seeks to Hire Williamson Law Firm as Counsel
--------------------------------------------------------------
Offshore Sailing School, Ltd., Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ
Williamson Law Firm as counsel.
The firm will provide these services:
(a) take all action necessary to protect and preserve the
estate of the Debtor;
(b) prepare, on behalf of the Debtor, legal papers, required
in connection with the administration of the estate;
(c) counsel the Debtor with regard to its rights and
obligations;
(d) prepare and file schedules of assets and liability;
(e) prepare and file a plan of reorganization and disclosure
statement; and
(f) perform all other necessary legal services in connection
with this Chapter 11 case.
The firm's hourly rates are as follows:
Leon Williamson, Jr., Attorney $400
Paralegal/Legal Assistant $100 - $175
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Williamson 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:
Leon A. Williamson, Jr., Esq.
Williamson Law Firm
306 South Plant Ave., Suite B
Tampa, FL 33606
Telephone: (813) 253-3109
Facsimile: (813) 315-6849
Email: Service@LwilliamsonLaw.com
About Offshore Sailing School
Offshore Sailing School Ltd. Inc. is a provider of sailing and
powerboating instruction in the U.S., offering certification
courses in cruising, passage making, and racing. It also conducts
team-building sailing activities and organizes flotilla vacations
for certified sailors. With over 60 years of experience, the school
operates in Florida and the British Virgin Islands under the
leadership of Steve and Doris Colgate.
Offshore Sailing School Ltd. Inc. sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case
No. 25-00921) on May 21, 2025. In its petition, the Debtor reports
total assets as of Feb. 28, 2025 amounting to $611,760 and total
liabilities as of Feb. 28, 2025 totaling $2,277,797.
The Debtor is represented by Leon Williamson, Esq. at Williamson
Law Firm.
PALWAUKEE HOSPITALITY: Plan Exclusivity Extended to Sept. 30
------------------------------------------------------------
Judge David D. Cleary of the U.S. Bankruptcy Court for the Northern
District of Illinois extended Palwaukee Hospitality, LLC's
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to September 30 and December 1, 2025,
respectively.
As shared by Troubled Company Reporter, the instant bankruptcy
proceeding was filed under Chapter 11 of the Bankruptcy Code on
February 23, 2025.
The Debtor explains that it has been working towards achieving a
plan that is acceptable to creditors and will provide the most
benefit to the Bankruptcy Estate. In order to achieve this goal,
the Debtor needs additional time to retain professionals and to
work with creditors.
The Debtor asserts that the extension of times will not prejudice
any creditors or the United States Trustee.
Palwaukee Hospitality, LLC is represented by:
Paul M. Bach, Esq.
Penelope N. Bach, Esq.
Bach Law Offices, Inc.
P.O. BOX 1285
Northbrook, IL 60062
Telephone: (847) 564 0808
About Palwaukee Hospitality LLC
Palwaukee Hospitality LLC operates a hotel property located at 600
N. Milwaukee Avenue in Prospect Heights, Illinois.
Palwaukee Hospitality LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-02685) on
February 23, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
Penelope N. Bach, Esq., at Bach Law Offices, is the Debtor's
counsel.
PITT STOP: Seeks to Hire Kasen & Kasen as Bankruptcy Counsel
------------------------------------------------------------
Pitt Stop Services, LLC seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey to employ Kasen & Kasen, PC to
handle its Chapter 11 case.
The firm has agreed to render legal services and be compensated for
such services in accordance with and subject to all terms and
conditions set forth in the retainer agreement.
David Kasen, Esq., an attorney at Kasen & Kasen, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
David A. Kasen, Esq.
Kasen & Kasen, PC
Society Hill Office Park
1874 E. Marlton Pike, Suite 3
Cherry Hill, NJ 08003
Telephone (856) 424-4144
Facsimile (856) 424-7565
Email: dkasen@kasenlaw.com
About Pitt Stop Services
Pitt Stop Services, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-15937) on June 4, 2025,
listing under $1 million in both assets and liabilities.
Judge Andrew B. Altenburg, Jr. handles the case.
David A. Kasen, Esq., at Kasen & Kasen, PC serves as the Debtor's
counsel.
PPS PROPERTY: Section 341(a) Meeting of Creditors on August 13
--------------------------------------------------------------
On July 8, 2025, PPS Property 8-10 Sanford Ave. LLC filed Chapter
11 protection in the U.S. Bankruptcy Court for the District of New
Jersey. According to court filing, the Debtor reports between
$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 8/13/2025
at 09:00 AM at Telephonic.
About PPS Property 8-10 Sanford Ave. LLC
PPS Property 8-10 Sanford Ave. LLC is a single asset real estate
entity that owns property at 8-10 Sanford Ave in Plainfield, New
Jersey.
PPS Property 8-10 Sanford Ave. LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-17193) on
July 8, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $100,000 and $500,000 each.
The Debtors are represented by Robert C. Nisenson, Esq. at Robert
C. Nisenson, LLC.
PPS PROPERTY: To Sell Plainfield Property to R. Padron for $750K
----------------------------------------------------------------
PPS Property 1213-1215 Putnam Ave LLC seeks permission from the
U.S. Bankruptcy Court for the District of New Jersey, to sell
Property, free and clear of liens, claims, and encumbrances.
The Debtor's Property is located at 1213-1215 Putnam Avenue,
Plainfield, New Jersey. The Property to be sold is comprised of
land and all the buildings, other improvements and fixtures on the
land, all the Debtor's rights relating to the land, and all
personal property specifically included in the contract.
Also included in the sale are: gas and electric fixtures,
chandeliers, wall-to-wall carpeting, linoleum, mats and matting in
halls, screens, shades, awnings, storm windows and doors, TV
antenna, water pump, sump pump, and water softeners.
The Debtor wants to sell the Property to Rafael Padron with the
purchase price of $750,000.
The Debtor agrees to pay the broker a commission for services
rendered in procuring the sale with a flat commission of $4000 to
ESP Realty Inc.
The Property is being sold "as is" and does not make any claims or
promise about the condition or value of any of the property
included in the sale.
About PPS Property 1213-1215 Putnam Ave LLC
PPS Property 1213-1215 Putnam Ave. LLC is a single-asset real
estate company based in Plainfield, New Jersey, operates a property
at 1213-1215 Putnam Avenue.
PPS Property 1213-1215 Putnam Ave. LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-10171) on
January 7, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $100,000 and $500,000.
Robert C. Nisenson, Esq., at Robert C. Nisenson, LLC, represents
the Debtor as counsel.
PRESCART CORP: Gets Final OK to Use Cash Collateral
---------------------------------------------------
PresCart Corp. received final approval from the U.S. Bankruptcy
Court for the Western District of North Carolina, Charlotte
Division, to use cash collateral to pay its expenses.
The Debtor was authorized to use cash collateral only for ordinary
and necessary business expenses in accordance with the
court-approved budget. A 10% variance per budget line item is
permitted on a cumulative basis.
The Debtor projects monthly total operational expenses of $20,163.
As protection for the use of their cash collateral, the lenders
Stearns Bank, Simmons Bank, and Parafin, Inc. were granted security
interests in, and liens on all post- petition payment intangibles
of the Debtor.
As of the filing date, the Debtor's assets included about $11,000
in customer deposits, $6,100 in pending credit card payments, and
$28,000 in equipment and supplies. Stearns Bank holds a
first-priority lien securing a debt of $196,279, while Simmons Bank
and Parafin, Inc. assert subordinate liens for $245,000 and
$70,000, respectively. The Debtor notes that Simmons and Parafin
may be unsecured and reserves the right to challenge the validity
of any liens at a later time.
About PresCart Corp.
PresCart Corp., d/b/a The Lash Lounge, provides eyelash and eyebrow
services through personalized treatments such as lash extensions,
lash lifts, tinting, and threading. Operating with a focus on
customization and detail, the Company offers multiple lash
extension styles including classic, volume,
hybrid, and mega volume. Each service is performed by trained
stylists aiming to enhance clients' appearance without the need for
daily makeup.
PresCart Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-30503) on May 16,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Ashley Austin Edwards handles the case.
The Debtor is represented by:
Richard S. Wright
Moon Wright & Houston, PLLC
Tel: 704-944-6564
Email: rwright@mwhattorneys.com
PROSOURCE MACHINERY: Seeks to Extend Plan Exclusivity to Sept. 29
-----------------------------------------------------------------
ProSource Machinery, LLC asked the U.S. Bankruptcy Court for the
District of Colorado to extend its exclusivity periods to file a
plan of reorganization and obtain acceptance thereof to September
29 and November 25, 2025, respectively.
Since the Petition Date, the Debtor has worked diligently to
formulate a plan of reorganization.
Here, several factors favor granting the requested extension.
* Complexity: The Debtor's operations span two states and
involve approximately 15 secured creditors with interests in
numerous pieces of equipment and machinery.
* Time and Information: The Debtor is undertaking material
operational changes and requires time to assess their impact and
incorporate the results into a feasible plan.
* Progress: The Debtor has determined a restructuring path and
is implementing a strategy to return to viability.
* Compliance: The Debtor is generally paying its operating
expenses as they come due and timely filing its monthly operating
reports.
* Good Faith and No Prejudice: This Motion is the Debtor's
first such request, made in good faith, and is not intended to
coerce creditors or delay proceedings.
ProSource Machinery, LLC is represented by:
David V. Wadsworth, Esq.
Wadsworth Garber Warner Conrardy, P.C.
2580 W. Main St., Ste. 200
Littleton, CO 80120
Telephone: (303) 296-1999
Email: dwadsworth@wgwc-law.com
About ProSource Machinery
ProSource Machinery, LLC, sells and rents off-highway construction
and mining equipment in Montana and Colorado.
ProSource filed a Chapter 11 petition (Bankr. D. Colo. Case No.
25-11010) on Feb. 28, 2025, listing up to $10 million in assets and
up to $50 million in liabilities. Derek Dicks, managing member of
ProSource, signed the petition.
Judge Kimberley H. Tyson oversees the case.
David J. Warner, Esq., at Wadsworth Garber Warner Conrardy, P.C.,
is the Debtor's legal counsel.
PROSPECT MEDICAL: Seeks to Hire KPMG as Tax Consulting Advisor
--------------------------------------------------------------
Prospect Medical Holdings, Inc. and its affiliates seek approval
from the U.S. Bankruptcy Court for the Northern District of Texas
to employ KPMG LLP as tax consulting advisor.
The firm will provide these services:
(I) Tax Consulting Services:
(i) KPMG will provide property tax appeals
representation for multiple real property accounts in Los Angeles
County, California and represent the Debtors before the County
Assessor and the local assessment/administrative review board.
(ii) KPMG will represent the Debtors before the U.S.
Internal Revenue Service ("IRS") in submitting a request for a
private letter ruling or other IRS guidance on the characterization
of sale-leaseback transactions with respect to certain properties
as financings for U.S. federal income tax purposes; and
(iii) KPMG will provide general tax consulting on
matters that may arise for which the Debtors seek advice, both
written and oral, and that are not the subject of a separate
engagement letter.
(II) Advisory Services:
(i) Divestiture Accounting: KPMG will support management
in adjusting the trial balances of Prospect and the Business Units
to reflect the separation of the planned divestitures.
(ii) Carve Out Accounting: KPMG will support management
with analyzing and splitting commingled balance sheet accounts for
the Debtors and the Business Units, with a focus on shared balances
and intercompany balances. KPMG will review corporate general and
administration costs and other allocations and determine processes
to reasonably assign such costs to the appropriate Business Units,
if needed.
(iii) ASC 852 Reorganizations Reporting: KPMG will
support management with applying ASC 852, Reorganizations to
Prospect and the Business Units, which is the U.S. GAAP (U.S.
Generally Accepted Accounting Principles) accounting and reporting
guidance and requirements for entities while in bankruptcy and at
the time of emergence.
(iv) Push Down Accounting: KPMG will assist the Debtors
and the Business Units with the push down of 1) fresh-start
reporting adjustments upon emergence and 2) purchase accounting
adjustments to the general ledger information for the divestitures,
as needed under the terms of any transition services agreement.
(v) Preparation of Financial Statements: KPMG will
assist management with its preparation of U.S. GAAP basis financial
statements for the Debtors and/or the Business Units for specific
periods.
(vi) Technical Accounting: KPMG will assist management
with technical accounting research and assessments associated with
the bankruptcy and divestitures and support the preparation of
accounting position papers, as needed.
(vii) Supporting Accounting and Reporting Workpapers:
KPMG will gather and prepare supporting workpapers and
documentation for the Business Units' technical accounting,
financial accounting, and reporting.
The firm will be paid at these following rates:
Partners $1,040
Managing Directors $960
Directors/Senior Managers $890
Managers $780
Senior Associates $625
Associates $455
In addition, the firm will seek reimbursement for expenses
incurred.
Salley Wong, a certified public accountant at KPMG, 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:
Salley Wong
KPMG LLP
550 South Hope Street, Suite 1500
Los Angeles, CA 9007
Telephone: (213) 972-4000
facsimile: (212) 622-1217
About Prospect Medical Holdings, Inc.
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical and its 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 Paul Rundell,
chief restructuring officer, Prospect Medical estimated assets and
liabilities between $1 billion and $10 billion each.
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; KPMG LLP as tax
consulting advisor; and Omni Agent Solutions, Inc. as claims,
noticing & solicitation agent.
On Jan. 29, 2025, the Office of the United States Trustee for
Region 6 appointed an official committee of unsecured creditor in
these Chapter 11 cases. The committee tapped Brinkman Law Group, PC
as efficiency counsel.
PUERTO RICO: Oversight Board Rejects $20B New Fortress Deal
-----------------------------------------------------------
Jim Wyss and Ruth Liao of Bloomberg News report that Puerto Rico's
financial oversight board is rejecting a proposed $20 billion
natural gas supply agreement, warning that it would effectively
grant New Fortress Energy Inc. a near-monopoly over the island's
energy sector.
In a letter to Puerto Rico's energy chief, Josue Colon, the
Financial Oversight and Management Board expressed "profound
concerns" about the 15-year contract between Genera PR -- a New
Fortress subsidiary that operates the island's power plants -- and
another company unit responsible for delivering liquefied natural
gas.
About Puerto Rico
Puerto Rico is a self-governing commonwealth in association with
the United States. The chief of state is the President of the
United States of America. The head of government is an elected
Governor. There are two legislative chambers: the House of
Representatives, 51 seats, and the Senate, 27 seats. The
governor-elect is Ricardo Antonio "Ricky" Rossello Nevares, the son
of former governor Pedro Rossello.
In 2016, the U.S. Congress passed PROMESA, which, among other
things, created the Financial Oversight and Management Board and
imposed an automatic stay on creditor lawsuits against the
government, which expired May 1, 2017.
The members of the oversight board are: (i) Andrew G. Biggs, (ii)
Jose B. Carrion III, (iii) Carlos M. Garcia, (iv) Arthur J.
Gonzalez, (v) Jose R. Gonzalez, (vi) Ana. J. Matosantos, and (vii)
David A. Skeel Jr.
On May 3, 2017, the Commonwealth of Puerto Rico filed a petition
for relief under Title III of the Puerto Rico Oversight,
Management, and Economic Stability Act ("PROMESA"). The case is
pending in the United States District Court for the District of
Puerto Rico under case number 17-cv-01578. A copy of Puerto Rico's
PROMESA petition is available at
http://bankrupt.com/misc/1701578-00001.pdf
On May 5, 2017, the Puerto Rico Sales Tax Financing Corporation
(COFINA) commenced a case under Title III of PROMESA (D.P.R. Case
No. 17-01599). Joint administration has been sought for the Title
III cases.
On May 21, 2017, two more agencies -- Employees Retirement System
of the Government of the Commonwealth of Puerto Rico and Puerto
Rico Highways and Transportation Authority (Case Nos. 17-01685 and
17-01686) -- commenced Title III cases.
U.S. Chief Justice John Roberts named U.S. District Judge Laura
Taylor Swain to preside over the Title III cases.
The Oversight Board has hired as advisors, Proskauer Rose LLP and
O'Neill & Borges LLC as legal counsel, McKinsey & Co. as strategic
consultant, Citigroup Global Markets as municipal investment
banker, and Ernst & Young, as financial advisor.
Martin J. Bienenstock, Esq., Scott K. Rutsky, Esq., and Philip M.
Abelson, Esq., of Proskauer Rose LLP; and Hermann D. Bauer, Esq.,
at O'Neill & Borges LLC are onboard as attorneys.
Prime Clerk LLC is the claims and noticing agent. Prime Clerk
maintains the case Web site
https://cases.primeclerk.com/puertorico
Jones Day is serving as counsel to certain ERS bondholders.
Paul Weiss is counsel to the Ad Hoc Group of Puerto Rico General
Obligation Bondholders.
R & L HANDYMAN: Hearing to Use Cash Collateral Set for July 15
--------------------------------------------------------------
U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, is set to hold a hearing on July 15 to consider another
extension of R & L Handyman, Inc.'s authority to use cash
collateral.
The Debtor's authority to utilize cash collateral pursuant to the
court's July 1 and 2 orders expires on July 15.
The court orders approved the payment of the Debtor's expenses from
the cash collateral in accordance with the budget it filed with the
court.
The court orders also granted the Debtor's secured creditors,
including Deere & Company, Mulligan Funding and Ford Credit a
post-petition lien on cash collateral to the same extent and with
the same validity and priority as their pre-bankruptcy liens.
About R & L Handyman Inc.
R & L Handyman, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 8:25-bk-03055-CPM) on
May 9, 2025. In the petition signed by Elizabeth Perdue, vice
president, the Debtor disclosed up to $50,000 in assets and up to
$500,000 in liabilities.
Judge Catherine Peek McEwen oversees the case.
Matthew J. Kovschak, Esq., at Sutton Law Firm, represents the
Debtor as legal counsel.
