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T R O U B L E D C O M P A N Y R E P O R T E R
Friday, July 18, 2025, Vol. 29, No. 198
Headlines
1440 FOODS: S&P Alters Outlook to Negative, Affirms 'B-' ICR
1708 S. RACINE: Hires Weissberg and Associates as Attorney
3 FIFTHS HOLDINGS: Seeks Chapter 11 Bankruptcy in Florida
A TO Z PACKAGING: Cameron McCord Named Subchapter V Trustee
ACADEMIES OF MATH: S&P Rates 2025A/B Revenue Bonds 'BB+'
ADM TRONICS: Delays FY25 10-K Due to Pending Financial Review
AECOM: Moody's Rates New $1BB Sr. Unsecured Notes Due 2033 'Ba2'
AECOM: S&P Assigns 'BB' Rating on New $1BB Senior Unsecured Notes
ALTERRA MOUNTAIN: Moody's Rates New $25MM Term Loan Add-on 'B1'
ALTERRA MOUNTAIN: S&P Rates Proposed $716MM Term Loan B 'B+'
ALTICE USA: Gets $1B ABL-Backed Term Loan from TPG, Goldman Sachs
AMERICAN BOATHOUSE: L. Todd Budgen Named Subchapter V Trustee
AMICI MONROE: Leon Jones Named Subchapter V Trustee
APPLIED DNA: Cuts 27% of Staff, Shuts Down ADCL to Focus on LineaRx
ARCHDIOCESE OF NEW ORLEANS: Submits New Plan to Resolve Bankruptcy
AUXILIARY OPERATIONS: Hires Hester Baker Krebs LLC as Counsel
AVON PRODUCTS: Ch. 11 Filing Made in 'Bad Faith', Insurers Say
B & W ENTERPRISES: Section 341(a) Meeting of Creditors on August 12
BANGL LLC: S&P Withdraws 'BB-' Issuer-Credit Rating
BECKHAM JEWELRY: Gets Final OK to Use Cash Collateral
BEELINE HOLDINGS: Raises $6.5M Equity, Cuts $5.3M Debt in Q2 Update
BESPOKE CONSTRUCTION: Case Summary & 20 Top Unsecured Creditors
BIMERGEN ENERGY: Cancels 1.29M Shares After Favorable Court Ruling
BINFORD FARMS: Seeks to Hire Thompson Burton as Bankruptcy Counsel
BIOLINERX LTD: Shareholders OK All Proposals at 2025 AGM
BORDER PROPERTIES: To Sell 2023 Forest RV to Camping World for $38K
BOSTON TRADE CENTER: Seeks Chapter 11 Bankruptcy in Massachusetts
BRIDGE PLAZA CONDOMINIUM: Seeks Chapter 11 Bankruptcy in New Jersey
BRIDGE PLAZA: Case Summary & Nine Unsecured Creditors
BROADWAY REALTY: Cash Collateral Access Extended to Aug. 5
CAMBER ENERGY: Completes Conversion of Series C Preferred Stock
CARESTREAM HEALTH: Moody's Cuts CFR to Caa2 & Alters Outlook to Neg
CARROLLTON GATEWAY: Hires MMGREATX LLC as Real Estate Broker
CASCADE PARENT: S&P Downgrades ICR to 'CCC+', Outlook Negative
CAZENOVIA COLLEGE: Reaches Deal to Sell College to Matta Fresca
CEC ENTERTAINMENT: In Deal Talks with Equity Investors
CENTENE CORP: Moody's Alters Outlook on 'Ba1' CFR to Negative
CENTURY ALUMINUM: S&P Rates New $400MM Senior Secured Notes 'B'
CHAMBERLAIN GROUP: S&P Rates New $3.28BB First-Lien Term Loan 'B'
CHARIOT BUYER: Moody's Affirms B3 CFR & Rates 1st Lien Loans B3
CINEMARK HOLDINGS: Lowers Interest Rate on Term Loan by 0.50%
CINEMAWORLD OF FLORIDA: To Sell Melbourne Property to GT Holdings
CLASSIC CONSTRUCTION: Hires Demarco·Mitchell PLLC as Counsel
CLUBCORP HOLDINGS: S&P Withdraws 'CCC+' Issuer Credit Rating
COACH USA: To Lay Off 100+ Workers, To Close Elko Facility
COHERENT CORP: S&P Alters Outlook to Stable, Affirms 'BB-' ICR
COLORADO MG 1031: Seeks Chapter 11 Bankruptcy in Texas
COPPEDGE PROPERTY: Seeks Subchapter V of Virginia
CORNERSTONE HOME: Court Denies Bid to Extend Use of Cash Collateral
CORVIAS CAMPUS: Hires Holland & Knight LLP as Corporate Counsel
CRYSTAL AND FAMILY: John Whaley Named Subchapter V Trustee
DEL MONTE FOODS: Hires Alvarez & Marsal to Provide CRO
DEL MONTE: Bankruptcy Puts Saddle Creek at Risk of $1.35MM Losses
DENVER BOULDERING: Jonathan Dickey Named Subchapter V Trustee
DIOCESE OF OAKLAND: Wants to Postpone Chapter 11 Exit as Fees Soar
DIOCESE OF SAN DIEGO: Saunders Represents Sexual Abuse Claimants
DIRECTV ENTERTAINMENT: S&P Downgrades ICR to 'B+' on Sale to TPG
DIVISION 2 TRUCKING: Case Summary & 20 Top Unsecured Creditors
DOCUDATA SOLUTIONS: Plan Exclusivity Extended to Sept. 29
DP LOUISIANA: Hires Heller Draper & Horn LLC as Counsel
EIF CHANNELVIEW: S&P Rates Secured First-Lien Term Loan B 'BB-'
ENCORE GC ACQUISITION: Seeks Chapter 11 Bankruptcy in Texas
FORTRESS HOLDINGS: Unsecureds to be Paid in Full over 5 Years
FRANCHISE GROUP: Aug. 18 TopCo Professional Fee Claims Bar Date
FRANCIS TRUST: Final Hearing to Use Cash Collateral Set for July 22
FRESH START: Ruediger Mueller Named Subchapter V Trustee
FSH MAINTENANCE: Unsecureds to Get Share of Income for 3 Years
GCI LLC: S&P Upgrades ICR to 'BB-', Off CreditWatch Negative
GEO GROUP: Moody's Affirms 'B2' CFR & Alters Outlook to Positive
GEO GROUP: S&P Upgrades ICR to 'BB-' on Debt Reduction
GLOBAL CONCESSIONS: Seeks to Extend Plan Exclusivity to Nov. 28
GULFSTREAM YACHT: Hires Mark S. Roher P.A as Counsel
HIGHER GROUND: US Trustee Opposes Bankruptcy Loan
HILT 2025-NVIL: Moody's Assigns B3 Rating to Cl. F Certs
HOOTERS OF AMERICA: Plan Confirmation Hearing Scheduled for Aug. 20
ICON LLC: Section 341(a) Meeting of Creditors on August 7
ICORECONNECT INC: Hire Burr & Forman LLP as Special Counsel
INDIVIDUALIZED ABA: Quality of Care Maintained, 4th PCO Report Says
ISAVA ENTERPRISE: Seeks Subchapter V Bankruptcy in Florida
JAB ENERGY: Allison Marine Can't Be Sued, 3rd Circuit Says
JAGUAR HEALTH: Swaps Royalty Interests for Series M Preferred Stock
JANE STREET: Moody's Affirms ‘Ba1’ Issuer Rating, Outlook Stable
JANE STREET: S&P Alters Outlook to Stable, Affirms 'BB' ICR
JFL-TIGER ACQUISITION: Moody's Affirms 'B2' CFR, Outlook Stable
JND TROPICS: Seeks to Hire James Ullman as Legal Counsel
JOSHUA MANAGEMENT: Section 341(a) Meeting of Creditors on August 13
KARBONX CORP: Closes $314K Asset Deal for Allcot Projects
KIM ENGINEERING: Seeks Chapter 11 Bankruptcy in Maryland
LACKAWANNA ENERGY: Moody's Rates New $1.09BB Bank Loans 'Ba3'
LAVIE CARE: No Decline in Resident Care, PCO Report Says
LEVI STRAUSS: S&P Rates New EUR475MM Senior Unsecured Notes 'BB+'
LIFESCAN GLOBAL: Case Summary & 30 Largest Unsecured Creditors
LIFESCAN GLOBAL: Wins Court OK to Hire Epiq as Counsel
LINQTO INC: Sapien Group Says Co. Engineered Chapter 11 in Texas
MACY'S RETAIL: Moody's Rates New Senior Unsecured Notes 'Ba2'
MACY'S RETAIL: S&P Rates New $500MM Senior Unsecured Notes 'BB+'
MAGENTA BUYER: S&P Affirms 'CCC+' ICR, Outlook Negative
MARI ARI: Voluntary Chapter 11 Case Summary
MARIN SOFTWARE: Hires Donlin Recano & Company as Advisor
MARIN SOFTWARE: Hires Fenwick & West LLP as Corporate Counsel
MARIN SOFTWARE: Hires Pachulski Stang Ziehl as Counsel
MARTINS INTERSTATE: Edgewater Property Sale to Williams Co. OK'd
MCPHILLIPS FLYING: Case Summary & Four Unsecured Creditors
MEATHEADZ LLC: Gets Interim OK to Use Cash Collateral Until Aug. 15
METADOOR RESTAURANT: Seeks Chapter 11 Bankruptcy in South Carolina
MICROTRAKS INC: Eric Terry Named Subchapter V Trustee
MID-COLORADO INVESTMENT: Hires Overturf Mcgath as Special Counsel
MILESTONE LLC: Seeks Chapter 11 Bankruptcy in Illinois
MILLERKNOLL INC: Moody's Rates New $550MM 1st Lien Term Loan 'Ba2'
MILLERKNOLL INC: S&P Rates Proposed Term Loan B 'BB+'
NETCAPITAL INC: Issues 500K Shares for Horizon Software Agreement
NEW CHESTER HOLDINGS: Seeks Subchapter V Bankruptcy in Pennsylvania
NEW FORTRESS: S&P Lowers ICR to 'CCC' on Mounting Refinancing Risk
NORTH WHITEVILLE: Hires Streeter Tax Consultants as Accountant
NORTHERN LIBERTIES: Unsecureds to Get 100 Cents on Dollar in Plan
PARK-OHIO INDUSTRIES: Moody's Affirms 'B2' CFR, Outlook Stable
PARK-OHIO INDUSTRIES: S&P Rates New $350MM Sr. Secured Notes 'B-'
PAULAZ ENTERPRISES: Seeks Chapter 11 Bankruptcy in Florida
PINEY POINT: To Sell Multifamily Property to Pegasus Ablon for $85M
PINSEEKERS DEFOREST: Hires Capital Valuation as Appraiser
PORCELANATTO CORP: Linda Leali Named Subchapter V Trustee
PROFRAC HOLDING: Adds $60M in 2029 Notes, Cuts 2025 Loan Payments
PROFRAC HOLDINGS II: Moody's Cuts CFR to Caa1, Outlook Stable
PROJECT PIZZA: Christopher Hayes Named Subchapter V Trustee
PROVIDENT GROUP: S&P Affirms 'BB-' Rating on Housing Revenue Bond
R.A.R.E. CORP: Court Extends Cash Collateral Access to Aug. 7
RADIATE HOLDCO: S&P Upgrades ICR to 'CCC+' Following Restructuring
REBELLION POINT: Gets Extension to Access Cash Collateral
REENVISION AESTHETICS: No Supply Concerns, 2nd PCO Report Says
RELENTLESS HOLDINGS: Seeks 30-Day Extension of Plan Filing Deadline
REMEMBER ME: PCO Reports No Change in Resident Care
RT ACQUISITION: Hires Keller Williams as Real Estate Agent
RTI HOLDING: Ex-Execs Bid to Revive Retirement Benefits Suit Denied