RCB ENTERPRISES: Seeks Subchapter V Bankruptcy in Michigan
----------------------------------------------------------
On July 9, 2025, RCB Enterprises Co. LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
Michigan. 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 RCB Enterprises Co. LLC
RCB Enterprises Co. LLC, doing business as Spoiler And Wing King,
specializes in automotive accessories, particularly spoilers and
wings for vehicles.
RCB Enterprises Co. LLCsought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Mich. Case No. 25-31477)
on July 1, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100,000 and $500,000 and estimated
liabilities between $100,000 and $500,000.
The Debtors are represented by George E. Jacobs, Esq. at Bankruptcy
Law Offices.
REDSTONE BUYER: S&P Downgrades ICR to 'CCC-' on Ongoing Cash Burn
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Redstone
Buyer LLC (RSA) to 'CCC-' from 'CCC+', its issue-level rating on
its revolving credit facility (RCF) and first-lien term loan to
'CCC-' from 'CCC+', and its issue-level rating on its second-lien
term loan to 'C' from 'CCC-'.
The negative outlook reflects S&P's expectation that RSA will
continue to burn cash over the next 12 months due to its high cash
interest burden and limited revenue growth. This will likely cause
the company to rely on its RCF, which matures in April 2026.
RSA has continued to generate significant negative free operating
cash flow (FOCF), which S&P expects will persist in fiscal year
2026 (ending Jan. 30, 2026), largely due to its high interest
burden. Therefore, S&P Global Ratings expects the company will need
to draw on its revolving credit facility (RCF) maturing April 2026
to maintain sufficient cash to fund its operations this fiscal
year.
S&P said, "Although we expect RSA will maintain full access to its
RCF until maturity, we believe it might be challenging for it to
secure a maturity extension at a manageable interest rate margin,
given its cash burn, high leverage, and limited deleveraging
prospects.
"We expect RSA will draw on its RCF in fiscal year 2026 to cover
its high cash interest expense. The company has generated negative
annual FOCF since fiscal year 2022, when it increased its debt
balance as part of its recapitalization transaction. This reflects
its continued elevated cash interest burden despite its debt
reduction, using proceeds from the sale of its Archer business
unit, in fiscal year 2024. Although we assume RSA's cash interest
expense will decrease by about $20 million this fiscal year, we
still expect it to generate negative reported FOCF of $50
million-$60 million this fiscal year. Given the company's $25.6
million cash balance as of May 2, 2025, we expect it will rely on
its currently undrawn RCF during the fiscal year to fund its
operations. We especially note the seasonality of RSA's net working
capital flows, which are typically outflows in the first nine
months of the fiscal year. At the same time, we expect the company
will retain full access to its RCF without breaching its financial
covenant until the facility matures in April 2026.
"RSA's near-term revenue growth prospects remain uncertain, and we
anticipate its leverage will likely increase following its sale of
NetWitness. The company received relatively modest proceeds from
its sale of NetWitness in March, which it retained on its balance
sheet to fund its operations. Therefore, we expect RSA's S&P Global
Ratings-adjusted leverage will increase to about 14.0x, from about
11.6x in fiscal year 2025, due to its slightly lower EBITDA base.
We also expect the cost savings from management's prior
restructuring actions will be largely offset by its product
investments in fiscal year 2026. While the absence of the declining
NetWitness business provides some stability to the company's
revenue trajectory, we believe its ability to achieve sustained
revenue growth remains uncertain over the near term. We expect RSA
will experience a slight pro forma revenue decline in fiscal year
2026 due to its continued customer conversions to
software-as-a-service (SaaS) subscriptions, as well as its lower
sales capacity in the first half due to the go-to-market
transformation in its SecurID business in fiscal year 2025. In
addition to the company's ongoing cash burn, we believe its weak
credit metrics could challenge its ability to secure future debt
refinancings or extensions at manageable interest rate margins.
"The negative outlook reflects our view that RSA will continue to
burn cash over the next 12 months due to its high cash interest
burden and limited revenue growth. This will likely lead the
company to rely on its RCF, which matures in April 2026. In
addition, we believe it might be difficult for RSA to extend the
RCF at a manageable interest rate margin due to its very high
leverage.
"We could lower our ratings on RSA if its continued cash burn and
elevated leverage lead us to believe it will face an almost certain
risk of a liquidity event. We could also downgrade the company if
it decides to undertake a debt exchange offer or other transaction
that we would view as offering its lenders less than they were
original promised."
S&P could upgrade RSA if it believes the risk of a liquidity event
over the next 12 months has considerably declined. This could occur
if:
-- The company significantly extends its RCF maturity without
undertaking an amendment or exchange that S&P views as offering its
lenders less than they were originally promised;
-- It improves its liquidity position such that S&P believes it
can absorb its ongoing negative FOCF without having to rely on its
RCF maturing April 2026. This could stem from an equity capital
infusion by its financial sponsors or an asset sale; or
-- The company significantly reduces its cash burn after servicing
its debt on a sustained basis. This could reflect a
better-than-expected operating performance and a lower cash
interest burden due to decreasing base interest rates or debt
reductions.
RETILE LLC: Seeks Chapter 11 Bankruptcy in Delaware
---------------------------------------------------
On July 8, 2025, Retile LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the District of Delaware. According to
court filing, the Debtor reports up to $50,000 in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Retile LLC
Retile LLC is a specialty tile and stone importer and retailer that
sources and distributes ceramic tiles, natural stone products, and
related materials from international suppliers.
Retile LLCsought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-11299) on July 8, 2025. In its
petition, the Debtor reports estimated assets and liabilities up
to $50,000 each .
The Debtors are represented by Matthew B. Harvey, Esq. at Morris
Nichols Arsht & Tunnell, LLP.
RIVER FALL: Seeks to Hire OPAC Group as Broker
----------------------------------------------
River Fall 529 LLC seeks approval from the U.S. Bankruptcy Court
for the District of Massachusetts to employ OPAC Group as broker.
The firm will provide real estate services in relation to the
Debtor's real property located at 529 Eastern Avenue in Fall River
Massachusetts, including these services:
a. expose the Property for sale, refinancing, or investment;
b. cooperate with prospective buyers and buyers' agents on
behalf of the Debtor;
c. conduct private showings of the Property;
d. solicit offers to refinance the Stage Point Loan;
e. solicit offers to invest in the Property and/or the Debtor;
f. solicit offers for the purchase of the Property.
The firm will be paid at these rates:
a. Upon the closing of a sale of the Property to a buyer, the
Debtor shall pay to the Broker a commission equal to four percent
(4.0%) of the purchase price of the Property. The Sale Commission
shall be increased to an amount equal to five percent (5%) of the
purchase price of the Property if the purchase price is paid in
cash at the closing of the Sale. The Sale Commission shall
constitute Broker's full compensation for services rendered in
connection with a Sale and such Commission to be split between
Broker and any broker of buyer as separately agreed.
b. Upon the closing of a refinancing of the Loan or other
investment in the Property or the Debtor, the Debtor shall pay to
the Broker a commission equal to two percent (2.0%) of the purchase
price of the Property. No such commission shall be due from the
Debtor, if Broker receives a fee from the lender or investor in the
refinancing or if the lender or investor is a partner of Debtor or
one of the Debtor's affiliates.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Judy Cazeau
OPAC Group
160 Alewife Brook Pkwy Suite #1269
Cambridge, MA 02138
Tel: (617) 669-2073
Email: judy@theopacgroup.com
About River Fall 529 LLC
River Fall 529 LLC is a single-purpose real-estate company that
owns the 529 Eastern Avenue property in Fall River, Massachusetts.
River Fall 529 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-10810) on April 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Christopher M. Condon, Esq. at
BOWDITCH & DEWEY LLP.
ROGUE SMOOTHIES: Gets OK to Use $79K in Cash Collateral
-------------------------------------------------------
The U.S. Bankruptcy Court for the District of Oregon issued an
interim order authorizing Rogue Smoothies, Inc. to use up to
$79,066 in cash collateral from June 25 through July 31 to fund
necessary operating expenses.
The Debtor identifies United Community Bank as a secured creditor
via a 2022 blanket UCC-1 filing. No other lienholders are known.
The interim order granted United Community Bank replacement liens
on post-petition property with the same priority as pre-petition
liens.
A final hearing is set for July 29.
About Rogue Smoothies Inc.
Rogue Smoothies Inc., d/b/a Auntie Anne's and Jamba Juice, operates
franchise locations of Jamba and Auntie Anne's in Medford, Oregon.
The Company provides smoothies, juices, fruit bowls, and baked
pretzel products through its retail outlets.
Rogue Smoothies Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Or. Case No. 25-61778) on
June 25, 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 Thomas M. Renn handles the case.
The Debtors are represented by Keith Y Boyd, Esq. at KEITH Y. BOYD,
PC.
S&G HOSPITALITY: Seeks Cash Collateral Access Until Sept. 30
------------------------------------------------------------
S&G Hospitality, Inc. and affiliates ask the U.S. Bankruptcy Court
for the Southern District of Ohio, Eastern Division, for authority
to use cash collateral and provide adequate protection, through
September 30.
RSS COMM2015-PC1-OH BL, LLC holds liens on the Debtors' assets. The
Debtors operate hotels in Central Ohio under national franchise
brands, including the Quality Inn & Suites, Red Roof Inn Plus, and
Hampton Inn.
Since the bankruptcy filing on August 18, 2023, the Debtors have
received multiple court-approved extensions to use cash collateral
under negotiated agreements with RSS.
Previous stipulations extended use through July 31, 2025. However,
due to delays and disputes in the most recent
negotiations—especially concerning payments to other junior
creditors like the Small Business Administration (SBA) and Itria
Ventures—the Debtors now seek a longer-term resolution.
Under the Proposed Extension Order, RSS will continue to receive
monthly cash payments of $90,000 as adequate protection. However,
the Debtors propose to eliminate monthly cash payments to the SBA
and Itria, addressing RSS’s objection that junior creditors
should not be paid from its collateral. Nonetheless, SBA and Itria
will retain superpriority claims and replacement liens in case they
are later determined to have valid interests in the collateral.
The Debtors argue that their operations remain profitable and that
the proposed protections satisfy the standards under 11 U.S.C.
Sections 361 and 363. Additional adjustments in the proposed order
include the continued use of existing U.S. Bank accounts (rather
than switching to Wells Fargo, as originally planned) and the
creation of a segregated account for utility assurance deposits.
A copy of the motion is available at https://urlcurt.com/u?l=uqExd6
from PacerMonitor.com.
About S&G Hospitality Inc.
S&G Hospitality, Inc. operates in the traveler accommodation
industry.
S&G Hospitality filed Chapter 11 petition (Bankr. S.D. Ohio Case
No. 23-52859) on August 18, 2023, listing up to $10 million in
assets and up to $1 million in liabilities. Abijit Vasani,
president of S&G Hospitality, signed the petition.
Judge Mina Nami Khorrami oversees the case.
The Debtor is represented by David Alan Beck, Esq. at Carpenter
Lipps & Leland LLP.
RSS COMM2015-PC1 – OH BL, LLC, as lender, is represented by:
Tami Hart Kirby, Esq.
Porter Wright Morris & Arthur LLP
One South Main Street, Suite 1600
Dayton, OH 45402-2028
Telephone: (937) 449-6721
Facsimile: (937) 449-6820
Email: tkirby@porterwright.com
SAKS GLOBAL: S&P Cuts ICR to 'CC' on Proposed Debt Restructuring
----------------------------------------------------------------
S&P Global Ratings lowereditsr issuer credit rating on luxury
retailer Saks Global Enterprises LLC to 'CC' from 'CCC+' and
removed all its ratings on the company from CreditWatch, where S&P
placed them with negative implications on May 13, 2025.
At the same time, we lowered our issue-level-rating on the
company's notes to 'CC' from 'B'.
The negative outlook reflects that, upon the completion of the
transaction, we expect to lower our issuer credit rating and
issue-level ratings on Saks to 'SD' (selective default) or 'D'
(default).
Saks Global has announced a new $600 million financing package,
which includes a debt exchange and the re-tiering of its
outstanding senior secured notes.
S&P Global Ratings views the planned exchange of its notes at a
discount to par as tantamount to a default.
The downgrade reflects S&P's view that the proposed financing
transaction is tantamount to a default. On June 27, 2025, Saks
Global announced it had secured $600 million of committed financing
from a group of its existing bondholders. The transaction includes
a $400 million first-in, last out (FILO) asset-based credit
facility and additional commitments of $200 million subject to
certain conditions. In addition, $100 million of the new FILO
facility will comprise an exchange of its senior secured notes. The
noteholders will receive less value than they were initially
promised and will rank lower in terms of priority than the new
money notes following the completion of the transaction.
A disruption in Saks' inventory flow has led to a pronounced
deterioration in its operating performance and liquidity
challenges. Overdue payments, borrowing base constraints, and
seasonal inventory building led to a decline in the availability
under the company's $1.8 billion asset-based lending (ABL) facility
to $415 million as of Feb. 1, 2025. In addition, Saks reported a
free operating cash flow (FOCF) deficit of $517 million in 2024.
S&P said, "We believe the company's market position will weaken as
competitors with greater financial capacity expand their business
operations. Management has focused on negotiating longer terms with
its main vendors and addressing overdue payments to improve its
working capital management. We forecast the company will report
negative FOCF over the next two years and continue to heavily rely
on its ABL facility." While Saks has real estate assets worth over
$4 billion on a net basis, it has been unable to monetize them in a
timely manner to meet its financial commitments.
S&P said, "The negative outlook reflects that, upon the completion
of the transaction, we expect to lower our issuer credit rating and
issue-level ratings on Saks to 'SD' or 'D'.
"We will lower our issuer credit rating and issue-level ratings on
Saks Global to 'SD' or 'D' if it completes the proposed
transaction, which includes the re-tiering of its capital structure
and a below-par exchange of its senior secured notes.
"We could raise our rating on Saks Global, likely to the 'CCC'
category, if it does not consummate the proposed transaction. Under
this scenario, our rating would reflect the potential for other
restructuring initiatives to address its constrained liquidity."
SCANROCK OIL: Ch. 11 Plan Disclosure Delayed Over Improper Notice
-----------------------------------------------------------------
Emlyn Cameron of Law360 Bankruptcy Authority reports that a Texas
bankruptcy judge agreed on Wednesday, July 9, 2025, to delay ruling
on the approval of Scanrock Oil & Gas' amended Chapter 11 plan
disclosure, after the company said the postponement would help
address concerns over the notice period.
About Scanrock Oil & Gas
Scanrock Oil & Gas Inc. operates an integrated oil and gas
exploration and production platform.
Scanrock Oil & Gas Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-90001) on Feb. 3,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $50
million and $100 million.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtor is represented by Thomas Daniel Berghman, Esq., at
Munsch Hardt Kopf & Harr PC.
On March 18, 2025, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee retained Porter Hedges LLP as
counsel and Riveron RTS LLC as financial advisor.
SCHULTE INC: Seeks Cash Collateral Access
-----------------------------------------
Schulte, Inc. asks the U.S. Bankruptcy Court for the District of
New Hampshire for authority to use up to $154,837 of cash
collateral during the period from August 1 to October 31, 2025 to
fund essential post-petition operations and make adequate
protection payments to secured creditors, all in accordance with a
court-approved budget.
The funds would be used for routine operating expenses, partial
payments to Debtor's legal counsel, taxes, and adequate protection
payments as required under previously approved court orders. Use of
the funds will be strictly limited to the budgeted items.
The Debtor projects it will begin the Use Term with $173,633 in
cash. Over the course of the period, it expects to receive $160,664
in additional inflows and incur $134,338 in outflows, resulting in
a net cash gain of $26,326 and an ending balance of $179,460.
Adequate protection will be maintained through monthly payments to
the U.S. Small Business Administration and other secured creditors.
The Debtor also maintains property and casualty insurance covering
all secured assets, naming lienholders as loss payees, and secured
creditors will receive replacement liens on post-petition
property.
Other creditors with valid, perfected security interests in
specific equipment, which include Caterpillar Financial Services
Corporation, First Citizens Bank & Trust., Mitsubishi HC Capital
America, Inc., Volvo Financial Services, and Wells Fargo.
A hearing on the matter is set for July 23.
A copy of the motion is available at https://urlcurt.com/u?l=rxc2bV
from PacerMonitor.com.
About Schulte Inc.
Schulte Inc., a company in Newton, N.H., filed its voluntary
Chapter 11 petition (Bankr. D.N.H. Case No. 24-10225) on April 8,
2024, with $1 million to $10 million in both assets and
liabilities.
Judge Bruce A. Harwood oversees the case.
The Debtor is represented by William S. Gannon, Esq. atWilliam S.
Gannon, PLLC.
SHILO INN IDAHO FALLS: Gets Extension to Access Cash Collateral
---------------------------------------------------------------
Shilo Inn, Idaho Falls, LLC received another extension from the
U.S. Bankruptcy Court for the Western District of Washington to use
cash collateral.
The court's 17th interim order authorized the Debtor to use cash
collateral to pay the expenses set forth in its budget for the
interim period until its interim order ceases to be in full force
and effect or until the occurrence of the so-called termination
event.
The Debtor must adhere to the budget, with limited flexibility for
minor variances (up to 10% per line item or 110% of total monthly
expenses).
RSS CGCMT 2017P7-ID SIIF, LLC, a secured creditor, will be granted
a first priority post-petition security interest in and lien on all
of the Debtor's assets to the same priority, validity and extent as
its pre-bankruptcy security interest and lien.
As additional protection, RSS will continue to receive a monthly
payment of $26,837.08.
The next hearing is scheduled for August 28.
A copy of the Debtor's budget is available at
https://shorturl.at/rLAJu from PacerMonitor.com.
About Shilo Inn, Idaho Falls
Shilo Inn, Idaho Falls, LLC filed Chapter 11 petition (Bankr. W.D.
Wash. Case No. 20-42489) on November 2, 2020. At the time of
filing, Shilo Inn, Idaho Falls disclosed up to $50 million in
assets and up to $10 million in liabilities.
Judge Brian D. Lynch oversees the case.
Levene, Neale, Bender, Yoo & Brill L.L.P. and Stoel Rives LLP serve
as counsel to Shilo Inn, Idaho Falls.
Shilo Inn, Idaho Falls' case is not jointly administered with those
of Shilo Inn, Ocean Shores, LLC, and Shilo Inn, Nampa Suites, LLC,
both of which sought Chapter 11 protection (Bankr. W.D. Wash. Lead
Case No. 20-42348) on October 15, 2020. Ocean Shores and Nampa
Suites' cases are jointly administered.
RSS CGCMT 2017P7-ID SIIF, LLC, as secured creditor, is represented
by:
James B. Zack, Esq.
Lane Powell PC
1420 Fifth Avenue, Suite 4200
Seattle, WA 98101
Telephone: (206) 223-7000
Facsimile: (206) 223-7107
ZackJ@lanepowell.com
Docketing@LanePowell.com
SOUTH BROADWAY: Trustee Files Liquidating Plan
----------------------------------------------
Allan B. Mendelsohn, the court-appointed operating trustee (the
"Trustee"), filed with the U.S. Bankruptcy Court for the Eastern
District of New York a Disclosure Statement describing Plan of
Liquidation for South Broadway Realty Enterprise, Inc. dated June
20, 2025.
The Debtor is a real estate investment company formed in or around
December of 2014 and its business involves the purchase, ownership
and management of commercial tenancies at the Real Property.
The Trustee's Plan is a liquidating plan with the centerpiece being
the sale of the Debtor's real property located in the County of
Nassau, State of New York, known by the street address of 640 654
South Broadway, Hicksville, New York 11801, and formally described
on the tax and land maps of the County of Nassau as Section 46,
Block 510, Lots 26C, 26D and 44 (the "Real Property").
To that end, the Trustee has negotiated a sale of the Real Property
and has filed an application with the Bankruptcy Court to authorize
a private sale to Avnish Kumar and Sandeep Bajaj, or their designee
to be named later, for the purchase price of $2,900,000.00.
The Real Property is encumbered by, among other liens, two
mortgages held by Dime Community Bank, successor by merger to the
Bridgehampton National Bank and Community National Bank and the SBA
loan. Dime has reached a consensual resolution with the Trustee
allowing for the sale of the Real Property from which it shall
receive an amount not less than $2,371,973.33.
The sale of the Real Property shall be pursuant to section 363 of
the Bankruptcy Code and shall be free and clear of all liens,
claims and encumbrances (the "Liens") with the Liens attaching to
the proceeds of the sale to the same manner, extent and priority
that the said Liens existed on the Petition Date. The sale is
subject to the existing tenancies.
Class 6 consists of the General Unsecured Claim of U.S. Small
Business Administration. The allowed unsecured claims total
$66,125.64. The Plan provides for the payment of the U.S. Small
Business Administration's claim (the "SBA"). On December 26, 2023,
the SBA filed Claim Number 1 on the Court's Claims Register in the
amount of $63,348.08. The Debtor was a guarantor under the SBA's
loan to P & F. While the SBA filed the claim as a "secured claim"
the SBA is perfected only in the personally held by the Debtor.
As the Debtor's sole asset is the Real Property, this claim shall
be treated as a general unsecured claim and shall only receive a
distribution accordingly. Class 6 is impaired and entitled to
vote.
The Plan provides that the pre-petition Equity Interests in the
Debtor shall be extinguished as the Debtor is being liquidated and
shall not exist upon confirmation. Equity Interests shall be deemed
to have rejected the Plan and are not entitled to vote.
The Plan shall be funded by a combination of: (i) the Sale
Proceeds; and (ii) the amounts currently held by the Trustee which
were turned over by the Debtor upon the appointment of the
Operating Trustee.
A full-text copy of the Disclosure Statement dated June 20, 2025 is
available at https://urlcurt.com/u?l=YtkYiB from PacerMonitor.com
at no charge.
Attorneys for the Operating Trustee:
The Kantrow Law Group, PLLC
Fred S. Kantrow, Esq.
732 Smithtown Bypass, Suite 101
Smithtown, New York 11787
Phone: 516 703 3672
Email: fkantrow@thekantrowlawgroup.com
About South Broadway Realty Enterprise Inc.
South Broadway owns a commercial building located at 640 South
Broadway Hicksville, New York 11801 valued at $2.5 million.
South Broadway Realty Enterprise, Inc. in Hicksville, NY, filed its
voluntary petition for Chapter 11 protection (Bankr. E.D.N.Y. Case
No. 23-74237) on November 13, 2023, listing $2,500,013 in assets
and $2,080,067 in liabilities. Francesco Guerrieri as president,
signed the petition.
Judge Alan S. Trust oversees the case.
The LAW OFFICES OF AVRUM J. ROSEN, PLLC serves as the Debtor's
legal counsel.
SUNNOVA ENERGY: Hires Alvarez & Marsal as Restructuring Advisor
---------------------------------------------------------------
Sunnova Energy International Inc. and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to employ Alvarez & Marsal North America LLC as restructuring
advisor.
The firm will provide Ryan Omohundro as chief restructuring officer
(CRO) and certain additional personnel to the Debtors.
The CRO and additional personnel will render these services:
(a) assist in assessing and supporting the Debtors' treasury
team in support of their near-term cash management efforts;
(b) assist the Debtors related to the due diligence effort
inherent to the liability management and restructuring process;
(c) assist the Debtors and their advisors in contingency
planning efforts as part of their overall liability management and
restructuring mandate;
(d) assist Debtors in the preparation of financial-related
disclosures required by the court;
(e) assist the Debtors with information and analyses required
pursuant to the Debtors' debtor-in-possession ("DIP") financing;
(f) assist related to implementation of potential asset
sales;
(g) assist in connection with the development and
implementation of key employee compensation and other critical
employee benefit programs;
(h) assist the Debtors with vendor management and negotiation
of payment terms;
(i) assist the Debtors' management team and counsel focused on
the coordination of resources related to the ongoing reorganization
effort;
(j) assist the preparation of financial information for
distribution to creditors and others;
(k) attend at meetings and assistance in discussions with
potential investors, banks, and other lenders, any official
committee(s) appointed in these Chapter 11 cases, the United States
Trustee, other parties in interest and professionals hired by same,
as requested;
(l) analyze creditor claims by type, entity, and individual
claim, including assistance with development of databases, as
necessary, to track such claims;
(m) assist in the preparation of information and analysis
necessary for the confirmation of a plan of reorganization in these
Chapter 11 cases;
(n) assist in the evaluation and analysis of avoidance
actions;
(o) assist in the analysis/preparation of information
necessary to assess the tax attributes related to the confirmation
of a plan of reorganization in these Chapter 11 cases;
(p) litigate advisory services with respect to accounting and
tax matters, along with expert witness testimony on case related
issues as required by the Debtors;
(q) report to the Board;
(r) perform such other services as requested or directed by
the Board or other Debtors' personnel as authorized by the Board,
and agreed to by the firm that is not duplicative of work others
are performing for them.
The firm will be paid at these hourly rates:
Managing Director (including the CRO) $1,100 - $1,575
Director $850 - $1,100
Associates $625 - $825
Analysts $450 - $600
In addition, the firm will seek reimbursement for expenses
incurred.
The firm will be entitled to incentive compensation in the amount
of $4,000,000.
The firm received a retainer in the total amount of $500,000 from
the Debtors.
Mr. Omohundro 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:
Ryan Omohundro
Alvarez & Marsal North America, LLC
600 Madison Avenue, 8th Floor
New York, NY 10022
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on
June 8, 2025. In its petition, Sunnova Energy reports estimated
assets and liabilities between $10 billion and $50 billion each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Bracewell, LLP, Kirkland & Ellis LLP and
Kirkland & Ellis International LLP as counsel; Kobre & Kim LLP as
special counsel; Alvarez & Marsal North America LLC as
restructuring advisor; and Province LLC as financial advisor.
SUNNOVA ENERGY: Hires Moelis & Company LLC as Investment Banker
---------------------------------------------------------------
Sunnova Energy International Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Moelis & Company LLC as investment banker.
The firm will provide these services:
a. assist the Company in conducting a business and financial
analysis of the Company;
b. assist the Company in identifying and evaluating potential
counterparties for a Sale Transaction (each, a "Counterparty");
c. assist the Company in identifying and contacting
prospective purchasers of the Capital Transaction (each, a
"Purchaser");
d. assist the Company in preparing a marketing plan and
information materials describing the Company (the "Information
Presentation"), which Moelis may distribute to potential
Counterparties and/or Purchasers on a confidential basis;
e. assist the Company in contacting potential Counterparties,
arranging meetings with such Counterparties and coordinating the
due diligence investigation of the Company by such Counterparties,
in each case as appropriate and acceptable to the Company;
f. assist the Company in reviewing and analyzing any
potential Restructuring, Sale Transaction, or Capital Transaction;
g. assist the Company in structuring and negotiating any
Restructuring or Sale Transactions;
h. assist the Company with respect to the strategy and
tactics of negotiations with such prospective Purchasers and
participate in such negotiations;
i. provide guidance to the Company around the timing,
structure and pricing of the Capital Transaction;
j. meet with the Company and its Board of Directors to
discuss the proposed Transaction and its financial implications;
and
k. provide such other financial advisory and investment
banking services in connection with a Restructuring, Sale
Transaction or Capital Transaction as Moelis and the Company may
mutually agree upon in writing.
The firm will be paid at these rates:
i. Monthly Fee. During the term of the Engagement Letter, a fee
of $250,000 per month (the "Monthly Fee"), payable in advance of
each month. The Debtors paid the first Monthly Fee immediately upon
execution of the Engagement Letter, and all subsequent Monthly Fees
are payable prior to each monthly anniversary of the Effective Date
of the Engagement Letter. 50% of the Monthly Fees for the fourth
month through the ninth month following the Effective Date shall
be offset, to the extent previously paid,
against any Transaction Fee (as defined below).
ii. Restructuring Fees.
a. At the closing of an out-of-court Restructuring, a fee (the
"Out-of-Court Restructuring Fee"), equal to the sum of (1) 0.68% of
the aggregate gross amount or face value of debt liabilities
restructured up to and including $500,000,000, plus (2) 0.44% of
the aggregate gross amount or face value of debt liabilities
restructured in excess of $500,000,000 up to and including
$1,500,000,000; plus (3) 0.27% of the aggregate gross amount or
face value of debt liabilities restructured in excess of
$1,500,000,000. The Debtors will pay a separate Out-of-Court
Restructuring Fee in respect of each Restructuring in the event
that more than one Restructuring occurs. The Out-of-Court
Restructuring Fee will be aggregated based upon the total gross
amount or face value of debt liabilities restructured on an
out-of-court basis, and the minimum aggregate Out-of-Court
Restructuring Fee payable to Moelis will be $4,000,000, payable at
the closing of the first such Out-of-Court
Restructuring.
b. At the closing of a Restructuring in connection with a
Bankruptcy Case, a fee of $14,500,000 (the "In-Court Restructuring
Fee"). If an In-Court Restructuring commences within 6 months of
the closing of the last Out of-Court Restructuring for which Moelis
is paid an Out-of-Court Restructuring Fee, Moelis shall credit 50%
of any aggregate Out-of Court Restructuring Fee(s) paid to Moelis
against the In-Court Restructuring Fee earned and payable to Moelis
in connection with such In-Court Restructuring, provided, however,
such credit shall not reduce the In-Court Restructuring Fee to less
than $10,000,000.
iii. Company Sale Transaction Fee.
a. At the closing of a Company Sale Transaction, a fee (the
"Company Sale Transaction Fee") equal to the greater of (A)
$14,500,000 and (B) 2.0% of the Transaction Value. In the event of
a Transaction in which both an In-Court Restructuring Fee and a
Company Sale Transaction Fee become payable, the applicable
Transaction Fee shall be the greater of such In-Court Restructuring
Fee and such Company Sale Transaction Fee (and, for the avoidance
of doubt, not both).
iv. Discrete Asset Sale Transaction Fee.
a. At the closing of a Discrete Asset Sale Transaction, a fee
(the "Discrete Asset Sale Transaction Fee"), equal to:
i. in the event of a Discrete Asset Sale Transaction in
which the Transaction Value is greater than $50,000,000, an amount
equal to the sum of (1) $2,000,000, plus (2) 3.5% for the portion
of Transaction Value in excess of $50,000,000 up to and including
$100,000,000; plus (3) 2.5% for the portion of the Transaction
Value in excess of $100,000,000; and
ii. in the event of a Discrete Asset Sale Transaction in
which the Transaction Value is less than or equal to $50,000,000,
an amount equal to 4.0% of the Transaction Value.
b. The Company will pay a separate Discrete Asset Sale
Transaction Fee in the event that more than one Discrete Asset Sale
Transaction occurs.
In the event that one or more Discrete Asset Sale Transaction
occurs followed by an In-Court Restructuring, Moelis shall earn and
be paid both the Discrete Asset Sale Transaction Fee(s) and the
In-Court Restructuring Fee, provided however, that 50% of the
lesser of (a) the aggregate Discrete Asset Sale Transaction Fees
and (b) the In-Court Restructuring Fees earned by Moelis, shall be
credited against the greater of these two Transaction Fees.
v. Capital Transaction Fees.
a. At the closing of an out-of-court Capital Transaction, a fee
(the "Out-of-Court Capital Transaction Fee") equal to an amount
determined in accordance with the following:
i. 2.70% of the aggregate gross amount or face value of
capital Raised as equity, equity-linked interests (including
convertible debt), options, warrants or other rights to acquire
equity interests (including rights offerings); plus
ii. 1.69% of the aggregate gross amount of unsecured debt
obligations Raised; plus
iii. 0.84% of the aggregate gross amount of secured debt
obligations Raised.
The minimum aggregate Out-of-Court Transaction Fee payable to
Moelis will be $1,687,500, payable at the closing of the first such
Out-of-Court Capital Transaction, and shall include in its
calculation any Capital Transaction Fee paid to Moelis pursuant to
its prior engagement letter dated May 6, 2024.
b. At the closing of a Capital Transaction in connection with a
Bankruptcy Case, a fee (the "In-Court Capital Transaction Fee"),
equal to an amount determined in accordance with the following:
i. 4.00% of the aggregate gross amount or face value of
capital Raised as equity, equity-linked interests (including
convertible debt), options, warrants or other rights to acquire
equity interests (including rights offerings); plus
ii. 2.50% of the aggregate gross amount of unsecured debt
obligations Raised; plus
iii. 1.25% of the aggregate gross amount of secured debt
obligations Raised (including debtor-in-possession financing).
c. The Company will pay a separate Out-of-Court Capital
Transaction Fee or In-Court Capital Transaction Fee in respect of
each Out-of-Court Capital Transaction or In-Court Capital
Transaction, as applicable, in the event that more than one of such
transactions occurs; provided however, in the event that one or
more Out-of-Court Capital Transactions occur for which Moelis has
been paid, and such capital Raised in connection with such
Out-of-Court Capital Transaction(s) is then subsequently rolled
into an In-Court Capital Transaction provided by the same lenders
(the "Rolled Debt"), Moelis shall not earn an In Court Capital
Transaction Fee on such Rolled Debt portion of the capital Raised
in the In-Court Capital Transaction.
d. Any Capital Transaction Fee shall be payable upon the closing
of such Capital Transaction; provided that in the event of a DIP
Financing (whether on a standalone basis or convertible into an
exit facility), the Capital Transaction Fee in connection with such
DIP Financing shall be earned upon the earlier of (a) the execution
of a commitment letter or other document committing the lenders to
providing such DIP Financing or (b) the closing of such DIP
Financing (regardless of draw or funding schedule) and, in either
case, payable in full upon the closing of such DIP Financing, and
in each case subject to the immediately preceding paragraph.
The firm paid an advance retainer in the amount of $25,000.
Mr. Latif 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:
Bassam J. Latif
Moelis & Company LLC
Two Allen Center, 1200 Smith Street, Suite 1900
Houston, TX 77002
Tel: (713) 343-6422
Email: bassam.latif@moelis.com
About Sunnova Energy International Inc.
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on June 8,
2025. In its petition, the Debto reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by Jason Gary Cohen, Esq. at Bracewell,
LLP.
SUNNOVA ENERGY: Receives $7MM Offer for Service Division
--------------------------------------------------------
Randi Love of Bloomberg Law reports that bankrupt solar panel
installer Sunnova Energy International Inc. has secured a $7
million lead bid from Omnidian Inc. for its management and
servicing division.
The stalking horse offer from Omnidian -- known for providing solar
performance guarantees -- covers intellectual property, physical
assets, inventory, and supplies tied to the business unit,
according to a Tuesday, July 8, 2025, filing in the U.S. Bankruptcy
Court for the Southern District of Texas.
This bid is separate from another stalking horse offer comprising a
$90 million credit bid tied to Sunnova's bankruptcy financing and
an additional $10 million in cash for the company's equity and
remaining assets, the report states.
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on June 8,
2025. In its petition, the Debto reports estimated assets and
liabilities between $10 billion and $50 billion each.
The Debtor is represented by Jason Gary Cohen, Esq. at Bracewell,
LLP.
SUNNOVA ENERGY: Seeks Approval to Tap Province as Financial Advisor
-------------------------------------------------------------------
Sunnova Energy International Inc. and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to employ Province LLC as financial advisor to the special
committee of Sunnova Energy's board of directors.
The firm will render these services:
(a) become familiar with and analyze the Debtors' assets and
liabilities, and overall financial condition and liquidity during
the case;
(b) review financial and operational information furnished by
the Debtors;
(c) review other operational data and agreements related to
the interaction of the Debtors with related parties or in
connection with a transaction;
(d) analyze the Debtors' proposed business plans;
(e) prepare or review, as applicable, avoidance action and
claim analyses;
(f) advise the special committee in negotiations with the case
constituents and third parties as necessary;
(g) if necessary, participate as a witness in hearings before
the Bankruptcy Court with respect to matters upon which Province
has provided advice; and
(h) other activities as directed by the special committee and
as agreed to by Province.