RUNITONETIME LLC: Latham & Watkins Advises Maverick in Chapter 11
RUNITONETIME LLC: Ropes & Porter Hedges Represent Term Lenders
RUNITONETIME LLC: To Close 4 Casinos in Washington
SANTA PAULA: Court OKs Bid Rules for 1990 Ferrari Sale
SCANROCK OIL: Gets Court OK to Solicit Chapter 11 Plan Votes
SEBASTIAN TECH: Unsecureds Will Get 100% of Claims over 5 Years
SOUTHWEST FT WORTH: Susan Goodman Files First PCO Report
SPECIALTY CARTRIDGE: To Sell Equipment to Super Vel for $749K
SPENCER & ASSOCIATES: Unsecureds Will Get 13.09% over 5 Years
SPRAYTECH LLC: Matthew Brash of Newpoint Named Subchapter V Trustee
SSH HOLDINGS: S&P Downgrades ICR to 'B+', Outlook Stable
STEWARD HEALTH: Court Approves Chapter 11 Wind-Down Plan
STEWARD HEALTH: Sues Ex-CEO for 'Greed' Causing Co.'s Collapse
STONE BRIDGE: Seeks Subchapter V Bankruptcy in Pennsylvania
STORMS FAMILY: U.S. Trustee Unable to Appoint Committee
STRATHCONA RESOURCES: S&P Upgrades ICR to 'BB-', Outlook Stable
SUMMIT K2: Moody's Affirms 'B3' CFR, Outlook Stable
SUPERIOR PLUS: S&P Affirms 'BB-' ICR on Revised Business Risk
SYSOREX GOVERNMENT: Cullen Denies Conflict of Interest
TAMARACK VALLEY: S&P Rates New C$200MM Senior Unsecured Notes 'B+'
TERRA STATE COLLEGE: Moody's Cuts Issuer & Rev. Bond Rating to Caa1
TGI FRIDAY'S: Seeks to Extend Plan Exclusivity to August 29
TIFARET DISCOUNT: Seeks to Hire Leo Fox as Bankruptcy Counsel
TODD CREEK FARMS: Section 341(a) Meeting of Creditors on August 18
TOR WELLNESS: Case Summary & 13 Unsecured Creditors
TRIPLESHOT HOLDINGS: Kathleen DiSanto Named Subchapter V Trustee
TZADIK SIOUX: Files Emergency Bid to Use Cash Collateral
UNIVISION COMMUNICATIONS: S&P Rates New $1BB Secured Notes 'B+'
VARSITY BRANDS: S&P Upgrades ICR to 'B', Outlook Stable
VIRTUAL MEDICAL: Unsecured Creditors to Split $22K in Plan
VISION CARE: Court Extends Cash Collateral Access to Oct. 11
WEST DEPTFORD: Moody's Rates New $350MM Secured Loans 'Ba3'
WEST DEPTFORD: S&P Assigns Prelim 'B+' Rating on Sec. Term Loan B
WILDFANG HOLDINGS: Case Summary & Two Unsecured Creditors
WORK 'N GEAR: Case Summary & 20 Largest Unsecured Creditors
WORK 'N GEAR: Section 341(a) Meeting of Creditors on August 13
YMCA GREATER HOUSTON: Moody's Lowers Revenue Bond Ratings to Ba2
[] BOOK REVIEW: Taking Charge
[] Moody's Upgrades Ratings on 18 Bonds From 4 US RMBS Deals
[^] 2025 Distressed Investing Conference: Registration Now Open!
[^] Recent Small-Dollar & Individual Chapter 11 Filings
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1440 FOODS: S&P Alters Outlook to Negative, Affirms 'B-' ICR
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S&P Global Ratings revised its outlook on U.S.-based functional
snacking and active nutrition manufacturer and marketer 1440 Foods
Topco LLC, to negative from stable and affirmed its 'B-' issuer
credit rating. Concurrently, S&P affirmed the 'B-' issue-level
rating on the $732 million first-lien term loan due in 2031 and
'CCC' rating on the $150 million second-lien term loan due in 2031.
The respective recovery ratings of '3' and '6' are unchanged.
The negative outlook reflects the probability that S&P will lower
the ratings over the next few quarters if 1440 Foods cannot improve
profitability and its capital structure becomes unsustainable.
1440 Foods Topco LLC reported sharply weaker-than-expected earnings
and cash flow in the first half of fiscal 2025.
While the company is taking steps to reverse performance declines
in fiscal 2026, S&P believes the intensifying competitive landscape
will pressure its performance and reduce EBITDA and cash flow more
than it projected.
S&P said, "The outlook revision to negative from stable reflects
1440 Foods' weak credit metrics through the second quarter and our
revised expectation of lower profitability over the next 12 months.
We lowered our forecast after 1440 Foods significantly
underperformed our prior forecast during the first half of fiscal
2025. Moreover, we believe profitability will remain depressed over
at least the next two quarters because of continued subdued
performance at recently acquired FitCrunch. Our updated fiscal 2025
forecast for S&P Global Ratings-adjusted EBITDA is about 40% lower
than our prior estimate. We now expect S&P Global Ratings-adjusted
leverage of more than 10x (previously 7.2x) and cash EBITDA
interest coverage of about 1x (previously 1.6x) as lower
profitability and heightened capital expenditure (capex) pressure
cash flow. We forecast a reported free operating cash flow (FOCF)
deficit of about $50 million in fiscal 2025. Total liquidity,
including cash balances and asset-based lending (ABL) revolver
availability, declined to $123 million at the end of the second
quarter of fiscal 2025 from about $200 million at close of the
FitCrunch acquisition in November 2024. While we forecast material
improvement in fiscal 2026, 1440 Foods' ability to execute growth
and integration initiatives and expand profit remains uncertain.
Business prospects for the FitCrunch brand have deteriorated
materially." FitCrunch revenues declined 16.7% in the second fiscal
quarter after declining 3.8% in the first amid aggressive
competition from players such as Built Bars in the club channel
(which represents majority of total sales for the FitCrunch brand).
Investments in innovation and changes in product features such as
taste, texture and flavor enabled these competitive offerings to
win over consumers. A revitalization plan, FitCrunch 2.0, focuses
on revamping packaging and repositioning the brand as an indulgent
offering while emphasizing its chef-inspired roots.
While 1440 Foods has a credible plan to stem FitCrunch's market
share losses and resume sales and profitability growth, S&P
believes it will take time. It is uncertain if the brand can regain
its foothold in the highly competitive protein bars category.
Moreover, S&P believes the category remains susceptible to changing
consumer preferences because consumers seeking lower carbohydrate
or sugar content in bars may pursue substitutes.
The company's largest brand, Pure Protein, increased revenues 14%
during the first half on a shift to a lower SKU count, while the
Met-Rx and Body Fortress brands were flat. S&P forecasts total
consolidated revenues will expand about 2.5% in fiscal 2025 versus
its previous expectation of 13.5% total revenue growth, which
required FitCrunch's revenues increasing 25%.
Revenue declines at FitCrunch and one-time costs will constrain
profitability at least through fiscal 2025. FitCrunch's weak
top-line performance had a disproportionate impact on 1440 Foods'
pro forma overall profitability. The brand enjoys higher
stand-alone margins due to lower costs associated with its in-house
manufacturing. 1440 Foods incurred about $7 million of integration
costs related to the FitCrunch acquisition in the first six months
of fiscal 2025. About $7 million in incremental operating expenses
to support the facility buildout for bringing 1440 Foods' legacy
brands production in-house also pressured profits. These costs were
partially offset by the realization of about $3 million of
synergies from FitCrunch. S&P believes FitCrunch's operating
performance will remain pressured at least through fiscal 2025.
The company will also continue to incur costs related to its
vertical integration project. It will need to navigate these
operating headwinds amid significant management changes following
the recent resignation of CEO Patrick Cornacchiculo, which can
prove challenging. S&P said, "We now expect S&P Global
Ratings-adjusted EBITDA margin of about 13% in fiscal 2025. We
previously expected EBITDA margins to improve to about 18.5% from
17% on a pro forma basis in fiscal 2024."
1440 Foods expects to achieve about $28 million of annual savings
once the vertical integration of its manufacturing processes is
complete. S&P said, "We believe the company will benefit from a
reduction in tolling costs for bars and powders, lower inbound
freight expense, and warehouse savings with elimination of
repacking. It will begin to realize some of these savings in fiscal
2026. We also expect roughly $14 million in total synergies from
FitCrunch as 1440 Foods eliminates duplicate roles in various
functions. It will likely realize other synergies by leveraging the
combined company's size to reduce procurement, logistics, and other
operating costs."