The firm will be paid at these hourly rates:
Managing Directors and Partners $850 -
$1,450
Vice Presidents, Directors, and Senior Directors $700 -
$1,050
Analysts, Associates, and Senior Associates $350 - $825
Other/Para-professional $270 - $450
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $300,000 from the Debtors.
Daniel Moses, a partner at Province, disclosed in a court filing
that the firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Daniel Moses
Province, LLC
2360 Corporate Cir., Ste. 340
Henderson, NV 89074
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on
June 8, 2025. In its petition, Sunnova Energy reports estimated
assets and liabilities between $10 billion and $50 billion each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Bracewell, LLP, Kirkland & Ellis LLP and
Kirkland & Ellis International LLP as counsel; Kobre & Kim LLP as
special counsel; Alvarez & Marsal North America LLC as
restructuring advisor; and Province LLC as financial advisor.
SUNNOVA ENERGY: Seeks to Hire Kirkland & Ellis as Legal Counsel
---------------------------------------------------------------
Sunnova Energy International Inc. and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to employ Kirkland & Ellis LLP and Kirkland & Ellis International
LLP as counsel.
The firm will provide these services:
(a) advise the Debtors with respect to their powers and duties
in the continued management and operation of their businesses and
properties;
(b) advise and consult on the conduct of these Chapter 11
cases;
(c) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(d) take all necessary actions to protect and preserve the
Debtors' estates;
(e) prepare pleadings in connection with these Chapter 11
cases;
(f) represent the Debtors in connection with obtaining
authority to continue using cash collateral and postpetition
financing;
(g) advise the Debtors in connection with any potential sale
of assets;
(h) appear before the court and any appellate courts to
represent the interests of the Debtors' estates;
(i) advise the Debtors regarding tax matters;
(j) take any necessary action on behalf of the Debtors to
negotiate, prepare, and obtain approval of a disclosure statement
and confirmation of a Chapter 11 plan and all documents related
thereto; and
(k) perform all other necessary legal services for the Debtors
in connection with the prosecution of these Chapter 11 cases.
The firm will be paid at these hourly rates:
Partners $1,295 - $2,675
Of Counsel $875 - $2,245
Associates $785 - $1,625
Paraprofessionals $355 - $705
The firm received a retainer of $1,000,000 from the Debtor.
Anup Sathy, Esq., a partner at Kirkland & Ellis, also provided the
following in response to the request for additional information set
forth in Section D of the Revised U.S. Trustee Guidelines:
Question: Did Kirkland agree to any variations from, or
alternatives to, your standard or customary billing arrangements
for this engagement?
Answer: No. Kirkland and the Debtors have not agreed to any
variations from, or alternatives to, Kirkland's standard billing
arrangements for this engagement. The rate structure provided by
Kirkland is appropriate and is not significantly different from (a)
the rates that Kirkland charges for other non-bankruptcy
representations or (b) the rates of other comparably skilled
professionals.
Question: Do any of Kirkland's professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No. The hourly rates used by Kirkland in representing
the Debtors are consistent with the rates that Bracewell charges
other comparable Chapter 11 clients, regardless of the location of
the Chapter 11 case.
Question: If Kirkland represented the client in the 12 months
prepetition, disclose Kirkland's billing rates and material
financial terms for the prepetition engagement, including any
adjustments during the 12 months prepetition. If its billing rates
and material financial terms have changed postpetition, explain the
difference and reasons for the difference.
Answer: Kirkland's current hourly rates for services rendered
on behalf of the Debtors range as follows:
Billing Category U.S. Range
Partners $1,295 - $2,675
Of Counsel $875 - $2,245
Associates $785 - $1,625
Paraprofessionals $355 - $705
Kirkland represented the Debtors during the eight-month period or
from April 15, 2024, to December 31, 2024 before the Petition Date,
using the hourly rates listed below:
Billing Category U.S. Range
Partners $1,195 - $2,465
Of Counsel $820 - $2,245
Associates $745 - $1,495
Paraprofessionals $325 - $625
Question: Have the Debtors approved Kirkland's prospective
budget and staffing plan, and, if so, for what budget period?
Answer: Yes, more specifically, pursuant to the Interim DIP
Order, professionals proposed to be retained by the Debtors are
required to provide weekly estimates of fees and expenses incurred
in these Chapter 11 cases.
Mr. Sathy 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:
Anup Sathy, Esq.
Kirkland & Ellis LLP
Kirkland & Ellis International LLP
333 West Wolf Point Plaza
Chicago, IL 60654
Telephone: (312) 862-2000
Facsimile: (312) 862-2200
Email: anup.sathy@kirkland.com
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on
June 8, 2025. In its petition, Sunnova Energy reports estimated
assets and liabilities between $10 billion and $50 billion each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Bracewell, LLP, Kirkland & Ellis LLP and
Kirkland & Ellis International LLP as counsel; Kobre & Kim LLP as
special counsel; Alvarez & Marsal North America LLC as
restructuring advisor; and Province LLC as financial advisor.
SUNNOVA ENERGY: Seeks to Hire Kobre & Kim as Special Counsel
------------------------------------------------------------
Sunnova Energy International Inc. and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to employ Kobre & Kim LLP as special counsel to the special
committee of Sunnova Energy's board of directors.
The firm will investigate on its behalf into certain prior
transactions and other matters involving the Debtors.
The firm will be paid at these hourly rates:
Founding Partner $2,750
Senior Parter $2,250
Partner/Senior Counsel $1,975
Special Counsel $1,500
Counsel/Principal $1,450
Associate/Attorney $1,200
Specialist $875
Analyst $585
Litigation Assistant $450
In addition, the firm will seek reimbursement for expenses
incurred.
Daniel Saval, a partner at Kobre & Kim, disclosed in a court filing
that the firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Daniel J. Saval, Esq.
Kobre & Kim LLP
800 3rd Ave., Ste. 6
New York, NY 10022
Telephone: (212) 488-1200
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on
June 8, 2025. In its petition, Sunnova Energy reports estimated
assets and liabilities between $10 billion and $50 billion each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Bracewell, LLP, Kirkland & Ellis LLP and
Kirkland & Ellis International LLP as counsel; Kobre & Kim LLP as
special counsel; Alvarez & Marsal North America LLC as
restructuring advisor; and Province LLC as financial advisor.
SUNNOVA ENERGY: Taps Bracewell as Co-Counsel and Conflicts Counsel
------------------------------------------------------------------
Sunnova Energy International Inc. and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to employ Bracewell LLP as co-counsel and conflicts counsel.
The firm will render these services:
(a) provide legal advice and services regarding local rules,
practices, and procedures;
(b) provide certain services in connection with administration
of these Chapter 11 cases;
(c) review and comment on proposed drafts of pleadings to be
filed with the court;
(d) provide legal advice with respect to the Debtors' rights
and duties and continued business operations;
(e) assist, advise and represent the Debtors in any cash
collateral and/or postpetition financing transactions;
(f) assist, advise, and represent the Debtors in any manner
relevant to preserving and protecting its estates;
(g) prepare on behalf of the Debtors all necessary legal
papers;
(h) appear in Court to protect the Debtors' interests before
the Court;
(i) at the request of the Debtors, appear at any meeting with
the U.S. Trustee and any meeting of creditors at any given time on
behalf of the Debtors as their bankruptcy co-counsel; and
(j) provide other legal advice and services, as requested by
the Debtors, from time to time.
The firm's counsel and staff will be paid at these hourly rates:
Partners $950 - $1,875
Associates, Counsel and Senior Counsel $750 - $1,275
Paraprofessionals $350 - $500
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $223,635 from the Debtor.
Jason Cohen, Esq., a partner at Bracewell, also provided the
following in response to the request for additional information set
forth in Section D of the Revised U.S. Trustee Guidelines:
Question: Did Bracewell agree to any variations from, or
alternatives to, your standard or customary billing arrangements
for this engagement?
Answer: No. Bracewell and the Debtors have not agreed to any
variations from, or alternatives to, Bracewell's standard billing
arrangements for this engagement. The rate structure provided by
Bracewell is appropriate and is not significantly different from
(a) the rates that Bracewell charges for other non-bankruptcy
representations or (b) the rates of other comparably skilled
professionals.
Question: Do any of Bracewell's professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No. The hourly rates used by Bracewell in representing
the Debtors are consistent with the rates that Bracewell charges
other comparable Chapter 11 clients, regardless of the location of
the Chapter 11 case.
Question: If Bracewell represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed postpetition, explain the
difference and reasons for the difference.
Answer: Bracewell's hourly rates in connection with
representation of the Debtors from November 1, 2024, to the
petition date are as follows:
Timekeeper Category Range of Rates ($/hr)
Partners $950 - $1,875
Associates, Counsel
and Senior Counsel $750 - $1,275
Paraprofessionals $350 - $500
Question: Have the Debtors approved Bracewell's prospective
budget and staffing plan, and, if so, for what budget period?
Answer: Bracewell has not been required to submit a budget and
staffing plan as of this date.
Mr. Cohen 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:
Jason G. Cohen, Esq.
Bracewell LLP
711 Louisiana Street, Suite 2300
Houston, TX 77002
Telephone: (713) 223-2300
Facsimile: (800) 404-3970
Email: jason.cohen@bracewell.com
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Sunnova Energy and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90160) on
June 8, 2025. In its petition, Sunnova Energy reports estimated
assets and liabilities between $10 billion and $50 billion each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Bracewell, LLP, Kirkland & Ellis LLP and
Kirkland & Ellis International LLP as counsel; Kobre & Kim LLP as
special counsel; Alvarez & Marsal North America LLC as
restructuring advisor; and Province LLC as financial advisor.
SURVWEST LLC: Gets Final OK to Use Cash Collateral Until Oct. 5
---------------------------------------------------------------
Ken Yager, the Chapter 11 trustee for SurvWest LLC, received final
approval from the U.S. Bankruptcy Court for the District of
Colorado to use cash collateral.
The final order authorized the trustee to utilize cash collateral
through October 5 in accordance with his agreement with TBK Bank
and the U.S. Small Business Administration.
To protect the lenders' interests, SurvWest was ordered to make
monthly payments to the lenders in accordance with its budget, with
a 10% variance.
The lenders were also granted security interests in SurvWest's
deposit accounts in the same order of priority as the lenders'
security interests as of the petition date, and in all property
which SurvWest or its estate had as of, or may acquire after, the
petition date.
To the extent this protection is insufficient to compensate for any
diminution in the value of their interests in the cash collateral,
the lenders will be entitled to superpriority administrative
expense claims.
About SurvWest LLC
SurvWest LLC, formerly known as SurvTech Solutions LLC, is a
diversified engineering firm specializing in surveying and mapping;
subsurface utility engineering (SUE); and utility coordination for
clients across the United States.
SurvWest filed Chapter 11 petition (Bankr. D. Colo. Case No.
24-15214) on September 6, 2024, with total assets of $7,301,456 and
total liabilities of $9,447,402. Mathew Barr, president, signed the
petition.
Judge Thomas B. Mcnamara handles the case.
David Wadsworth, Esq., at Wadsworth Garber Warner Conrardy, P.C. is
the Debtor's legal counsel.
TBK Bank is represented by:
Duncan E. Barber, Esq.
Otteson Shapiro, LLP
7979 E. Tufts Avenue, Suite 1600
Denver, CO 80237
Tel: (720) 488-0220
Fax: (720) 488-7711
dbarber@os.law
SWEET TRUCKING: Court OKs Final Use of Cash Collateral
------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Tennessee
issued a final agreed order authorizing Sweet Trucking Co., LLC to
use its cash collateral with consent from secured creditor JB&B
Capital, LLC.
The Debtor may use monthly revenues for operating expenses, vehicle
maintenance, and business reorganization as per the approved
budget. Expenditures may not exceed 10% over budgeted amounts
without a court order.
The Debtor was ordered to escrow the payment of $8,444.48 to
so-called MCA lenders in the IOLTA account of its legal counsel
pending determination of their positions as lenders or owners of
the Debtor's receivables or until further order of the court.
As adequate protection, the Debtor must pay $29,749.97 monthly to
secured creditors starting this month.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/WntBY from PacerMonitor.com.
About Sweet Trucking Co. LLC
Sweet Trucking Co., LLC is a family-owned transportation company
based in Knoxville, Tennessee, specializing in hauling heavy
equipment locally and across state lines. The Company operates a
fleet of trucks, tractors, and trailers and employs a team of
drivers to manage logistics and transport. It provides various
trailer types, including flatbeds, lowbeds, and gooseneck trailers,
serving construction and industrial clients.
Sweet Trucking Co. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bank. E.D. Tenn. Case No. 25-30765) on April 21,
2025, listing $1,293,647 in assets and $1,471,498 in liabilities.
Gary Wayne Sweet, Jr., managing member of Sweet Trucking Co.,
signed the petition.
Judge Suzanne H. Bauknight oversees the case.
Keith Edmiston, Esq., at Clark & Washington, PC represents the
Debtor as legal counsel.
SYNERGY MEDICAL: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Synergy Medical Services LLC received interim approval from the
U.S. Bankruptcy Court for the Northern District of Florida to use
cash collateral and provide adequate protection.
The Debtor, a home healthcare provider operating in Florida's
panhandle, has several creditors who may claim an interest in the
cash collateral, including the U.S. Small Business Administration,
CFG Merchant Solutions, LLC, Fox Funding Group, LLC, and Funding
Metrics, LLC, based on security agreements and UCC-1 filings in
Florida.
As of the filing date, the Debtor’s assets total approximately
$160,000, which includes cash in its checking account, funds held
by CareCentrix, limited personal property, and one parcel of real
estate. The SBA is believed to hold first lien position on the cash
collateral.
To continue operations and avoid irreparable harm, the Debtor needs
to use the cash collateral in accordance with its budget and agreed
to make monthly adequate protection payments of $3,000 to the SBA
beginning August 1. The Debtor also agrees to provide post-petition
replacement liens to any secured creditors and comply with typical
cash collateral controls.
The Debtor asserts that without use of the cash collateral, it will
be unable to continue operations, harming its going-concern value
and the interests of all creditors.
About Synergy Medical Services LLC
Synergy Medical Services LLC provides home healthcare services
across Florida. The Company offers skilled nursing, specialized
nursing services, physical therapy, and home health aides. Its team
of registered nurses and therapists delivers in-home care focused
on professional, round-the-clock support.
Synergy Medical Services LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No.
25-30599) on June 27, 2025. In its petition, the Debtor reports
estimated assets between $100,000 and $500,000 and estimated
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Karen K. Speci handles the case.
The Debtors are represented by Byron W. Wright III, Esq. at BRUNER
WRIGHT, P.A.
SYNERGY MEDICAL: Seeks to Tap Bruner Wright as Bankruptcy Counsel
-----------------------------------------------------------------
Synergy Medical Services, LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Florida to employ
Bruner Wright, PA to handle its Chapter 11 case.
The firm will be paid at these hourly rates:
Robert Bruner, Attorney $450
Byron Wright III, Attorney $400
Samantha Kelley, Attorney $375
Paralegal $175
The firm received a retainer of $12,000 from the Debtor's
authorized member, James Young.
Mr. Bruner disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Robert C. Bruner, Esq.
Bruner Wright, PA
2868 Remington Green Circle, Suite B
Tallahassee, FL 32308
Telephone: (850) 385-0342
Facsimile: (850) 270-2441
Email: rbruner@brunerwright.com
About Synergy Medical Services
Synergy Medical Services LLC provides home healthcare services
across Florida. The Company offers skilled nursing, specialized
nursing services, physical therapy, and home health aides. Its team
of registered nurses and therapists delivers in-home care focused
on professional, round-the-clock support.
Synergy Medical Services LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No.
25-30599) on June 27, 2025. In its petition, the Debtor reports
estimated assets between $100,000 and $500,000 and estimated
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Karen K. Speci handles the case.
The Debtor is represented by Byron W. Wright III, Esq., at Bruner
Wright, PA.
TAC & J: Seeks Chapter 11 Bankruptcy in Texas
---------------------------------------------
On July 9, 2025, TAC & J Holding LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Northern District of Texas.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About TAC & J Holding LLC
TAC & J Holding LLC is a Texas-based holding company.
TAC & J Holding LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Case No. 25-32570) on July 9, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtors are represented by Joyce W. Lindauer Attorney, PLLC
TARAH THAI: Seeks to Use Cash Collateral
----------------------------------------
Tarah Thai, LLC asks the U.S. Bankruptcy Court for the Northern
District of California, San Jose Division, for authority to use
cash collateral and provide adequate protection.
The Debtor—a well-known Thai restaurant in San Jose, CA—filed
for bankruptcy on June 23, 2025, primarily due to a large
California sales tax liability from an audit, which the debtor
claims arose from reporting misunderstandings, not misconduct.
The Debtor requests interim and final approval to use cash
collateral to pay necessary business expenses—such as wages,
rent, and inventory costs—outlined in a 7-month budget. Without
access to cash collateral, the restaurant risks immediate closure,
job losses, damage to goodwill, and disruption of vendor
relationships.
As of May 31, 2025, the Debtor listed $66,904 in assets and
$444,166 in liabilities, including secured debts from U.S. Small
Business Administration, Working Solutions CDFI, and Celtic Bank
(totaling $211,395). The Debtor proposes to reclassify Celtic
Bank's claim as unsecured due to asset limitations and plans to
provide adequate protection to the senior secured creditors (SBA
and Working Solutions) via monthly payments totaling $1,245,
amortized over 60 months at 5% interest.
The Debtor argues that secured creditors will be protected by
replacement liens on post-petition assets and the continuation of
business operations.
About Tarah Thai, LLC
Tarah Thai, LLC operates a Thai restaurant in San Jose,
California.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr N.D. Cal. Case No. 25-50944) on June 23,
2025. In the petition signed by Pawit Ninnabodee, chief financial
officer, the Debtor disclosed up to $100,000 in assets and up to
$500,000 in liabilities.