S&P said, "We forecast FOCF to turn positive in fiscal 2026 after
steep deficits in fiscal 2025, though execution risks remain. 1440
Foods incurred capex of about $26 million during the first two
quarters of fiscal 2025, of which $20 million was aimed at
supporting investments for the vertical integration of its
manufacturing. We believe the company is nearing the completion of
the facility buildout and will spend an additional $5 million for
completing the project in the second half. We also believe it will
need to make incremental working capital investments to support the
ramp-up on in-house production. The project entails significant
execution risks and constrains operating flexibility due to higher
fixed operating overheads, in our view. We also believe insourcing
production exposes 1440 Foods to greater downside if demand is
soft.
"Nevertheless, we believe 1440 Foods' total capex will normalize to
$10 million-$12 million annually beginning fiscal 2026. We believe
the reduction, coupled with modest improvements in profitability,
should enable the company to generate positive FOCF in fiscal
2026.
"The negative outlook reflects the probability that we lower the
ratings over the next few quarters if 1440 Foods cannot improve
profitability and we view its capital structure as unsustainable.
"We could lower our rating on 1440 Foods if the company generates
sustained negative FOCF or if EBITDA cash interest coverage remains
below 1.5x." This could occur if the company:
-- Faces revenue declines from aggressive competitive activity and
lost shelf space at key customers;
-- Incurs higher costs or cannot realize the projected savings
related to its verticalization project; or
-- Cannot mitigate higher than expected input cost inflation.
S&P could revise the outlook to stable if performance improves such
that:
-- S&P Global Ratings-adjusted EBITDA cash interest coverage is
above 1.5x; and
-- FOCF is sustainably positive.
1708 S. RACINE: Hires Weissberg and Associates as Attorney
----------------------------------------------------------
1708 S. Racine, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Illinois to employ Weissberg and
Associates, Ltd. as attorney.
The firm will provide these services:
a. give the Debtor legal advice and assistance with respect to
its powers and duties as a debtor-in-possession;
b. assist the Debtor in the negotiation, formulation and
drafting of a Plan of Reorganization and Disclosure Statement and
to represent Debtor in the confirmation process;
c. examine the claims asserted against Debtor;
d. take such action as may be necessary with reference to
claims that may be asserted against Debtor, and to prepare, on
behalf of Debtor, such applications, motions, complaints, orders,
reports and other legal papers as may be necessary in connection
with this proceeding and to perform all other legal services for
Debtor which may be required;
e. assist and represent the Debtor in all adversary
proceedings and contested matters, including motions for the use of
cash collateral, for the sale of real and personal property, to
modify the automatic stay, for the approval of DIP financing and to
appoint professionals;
f. represent the Debtor in its dealings with the Office of the
United States Trustee and with creditors of the estate; and
g. assist and represent Debtor in litigation in the State and
Federal courts, where Debtor is a party or seeking to become a
party, or otherwise become involved to protect Debtor's interests
and rights.
The firm will be paid at $475 per hour.
The firm accept a pre-petition advanced retainer in the amount of
$16,785, which includes the $1,738 bankruptcy filing fee.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Ariel Weissberg, Esq. a partner at Weissberg and Associates, Ltd.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Ariel Weissberg, Esq.
Weissberg and Associates, Ltd.
1525 South Wacker Drive, Suite 300
Chicago, Illinois 60606
Tel: (312) 663-0004
Fax: (312) 663-1514
Email: ariel@weissberglaw.com
About 1708 S. Racine LLC
1708 S. Racine LLC is a real estate company that owns a single
property asset. It operates as a limited liability company focused
on managing this individual real estate holding.
1708 S. Racine LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08445) on June 2,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between
$100,000 and $500,000.
Honorable Bankruptcy Judge Timothy A. Barnes handles the case.
The Debtors are represented by Ariel Weissberg, Esq. at WEISBERG
AND ASSOCIATES, LTD.
3 FIFTHS HOLDINGS: Seeks Chapter 11 Bankruptcy in Florida
---------------------------------------------------------
On July 16, 2025, 3 Fifths Holdings LLC, filed Chapter 11
protection in the U.S. Bankruptcy Court for the Middle District of
Florida. According to court filing, the Debtor reports between
$100,000 and $500,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About 3 Fifths Holdings LLC
3 Fifths Holdings LLC real estate holding company based in Cape
Coral, Florida.
3 Fifths Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01338) on July 16,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Caryl E. Delano handles the case.
A TO Z PACKAGING: Cameron McCord Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Region 21 appointed Cameron McCord, Esq., at
Jones & Walden, LLC, as Subchapter V trustee for A to Z Packaging
Enterprises Inc.
Ms. McCord will be paid an hourly fee of $500 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. McCord declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Cameron McCord, Esq.
Jones & Walden, LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Phone: (404) 564-9300
Fax: (404) 564-9301
Email: cmccord@joneswalden.com
About A to Z Packaging Enterprises Inc.
A to Z Packaging Enterprises, Inc. provides packaging machinery,
hot-melt adhesive systems, and automation solutions for
manufacturing sectors such as furniture and bedding. Headquartered
in Marietta, Georgia, it owns and operates facilities including a
multi-tenant industrial building at 2197 Canton Road used for
warehousing, distribution, and support services.
A to Z Packaging Enterprises sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-57545) on July 4,
2025. In its petition, the Debtor reported estimated assets and
liabilities between $1 million and $10 million.
The Debtor is represented by Paul Reece Marr, Esq., at Paul Reece
Marr, P.C.
ACADEMIES OF MATH: S&P Rates 2025A/B Revenue Bonds 'BB+'
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S&P Global Ratings assigned its 'BB+' long-term rating to the
Arizona Industrial Development Authority's series 2025A and 2025B
(taxable) education revenue bonds, issued for the Academies of Math
& Science (AMS).
At the same time, S&P affirmed its 'BB+' long-term and underlying
rating on AMS' outstanding education revenue bonds.
The outlook is stable.
S&P said, "We view AMS' environmental, social, and governance
factors as neutral in our credit rating analysis.
"The stable outlook reflects our expectation that AMS' enrollment
and demand profile will remain steady in the near term. In
addition, we expect that management will maintain healthy liquidity
levels and MADS coverage over 1.0x, although it is expected to
moderate from recent levels.
"While we do not anticipate it at this time given the school's
healthy reserves and steady market position, we could consider a
negative rating action if enrollment or demand metrics weaken,
leading to strained financial performance, or if the school's debt
profile materially weakens to levels below those of similarly rated
peers due to the issuance of additional debt.
"We could take a positive rating action if the school sustains its
solid enterprise profile while maintaining liquidity and MADS
coverage at levels consistent with those of higher-rated peers,
absent one-time federal stimulus funding, with limited plans for
additional debt."
ADM TRONICS: Delays FY25 10-K Due to Pending Financial Review
-------------------------------------------------------------
ADM Tronics Unlimited, Inc. filed a Notification of Late Filing on
Form 12b-25 with respect to its Annual Report on Form 10-K for the
year ended March 31, 2025, with the U.S. Securities and Exchange
Commission, informing that the Company's Annual Report cannot be
filed due to the Company's need to analyze additional information
in order to complete its financial statements to be included in the
Form 10-K.
About ADM Tronics Unlimited
Northvale, N.J.-based ADM Tronics Unlimited, Inc. is a
technology-based developer and manufacturer of diversified lines of
products. The Company derives revenue from the production and sale
of electronics for medical devices and other applications;
environmentally safe chemical products for industrial, medical, and
cosmetic uses; and research, development, regulatory, and
engineering services. The Company is a corporation that was
organized under the laws of the State of Delaware on November 24,
1969.
Somerset, N.J.-based Rosenberg Rich Baker Berman, P.A., the
Company's auditor since 2022, issued a "going concern"
qualification in its report dated July 15, 2024, citing that the
Company has experienced losses from operations and negative cash
flows from operating activities, which raise substantial doubt
about its ability to continue as a going concern.
AECOM: Moody's Rates New $1BB Sr. Unsecured Notes Due 2033 'Ba2'
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Moody's Ratings assigned a Ba2 rating to AECOM's $1.0 billion
proposed senior unsecured notes due 2033. All other ratings remain
unchanged, including AECOM's Ba1 corporate family rating, Ba1-PD
probability of default rating and Baa3 ratings of its senior
secured revolving credit facility, senior secured term loan A and
senior secured term loan B. The rating outlook is stable.
Proceeds from the issuance will be used to refinance the existing
$1 billion senior unsecured notes due 2027. The ratings on the
existing notes will be withdrawn upon closing of the proposed
transaction.
RATINGS RATIONALE
AECOM will maintain a healthy cushion in its metrics for the
current Ba1 CFR. AECOM's leverage for the LTM ended March 31, 2025,
as adjusted by Moody's, was 2.4x.
AECOM's Ba1 CFR reflects its large scale and solid position across
diverse end markets as one of the largest and most diversified
engineering, design, planning and construction management companies
globally. The company's rating is also supported by its moderate
leverage, consistent free cash flow generation and strong project
backlog with moderate fixed price project exposure that is mostly
concentrated in its design business and carries relatively lower
risk. AECOM's rating also reflects its modest level of funds from
operations as a percentage of outstanding debt and its plan to use
all of its free cash flow for shareholder returns.
AECOM has established a track record of consistent organic revenue
growth under various macroeconomic conditions – driven by market
share gains as well as its strategy to increase share of the
customer wallet through its program management and advisory
offerings. The company is a beneficiary of the expected multi-year
infrastructure spending in the US resulting from the Infrastructure
Investments & Jobs Act (IIJA), and global trends like energy
transition and sustainability. Additionally, AECOM has consistently
demonstrated its ability to improve margins through operational
improvements and better execution, without relying on price
increases.
Moody's expects AECOM to continue the trend of revenue growth and
margin expansion over the next 12-18 months, with strong free cash
flow generation. While the majority of the free cash flow is
expected to be allocated to shareholder returns, the company's
leverage should remain around mid-2 times as a result of EBITDA
growth.
AECOM's SGL-1 indicates very good liquidity. On March 31, 2025,
AECOM had $1.6 billion of cash on hand and nearly full availability
under its $1.5 billion revolving credit facility, implying a total
liquidity of $3.1 billion. Moody's expects the company to generate
strong free cash flow over the next 12-18 months.
AECOM's stable outlook reflects the expectation that the company's
operating results will moderately improve over the next 12 to 18
months, with continued strong free cash flow generation, although
it will be used mostly for shareholder returns.
The Baa3 rating on the senior secured credit facilities is one
notch above the Ba1 CFR and reflects its first priority interest in
substantially all of the assets and stock owned by AECOM and its
material wholly owned domestic restricted subsidiaries. The Ba2
rating on AECOM's proposed senior unsecured notes is one notch
below the CFR since they are effectively subordinated to all of the
company's secured indebtedness.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Moody's could upgrade AECOM's rating if it improves revenue scale,
EBITA margins (based on Net Service Revenue) are sustained around
mid-teens levels, leverage is sustained below 2.5x, interest
coverage (EBITA / interest expense) is sustained above 6.0x, and
the company gains greater financial flexibility through a
predominantly unsecured debt capital structure, inclusive of the
bank credit facility.
Moody's could downgrade AECOM's rating if operating results
deteriorate, putting pressure on margins, or if share repurchases
or acquisitions result in leverage sustained above 3.5x, and
interest coverage below 4.0x. A significant reduction in borrowing
availability or liquidity could also result in a downgrade.
Headquartered in Dallas, TX, AECOM is a professional services firm
providing engineering & design, planning and construction
management services to the infrastructure, transportation,
industrial, environmental, water, and government sectors. The
company operates under two business segments: Americas (78% of
fiscal 2024 revenue), and International (22%). AECOM generated
$16.1 billion of revenue during fiscal 2024 and had a total backlog
of $24.3 billion as of March 31, 2025.
The principal methodology used in this rating was Business and
Consumer Services published in November 2021.
AECOM: S&P Assigns 'BB' Rating on New $1BB Senior Unsecured Notes
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '5'
recovery rating to U.S.-based professional infrastructure
consulting and advisory services provider AECOM's new proposed $1.0
billion senior unsecured notes. The '5' recovery rating indicates
its expectation for modest (10%-30%; rounded estimate: 10%)
recovery in the event of a payment default.
The company will use the proceeds from the new notes to repay its
existing senior unsecured notes due 2027 with a current outstanding
amount of approximately $1.0 billion. S&P said, "We view the
transaction as net leverage neutral, and as such, we still expect
leverage will remain comfortably below 3x in 2025. Therefore, our
'BB+' issuer credit rating and stable outlook on the company are
unchanged."
Issue Ratings--Recovery Analysis
Key analytical factors
-- The company's proposed capital structure consists of a $1.500
billion revolving credit facility, a $1.447 billion first-lien
credit facility, and $1.000 billion of senior notes.
-- S&P said, "Our simulated default scenario assumes general
economic weakness dramatically reduces the overall number of
projects, which in turn significantly lowers the demand for AECOM's
service offerings. We expect these conditions to reduce the
company's volumes, revenue, margins, and earnings and lead to a
decline in its operating cash flow and liquidity."
-- S&P said, "We believe if AECOM were to default it would still
have a viable business model due to its significant design and
construction management capacity, strong market position, and large
number of customer relationships. Therefore, we believe its
debtholders would achieve the greatest recovery through a
reorganization rather than a liquidation."
-- S&P said, "We value the company using earnings multiple
approach by applying a 6x multiple to arrive at a total enterprise
value. This is higher than the multiples we typically use for
engineering and construction companies given the strength of
AECOM's business relative to those of its peers."
Simulated default assumptions
-- Simulated year of default: 2030
-- EBITDA at emergence: $395.1 million
-- EBITDA multiple: 6x
Simplified waterfall
-- Net enterprise value after 5% administrative expenses: $2.25
billion
-- Valuation split (obligor/nonobligor): 75%/25%
-- Value available to secured debt: $2.05 billion
-- Total first-lien claims: $2.77 billion
--Recovery expectations: 70%-90% (rounded estimate: 75%)
-- Value available to unsecured claims: $197.0 million
-- Total unsecured debt: $1.03 billion
-- Total deficiency claims: $715.7 million
--Recovery expectations: 10%-30% (rounded estimate: 10%)
Note: Debt amounts include six months of accrued interest we assume
will be owed at default.
ALTERRA MOUNTAIN: Moody's Rates New $25MM Term Loan Add-on 'B1'
---------------------------------------------------------------
Moody's Ratings assigned a B1 rating to Alterra Mountain Company's
(Alterra) proposed $25 million incremental add-on to its existing
$691 million outstanding senior secured first lien term loan due
2030. The transaction will have no impact on Alterra's ratings
including its B1 Corporate Family Rating, B1-PD Probability of
Default Rating and B1 senior secured first lien bank credit
facility rating and its stable outlook. The company is concurrently
seeking to reprice the term loan.
Alterra will use the net proceeds from the $25 million incremental
add-on for general corporate purposes and to finance permitted
acquisitions. The transaction is credit neutral because the add-on
is modest and the reduction in interest expense from the repricing
is expected to fully offset the incremental interest expense from
the additional debt.
Pro forma for the transaction, Alterra's Moody's-adjusted
debt-to-EBITDA leverage was 5.8x for the last 12-month (LTM) period
ended April 30, 2025. Leverage has remained range-bound over the
last two years, in part due to capital expenditures related to the
Deer Valley expansion and expenses from management incentive plans
(MIP). The Deer Valley expansion will more than double the skiable
terrain at Deer Valley. The first phase opened in the Winter
2024/2025 season with three new lifts, 300+ skiable acres, and 500
additional parking spaces. The second and final phase will become
operational for the Winter 2025/2026 season. The second phase will
include an additional six lifts, over 100 new runs and 700
additional parking spaces. Alterra has funded these meaningful
investments using operating cash flow and its large cash balance.
Although the MIP balance has declined from its original level, it
remains a notable liability and continues to weigh on cash flow
year-to-date through April 2025. During the 2024/2025 ski season
through April 2025, Alterra had a modest growth in total skier
visits, with most of the revenue gains driven by lift pass price
increases.
Looking ahead to the fiscal years ended July 2025 and July 2026,
Moody's expects Moody's-adjusted debt-to-EBITDA leverage to remain
above 5x over the next 12 months. The projected stability in the
leverage profile reflects continued capital expenditures to
complete the Deer Valley expansion, upgrades to enhance amenities
and guest experience at its mountain resorts, MIP expenses and
investments in employee compensation. However, after this 12-month
period capital expenditures and other expenses should decline,
improving free cash flow available for deleveraging. Alterra has a
stated financial policy target of 4.0x net debt to LTM adjusted
EBITDA and, as of April 30, 2025, reports a net debt-to-LTM
adjusted EBITDA of 3.8x, potentially indicating limited emphasis on
deleveraging from the current level. The business will continue to
benefit from strong ski and snowboard demand, steady Ikon Pass
sales, and solid pricing power. Additionally, Moody's expects the
company to maintain very good liquidity over the next year with
approximately $805 million cash as of April 2025 (pro forma for the
transaction), and access to $442 million in availability under its
revolver due 2028 net of letters of credit.
RATINGS RATIONALE
Alterra's B1 CFR reflects significant recurring investment needs
and high financial leverage with Moody's adjusted debt-to-EBITDA at
5.8x for the 12 months ended April 2025. Moody's expects leverage
to remain elevated for the rating until investment from the Deer
Valley expansion drop off and earnings from the expansion are
realized. The rating also reflects that Alterra's operating results
are highly seasonal and exposed to varying weather conditions and
discretionary consumer spending. Reinvestment needs are significant
to maintain the ski facilities, continually improve the guest
experience and sustain the competitive position and ability to
charge premium prices. Governance factors primarily relate to the
company's aggressive financial policies under private equity
ownership and acquisition strategy.
However, the ratings are supported by Alterra's strong market
position as one of the largest operators in the North American ski
industry with 19 year-round resorts in the US and Canada, including
the world's largest heli-skiing operation. Alterra benefits from
its good geographic diversification, and high local skier customer
mix given a balanced portfolio with regional ski properties and
destination resorts. The growing penetration of the Ikon pass
provides a stable revenue stream that helps mitigate weather
exposure. The North American ski industry has high barriers to
entry and has exhibited resiliency even during weak economic
periods, including the 2007-2009 recession. The company's very good
liquidity reflects its material $805 million cash balance as of
April 2025 (pro forma for the July 2025 term loan upsize) and
access to an undrawn $500 million revolver facility due 2028.
Alterra is currently executing a substantial multi-year capital
investment program, which is funded through internally generated
cash flow as well as the large cash balance. Alterra has
flexibility to adjust capital spending depending on operating
performance to preserve cash if necessary.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The stable outlook reflects Moody's expectations that
debt-to-EBITDA leverage will decline below 5x over the next 18
months through earnings growth. The stable outlook also reflects
that the company's very good liquidity provides considerable
flexibility to reinvest and manage operations should earnings be
weaker than expected.
The ratings could be upgraded if Alterra continues to grow
organically while sustaining debt-to-EBITDA below 4.0x, retained
cash flow (RCF)-to-net debt exceeds 17.5%, and the company
maintains very good liquidity. The company would also need to
sustain good reinvestment in operations to maintain strong consumer
demand to be considered for an upgrade.
The ratings could be downgraded if debt-to-EBITDA is sustained
above 5.0x, or RCF-to-net debt falls below 7.5%. Weak reinvestment,
visitation declines, or margin deterioration could also lead to a
downgrade. In addition, if there is a material weakening of
liquidity for any reason, or the company's financial policies
become more aggressive, including undertaking a large debt-funded
acquisition or the payment of dividends, the ratings could be
downgraded.
Headquartered in Denver, Colorado, Alterra Mountain Company
("Alterra") is owned and controlled by an investor group comprised
of private equity firm KSL Capital Partners and a minority position
held by family office/investment firm Henry Crown & Company.