Judge Stephen L. Johnson oversees the case.
Arasto Farsad, Esq, at Farsad Law Office, P.C., represents the
Debtor as legal counsel.
TBTOG DEVELOPMENT: Taps Hilco as Real Estate Broker and Consultant
------------------------------------------------------------------
TBOTG Development, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ Hilco Real
Estate, LLC as real estate broker and consultant.
The Debtor needs a broker to assist it with a value-maximizing sale
of the properties.
The broker will receive a commission of 3 percent of the gross sale
proceeds plus reimbursement for out-of-pocket expenses incurred, up
to the aggregate limit of $25,000.
Jeff Azuse, executive vice president at Hilco Real Estate,
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:
Jeff Azuse
Hilco Real Estate, LLC
5 Revere Dr., Ste. 410
Northbrook, IL 60062
About TBOTG Development
TBOTG Development, Inc., owns and operates The Bluffs on The
Guadalupe, a subdivision in Comal County, Texas, having an
appraised value of $32.1 million.
TBOTG Development filed a Chapter 11 petition (Bankr. W.D. Tex.
Case No. 24-10411) on April 16, 2024, with $35,996,538 in total
assets and $22,885,007 in total liabilities. William T. Korioth,
president, signed the petition.
Judge Shad Robinson oversees the case.
Kell C. Mercer, PC and Armbrust & Brown, PLLC serve as the Debtor's
bankruptcy counsel and special litigation counsel, respectively.
TERRA LAKE: Trustee Seeks to Hire YIP Associates as Accountant
--------------------------------------------------------------
Leslie Osborne, the trustee appointed in the Chapter 11 case of
Terra Lake Heights, LLC, seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ YIP Associates
as accountant.
The firm will render these services:
(a) review all financial information prepared by the Debtor;
(b) review and analyze the organizational structure of any
entity of the Debtor, the entity's financial interrelationships
amongst it, its principals, affiliates, and insiders;
(c) review and analyze transfers to and from the Debtor to
third parties, both pre-petition and post-petition;
(d) attend meetings with the Debtor, creditors, insiders, and
associates of such parties, and with federal, state, and local tax
authorities, if requested;
(e) review the books and records of the Debtor for potential
preference payments, fraudulent transfers, or any other matters
that the trustee may request;
(f) prepare the estate tax returns, and if required,
correspond with and/or attend meetings with federal and local tax
authorities; and
(g) render any such other assistance in the nature of
accounting, business valuation, financial consulting, or other
financial projects as the trustee may deem necessary.
Hylton Wynick, a partner at YIP Associates, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Hylton B. Wynick
YIP Associates
2 Biscayne Blvd., #2690
Miami, FL 33131
Telephone: (305) 787-3572
About Terra Lake Heights
Terra Lake Heights, LLC is a limited liability company in
Hollywood, Fla.
Terra Lake Heights sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14464) on April 23,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $10 million and $50 million in liabilities.
Judge Scott M. Grossman handles the case.
The Debtor is represented by Chad Van Horn, Esq., at Van Horn Law
Group, PA.
Leslie Osborne is the Chapter 11 trustee appointed in the Debtor's
case. The trustee tapped YIP Associates as accountant.
THASSOS INC: Seeks to Hire Konstantine Sparagis as Legal Counsel
----------------------------------------------------------------
Thassos, Inc. seeks approval from the U.S. Bankruptcy Court for the
Northern District of Illinois to employ the Law Offices of
Konstantine Sparagis, PC as counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties in
the continued management and operation of its business and
properties;
(b) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(c) take all necessary action to protect and preserve the
Debtor's estate;
(d) prepare all legal papers necessary to administer the
Debtor's estate;
(e) take any action necessary on behalf of the Debtor to
obtain approval of a disclosure statement and its plan of
reorganization;
(f) represent the Debtor in connection with the obtaining
post-petition financing, if required;
(g) advise the Debtor in connection with any potential sale of
assets; and
(h) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with the
Chapter 11 case.
The firm will be paid at these hourly rates:
Konstantine Spragis, Attorney $400
Associate Attorney $195
Paraprofessionals $75
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a pre-petition retainer of $15,000 from the
Debtor, of which $1,738 was used as payment for filing fees.
Mr. Sparagis 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:
Konstantine T. Sparagis, Esq.
Law Offices of Konstantine Sparagis, PC
900 W. Jackson Blvd., Ste. 4E
Chicago, IL 60607
Telephone: (312) 753-6956
Email: gus@konstantinelaw.com
About Thassos Inc.
Thassos Inc. operates a Greek restaurant in Clarendon Hills,
Illinois. The establishment specializes in authentic Greek cuisine
and offers dine-in, catering, and online ordering services.
Thassos sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08021) on May 27,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Judge Janet S. Baer handles the case.
The Debtor is represented by the Law Offices of Konstantine
Sparagis.
THRASIO HOLDINGS: S&P Cuts ICR to D on Capital Structure Amendment
------------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating to 'D'
(default) from 'CCC-' on U.S.-based Thrasio Holdings Inc.
S&P said, "Concurrently, we lowered our issue-level rating on the
$90 million senior secured first-out term loan to 'D' from 'CC' and
issue-level rating on the $276 million second-out term loan to 'D'
from 'C'.
"We will reassess our issuer credit and issue-level ratings in the
coming days."
Thrasio Holdings amended its credit agreement to extend the
payment-in-kind (PIK) interest payment on the first-out and
second-out term loans for another year, or it would otherwise start
paying cash interest expense.
S&P said, "We view the transaction as distressed and tantamount to
default because it represents less than the original promise and we
believe there was a realistic possibility Thrasio would experience
a default over the near term absent the lenders' consent to defer
the cash interest.
"We view the company's amendment to extend the PIK interest payment
on its first-out and second-out term loans as tantamount to
default." On June 20, 2025, Thrasio amended its existing credit
agreement to extend the PIK interest payments on both the first-out
and second-out term loan for another year until June 18, 2026.
After that, the interest payment on the first-out term loan will
convert to cash and interest payment on the second-out term loan
will either be cash or PIK if it meets the $50 million liquidity
threshold. Absent this amendment, Thrasio would otherwise start
paying cash interest expense, given its cash balance currently
exceeds the $50 million threshold. S&P said, "In our view, the
transaction is a distressed exchange and tantamount to a default
because Thrasio's lenders received less than the original promise
of the securities and were not adequately compensated for deferring
their right to contractual cash interest payments. We also believe
there was a realistic possibility Thrasio would have faced a
conventional default over the near term, particularly given our
forecast for negative EBITDA and free operating cash flow
generation."
TIFARET DISCOUNT: Seeks Chapter 11 Bankruptcy in New York
---------------------------------------------------------
On July 9, 2025, Tifaret Discount Inc. filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of New York.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Tifaret Discount Inc.
Tifaret Discount Inc., operating as Redlicious Supermarket, a
grocery retailer based in Monsey, New York.
Tifaret Discount Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22623) on July 9,
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 Sean H Lane handles the case.
The Debtors are represented by Leo Fox, Esq.
TIFARET DISCOUNT: Voluntary Chapter 11 Case Summary
---------------------------------------------------
Debtor: Tifaret Discount Inc.
d/b/a Redlicious Supermarket
100 Route 59
Suite 24
Monsey New York 10952-3842
Business Description: The Debtor operates a grocery store and
supermarket serving the Kosher Orthodox
Jewish community in Monsey, New York.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-22623
Judge: Hon. Sean H Lane
Debtor's Counsel: Leo Fox, Esq.
LAW OFFICE OF LEO FOX, ESQ.
630 Third Avenue - 18th Floor
New York NY 10017
Tel: 212-867-9595
E-mail: leo@leofoxlaw.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Baruch Ausch as president.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4ESIS7Q/Tifaret_Discount_Inc__nysbke-25-22623__0001.0.pdf?mcid=tGE4TAMA
TOMS RIVER REGIONAL: Bonds Rating Slashed After Bankruptcy Warning
------------------------------------------------------------------
Sri Taylor of Bloomberg Law reports that S&P Global Ratings
downgraded the Toms River Regional School District's bond rating by
two notches after local officials weighed bankruptcy over approving
a tax-increasing budget.
The district's rating was lowered from AA- to A and placed on watch
for a potential further downgrade, according to a statement
released late Tuesday, July 8, 2025.
In late June 2025, the school board declined to adopt a budget that
would have raised property taxes. Following the decision, Board
President Ashley Lamb authorized staff to consult with bankruptcy
attorneys.
About Toms River Regional School District
Toms River Regional School District is a full-service regional
public school district serving the rapidly growing coastal
community of Toms River.
TUPPERWARE BRANDS: $22MM Investor Settlement Hits Court Snag
------------------------------------------------------------
Gillian R. Brassil of Bloomberg Law reports that A nearly $22
million settlement for Tupperware Brands Corp. investors has failed
to secure initial approval from a federal court, stalling efforts
to resolve claims that the troubled food storage company issued
overly optimistic financial forecasts ahead of its disappointing
2022 results.
Magistrate Judge Leslie Hoffman Price declined to grant preliminary
approval, citing the plaintiffs' failure to address their standing
to support class certification. The judge also flagged
inconsistencies in the settlement terms, noting it was unclear
whether the deal included Tupperware itself or only former CEO
Miguel Fernandez and former CFO Cassandra Harris, creating
confusion about the scope of the agreement.
About Tupperware Brands
Tupperware Brands Corporation (NYSE: TUP)
--https://www.tupperwarebrands.com/ -- is a global consumer
products company that designs innovative, functional, and
environmentally responsible products. Founded in 1946, Tupperware's
signature container created the modern food storage category that
revolutionized the way the world stores, serves, and prepares food.
Today, this iconic brand has more than 8,500 functional design and
utility patents for solution-oriented kitchen and home products.
The company distributes its products into nearly 70 countries,
primarily through independent representatives around the world.
Tupperware Brands sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 24-12166) on Sept. 17,
2024. In the bankruptcy petition, Tupperware reported more than
$1.2 billion in total debts and $679.5 million in total assets.
Kirkland & Ellis LLP is serving as legal advisor to Tupperware,
Moelis & Company LLC is serving as the Company's investment banker,
and Alvarez & Marsal is serving as the Company's financial and
restructuring advisor. Epiq is the claims agent and has put up the
page https://dm.epiq11.com/Tupperware.
TXMV2017 LLC: Files Amendment to Disclosure Statement
-----------------------------------------------------
TXMV2017, LLC, submitted an Amended Combined Plan and Disclosure
Statement dated June 20, 2025.
The Debtor owns a garden-style multifamily 352-unit apartment
complex. This apartment complex is operating and substantially
occupied by tenants.
The Debtor will sell (or refinance) the apartment complex
(Northborough Drive) on or before December 31, 2025, paying all
allowed secured creditors from the proceeds of the sale (or
refinance) on all amounts then outstanding in full. The Debtor
agrees that if it is unable to sell or refinance by December 31,
2025, it will not commence a subsequent bankruptcy proceeding.
The Debtor shall at all times during this Plan maintain the
requisite insurance required under the secured creditors loan
documents with the Debtor. The Debtor asserts that creditors in
Class 1 are oversecured creditors, in that the pre-petition
appraised value of the apartment complex is approximately
$40,200,000.00.
Class (1(a) creditor may not repossess or dispose of their
collateral or otherwise proceed against the Debtor, its collateral
and any guarantors, so long as Debtor is not in Material Default
under the Plan. Class 1(a) Allowed Secured claims are not impaired
and thus not entitled to vote on confirmation of the Plan. Class
1(b) Allowed Secured claims are impaired and are entitled to vote
on confirmation of the Plan.
All loan documents attached to the FTFCU Proof of Claim, including
all loan documents executed in connection therewith, whether
referenced in the FTFCU Proof of Claim or not, including
guarantees, are collectively referred to herein as the "FTFCU Loan
Documents." FTFCU shall be fully secured on all collateral
described in the FTFCU Loan Documents including Northborough Drive
("FTFCU Collateral") in the amount of $22,742,627.65, plus all
post-petition interest, fees, costs, and reasonable and necessary
legal fees/costs in connection therewith through and including the
date of confirmation without necessity of FTFCU to obtain separate
Court approval other than the confirmation order ("FTFCU Allowed
Secured Claim").
The FTFCU Allowed Secured Claim shall accrue interest at 11.75%
from the Effective Date of the Plan until the FTFCU Allowed Secured
Claim is paid in full. FTFCU shall be entitled to any necessary and
reasonable legal fees and costs incurred by FTFCU after
confirmation and prior to payoff of the FTFCU Allowed Secured Claim
without further order of this Court.
The Disputed General Unsecured Claims are contingent, disputed
and/or unliquidated and will not become allowed claims until one or
more final judgments have been entered and all appeals exhausted.
If, or once a Disputed General Unsecured Claim becomes an Allowed
General Unsecured Claim, it shall no longer be a Disputed General
Unsecured Claim and shall be treated in accordance with Class 2
General Unsecured Claims.
Jose Ernesto Sanchez Sandoval, et al. are parties to one or more
pre-petition lawsuits against the Debtor, et al. Under this Plan,
it is proposed that all such plaintiffs after the Effective Date
recommence the pending litigation to determine the asserted
contingent, disputed and unliquidated personal injury and wrongful
death purported claims. The Debtor hereby reserves the right to
object to the filed proof of claim by Jose Ernesto Sanchez
Sandoval, et al. in the event that such plaintiffs/parties contest
confirmation of this Plan, as part of the confirmation process.
On the Effective Date, all property of the estate and interests of
the Debtor, that is property of the estate as of the date of Plan
confirmation, will vest in the reorganized Debtor pursuant to
Section 1141(b) of the Bankruptcy Code free and clear of all lien,
claims, interests and encumbrances except as otherwise provided in
this Plan.
The obligations to creditors that Debtor undertakes in the
confirmed Plan replace those obligations to creditors that existed
prior to the Effective Date of the Plan. Debtor's obligations under
the confirmed Plan constitute binding contractual promises that, if
not satisfied through performance of the Plan, create a basis for
an action for breach of contract under Texas law. To the extent a
creditor retains a lien under the Plan, that creditor retains all
rights provided by such lien under applicable non Bankruptcy law.
A full-text copy of the Amended Combined Plan and Disclosure
Statement dated June 20, 2025 is available at
https://urlcurt.com/u?l=89Kq3C from PacerMonitor.com at no charge.
Counsel for the Debtor:
Steven Shurn, Esq.
HUGHESWATTERSASKANASE, LLP
TotalEnergies Tower
1201 Louisiana, 28th Floor
Houston, Texas 77002
Telephone: (713) 590-4200
Facsimile: (713) 590-4230
Cell: (713) 410-2139
About TXMV2017 LLC
TXMV2017, LLC owns a 352-unit appartement complex in Houston,
Texas.
TXMV2017 sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Texas Case No. 25-30126) on January 6, 2025,
listing up to $50 million in both assets and liabilities. Fercan E.
Kalkan, sole manager and member, signed the petition.
Steven Shurn, Esq., at Hughes Watters Askanase, represents the
Debtor as legal counsel.
First Technology Federal Credit Union, as lender, is represented
by:
Michael P. Menton, Esq.
Danika Lopez, Esq.
SettlePou
3333 Lee Parkway, Eighth Floor
Dallas, Texas 75219
Tel: (214) 520-3300
Fax: (214) 526-4145
E-mail: mmenton@settlepou.com
dlopez@settlepou.com
UFP HOLDING I: Seeks Chapter 11 Bankruptcy in New York
------------------------------------------------------
On July 9, 2025, UFP Holding I LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Southern District of New York.
According to court filing, the Debtor reports between $10 million
and $50 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About UFP Holding I LLC
UFP Holding I LLC is a real estate holding company based in New
York. The company operates in the lessors of real estate property
sector (NAICS code 531190), which typically involves owning and
leasing real estate assets.
UFP Holding I LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11526) on July 9,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge John P. Mastando III handles the
case.
The Debtors are represented by T. Edward Williams, Esq. at Williams
LLP.
UFP HOLDING: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: UFP Holding I, LLC
600 Third Avenue FL 2
New York NY 10016
Business Description: UFP Holding I, LLC leases non-building real
estate properties such as land, industrial
parks, and railroad property. The Company
operates in the United States and
specializes in property types that exclude
residential or commercial buildings.
Chapter 11 Petition Date: July 9, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-11526
Judge: Hon. John P. Mastando III
Debtor's Counsel: T. Edward Williams, Esq.
WILLIAMS LLP
420 Lexington Avenue, Suite 875
New York, NY 10170
USA
Tel: 212-417-0430
E-mail: edward@williamsllp.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Muhammed Howard as manager.
The Debtor failed to provide a list of its 20 largest unsecured
creditors in the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FZCEHZY/UFP_Holding_I_LLC__nysbke-25-11526__0001.0.pdf?mcid=tGE4TAMA
UNIFIED SCIENCE: U.S. Trustee Appoints Creditors' Committee
-----------------------------------------------------------
Adam Brief, Acting U.S. Trustee for Region 11, appointed an
official committee to represent unsecured creditors in the Chapter
11 case of X.
The Office of the U.S. Trustee for Region X on X appointed X
creditors to serve on the official committee of unsecured creditors
in the Chapter 11 case of Unified Science, LLC.
The committee members are:
1. Billion & Armitage
7300 Metro Blvd Ste 605
Minneapolis, MN 55439
Representative:
Attorney Mark Burns
(952) 697-2635
mburns@billionarmitage.com
2. Bizal Mfg., Inc.
7880 Ranchers Rd
Fridley, MN 55432
Representative:
Jennifer Klemz
(763) 571-4030
Jennifer.klemz@bizalmfg.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 Unified Science LLC
Unified Science LLC, doing business as United Science, provides
services, consulting, and manufacturing for the pharmaceutical and
nutraceutical industries. The company offers product development,
process engineering, analytical development, and compliance
services. It positions itself as a scientific partner supporting
clients from development through to product launch.