Through its subsidiaries, Alterra is one of North America's premier
mountain resort and adventure companies, operating 19 destinations
in the US and Canada, including the world's largest heli-skiing
operation. The company also owns Canadian Mountain Holidays (CMH),
a heli-skiing operator, as well as Mike Wiegele Helicopter Skiing
and Ski Butlers, a ski equipment delivery service. Alterra is
private and does not publicly disclose its financials. For the
twelve months ended April 30, 2025, the company generated revenue
of about $2.0 billion.
The principal methodology used in this rating was Business and
Consumer Services published in November 2021.
ALTERRA MOUNTAIN: S&P Rates Proposed $716MM Term Loan B 'B+'
------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '3'
recovery rating to Alterra Mountain Co.'s proposed $716 million
term loan B due in 2030.
The new term loan facility will be used to refinance its
outstanding $691 million term loan B due in 2030. Alterra will also
add $25 million to its balance sheet, which it will use for general
corporate purposes. The '3' recovery rating indicates its
expectation for average (50%-70%; rounded estimate: 50%) recovery
for lenders in the event of a payment default.
S&P said, "Our other ratings on Alterra, including the 'B+' issuer
credit rating and stable outlook, are unchanged. Pro forma for the
transaction, we expect Alterra will end fiscal 2025 (ending July
31, 2025) with our measure of lease adjusted gross leverage of
about 5.5x. We expect leverage will remain 5x-5.5x in fiscal 2026
incorporating our base case assumption revenue increases 3%-5% and
S&P Global Ratings-adjusted EBITDA margin remains stable at about
26%.
"We expect revenue growth in 2026 to be driven primarily by a 1%-3%
growth in skier visitation and modest price increases for Alterra's
Ikon passes. Alterra's liquidity includes significant cash on its
balance sheet of about $800 million and full availability under its
$500 million revolving credit facility, net of outstanding letters
of credit. We expect Alterra will continue to use cash on hand to
fund extensive expansion capital projects, in excess of anticipated
operating cash flow, primarily at its Deer Valley Resort over the
next two years."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- The company's first-lien debt comprises a $500 million
revolving credit facility due in 2028, approximately $1.97 billion
of outstanding term loans due in 2028, and approximately $716
million of outstanding term loans due in 2030 (including the
proposed transaction).
-- The '3' recovery rating on Alterra's first-lien facilities
indicates S&P's expectation for average (50%-70%; rounded estimate:
50%) recovery.
-- S&P's simulated default scenario considers a payment default by
2029 due to the combination of a prolonged economic downturn and
unfavorable ski conditions at the company's resorts.
-- S&P assumes Alterra would reorganize following a default and
use an emergence EBITDA multiple of 7x to value the company.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $257 million
-- EBITDA multiple: 7x
-- Cash flow revolver: 85% drawn at default
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $1.71
billion
-- Obligor/nonobligor split: 80%/20%
-- Estimated first-lien debt claims: $3.11 billion
-- Value available for first-lien claims: $1.59 billion
--Recovery expectations: 50%-70% (rounded estimate: 50%)
All debt amounts include six months of prepetition interest.
ALTICE USA: Gets $1B ABL-Backed Term Loan from TPG, Goldman Sachs
-----------------------------------------------------------------
Lara Sanli of Bloomberg Law reports that Altice USA has secured and
funded its first $1 billion asset-backed term loan facility through
an unrestricted subsidiary, with Goldman Sachs Group Inc. and TPG
Angelo Gordon serving as the initial lenders, according to a
company statement and regulatory filing.
The loan is backed by receivables and network assets tied to
Altice's service areas in the Bronx and Brooklyn, primarily its
Hybrid-Fiber Coaxial infrastructure, according to Bloomberg Law.
The loan's maturity date is January 2031. It has fixed interest
rate of 8.875% and issuance discount of 400 basis points. Proceeds
from the facility are expected to support working capital and be
used to prepay other obligations, the report cites.
About Altice USA Inc.
Altice USA, Inc. is an American cable television provider.
As of December 31, 2024, Altice USA had $31.7 billion in total
assets, $32.16 billion in total liabilities, and a total deficiency
of $456.8 million.
* * *
As reported by the TCR on May 17, 2024, S&P Global Ratings lowered
all its ratings on Altice USA Inc. one notch, including the Company
credit rating to 'CCC+', and removed them from Credit Watch, where
it placed them with negative implications on May 2, 2024. The
negative outlook reflects that S&P could lower its ratings if the
company opts to pursue a debt restructuring over the next year.
S&P said, "We believe Altice USA's capital structure is
unsustainable. We believe the company is vulnerable to nonpayment
long term and depends on favorable business, financial, and
economic conditions to meet its financial obligations as they come
due in 2027 and beyond. We believe it is more likely than not that
Altice USA will enter into a distressed debt restructuring that we
consider tantamount to default, or it could face bankruptcy long
term."
AMERICAN BOATHOUSE: L. Todd Budgen Named Subchapter V Trustee
-------------------------------------------------------------
The U.S. Trustee for Region 21 appointed L. Todd Budgen, Esq., a
practicing attorney in Longwood, Fla., as Subchapter V trustee for
American Boathouse Company, LLC.
Mr. Budgen will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Budgen declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
L. Todd Budgen, Esq.
P.O. Box 520546
Longwood, FL 32752
Tel: (407) 232-9118
Email: Todd@C11Trustee.com
About American Boathouse Company LLC
American Boathouse Company, LLC is a Florida-based specialty
contractor likely focused on constructing and installing boathouses
and marine structures.
American Boathouse Company sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-04133) on July 3, 2025. In its petition, the Debtor reported
estimated assets up to $50,000 and estimated liabilities between
$100,000 and $500,000.
Judge Grace E. Robson handles the case.
The Debtor is represented by Robert B. Branson, Esq., at Bransonlaw
PLLC.
AMICI MONROE: Leon Jones Named Subchapter V Trustee
---------------------------------------------------
The U.S. Trustee for Region 21 appointed Leon Jones, Esq., at Jones
& Walden, LLC, as Subchapter V trustee for Amici Monroe LLC.
Mr. Jones will be paid an hourly fee of $500 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Jones declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Leon S. Jones, Esq.
Jones & Walden, LLC
699 Piedmont Ave. NE
Atlanta, GA 30308
Phone: (404) 564-9300
Email: ljones@joneswalden.com
About Amici Monroe LLC
Amici Monroe LLC, operating as Amici Cafe in Georgia, operates a
casual dining restaurant serving Italian-American cuisine,
including pizza, pasta, sandwiches, and wings, as part of the
regional Amici restaurant chain.
Amici Monroe sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-20945) on July 3,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $500,000 and $1 million.
The Debtor is represented by Benjamin R. Keck, Esq., at Keck Legal,
LLC.
APPLIED DNA: Cuts 27% of Staff, Shuts Down ADCL to Focus on LineaRx
-------------------------------------------------------------------
Applied DNA Sciences, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission a strategic
restructuring and realignment of resources to focus exclusively on
its synthetic DNA manufacturing business, LineaRx. As part of
actions undertaken, the Company implemented a workforce reduction
of approximately 27% of headcount and has ceased operations at
Applied DNA Clinical Labs, a business that provides molecular and
genetic testing services, effective June 27, 2025.
The Company's actions are intended to substantially reduce its
operating costs and concentrate resources behind LineaRx to:
(i) enhance the capabilities of LineaRx's LineaDNA and
LineaIVT platforms while scaling commercial adoption;
(ii) expand its service offerings; and
(iii) pursue strategic partnerships.
The workforce reduction equates to a projected 23% reduction in
annual payroll costs, excluding payroll expenses incurred as a
result of the previously announced retirement of the Company's
former Chairman and Chief Executive Officer.
The projected annual payroll savings is expected to be partially
offset by approximately $300,000 in one-time charges related to the
workforce reduction and ceasing of operations at ADCL, primarily
for separation benefits.
The Company expects to incur the majority of workforce
reduction-related costs by the end of the quarterly period ending
September 30, 2025, excluding expenses associated with the
retirement of the Company's former Chairman and Chief Executive
Officer.
Effective June 30, 2025, Judith Murrah, the Company's Chief
Executive Officer, President and Chairperson, voluntarily agreed to
a 15% temporary reduction in her annual base salary in connection
with the Company's efforts to reduce its ongoing operating
expenses. Ms. Murrah's reduced annual base salary is $340,000. The
reduction is expected to end on a future date to be agreed by and
between Ms. Murrah and the Compensation Committee of the Company's
Board of Directors.
"We believe these strategic decisions enable us to set business
priorities, funds, and management attention behind LineaRx as our
highest-conviction growth opportunity, while also positioning the
company for greater operational efficiency, sharper execution, and
clearer industry and investment theses," stated Judy Murrah,
chairperson, president, and CEO.
Added Clay Shorrock, president of LineaRx, "Demand for
enzymatically produced DNA is accelerating, driven by the expanding
field of genetic medicines. Our LineaDNA and LineaIVT platforms are
well-positioned to meet this need, and we are aligning all
resources towards customer acquisition, expanding market
penetration, and scaling efficiently."
About Applied DNA Sciences
Applied DNA Sciences -- adnas.com -- is a biotechnology company
developing technologies to produce and detect deoxyribonucleic acid
("DNA"). Using the polymerase chain reaction ("PCR") to enable both
the production and detection of DNA, the Company currently operates
in three primary business markets: (i) the enzymatic manufacture of
synthetic DNA for use in the production of nucleic acid-based
therapeutics and the development and sale of a proprietary RNA
polymerase ("RNAP") for use in the production of mRNA therapeutics;
(ii) the detection of DNA and RNA in molecular diagnostics and
genetic testing services; and (iii) the manufacture and detection
of DNA for industrial supply chain security services.
Melville, NY-based Marcum LLP, the Company's auditor since 2014,
issued a "going concern" qualification in its report dated Dec. 17,
2024, citing that the Company has incurred significant losses and
needs to raise additional funds to meet its obligations and sustain
its operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
As of December 31, 2024, Applied DNA Sciences had $16 million in
total assets, $3.4 million in total liabilities, and $12.5 in total
equity.
ARCHDIOCESE OF NEW ORLEANS: Submits New Plan to Resolve Bankruptcy
------------------------------------------------------------------
Erin Lowrey of WDSU News reports that the Archdiocese of New
Orleans and a committee representing survivors of clergy sex abuse
have jointly filed a reorganization plan aimed at ending the
archdiocese's long-running bankruptcy.
Submitted Tuesday, July 16, 2025, night, the proposal outlines a
potential settlement for approximately 660 abuse survivors who
filed claims in the Chapter 11 case, the report related. If
approved, the plan would create a trust with $130 million in
immediate cash payments, an additional $20 million over four years,
and $30 million from insurance settlements, according to the
report.
The settlement could grow further through the sale of Christopher
Homes, a church-affiliated housing organization. That sale could
contribute an estimated $44 million to $56 million to the trust,
according to the filing.
Survivor claims would be individually reviewed and scored to
determine each person's share of the funds. The settlement must be
approved by at least two-thirds of voting claimants to proceed, the
report states.
Key deadlines are approaching. Ballots are expected to be mailed to
abuse survivors in August and must be returned by October 29, 2025.
Votes will be counted over the following week. If the plan is
approved, it could take effect before 2025's end; if rejected, the
judge could dismiss the bankruptcy entirely, according to report.
A confirmation hearing on the plan is scheduled for July 31.
Soren Gisleson, an attorney for the survivors, said in a
statement:
“We are confident that the court will grant our motion to dismiss
the bankruptcy. The archdiocese has drawn the battle lines.”
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: Hires Hester Baker Krebs LLC as Counsel
-------------------------------------------------------------
Auxiliary Operations Resource, Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of Indiana to employ
Hester Baker Krebs LLC as counsel.
The firm's services include:
a. taking necessary or appropriate actions to protect and
preserve the Debtor's estate, including the prosecution of actions
on the debtor's behalf, the defense of any actions commenced
against the Debtor, the negotiation of disputes in which the Debtor
is involved, and the preparation of objections to claims filed
against the Debtor's estate;
b. preparing on behalf of the Debtor, as debtor in possession,
necessary or appropriate motions, applications, answers, orders,
reports and other papers in connection with the administration of
the Debtor's estate;
c. providing advice, representation, and preparation of
necessary documentation and pleadings regarding debt restructuring,
statutory bankruptcy issues, post-petition financing, real estate,
business and commercial litigation, tax, and, as applicable, assets
dispositions;
d. counselling the Debtor with regard to its rights and
obligations as debtor-in-possession, and its powers and duties in
the continued management and operations of its business and
properties;
e. taking necessary or appropriate actions in connection with
a plan or plans of reorganizations and related disclosure statement
and all related documents, and such further actions as may be
required in connection with the administration of the Debtor's
estate; and
f. acting as general bankruptcy counsel for the Debtor and
performing all other necessary of appropriate legal services in
connection with the Chapter 11 case.
The firm will be paid at these rates:
Jeffrey H. Hester, Member $450 per hour
John A. Allman, Member $420 per hour
Marsha Hetser, Paralegal $215 per hour
Donna Adams, Paralegal $215 per hour
Tricia Hignight, Paralegal $215 per hour
Prior to the filing date, the debtor paid an initial retainer in
the amount of $60,000. On the petition Date, the firm had a
remaining balance of $34,673.50.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jeffrey H. Hester, Esq., a partner at Hester Baker Krebs LLC as
Counsel, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Jeffrey H. Hester, Esq.
Hester Baker Krebs LLC Suite 1330
One Indiana Square
Indianapolis, IN 46204
Tel: (317) 608-1129
Fax: (317) 833-3031
Email: jhester@hbkfirm.com
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.
AVON PRODUCTS: Ch. 11 Filing Made in 'Bad Faith', Insurers Say
--------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that a group of
insurance carriers that insured Avon is asking the Delaware
bankruptcy court to dismiss or convert the company's Chapter 11
case, claiming the filing was made in bad faith and serves no
legitimate bankruptcy purpose.
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.
B & W ENTERPRISES: Section 341(a) Meeting of Creditors on August 12
-------------------------------------------------------------------
On July 15, 2025, B & W Enterprises filed a Chapter 11 protection
in the U.S. Bankruptcy Court for the Western District of Louisiana.
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.
A meeting of creditors under Section 341(a) to be held on August
12, 2025 at 02:00 PM at Telephone Conference, UST. Call:
888-330-1716, Passcode: 5240151#.
About B & W Enterprises
B & W Enterprises is a partnership based in Monroe, Louisiana.
B & W Enterprises sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. La. Case No. 25-30804) on July 15,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge John S. Hodge handles the case.
The Debtors are represented by Conner L. Dillon, Esq. at Gold,
Weems, Bruser, Sues & Rundell.
BANGL LLC: S&P Withdraws 'BB-' Issuer-Credit Rating
---------------------------------------------------
S&P Global Ratings withdrew all its ratings on BANGL LLC, including
the 'BB-' issuer-credit rating, following the successful close of
the company's acquisition by MPLX, as well as the subsequent
repayment of its senior secured term loan B on July 3, 2025. At the
time of the withdrawal, our ratings on BANGL were on CreditWatch,
where S&P placed them with positive implications on March 3, 2025.
Following the close of the acquisition, all of the company's
outstanding debt has been repaid. In addition, S&P no longer expect
debt at this entity going forward.
BECKHAM JEWELRY: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
Beckham Jewelry, LLC received final approval from the U.S.
Bankruptcy Court for the Southern District of Mississippi to use
cash collateral.
The court's final order approved the Debtor's use of cash
collateral to pay the expenses set forth in its budget, which
projects total operational expenses of $21,698.70.
The final order authorized the Debtor to continue to pay
post-petition rents to its landlord, TDLDC Retail I, LLC (including
a full monthly rent of $5,972.05 starting this month) until the
lease is rejected or the court orders otherwise.
A disputed UCC lien was filed by Kapitus, asserting a $17,000
claim. The court found Kapitus likely oversecured.
Pending resolution of the lien's validity, the Debtor must deposit
10% of gross daily sales into a new and separate
debtor-in-possession sub-account until the balance reaches $20,000.
Funds in this reserve may be released only pursuant to a confirmed
Chapter 11 plan or by further court order. If the lien is
determined to be invalid, the funds will be returned to the
estate.
About Beckham Jewelry LLC
Beckham Jewelry, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Miss. Case No. 25-01234) on May 14,
2025. In the petition signed by Brian Lee Beckham, member, the
Debtor disclosed up to $10 million in assets and up to $500,000 in
liabilities.
Judge Jamie A. Wilson oversees the case.
The Debtor is represented by:
Thomas Carl Rollins, Jr., Esq.
The Rollins Law Firm, PLLC
Tel: 601-500-5533
Email: trollins@therollinsfirm.com
BEELINE HOLDINGS: Raises $6.5M Equity, Cuts $5.3M Debt in Q2 Update
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Beeline Holdings, Inc. furnished a Report on Form 8-K filed with
the U.S. Securities and Exchange Commission on June 30, 2025, to
provide the following update:
According to the Company, it raised $6.5 million in equity capital
the last week of June and has reduced its debt by $5.3 million in
2025. The Company will end the quarter with over $6 million in
cash, with indebtedness owed to third parties of about $2.3 million
(not including its mortgage warehouse line).
Beeline reported approximately $40 million of shareholders' equity
on March 31, 2025.
About Beeline Holdings
Beeline Holdings is a technology-forward mortgage and title
platform designed to simplify home financing for a new generation
of buyers. By combining AI, automation, and modern UX, Beeline
offers faster, more accessible, and more transparent home loan
experiences for real estate investors and primary homebuyers
alike.
Boca Raton, Florida-based Salberg & Company, P.A., the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has incurred recurring losses and negative cash
flows from operations since its inception, has a significant
working capital deficit, and is dependent on debt and equity
financing. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $66.5 million in total assets,
$17.5 million in total liabilities, and a total stockholders'
equity of $49 million.
BESPOKE CONSTRUCTION: Case Summary & 20 Top Unsecured Creditors
---------------------------------------------------------------
Debtor: Bespoke Construction LLC
8575 Zionsville Road
Indianapolis, IN 46268
Business Description: Bespoke Construction LLC is a general
contractor based in Indianapolis, Indiana,
that provides residential and state-funded
construction services, including universal
design renovations, custom millwork, ADA-
compliant modifications, and project
management. It serves clients through
tailored design and building solutions with
a focus on accessibility, craftsmanship, and
functional improvements.
Chapter 11 Petition Date: July 16, 2025
Court: United States Bankruptcy Court
Southern District of Indiana
Case No.: 25-04181
Judge: Hon. James M Carr
Debtor's Counsel: Jeffrey Hester, Esq.
HESTER BAKER KREBS LLC
One Indiana Sq Suite 1330
Indianapolis IN 46204
Tel: 317-833-3030
Email: jhester@hbkfirm.com
Total Assets: $1,425,361
Total Liabilities: $5,379,966
The petition was signed by Robert Cooper as authorized
representative of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Z64UJKI/Bespoke_Construction_LLC__insbke-25-04181__0001.0.pdf?mcid=tGE4TAMA
BIMERGEN ENERGY: Cancels 1.29M Shares After Favorable Court Ruling
------------------------------------------------------------------
Bimergen Energy Corporation disclosed in a Form 8-K filed with the
U.S. Securities and Exchange Commission that it completed a
corporate action resulting in the cancellation of 1,287,694 shares
of the Company's common stock.
The cancelled shares represent approximately 25.1% of the Company's
total outstanding shares prior to the cancellation.
This cancellation results from a favorable ruling from the Superior
Court of California in the case captioned Bitech Technologies
Corporation v. Cao, et. al. ordering that the Company may cancel
the shares.
About Bimergen Energy
Bimergen Energy Corporation is a renewable energy project developer
dedicated to enabling the clean energy transition and providing
critical grid stability via solutions across a range of
applications through our portfolio of utility-scale Battery Energy
Storage System (BESS) and solar development projects.
Irvine, Calif.-based Ramirez Jimenez International CPAs, the
Company's auditor since 2025, issued a "going concern"
qualification in its report dated May 30, 2025, attached to the
Company's Annual Report on Form 10-K for the fiscal year ended
December 31, 2024, citing that the Company has suffered recurring
losses from operations and negative cash flows from operating
activities, therefore, the Company has stated that substantial
doubt exists about its ability to continue as a going concern.