Unified Science sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wis. Case No. 25-11162) on May 19,
2025. In its petition, the Debtor reported estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Judge Catherine J. Furay handles the case.
The Debtor is represented by Evan M. Swenson, Esq., at Swenson Law
Group, LLC.
VEGAS TREASURES: Hires Larson & Zirzow as Bankruptcy Counsel
------------------------------------------------------------
Vegas Treasures, Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Nevada to employ Larson & Zirzow, LLC as
bankruptcy counsel.
The firm will render these services:
(a) prepare on behalf of the Debtor all necessary or
appropriate legal papers in connection with the administration of
its bankruptcy estate;
(b) take all necessary or appropriate actions in connection
with a plan of reorganization and all related documents, and such
further actions as may be required in connection with the
administration of the Debtor's estate;
(c) take all necessary actions to protect and preserve the
Debtor's estate; and
(d) perform all other necessary legal services in connection
with the prosecution of the Chapter 11 case.
The firm will be paid at these rates:
Zachariah Larson, Esq., Principal $650 per hour
Benjamin Chambliss, Esq., Associate $500 per hour
Patricia Huelsman, Paralegal $295 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received from the Debtor a retainer of $20,000.
Mr. Zirzow 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:
Matthew C. Zirzow, Esq.
Larson & Zirzow, LLC
850 E. Bonneville Ave.
Las Vegas, NV 89101
Telephone: (702) 382-1170
Facsimile: (702) 382-1169
Email: mzirzow@lzlawnv.com
About Vegas Treasures, Inc.
Vegas Treasures Inc., doing business as Paymon's Fresh Kitchen &
Lounge, operates a restaurant and lounge in Las Vegas, Nevada. The
Company offers international cuisine with vegan, vegetarian, and
gluten-free options, emphasizing health-conscious ingredients. It
also runs a lounge known for its cocktails, entertainment, and
community-focused atmosphere.
Vegas Treasures Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 25-13582) on
June 23, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million.
Honorable Bankruptcy Judge Natalie M. Cox handles the case.
The Debtors are represented by Zachariah Larson, Esq. at LARSON &
ZIRZOW, LLC.
VELOCITY ESPORTS: Hires Nevada Bankruptcy Attorneys as Counsel
--------------------------------------------------------------
Velocity Esports, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Nevada to employ Nevada
Bankruptcy Attorneys, LLC as counsel.
The firm's services include:
a. advising Debtors of their rights and obligations and
performance of their duties during administration of these Chapter
11 Cases;
b. attending meetings and negotiations with other parties in
interest on Debtors' behalf in these Chapter 11 Cases;
c. taking all necessary action to protect and preserve
Debtors' estates including: the prosecution of actions, the defense
of any actions taken against Debtors, negotiations concerning all
litigation in which Debtors are involved, and objecting to claims
filed against the estates which are believed to be inaccurate;
d. seeking this Court's approval and confirmation of a plan of
reorganization, the accompanying disclosure statement, and all
papers and pleadings related thereto and in support thereof and
attending court hearings related thereto;
e. representing Debtors in all proceedings before this Court
or other courts of jurisdiction in connection with these Chapter 11
Cases, including preparing and/or reviewing all motions, answers
and orders necessary to protect Debtors' interests;
f. assisting Debtors in developing legal positions and
strategies with respect to all facets of these proceedings;
g. preparing on Debtors' behalf necessary applications,
motions, answers, orders and other documents; and
h. performing all other legal services for Debtors in
connection with these Chapter 11 Cases as may be necessary.
The firm will be paid at these rates:
Matthew I. Knepper, Partner $495 per hour
Brenden J. Gougeon, Senior Associate $285 per hour
Partners $495 per hour
Senior Associate $285 per hour
Senior Paralegal $185 per hour
Legal Assistant $95 per hour
The firm was paid an initial retainer in the amount of $30,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Matthew I. Knepper, Esq., a partner at Nevada Bankruptcy Attorneys,
LLC, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Matthew I. Knepper, Esq.
Nevada Bankruptcy Attorneys, LLC
5502 S. Fort Apache Rd., Suite 200
Las Vegas, NV 89148-7700
Tel: (702) 660-4228
Fax: (702) 660-4228
Email: mknepper@nvbankruptcyattorneys.com
About Velocity Esports Inc.
Velocity Esports Inc. operates gaming and entertainment venues
across select U.S. locations, offering a mix of arcade games,
esports lounges, bowling, and casual dining. The Company caters to
both casual and competitive gamers, as well as event hosting for
social and corporate gatherings. Its venues are equipped with
modern gaming technology and also feature food and beverage options
with a focus on American and Mexican fare.
Velocity Esports and affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Nev. Lead Case No. 25-12627) on
May 7, 2025. In its petition, Velocity Esports reported total
assets of $1,294,858 and total liabilities of $9,931,782.
Judge Mike K. Nakagawa handles the cases.
The Debtors are represented by Matthew Knepper, Esq., and Brenden
Gougeon, Esq., at Nevada Bankruptcy Attorneys, LLC.
VELOCITY ESPORTS: Seeks to Hire First Choice as Broker
------------------------------------------------------
Velocity Esports, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Nevada to employ First
Choice Business Brokers as Broker.
The firm will provide these services:
a. act as the exclusive agent for the sale, exchange, lease,
or other disposition of the business during the listing period;
b. advertise and market the Debtors' businesses;
c. facilitate and manage buyer introductions and determine
buyer eligibility;
d. coordinate transaction closing;
e. draft purchase agreements; and
f. require potential buyers to sign confidentiality
agreements.
The firm will be paid 12.5 percent of the Transacted Value or
$15,000, whichever is greater, per transaction.
Freddie McFinn, a partner at First Choice Business Brokers,
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:
Freddie McFinn
First Choice Business Brokers
851 South Rampart Boulevard Suite 200
Las Vegas, NV 89145
Tel: (702) 217-5125
About About Velocity Esports Inc.
Velocity Esports Inc. operates gaming and entertainment venues
across select U.S. locations, offering a mix of arcade games,
esports lounges, bowling, and casual dining. The Company caters to
both casual and competitive gamers, as well as event hosting for
social and corporate gatherings. Its venues are equipped with
modern gaming technology and also feature food and beverage options
with a focus on American and Mexican fare.
Velocity Esports and affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Nev. Lead Case No. 25-12627) on
May 7, 2025. In its petition, Velocity Esports reported total
assets of $1,294,858 and total liabilities of $9,931,782.
Judge Mike K. Nakagawa handles the cases.
The Debtors are represented by Matthew Knepper, Esq., and Brenden
Gougeon, Esq., at Nevada Bankruptcy Attorneys, LLC.
VILLAGES HEALTH: Receives $39MM DIP Prelim Court Approval
---------------------------------------------------------
Carolina Bolado of Law360 reports that a Florida bankruptcy judge
has given preliminary approval to a $39 million
debtor-in-possession financing plan for The Villages Health System
LLC, which filed for Chapter 11 in the first week of July 2025.
The healthcare provider serves approximately 55,000 residents in
the nation's most well-known retirement community.
About The Villages Health ("TVH")
The Villages Health (TVH) is a leading healthcare provider in North
Central Florida, offering comprehensive primary and specialty care
through a collaborative, team-based approach. In addition to
primary care, TVH delivers specialized services in audiology,
behavioral and mental health, cardiology, dietetics, endocrinology,
gastroenterology, gynecology, interventional pain management,
neurology, podiatry, rheumatology, and urology. To learn more,
visit thevillageshealth.com
The Village Health sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04156) on July 3,
2025. In its petition, the Debtor reports estimated assets between
$50 million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Lori V. Vaughan handles the case.
The Debtor is represented by Elizabeth A. Green at Baker &
Hostetler LLP.
VILLAS AT 79TH: Seeks to Hire Stinson LLP as Counsel
----------------------------------------------------
Villas at 79th, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Arizona to employ Stinson LLP as counsel.
The firm will provide these services:
a. advise the Debtor with respect to its powers and duties as
debtor-in-possession in the continued management of its business
and property;
b. attend meetings and negotiate with representatives of
creditors and other parties in interest and advising and consulting
on the conduct of this Chapter 11 case, including all the legal and
administrative requirements of operating in Chapter 11;
c. advise the Debtor in connection with any contemplated sale of
assets or business combinations, formulate and implement
appropriate procedures with respect to the closing of any such
transactions, and counsel the Debtor in connection with such
transactions;
d. advise the Debtor in connection with any post-petition
financing and cash collateral arrangements and negotiating and
drafting related documents, providing advice and counsel with
respect to prepetition financing agreements and their possible
restructuring;
e. advise the Debtor on matters relating to the assumption,
rejection, or assignment of unexpired leases and executory
contracts;
f. advise the Debtor with respect to legal issues arising in or
relating to the Debtor's ordinary course of business including
attendance at senior management meetings, meetings with the
Debtor's financial and restructuring advisors and meetings of the
board of directors;
g. take all necessary action to protect and preserve the
Debtor's estate, including the prosecution of actions on its
behalf, the defense of any actions commenced against it,
negotiations concerning all litigation in which the Debtor is
involved, and objecting to claims filed against the Debtor's
estate;
h. prepare, on the Debtor's behalf, all motions, applications,
answers, orders, reports, and papers necessary to the
administration of the estate;
i. negotiate, on the Debtor's behalf, its Chapter 11 plan,
related disclosure statement, and all related agreements and
documents and taking any necessary action on the Debtor's behalf to
obtain confirmation of that plan;
j. appear and advance the Debtor's interests before this Court,
any appellate courts, and the US Trustee; and
k. perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with this
Chapter 11 case.
The firm will be paid at these rates:
Lawyers $290 to $1,000 per hour
Paralegals $200 to $300 per hour
On June 17, 2025, the firm received $20,000 from Union Capital
Partners, LP, an entity that holds all of the equity interests in
the Debtor.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Cali 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:
Anthony P. Cali, Esq.
STINSON LLP
1850 N. Central Avenue, Suite 2100
Phoenix, AZ 85004-4584
Tel: (602) 279-1600
Fax: (602) 240-6925
Email: anthony.cali@stinson.com
About Villas at 79th, LLC
Villas at 79th LLC is a single-asset real estate debtor, as defined
in 11 U.S.C. Section 101(51B).
Villas at 79th LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-05510) on June 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by Anthony P. Cali, Esq. at STINSON
LLP.
WELLPATH HOLDINGS: Court Tosses Remaining Claims in Santana Lawsuit
-------------------------------------------------------------------
Judge Gerald Austin McHugh of the United States District for the
Middle District of Georgia dismissed the remaining claims against
Defendants Dr. Paul Little and Dr. John Nicholson in the case
captioned as MICHAEL HERNANDEZ-SANTANA, Plaintiff, v. DR. PAUL
LITTLE, et al., Defendants, Case No. 24-cv-06447-GAM (E.D. Pa.).
In a prior Memorandum, the Court dismissed in part the Complaint
filed Michael Hernandez-Santana, a prisoner incarcerated at SCI
Chester. Constitutional claims against Defendant Mr. E. Reason were
dismissed with prejudice and state law claims against that
Defendant were dismissed without prejudice. The Court reserved
screening and stayed Hernandez-Santana's Eighth Amendment claims
against Defendants Dr. Paul Little and Dr. John Nicholson, both of
whom are employees of Wellpath, the medical services contractor at
SCIC because the Court was on notice that Wellpath has filed a
petition for Chapter 11 bankruptcy protection that was in the early
stages of adjudication, and which impacted claims against its
non-debtor employees.
Wellpath emerged from bankruptcy proceedings on May 1, 2025 upon
the Confirmation of the Plan of Reorganization under Chapter 11 of
the Bankruptcy Code. Thereafter, Mr. Hernandez-Santana was directed
to inform the Court whether he had submitted (1) a proof of claim
in the Bankruptcy Court prior to that Court's April 7, 2025
deadline to do so, (2) an objection to or motion for relief from
the Automatic Stay, or (3) a ballot or other communication
affirmatively expressing an intent to opt out of the Third-Party
Release imposed as part of the plan of reorganization. Mr.
Hernandez-Santana responded by filing a Motion to Proceed
indicating that he had no notice of the bankruptcy proceeding.
During lunch on Aug. 22, 2023, Mr. Hernandez-Santana allegedly
ingested pieces of metal that were in his hamburger. He was taken
to the SCIC medical unit where, assisted by a correctional officer
translator, Dr. Little examined him for injuries and referred him
to a dentist finding that he had a loose filling. The unnamed
dentist determined he had no cavities or fillings, and Dr. Little
sent Mr. Hernandez-Santana back to his housing unit. He had bouts
of pain throughout the rest of that day and for the next couple of
months due to an alleged lack of treatment for his injury. He
claims that every time he was seen by Dr. Little, he refused to
treat or provide medical assistance.
On Oct. 19, 2023, Mr. Hernandez-Santana put in a sick call slip to
be seen for severe stomach pain and blood in his stool. He was seen
by Defendant Nicholson, aided by an inmate translator. Dr.
Nicholson offered to perform a "cavity search" in front of the
inmate translator, which Mr. Hernandez-Santana refused, and he
returned to his housing unit. At some unspecified point thereafter,
Mr. Hernandez-Santana was called back to medical and sent to a
hospital emergency room. When he returned to SCIC, Dr. Nicholson
documented that he had no medical matters existing in his stomach.
Mr. Hernandez-Santana seeks money damages for his claims under the
Eighth Amendment based on his medical care.
The Court finds assuming for purposes of statutory screening that
Hernandez-Santana's stomach and dental condition represented
serious medical needs, his constitutional claims against Dr. Little
and Dr. Nicholson fall short.
Mr. Hernandez-Santana received treatment for his condition. When he
first presented with the issue in August 2023, Dr. Little examined
him for injuries and referred him to a dentist who determined he
had no cavities or fillings. According to the Court, while he
claims he continued to suffer pain due to an alleged lack of
treatment for his injury and claims that every time he was seen by
Little, he refused to treat or provide medical assistance, these
allegations are insufficient to allege a plausible claim because
they are conclusory.
The claim against Dr. Nicholson is also not plausible.
Mr. Hernandez-Santana's allegations are not sufficient to state a
plausible claim since he fails to allege how Dr. Nicholson was
deliberately indifferent to his medical needs when he refused Dr.
Nicholson's offer to perform an examination in the medical unit,
and he was offered outside testing, in which Dr. Nicholson was not
involved, that could not be completed, the Court concludes.
Accordingly, Mr. Hernandez-Santana's remaining claims against
Defendants Little and Nicholson will be dismissed on statutory
screening.
A copy of the Court's Memorandum dated July 2, 2025, is available
at https://urlcurt.com/u?l=ykQi8h from PacerMonitor.com.
About Wellpath Holdings
Wellpath Holdings, Inc., formerly known as CCS-CMGC Holdings, Inc.,
is a provider of medical and mental healthcare in jails, prisons,
and inpatient and residential treatment facilities.
Wellpath Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 24-90533) on Nov. 11, 2024. Timothy Dragelin, chief
restructuring officer and chief financial officer, signed the
petitions.
At the time of the filing, the Debtors reported $1 billion to $10
billion in assets and liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Marcus A. Helt, Esq. at McDermott Will & Emery,
LLP, as bankruptcy counsel; FTI Consulting, Inc., as financial
advisor; and Lazard Freres & Co., LLC and MTS Partners, LP as
investment banker.
WESTJET AIRLINES: S&P Alters Outlook to Negative, Affirms 'B' ICR
-----------------------------------------------------------------
S&P Global Ratings revised its outlook on Calgary-based WestJet
Airlines Ltd. to negative from stable and affirmed its 'B'
long-term issuer credit rating.
S&P said, "At the same time, we affirmed our 'B+' issue-level
rating on the company's revolving credit facility. The '2' recovery
rating is unchanged.
"The negative outlook reflects our expectation that WestJet's S&P
Global Ratings-adjusted debt to EBITDA will be in the 6x-7x range
and its S&P Global Ratings-adjusted funds from operations (FFO) to
debt will be in the 7%-9% range over the next couple of years,
which we consider weak for the rating.
"WestJet's credit measures are trending weaker than we previously
expected and it faces a more-challenging demand environment this
year. The company ended 2024 with S&P Global Ratings-adjusted FFO
to debt of about 9% and S&P Global Ratings-adjusted debt to EBITDA
of 6.2x, which were weaker than we had previously expected due to
its lower EBITDA margins and higher lease liabilities relative to
our estimates. We assume WestJet's credit measures will deteriorate
further this year as macroeconomic headwinds from tariff
uncertainty place downward pressure on airfares and transborder
traffic, which we assume will only be partly offset by lower jet
fuel prices and a strengthening of the Canadian dollar. We assume
the company will modestly improve its credit measures in 2026 and
beyond, including S&P Global Ratings-adjusted FFO to debt of above
9% and S&P Global Ratings-adjusted debt to EBITDA of below 6x.
However, the negative outlook reflects the potential WestJet will
face sustained pressure on its operating results, given the
currently high level of market uncertainty (particularly on
transborder routes). In our view, there is less room for the
company to underperform relative to our estimates at the current
rating, which has increased the probability of a downgrade in the
next 12 months.
"Transborder traffic comprises about one-quarter of WestJet's
business and we assume it will decline by more than 10% this year.
The weaker demand for transborder flights, with bookings down by
the mid-teens percent area as of mid-March 2025, likely stems from
the shifting U.S. trade policy toward Canada, a weaker Canadian
dollar early this year (which has recovered somewhat), and an
observed trend of Canadians generally favoring domestic and
international travel over travel to the U.S. We understand that
WestJet has shifted some of its transborder capacity to the
Caribbean and its domestic routes where it is experiencing
relatively stronger demand. However, as other airlines do the same
and continue to expand their capacity, these routes could become
crowded, particularly in Canada. As capacity increases in Canada,
macroeconomic uncertainty and affordability challenges could limit
travel demand. In our view, this poses a risk to WestJet's earnings
because it is more-exposed to domestic market conditions than the
larger carriers that benefit from more-diverse route networks.
These competitors include Air Canada, which has a larger presence
in the transatlantic market that has been an important source of
diversity for the company.
"We assume WestJet's passenger traffic will increase by 0%-2% this
year amid the slower demand environment. At the same time, the
company is taking this opportunity to reconfigure its cabins and
enhance in-flight services on about 40 of its Boeing 737s,
including those previously operated by Sunwing, Swoop, and other
airlines. We expect the lower capacity growth this year, coupled
with cost inflation and a more-challenging demand environment, will
contribute to modest margin pressure and a 5%-10% decline in
WestJet's 2025 EBIDTA. We expect the company's EBITDA will recover
in 2026 and increase further in 2027 as it returns its refurbished
planes to service and takes delivery of new, more-efficient Boeing
737 MAXs. Given WestJet's high operating leverage, we expect its
rising traffic and revenue beyond 2025 will likely contribute to an
expansion in its EBITDA margins to the 14%-15% range in 2027.
"We expect WestJet's new aircraft investments will contribute to
negative free operating cash flow (FOCF) generation and increased
debt levels over the next few years. We assume the company's
capital expenditure (capex) will remain elevated over the next few
years as its takes delivery of new aircraft. As of March 31, 2025,
WestJet estimated that its commitments for the purchase of 737 Max
aircraft and spare engines over the next five years stood at about
C$4.5 billion. These investments contribute to our assumption that
the company will increase its capacity by the 4%-6% range annually
beyond this year as it adds younger and more-fuel efficient
aircraft to its fleet. We assume WestJet will take delivery of six
Boeing 737 MAXs this year and at least 10 in 2026 and believe it
may look to retire its older Boeing 737 NGs and De Havilland Canada
Dash 8-400s (Q400). We assume the company will use sale-leaseback
transactions or other source of debt to finance most of its capex
and cover the remainder with operating cash flows. We expect this
will lead the company to generate negative FOCF and increase its
debt levels (including leases), thereby limiting the pace of its
deleveraging and leaving it with less financial flexibility if
market conditions deteriorate. That said, we also note there could
be delays in the timing of these deliveries, as has occurred across
much of the airline industry over the past year.
"Our ratings on WestJet incorporate its status as the
second-largest airline in Canada, which is characterized by its
strong presence in Western Canada and efficient operations. With a
domestic market share of about 30%, the company ranks behind only
Air Canada, which accounts for about 40% of the Canadian market.
Although smaller competitors like Flair Airlines and Porter
Airlines have gained market share over the past decade, the
industry remains highly concentrated. WestJet's strongest market
presence is in Western Canada and sun destinations, in which it
commands about 40% market share. The acquisition of Sunwing
Vacations Inc. on May 1, 2023, bolstered the company's position in
the leisure sector, making it the largest tour operator for sun
destinations in Canada. Our assessment of WestJet's competitive
standing also reflects our expectation it will expand its S&P
Global Ratings-adjusted EBITDA margins to the 14%-15% range in the
coming years, supported by its relatively young fleet (with an
average age of about 11 years), good cost controls, and ongoing
fleet investments (including the addition of new, more-efficient
Boeing 737 MAX aircraft). That said, we acknowledge that the
company's earnings and margins can be volatile. We consider the
North American airline sector as high risk due to its cyclical
demand, significant competition, high operating leverage, and
capital intensity. Furthermore, the passenger airline industry is
susceptible to disruptions from outside events, such as war,
terrorism, and epidemics.
"The negative outlook reflects our expectation that WestJet's S&P
Global Ratings-adjusted debt to EBITDA will be in the 6x-7x range
and its S&P Global Ratings-adjusted FFO to debt will be in the
7%-9% range over the next couple of years, which we consider weak
for the rating. This incorporates our assumption of weaker air
travel demand this year--particularly on the company's transborder
routes--higher operating costs (excluding fuel), and increased
lease obligations. Our negative outlook also reflects WestJet's
limited financial flexibility over the next couple of years due to
its high interest burden and the capital commitments for its new
aircraft.
"We could downgrade WestJet in the next 12 months if we except it
will sustain S&P Global Ratings-adjusted debt to EBITDA of more
than 6x, which roughly corresponds to S&P Global Ratings-adjusted
FFO to debt of less than 9%. This could occur if the company's
passenger revenue is lower than we expect, potentially because of
increased competition or weak travel demand, or higher operating
costs contribute to weaker profitability.
"We could revise our outlook on WestJet to stable in the next 12
months if its credit measures trend stronger than we expect and we
see a clear path for it to reduce its S&P Global Ratings-adjusted
debt to EBITDA below 6x and improve its S&P Global Ratings-adjusted
FFO to debt above 9% and sustain these metrics at those levels.
This could occur if the company's earnings and FOCF generation
exceed our assumptions, potentially due to an increase in travel
demand that supports increases in its passenger revenue and
margins."
WILCOV HOLDINGS: Hires Cone Commercial Real Estate as Realtor
-------------------------------------------------------------
Wilcov Holdings, Inc. seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to employ Cone Commercial Real
Estate LLC as realtor.
The firm will provide these services:
(a) list the Debtor's properties;
(b) advise the Debtor on issues related to the marketing and
selling of said properties;
(c) show said properties to prospective buyers;
(d) communicate offers from prospective buyers to the Debtor;
and
(e) assist the Debtor is closing sales regarding said
properties.
The realtor will receive a commission of 5 percent, paid at
closing, if a property is sold directly by Cone Commercial. If the
sale involves an outside agent, the commission is 6 percent, paid
at closing, wherein Cone Commercial will receive 3 percent and the
outside agent will receive 3 percent.
Ryan Cone, founder and director at Cone Commercial Real Estate,
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:
Ryan Cone
Cone Commercial Real Estate LLC
2964 Hardman Court NE
Atlanta, GA 30305
About Wilcov Holdings
Wilcov Holdings Inc. sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55970) on May
30, 2025.
The Debtor tapped Joel D. Myers, Esq., at Myers Law, LLC as counsel
and Ginnett Zabala LLC as accountant.
WILCOV HOLDINGS: Seeks Approval to Tap Ginnett Zabala as Accountant
-------------------------------------------------------------------
Wilcov Holdings, Inc. seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to employ Ginnett Zabala LLC
as accountant.
The firm will provide these services:
(a) assist the Debtor in preparing its tax returns;
(b) analyze financial data and prepare financial reports as
necessary to comply with orders of the Court and requests from the
U.S. Trustee and other parties-in-interest; and
(c) other essential accounting duties necessary to ensure the
accuracy of information presented to the court and parties in
interest in this case.
Ginnett Zabala, the primary accountant in this representation, will
be billed $50 per hour for accounting purposes and $525 fee for
corporation tax return.
Ms. Zabala 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:
Ginnett Zabala, CPA
Ginnett Zabala LLC
406 Oak Leaf Trail
Villa Rica, GA 30180
About Wilcov Holdings
Wilcov Holdings Inc. sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55970) on May
30, 2025.
The Debtor tapped Joel D. Myers, Esq., at Myers Law, LLC as counsel
and Ginnett Zabala LLC as accountant.
WOLFSPEED INC: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
Wolfspeed, Inc. and its affiliates received interim approval from
the U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, to use cash collateral.
Substantially all of the Debtors' cash constitutes cash collateral
of senior secured noteholders and U.S. Bank Trust Company, N.A., as
trustee and collateral agent under an indenture governing the
senior secured notes due 2030 issued by Wolfspeed.
The interim order signed by Judge Christopher Lopez authorized the
Debtors to use cash collateral from June 30 until the occurrence of
so-called termination events to fund business operations, pay the
costs of administration of the bankruptcy estates, and fund
"adequate protection" payments.
Termination events include failure by the Debtors to obtain the
court's final approval to access cash collateral within 45 days
after the petition date; the termination of the backstop agreement;
and the termination of the restructuring support agreement.
Through the RSA, the Debtors secured the support of key creditor
groups for their restructuring pursuant to a joint prepackaged
Chapter 11 plan of reorganization filed on June 30. The RSA aims to
cut the Debtors' funded debt from $6.749 billion to approximately
$2.118 billion.
The key creditor groups supporting the Debtors' restructuring
include (i) the ad hoc group of senior secured noteholders that
collectively own or control more than 97% of the aggregate
outstanding principal amount of the senior secured notes; (ii) the
ad hoc group of unsecured noteholders that collectively own or
control more than 67% of the aggregate outstanding principal amount
of the convertible notes; and (iii) Renesas Electronics America
Inc. which owns or controls 100% of the outstanding principal
amount of loans under the Customer Refundable Deposit Agreement.
Another termination event is the Debtors' failure to meet any of
these milestones:
1. At or prior to 11:59 p.m. Central Time on the date that is 45
days after the petition date, the court must have entered the final
cash collateral order.
2. At or prior to 11:59 p.m. Central Time on the date that is 75
calendar days following the petition date, the court must have
entered an order approving the disclosure statement.
3. At or prior to 11:59 p.m. Central Time on the date that is 75
calendar days following the petition date, the court must have
entered the backstop order.
4. At or prior to 11:59 p.m. Central Time on the date that is 75
calendar days following the petition date, the court must have
entered the plan confirmation order.
5. At or prior to 11:59 p.m. Central Time on the Outside Date,
consummation of the plan must have occurred.
Adequate Protection
As adequate protection, U.S. Bank and the senior secured
noteholders will be granted valid, fully perfected, nonavoidable,
first-priority senior and replacement security interests in and
liens on their pre-bankruptcy collateral and all other assets of
the Debtors, including those acquired by the Debtors after the
petition date. These adequate protection liens are subject to a
carveout for professional fees and expenses.
In case of any diminution in the value of their collateral, U.S.
Bank and the senior secured noteholders will be granted allowed
superpriority administrative expense claims ahead of and senior to
all other administrative expense claims, junior only to the
carveout.
Moreover, the Debtors were directed to pay in full in cash
professional fees, expenses and disbursements incurred prior to the
petition date by U.S. Bank and the bankruptcy professionals
advising the ad hoc senior secured group, including Moelis &
Company, as financial advisor, Paul, Weiss, Rifkind, Wharton &
Garrison LLP, as primary bankruptcy counsel, and Porter Hedges LLP,
as local counsel
Additional protection includes ongoing interest payments, financial
reporting and maintenance of financial covenants such as covenants
from the Debtors to (i) not allow actual cash receipts or actual
disbursements exceed the permitted variances, (ii) maintain
"qualified cash" above the minimum liquidity threshold, (iii) not
allow capital expenditures to exceed $200 million for the period
between the petition date and the effective date of the
reorganization plan.
The bankruptcy court will hold a final hearing on August 6. The
deadline for filing objections is on July 30.
The Debtors are manufacturers of silicon carbide and gallium
nitride semiconductors for electric vehicles, telecom, and defense,
operates facilities in North Carolina, New York, and Arkansas.
As of the petition date, the Debtors' capital structure includes
approximately $1.525 billion in senior secured notes due June 2030.
The Debtors also have three series of unsecured convertible notes
outstanding: (i) $577 million in 1.75% convertible senior notes due
2026, (ii) $751 million in 0.25% convertible senior notes due 2028,
and (iii) $1.769 billion in 1.875% convertible senior notes due
2029, all issued with U.S. Bank as trustee.
In addition, Wolfspeed has unsecured loans from Renesas totaling
approximately $2.127 billion under the deposit agreement. Other
liabilities include $259 million in trade claims and $45 million in
general unsecured claims.
About Wolfspeed Inc.
Wolfspeed, Inc. (NYSE:WOLF) is an innovator of wide bandgap
semiconductors, focused on silicon carbide materials and devices
for power applications. Its product families include silicon
carbide materials and power devices targeted for various
applications such as electric vehicles, fast charging and renewable
energy and storage.
On June 30, 2025, Wolfspeed, Inc. and Wolfspeed Texas, LLC each
filed petitions seeking relief under chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90163), with
Judge Christopher M. Lopez presiding. The Debtors sought Chapter
11 protection after reaching a deal with lenders on a
debt-for-equity plan that would reduce debt by $4.6 billion.
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor and FTI Consulting is serving as restructuring
advisor. Epiq is the claims agent.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
counsel to the senior secured noteholders and Moelis & Company is
serving as the senior secured noteholders' financial advisor.
Kirkland & Ellis LLP is serving as legal counsel to Renesas
Electronics Corporation, PJT Partners is serving as its financial
advisor, and BofA Securities is serving as its structuring
advisor.
Ropes & Gray LLP is serving as legal counsel to the convertible
debtholders and Ducera Partners is serving as financial advisor to
the convertible debtholders.
Renesas Electronics Corporation, as lender, is represented by:
Steven N. Serajeddini, P.C.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
601 Lexington Avenue
New York, NY 10022
Telephone: (212) 446-4800
steven.serajeddini@kirkland.com
Yusuf Salloum
Claire Stephens
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
333 West Wolf Point Plaza
Chicago, IL 60654
Telephone: (312) 862-2000
yusuf.salloum@kirkland.com
claire.stephens@kirkland.com
-- and --
Charles A. Beckham, Jr.
David Trausch
Re'Necia Sherald
HAYNES AND BOONE, LLP
1221 McKinney Street, Suite 4000
Houston, TX 77010
Telephone: (713) 547-2000
charles.beckham@haynesboone.com
david.trausch@haynesboone.com
renecia.sherald@haynesboone.com
WOLFSPEED INC: Seeks to Hire Epiq as Claims and Noticing Agent
--------------------------------------------------------------
Wolfspeed, Inc. and Wolfspeed Texas LLC seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ Epiq
Corporate Restructuring LLC as claims, noticing and solicitation
agent.
Epiq 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 received an advance payment of $25,000 from the Debtors.
Kathryn Tran, director at Epiq Corporate Restructuring, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Kathryn Tran
Epiq Corporate Restructuring, LLC
777 Third Avenue, 12th Floor
New York, NY 10017
About Wolfspeed Inc.
Wolfspeed, Inc. (NYSE:WOLF) is an innovator of wide bandgap
semiconductors, focused on silicon carbide materials and devices
for power applications. Its product families include silicon
carbide materials and power devices targeted for various
applications such as electric vehicles, fast charging and renewable
energy and storage.
On June 30, 2025, Wolfspeed, Inc. and Wolfspeed Texas, LLC each
filed petitions seeking relief under chapter 11 of the United
States Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90163),
with Judge Christopher M. Lopez presiding. The Debtors sought
Chapter 11 protection after reaching a deal with lenders on a
debt-for-equity plan that would reduce debt by $4.6 billion.
Latham & Watkins LLP and Hunton Andrews Kurth LLP are serving as
legal counsel to Wolfspeed, Perella Weinberg Partners is serving as
financial advisor and FTI Consulting is serving as restructuring
advisor. Epiq is the claims agent.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
counsel to the senior secured noteholders and Moelis & Company is
serving as the senior secured noteholders' financial advisor.
Kirkland & Ellis LLP is serving as legal counsel to Renesas
Electronics Corporation, PJT Partners is serving as its financial
advisor, and BofA Securities is serving as its structuring
advisor.
Ropes & Gray LLP is serving as legal counsel to the convertible
debtholders and Ducera Partners is serving as financial advisor to
the convertible debtholders.
WOODCREST CONDOMINIUMS: Seeks Chapter 11 Bankruptcy in D.C.
-----------------------------------------------------------
On July 9, 2025, Woodcrest Condominiums IX LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Columbia. 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 Woodcrest Condominiums IX LLC
Woodcrest Condominiums IX LLC is a residential real estate company
that appears to develop or manage condominium properties in
Washington, DC, operating under the Woodcrest Villas brand. The
company maintains its principal place of business at 454-460
Woodcrest Drive SE in Washington, DC, with its primary operations
in residential building construction as indicated by its NAICS code
2361.
Woodcrest Condominiums IX LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.C. Case No. 25-00265) on July 9,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by Brent C. Strickland, Esq. at
Whiteford Taylor & Preston L.L.P.
WOODHILL NC: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Woodhill NC, LLLC received second interim approval from the U.S.
Bankruptcy Court for the Middle District of North Carolina, Durham
Division, to use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral for essential business expenses as outlined in the
budget, with expenditures exceeding 10% of any line item requiring
court approval.
The Debtor projects total operational expenses of $65,714.66 for
July and August.
The Debtor has several secured creditors with potential claims on
its cash collateral, including TowneBank (with a $7.45 million loan
secured by real estate and rental income), Angela and Gary Hill
(with a $1 million loan), Brian and Moyra Kileff (with loans
totaling up to $6.8 million), and the U.S. Small Business
Administration (with a $79,000 COVID-19 EIDL loan).
As protection for any diminution in value of cash collateral
utilized by the Debtor, secured creditors will be granted a
continuing post-petition replacement lien and security interest in
all property and categories of property of the same extent,
validity, and priority as said creditor held pre-petition.
As further protection, TowneBank will continue to receive a monthly
payment of $16,965.24 from the Debtor.
A final hearing is scheduled for September 4.
The Debtor owns and operates a fully leased commercial shopping
center known as "South Green" in Carrboro, North Carolina. The
shopping center generates approximately $75,000 per month in rental
income, which is the Debtor's sole source of operating revenue. As
of the petition date, the Debtor held approximately $166,740 in
cash and intends to continue collecting rental income post-petition
to maintain business operations.
About Woodhill NC
Woodhill NC, LLLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-80120) on May 20,
2025, listing up to $50,000 in assets and up to $10 million in
liabilities. Brian Kileff, manager of Woodhill NC, signed the
petition.
Judge Lena M. James oversees the case.
Joseph Z. Frost, Esq., at Buckmiller & Frost, PLLC, represents the
Debtor as legal counsel.
WORLD BRANDS: Hires Branch Creek Capital Inc. as Accountant
-----------------------------------------------------------
World Brands, Inc. seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida to employ Branch Creek
Capital, Inc. as accountant.