As of December 31, 2024, the Company had $23.3 million in total
assets, $1.8 million in total liabilities, and a total
stockholders' equity of $21.5 million.
BINFORD FARMS: Seeks to Hire Thompson Burton as Bankruptcy Counsel
------------------------------------------------------------------
Binford Farms, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Alabama, Northern Division, to employ Stuart M.
Maples and the law firm of Thompson Burton PLLC as bankruptcy
counsel.
Mr. Maples and Thompson Burton's services will include:
a. preparing pleadings and applications and conducting
examinations incidental to any related proceedings or to the
administration of this case;
b. developing the relationship of the status of Debtor to the
claims of creditors in this case;
c. advising Debtor of its rights, duties, and obligations as
Debtor operating under Chapter 11 of the Bankruptcy Code;
d. taking any and all other necessary action incident to the
proper preservation and administration of this Chapter 11 case;
and
e. advising and assisting Debtor in the formation and
preservation of a plan pursuant to Chapter 11 of the Bankruptcy
Code, the disclosure statement, and any and all matters related
thereto.
The Debtor has agreed to compensate Mr. Maples at an hourly rate of
$450 and associates at hourly rates ranging from $300 to $350.
Stuart M. Maples, a partner at Thompson Burton, 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.
Thompson Burton can be reached at:
Stuart M. Maples, Esq.
THOMPSON BURTON PLLC
200 Clinton Avenue West, Suite 1000
Huntsville, AL 35801
Telephone: (256) 489-9779
E-mail: smaples@thompsonburton.com
About Binford Farms, LLC
Binford Farms, LLC sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Ala., Case No. 25-81317-CRJ11) on June
30, 2025.
At the time of the filing, Debtor had estimated $500,000-$1 million
in both assets and liabilities.
Judge Clifton R Jessup Jr. oversees the case.
Thompson Burton PLLC is Debtor's legal counsel.
BIOLINERX LTD: Shareholders OK All Proposals at 2025 AGM
--------------------------------------------------------
BioLineRx Ltd. announced the results of the Company's Annual
General Meeting of Shareholders.
At the Meeting, the Company's shareholders voted upon and approved,
by the respective requisite majority in accordance with the Israel
Companies Law, 5759-1999 and the Company's articles of association,
the proposals set forth in the Company's proxy statement for the
Meeting, which was attached as Exhibit 99.1 to the Company's Report
on Form 6-K furnished to the U.S. Securities and Exchange
Commission on May 23, 2025. Accordingly, the following proposals
were adopted at the Meeting:
Proposal 1: the re-election of Dr. BJ Bormann and Dr. Raphael
Hofstein as Class II directors, each to serve until the Company's
annual general meeting of shareholders to be held in 2028, and
until their respective successors have been duly elected and
qualified.
Proposal 2: the increase in the Company's authorized share capital
and to amend the Company's Articles of Association accordingly.
Proposal 3: the adoption of the renewed Compensation Policy for the
Company's Executive Officers and Directors.
Proposal 4: the reappointment of Kesselman & Kesselman, Certified
Public Accountants (Isr.), a member firm of PricewaterhouseCoopers
International Limited, as the Company's independent registered
public accounting firm for the year ending December 31, 2025, and
until the Company's next annual general meeting of shareholders,
and to authorize the Audit Committee of the Board of Directors to
fix the compensation of said auditors in accordance with the scope
and nature of their services
About BioLineRx Ltd.
Headquartered in Modi'in, Israel, BioLineRx is a commercial-stage
biopharmaceutical company focused on developing life-changing
therapies in oncology and rare diseases.
Tel Aviv, Israel-based Kesselman & Kesselman, the Company's auditor
since 2003, issued a "going concern" qualification in its report
dated March 31, 2025, attached to the Company's Annual Report on
Form 20-F for the year ended Dec. 31, 2024, citing that the Company
the Company has suffered recurring losses from operations and has
cash outflows from operating activities that indicate that a
material uncertainty exists that may cast significant doubt (or
raise substantial doubt as contemplated by PCAOB standards) about
its ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $38.9 million in total assets,
$25.4 million in total liabilities, and a total equity of $13.5
million.
BORDER PROPERTIES: To Sell 2023 Forest RV to Camping World for $38K
-------------------------------------------------------------------
Border Properties Group LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas, El Paso Division, to sell
Personal Property, free and clear of liens, claims, and
encumbrances.
The Debtor's Property that is up for sale is the 2023 Forest RV
Cherokee Wolf Pack 27Pack10.
The Purchaser, Camping World, headquartered in Anthony Texas, 8805
N. Desert Blvd., Anthony, TX 79821. The sale price for the RV is to
be $38,500.00. The Debtor valued the 2023 Forest River RV Cherokee
Wolf Pack 27Pack10 at $35,000 on its schedules.
The Debtor believes that it is in the best interest of the
bankruptcy estate to sell the 2023 Forest River RV Cherokee Wolf
Pack 27Pack10 as it is obtaining the full value of the amount
listed on the schedules.
The Debtor requests authority to pay Camping World $8,757.83 for
repairs performed post-petition on the RV. The RV was damaged
pre-petition by fire in Ruidoso, New Mexico. The net sales proceeds
from the sale will be $29,742.17.
The Debtor aims to close the sale as soon as possible and consider
time to be of the essence.
About Border Properties Group LLC
Border Properties Group, LLC is the fee simple owner of six
properties located in Ruidoso, N.M., and El Paso, Texas, with a
total current value of $9.96 million.
Border Properties Group sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Texas Case No. 25-30142) on February
3, 2025. In its petition, the Debtor reported total assets of
$10,000,000 and total liabilities of $15,641,365.
Judge Christopher G. Bradley handles the case.
The Debtor is represented by:
Corey W. Haugland, Esq.
James & Haugland, P.C.
609 Montana Avenue
El Paso, TX 79902
Tel: (915) 532-3911
Fax: (915) 541-6443
Email: chaugland@jghpc.com
BOSTON TRADE CENTER: Seeks Chapter 11 Bankruptcy in Massachusetts
-----------------------------------------------------------------
On July 16, 2025, Boston Trade Center Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Massachusetts. According to court filing, the
Debtor reports between $500,000 and $1 million in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Boston Trade Center Inc.
Boston Trade Center Inc. is a retail trade business based in
Stoneham, Massachusetts.
Boston Trade Center Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-11464) on July 16,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $500,000 and $1 million.
BRIDGE PLAZA CONDOMINIUM: Seeks Chapter 11 Bankruptcy in New Jersey
-------------------------------------------------------------------
On July 15, 2025, Bridge Plaza Condominium Association Inc. filed
Chapter 11 protection in the U.S. Bankruptcy Court for the District
of New Jersey. According to court filing, the Debtor reports
between $1 million and $10 million in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
About Bridge Plaza Condominium Association Inc.
Bridge Plaza Condominium Association Inc. manages the condominium
complex located at 70-260 Bridge Plaza Drive in Manalapan, New
Jersey.
Bridge Plaza Condominium Association Inc. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No.
25-17396) on July 15, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Christine M. Gravelle handles the case.
The Debtors are represented by Andrew J. Kelly, Esq. at The Kelly
Firm, P.C.
BRIDGE PLAZA: Case Summary & Nine Unsecured Creditors
-----------------------------------------------------
Debtor: Bridge Plaza Condominium Association, Inc.
420 Bridge Plaza Drive
Manalapan, NJ 07726
Business Description: Bridge Plaza Condominium Association, Inc.
manages a commercial condominium complex
located at 70 - 260 Bridge Plaza Drive
in Manalapan, New Jersey. The association
oversees property maintenance, governance,
and common area services for unit owners
within the development.
Chapter 11 Petition Date: July 15, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-17396
Judge: Hon. Christine M Gravelle
Debtor's Counsel: Andrew J. Kelly, Esq.
THE KELLY FIRM, P.C.
1011 Highway 71
Suite 200
Spring Lake, NJ 07762
Tel: 732-449-0525
Fax: 732-449-0592
Email: akelly@kbtlaw.com
Total Assets: $1,236,128
Total Liabilities: $1,187,363
Marc Feingold signed the petition as president.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/MTU7MWA/Bridge_Plaza_Condominium_Association__njbke-25-17396__0001.0.pdf?mcid=tGE4TAMA
BROADWAY REALTY: Cash Collateral Access Extended to Aug. 5
----------------------------------------------------------
Broadway Realty I Co., LLC and its affiliates have agreed with
Flagstar Bank, N.A. to a two-week extension to use the secured
lender's cash collateral.
In a filing with the U.S. Bankruptcy Court for the Southern
District of New York, the Debtors' attorney, Gary Holtzer, Esq., at
Weil, Gotshal & Manges, LLP, disclosed that the Debtors' interim
use of cash collateral was extended to August 5 from July 22.
Flagstar is the Debtors' only secured lender, which holds mortgages
on the Debtors' multi-family residential buildings in New York
City. The Debtors stopped paying mortgages to the lender three
months before filing for Chapter 11 protection on May 21.
Last month, the bankruptcy court denied the Debtors final
authorization to use nearly $30 million in cash collateral intended
for Flagstar, ruling that the Debtors failed to
meet the "adequate protection" requirement.
In its bench decision, the bankruptcy court rejected the Debtors'
contention that all of their expenditures constituted "adequate
protection payments" because such payments benefit Flagstar's
interests by preserving and increasing the value of their
properties. The court also noted that several Debtors exhibited
equity cushions below 15–18%, which it found inadequate. The
court, however, noted that some subsets of the Debtors appear
likely to have significant equity cushions that may alone suffice
to adequately protect Flagstar's interests.
Following its bench decision, the court held a conference on July 2
during which it extended the Debtors' interim use of cash
collateral through July 11 on terms previously set forth in its
initial order dated May 29.
On July 9, the court entered its second interim order further
extending the Debtors' use of cash collateral through July 22 and
directing the Debtors and Flagstar to cooperate on possible
governance changes, including the appointment of independent
officers, managers or agents; to identify and retain mutually
acceptable investment bankers or real estate brokers; and to
continue negotiating a longer-term form of consensual cash
collateral order.