The firm will prepare the Debtor's 2024 and 2025 Federal Income Tax
Returns.
The firm will be paid at $250 per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
David B. Johnson, a partner at Branch Creek Capital, Inc.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
David B. Johnson
Branch Creek Capital, Inc.
990r Saddle Road,
Tampa, FL 33626
Tel: (813) 928-1235
About World Brands
World Brands, Inc. focuses on custom printed paper packaging.
Additionally, the company offers private label products, tailored
packaging solutions, and book printing services.
World Brands sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Fla. Case No.: 25-12653) on March 12, 2025. In
its petition, the Debtor reported total assets of $2,357,099 and
total Liabilities of $3,692,774.
Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Daniel R. Fogarty, Esq., at Stichter,
Riedel, Blain, & Postler P.A.
WW INTERNATIONAL:S&P Assigns 'B-' ICR on Emergence From Bankruptcy
------------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to New
York-based WW International Inc.
S&P said, "At the same time, we assigned our 'B-' issue-level
rating and '3' recovery rating to the company's senior secured $465
million term loan maturing in 2030, reflecting meaningful recovery
in the event of a default (50%-70%; rounded estate 65%). Currently,
the company does not have a revolver outstanding. However, the
credit agreement permits WW to add up to a $125 million revolving
credit facility, which could be senior to the term loan,
potentially reducing recovery value for term loan lenders. We will
reassess our recovery if the company enters into an agreement.
"The stable outlook reflects our expectation that S&P Global
Ratings-adjusted leverage will remain mid-3x over the next 12
months, with EBITDA interest coverage comfortably above 1.5x. It
also reflects our expectation that WW will begin to generate
positive FOCF in the second half of 2025 and thereafter."
WW emerged from bankruptcy on June 24, 2025, after it filed for
Chapter 11 protection on May 6, 2025. The restructuring reduced
WW's pre-petition debt to $465 million from $1.6 billion and
improved its liquidity position.
The 'B-' rating reflects WW's reduced debt load, lower interest
burden, and positive free operating cash flow (FOCF). Upon its
emergence from bankruptcy, the company reduced its gross debt to
$465 million from $1.6 billion, leading to pro forma S&P Global
Ratings-adjusted leverage of about 3.4x, compared to leverage over
10x prior to the bankruptcy. S&P expects annualized interest
expense of about $51 million considering 2025 SOFR, down from $107
million in 2024, which should sustain EBITDA interest coverage
comfortably above 1.5x. WW's new capital structure with reduced
interest expense provides greater financial flexibility to generate
FOCF of at least $40 million annually, with its asset-light
business model.
S&P said, "Under our base case, we expect S&P Global
Ratings-adjusted debt to EBITDA of 3.4x in 2025 with annualized
EBITDA interest coverage above 2x. This is a notable improvement
compared to debt to EBITDA of 11x and interest coverage of 1.3x for
the last-12-months ended March 29, 2025. In additional to the
significant debt reduction which improves credit metrics, we
forecast a modest EBITDA increase in 2025 driven by reduced G&A
from headcount cuts implemented in 2024, and lower marketing
spending amid a strategic shift toward more effective platforms
like social media. We expect modest cost-cutting efforts to improve
operating efficiency over the next 12 months, though we do not
anticipate robust restructuring following several years of elevated
costs. We forecast WW will generate about $53 million in the second
half of 2025, leading to $170 million of cash on hand at year-end
2025 compared to $117 million pro forma for the transaction.
"Revenue will continue to decline due to continued subscriber
declines in the digital and workshop segments, in our view. In
2025, we anticipate revenue will decline 11% compared to 11.6% in
2024 due to overall declining brand loyalty and reputation for
WeightWatchers as new brands emerge, coupled with an aging
demographic of existing subscribers. However, in 2026 we expect
revenue decline will improve to 6.5% driven by higher pricing and
greater clinical segment growth. In 2026, we expect a shift away
from historical discounting, with pricing for digital and workshop
offerings remaining stable or trending upward. However, this
strategy may heighten subscriber losses due to price sensitivity,
especially in a weaker macroeconomic environment with numerous
competing weight loss options.
"We expect profitability to decline in 2026. In 2026, we expect
EBITDA to decline approximately 15%, driven by gross margin
contraction as clinical sales, which are lower margin given high
costs of clinicians, make up a larger share of revenue.
Additionally, we expect greater investment in the business in 2026
to drive growth following the launch of new programs and expanded
distribution through partnerships. Despite this, we project WW will
likely generate around $46 million of FOCF, benefiting from a full
year of lower interest expense and the absence of major transaction
or restructuring charges."
However, credit metrics should improve in 2026 due to mandatory
debt repayment provisions. The new term loan facility requires 100%
of unrestricted cash on hand that exceeds $100 million to repay the
term loan. This begins on June 24, 2026, and we expect the company
to make debt repayments on that date annually thereafter (which is
the company's seasonal low point for cash flow); the debt cannot be
prepaid at other times during the year. If performance falls short
and cash on hand remains near or below $100 million, credit metrics
could deteriorate. In 2026 S&P forecasts debt to EBITDA of 3.1x and
interest coverage of 2.8x after debt repayment.
WW's operating performance relies heavily on scaling its clinical
business, which is a risk given high competition, evolving dynamics
with pharmaceutical companies, and regulatory constraints. In April
2023, WW acquired Weekend Health Inc. (doing business as Sequence).
While viewed as a potential credit positive at the time, initial
adoption was slower than expected due to GLP-1 supply shortages and
high prices of branded drugs, limited consumer awareness, and WW's
early decision not to offer compounded medications--an area where
competitors gained market share. WW reversed this stance in late
2024, introducing compounded options amid ongoing branded
shortages, which drove a 43,000 subscriber increase in the first
quarter of 2025--its strongest clinical subscriber gain to date.
However, with branded supply now stabilized and the FDA's ban on
compounded GLP-1s effective as of May 22, 2025, S&P expects WW to
discontinue compounded offerings, which will result in clinical
subscriber declines through the remainder of 2025.
To grow clinical, WW will focus on increasing awareness of its
clinical platform to drive subscriber growth and thus overall
revenue, expanding distribution through big pharma and employer
partnerships, and expanding into adjacent weight-related clinical
categories, like women's health. S&P said, "We continue to expect
WW's clinical strategy to focus on converting users to lower-cost
behavioral programs post-medication, which supports EBITDA through
more efficient customer acquisition. Still, given the relatively
small clinical base, we don't expect this to fully offset ongoing
declines in other segments for several years."
Notably, WW recently partnered with Novo Nordisk and Eli Lilly to
expand access to Wegovy and Zepbound through its WeightWatchers
Clinic. However, access to medication is not exclusive to WW. While
this is a positive development which may lead to greater clinical
subscriber growth, the landscape around weight loss drugs and big
pharma remains new and rapidly evolving. WW's success appears
increasingly dependent on favorable developments in this space,
which is a risk.
Ultimately, while WW's financial profile has improved, secular
pressures and high competition continue to pose signficant risk.
Revenues and subscribers have declined steadily since 2019, with
annual revenue falling 10%-15% each year since 2021, following
single-digit percent declines in prior years. The company has
struggled to compete with newer brands and has frequently shifted
its strategy to stay relevant, leading to the WeightWatchers brand
losing traction with Millennials and Gen Z while its core
demographic continues to age out. More recently, the rise of GLP-1
weight loss drugs has accelerated these declines. In 2025, S&P
expects WW to be roughly half its 2019 size, with projected revenue
of about $700 million and EBITDA of $146 million, compared to $1.4
billion and $400 million, respectively, in 2019.
As of March 31, 2025, total subscribers stood at approximately 3.4
million--the lowest first-quarter level in several years, compared
to the typical 4 million subscribers or more. Moreover,
first-quarter subscriber growth in 2025 was just 100,000, well
below the historical 400,000–500,000 net increase, reflecting
weaker new member acquisition given alternatives like competing
brands, do-it-yourself approaches, and weight loss drugs. In 2026,
S&P projects first-quarter subscribers will fall further to 2.9
million; however, subscriber declines could be greater than we
forecast given uncertainty in the successfulness of the company's
new strategy, and its ability to slow declines. These trends may
contribute to continued underperformance, weaker credit metrics,
and diminished cash flow over time.
S&P said, "The stable outlook reflects our expectation that WW's
S&P Global Ratings-adjusted leverage will remain mid-3x over the
next 12 months, with EBITDA interest coverage comfortably above
1.5x. It also reflects our expectation that WW will begin to
generate positive FOCF in the second half of 2025 and thereafter.
"We could lower the rating if we expect WW's EBITDA interest will
decline below 1.5x or if it cannot generate sustainable positive
FOCF, resulting in its capital structure becoming unsustainable."
This could occur if:
-- The clinical business fails to scale sufficiently to offset
ongoing declines in digital and workshop revenue, or subscriber
declines in digital and workshop are steeper than expected,
pressuring gross margins as the lower-margin clinical segment grows
in mix;
-- Operating expenses exceed expectations, including higher
marketing or restructuring charges; or
-- Weaker cash flow delays planned debt repayment.
While unlikely over the next 12 months, S&P could raise the rating
if it expects EBITDA interest coverage to be sustained above 3x.
This could occur if:
-- Revenue improves from a substantial increase in clinical
subscribers potentially from new business partnerships, and
expansion into adjacent categories; and
-- The company successfully repays debt from cash and reduces its
interest burden.
S&P could also raise the rating if uncertainty in the business
diminishes, demonstrated through solid growth in the clinical
segment that also translates to improving subscriber trends in the
core digital and workshop segments.
XYZ HOME: Ch. 11 Affiliate Taps Keller Williams Realty as Broker
----------------------------------------------------------------
B&H SFR, LLC, an affiliate in the Chapter 11 cases of XYZ Home
Buyers LLC, seeks approval from the U.S. Bankruptcy Court for the
Middle District of Georgia to employ Keller Williams Realty Augusta
Partners as real estate broker.
The Debtor needs a broker to market and sell its property located
at 2028 Wharton Drive Augusta, Georgia.
The broker will receive a commission of 3.5 percent of the
property's gross purchase price.
Joseph Lewis, a real estate agent at Keller Williams Realty Augusta
Partners, 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:
Joseph Lewis
Keller Williams Realty Augusta Partners
3633 Wheeler Rd., #125
Augusta, GA 30909
Telephone: (706) 868-3772
About XYZ Home Buyers
XYZ Home Buyers, LLC, manages multiple residential rental
properties.
XYZ Home Buyers and its affiliates filed their Chapter 11
bankruptcy petitions (Bankr. M.D. Ga. Lead Case No. 25-40081) on
Feb. 7, 2025, listing up to $500,000 in both assets and
liabilities. James Bell, chief restructuring officer, signed the
petitions.
Judge John T. Laney, III, oversees the cases.
Thomas McClendon, Esq., at Jones & Walden LLC serves as the
Debtors' counsel.
YELLOW CORP: Sells 4 Terminals for $3.95 Million
------------------------------------------------
Todd Maiden of Freight Waves reports that several real estate
investors have agreed to purchase four former Yellow Corp.
terminals for a combined $3.95 million, according to a recent
filing in the U.S. Bankruptcy Court in Delaware.
The bankrupt less-than-truckload (LTL) carrier has sold off more
than 200 terminals, generating approximately $2.4 billion since
filing for Chapter 11 in 2023, according to the report.
The latest properties being sold include a 50-door terminal in
Birmingham, Alabama, valued at $1.55 million; a 30-door terminal
near Pittsburgh for $1.53 million; a 29-door facility in Columbia,
South Carolina, priced at $650,000; and a 12-door terminal in
Fairfield, Maine, for $225,000. No LTL carriers appear to be
involved in these transactions, according to Freight Waves.
Proceeds from the sales will go toward satisfying claims against
Yellow's estate, including those related to employee paid time off,
sick leave, and claims under the Worker Adjustment and Retraining
Notification (WARN) Act, the report states.
In March, the Teamsters union appealed a prior court decision that
released Yellow from WARN Act liability, according to report.
As of the end of May, Yellow's estate reported holding $621 million
in cash and has spent over $165 million on legal and advisory fees
since the start of its liquidation, the report states.
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.
[] Bankrupt US Small Firms Bound by Debt Discharge Limitations
--------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that companies reorganizing
under Subchapter V of Chapter 11 -- designed for small businesses
-- cannot discharge debts arising from willful or malicious
conduct, a third federal appeals court has ruled.
In a published decision Wednesday, July 9, 2025, the U.S. Court of
Appeals for the Eleventh Circuit held that the Small Business
Reorganization Act of 2019 does not permit either individual or
corporate debtors to eliminate debts barred from discharge under
Section 523 of the Bankruptcy Code.
The ruling pushes back on some bankruptcy courts' interpretations
of Subchapter V, which had allowed corporate debtors to sidestep
certain discharge restrictions.
[] Bankruptcies Led to Closure of About 350 Restaurants in 2024
---------------------------------------------------------------
Restaurant Business reports that bankruptcies took a significant
toll on the full-service restaurant industry in 2024, leading to
the closure of 348 sit-down dining locations, according to data
from Technomic. These closures represented about 1.3% of all
full-service restaurants included in the firm's Top 500 U.S.
chains.
The majority of closures came from TGI Fridays and Red Lobster,
which filed for Chapter 11 bankruptcy last year and shut down 134
and 131 locations, respectively. Hooters, which filed in March
2025, closed 41 stores in 2024 and has since shuttered another 30
this year. On the Border and Buca di Beppo each closed over 20
locations before entering bankruptcy. These closures marked the end
of a three-year stretch of growth among Top 500 full-service chains
following the COVID-19 pandemic, according to Restaurant Business.
More than 16 restaurant companies filed for bankruptcy in 2024,
driven by a combination of soaring costs, reduced customer visits,
and lingering pandemic-related debt. Full-service chains were
especially hard-hit, with Red Lobster and TGI Fridays representing
the year's largest bankruptcies. Such filings often trigger
widespread closures as companies cut costs and restructure
operations.
The decline isn't entirely unexpected. The full-service sector has
been under pressure for years, with more diners opting for takeout
or fast-casual alternatives. As of January 2025, nearly 75% of
restaurant visits were off-premise, according to the National
Restaurant Association.
The trend extends beyond 2024. Technomic reports that the number of
full-service restaurants has declined in four of the past five
years and is now nearly 18% smaller than in 2019, when there were
close to 349,000 such establishments in the U.S. The contraction
wasn't limited to bankrupt brands. Denny's closed 73 locations,
Frisch's Big Boy shut down 57 -- over 60% of its total footprint --
and Applebee's ended the year with 35 fewer units, continuing a
nine-year streak of net closures. Even Chili's, one of the stronger
performers in the segment, closed 21 locations in 2024, according
to report.
Despite the setbacks, early signs of recovery have emerged in 2025.
Chains like Chili's, Texas Roadhouse, and Olive Garden are seeing
strong performance, with same-store sales among publicly traded
casual-dining brands rising 0.6% in the first quarter—outpacing
the overall industry decline of 0.17%, the report states.
"Consumers are recognizing the value casual dining offers," said
Darden Restaurants CEO Rick Cardenas during an earnings call.
"They're willing to spend their hard-earned money, and we believe
we're gaining share from fast food and fast casual."
[] BOOK REVIEW: Bendix-Martin Marietta Takeover War
---------------------------------------------------
MERGER: The Exclusive Inside Story of the Bendix-Martin Marietta
Takeover War
Author: Peter F. Hartz
Publisher: Beard Books
Soft cover: 418 pages
List Price: $34.95
Review by Gail Owens Hoelscher
http://www.beardbooks.com/beardbooks/merger.html
William Agee, the youngest man ever to head one of the top 100
American corporations, seemed unstoppable. In 1977, at the age of
39, he took over Bendix Corporation, an aerospace, automotive, and
industrial firm, determined to diversify the company out of the
automotive industry. In his words, "Automobile brakes are in the
winter of their life and so is the entire automobile industry." He
sold off a few Bendix units, got some cash together, and began to
look for acquisitions.
Then Agee's relationship with Mary Cunningham burst into the news.
Agee had promoted Cunningham from his executive assistant to vice
president, to the outrage of other Bendix employees. Their affair,
replete with power, brains, youth, good looks, charm, denial, and
deceit, fascinated the American public. Cunningham was forced to
leave Bendix to work for Seagrams, with the entire country
wondering just how well she would do. The two divorced their
respective spouses and married soon thereafter. To the chagrin of
many, Cunningham continued to play a pivotal role in Bendix
affairs.
Eager to regain his standing, Agee turned to acquisition as soon as
the gossip died down. A failed attempt to acquire RCA left him more
determined than ever. He then set his sights on Martin-Marietta, an
undervalued gem in the 1982 stock market slump.
Thus began an all-out war of tenders and countertenders, egoism and
conceit, half-truths and dissimulation, and sudden alliances and
last-minute court decisions.
This is a very exciting account of the war's scuffles, skirmishes,
and battles. The author, son of a long-time Bendix director, was
able to interview some of the major participants who most likely
would have refused the requests of other authors. Some gave him
access to personal notes from the various proceedings. The author
thoroughly researched the documents involved in the takeover war,
as well as news reports and press releases. He explains the
complicated legal maneuverings very clearly, all the while keeping
the reader entertained with the personal lives and thoughts of the
players.
People love this book. The New York Times Book Review said
"Aggression and treachery, hairbreadth escapes and last-minute
reversals, "white knights" and "shark repellants" -- all of these
and more can be found in the true-life adventure of the
Bendix-Martin Marietta merger war." The Wall Street Journal said
"Merger brims with tension, authentic-sounding dialogue and insider
detail."
Peter F. Hartz was born in Toronto, Canada, in 1953, and moved to
the U.S. as a child. He holds degrees from Colgate University and
Brown University. He lives in Toluca Lake, California.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
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public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
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equity securities trade in public market are determined by more
than a balance sheet solvency test.
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liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
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Each Friday's edition of the TCR includes a review about a book of
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then-ending.
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*********
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