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.
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
CAMBER ENERGY: Completes Conversion of Series C Preferred Stock
---------------------------------------------------------------
Camber Energy, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that Antilles Family
Office, LLC notified the Company that it:
(i) has fully converted all Series C Redeemable Convertible
Preferred Stock issued by the Company under a stock purchase
agreement;
(ii) has received all Common Stock to which it was entitled in
connection with such conversions; and
(iii) there will be no further delivery notices, conversion
notices, or claims, including any claims for so-called "True-Up
Shares."
This milestone marks the first time in approximately nine (9) years
that the Company has no Series C Preferred Shares outstanding in
its capitalization and/or an obligation to issue Common Stock in
connection with prior conversions of Series C Preferred Shares.
On or about July 9, 2021, the Company had entered into the Stock
Purchase Agreement with Antilles Family Office, pursuant to which
the Company issued 1,575 shares of Series C Redeemable Convertible
Preferred Stock convertible into shares of Common Stock of the
Company.
About Camber Energy
Based in Houston, Texas, Camber Energy, Inc. --
http://www.camber.energy-- is a growth-oriented diversified energy
company. Through its majority-owned subsidiaries, the Company
provides custom energy and power solutions to commercial and
industrial clients in North America and has a majority interest in:
(i) an entity with intellectual property rights to a fully
developed, patented, proprietary Medical and Bio-Hazard Waste
Treatment system using Ozone Technology; and (ii) entities with the
intellectual property rights to fully developed, patented, and
patent-pending proprietary Electric Transmission and Distribution
Open Conductor Detection Systems. Additionally, the Company holds a
license to a patented clean energy and carbon-capture system with
exclusivity in Canada and for multiple locations in the United
States. Various of the Company's other subsidiaries own interests
in oil properties in the United States. The Company is also
exploring other renewable energy-related opportunities and/or
technologies, which are currently generating revenue or have a
reasonable prospect of generating revenue within a reasonable
period of time.
Dallas, Texas-based Turner, Stone & Company, L.L.P, the Company's
auditor since 2016, issued a "going concern" qualification in its
report dated May 12, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended December 31, 2024, citing that the
Company has suffered recurring losses from operations and has a net
capital deficiency that raises substantial doubt about its ability
to continue as a going concern.
As of Dec. 31, 2024, the Company had $42,320,043 in total assets,
$80,135,700 in total liabilities, and a total stockholders' deficit
of $37,819,657.
CARESTREAM HEALTH: Moody's Cuts CFR to Caa2 & Alters Outlook to Neg
-------------------------------------------------------------------
Moody's Ratings downgraded Carestream Health, Inc.'s ("Carestream")
corporate family rating to Caa2 from Caa1, the probability of
default rating to Caa2-PD from Caa1-PD, and the first lien senior
secured term loan rating to Caa2 from Caa1. At the same time,
Moody's revised the outlook to negative from stable.
The downgrade reflects deterioration in Carestream's credit
metrics, driven by a decline in revenues and earnings in the first
quarter of 2025. Moody's expects earnings will continue to be weak
in 2025, driven by declines in the medical film business, tariffs
exposure and rising silver costs. The downgrade also reflects the
increased likelihood of debt restructuring or default to address a
capital structure that Moody's views is becoming increasingly
unsustainable.
The negative outlook reflects Moody's views that earnings may
decline more rapidly due to the ongoing deterioration of the
medical film business, which also limits visibility into future
performance. Liquidity is expected to come under pressure, leaving
the credit profile vulnerable to continued revenue challenges.
RATINGS RATIONALE
Carestream's Caa2 CFR reflects the company's high reliance on its
medical film business, which comprises the majority of earnings.
Moody's expects that the film business will remain in structural
decline for the foreseeable future, with the potential for
accelerated revenue contraction due to the continued shift towards
digital imaging. The company has some tariff exposure, as a
substantial portion of its revenue is generated from international
markets. Carestream's rating reflects the company's moderately high
leverage, which was approximately 3.5x for the 12 months ending
March 31, 2025. Moody's expects leverage to increase to the mid to
high 4x range over the next 12 to 18 months.
Carestream's rating is supported by recurring revenues in the
medical film business, good diversification by geography, a growing
digital radiography equipment segment, and moderate leverage.
Moody's expects that Carestream will operate with weak liquidity
over the next 12-18 months. Moody's projects the company to
generate minimal positive free cash flow in 2025, before inflecting
to negative free cash flow in 2026 and 2027. As of March 31, 2025,
the company had about $74 million in cash, but this is not fully
available to draw down as approximately $60 million is required to
support daily operations. Carestream has access to a $85 million
ABL revolving credit facility (unrated). There is $15 million
outstanding on the ABL vs a borrowing base limit of $50 million as
of March 31, 2025. Visibility into earnings is low due to the
structural decline of the medical film business, volatility in the
price of silver (a key input), and tariff headwinds.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could downgrade Carestream's ratings if the company does
not improve its operating performance and liquidity. Moody's could
also consider a downgrade of the ratings if the likelihood of a
transaction that Moody's would deem a distressed exchange or
default increases.
Moody's could upgrade Carestream's ratings if there is a reduction
in the likelihood of default and demonstrated improvement in
liquidity and operating performance.
The principal methodology used in these ratings was Medical
Products and Devices published in October 2023.
Carestream's Caa2 CFR is two notches below the B3 scorecard
indicated outcome. The two notch difference reflects the greater
weight Moody's place on the lack of earnings visibility driven by
the company's medical film business, which is undergoing structural
decline.
Headquartered in Rochester, NY, Carestream Health, Inc. is a global
provider of medical imaging products. The company's film business
(included in Value Tier) provides specialized paper to produce
images from digital x-rays and printers. The company's medical
digital business (Premium Tier) provides digital medical imaging
systems. The company has two smaller lines, non-destructive testing
and contract manufacturing. The company's revenues were
approximately $920 million in 2024. Carestream Health, Inc. is
owned by numerous private equity firms following its bankruptcy
exit in 2022.
CARROLLTON GATEWAY: Hires MMGREATX LLC as Real Estate Broker
------------------------------------------------------------
Carrollton Gateway Development Partners, LLC seeks approval from
the U.S. Bankruptcy Court for the Northern District of Texas to
employ MMGREATX, LLC as real estate broker.
The firm will market and broker the sale of the Debtor's Property
located at 2324 N. Interstate 35-E, Carrollton, Texas 75006.
The firm will be paid a 4% or 6% commission to be paid out of the
proceeds of the sale of the Property, depending upon whether a
"cooperating outside broker" is involved in any sale, and subject
to Court approval as required under the Bankruptcy Code.
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:
J. Michael Watson
17806 IH-10 W Suite 300
San Antonio, TX 78257
Telephone: (210) 819-7500
Email: michael.watson@mmgrea.com
About Carrollton Gateway Development Partners, LLC
Carrollton Gateway Development Partners LLC is engaged in
activities related to real estate.
Carrollton Gateway Development Partners LLC sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No.
24-33585) on November 5, 2024. In the petition filed by Dennis M.
Holmgren, as Manager of Urban Planning Partners, LLC, the Debtor
reports estimated assets between $10 million and $50 million and
estimated liabilities between $1 million and $10 million.
The Debtor is represented by Dennis M. Holmgren, Esq. at HOLMGREN
JOHNSON: MITCHELL MADDEN, LLP.
CASCADE PARENT: S&P Downgrades ICR to 'CCC+', Outlook Negative
--------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Cascade
Parent Ltd. (dba Alludo) to 'CCC+' from 'B-'.
S&P said, "At the same time, we lowered our issue-level rating on
Alludo's $60 million revolving credit facility and $456 million
first-lien term loan to 'CCC+' from 'B-'. The '3' recovery rating
on the senior secured facilities is unchanged, indicating our
expectation for meaningful (50%-70%; rounded estimate: 50%)
recovery in the event of a payment default.
"The negative outlook reflects the company's declining revenue and
upcoming maturities, which could lead us to lower our ratings if it
is unable to refinance its current debt in the next few months.
"We do not expect Alludo will be able to repay its maturing debt
without refinancing. While we expect Alludo will generate modest
free operating cash flow (FOCF) in fiscal year 2025 (ending Nov 30,
2025) and into 2026--supported by management's operational
improvements--we do not forecast it will generate sufficient cash
to cover its upcoming debt maturity. Given its outstanding July
2026 debt maturities (its $456 million first-lien term loan due
July 2, 2026, has become current), we believe the company's
liquidity will be tight over the next 12 months, which leads us to
assess its liquidity as weak. Additionally, the company's revolving
credit facility matures in January 2026. Therefore, we downgraded
Alludo to reflect its weak liquidity, as well as our belief it may
face elevated refinancing risk as its debt approaches maturity.
"The company underperformed our expectations in 2024, with EBITDA
about 10% below our base-case assumption. Alludo's performance was
negatively affected by continued revenue decline in its Apps and
Sustain segments, which we expect will continue. We understand that
the company has implemented several cost-saving measures in recent
years, primarily around reduced spending on search engine marketing
(SEM). Management also plans to take a more targeted and
disciplined approach to its sales, marketing, and R&D investments
which we expect will support a gradual improvement in its margins.
"Despite its near-term operational improvements, the company's
growth prospects remain constrained. Alludo's generally accepted
accounting principles (GAAP) revenue declined by 2.7% in 2024 and
by an additional 1.0% in the first half of 2025, mainly due to a
secular decline in the demand for its mature products. While S&P
expects the company will benefit from market share gain in its
Parallel segment, the ongoing decline in its Apps (42% of 2024
revenue) and Sustain (12% of 2024 revenue) segments will likely
offset these gains, resulting in a relatively flat top-line
performance for the year.
"Alludo is also shifting its focus away from its nonrecurring
product base by increasing its investment in the expansion of its
Parallels software portfolio. Parallels Desktop remains well-suited
for individual and small businesses using Mac computers in
professional environments. While we believe it could increase the
sales of its Parallels remote application server (Parallels RAS)
software in the enterprise markets, especially in cost-sensitive
markets and hybrid cloud deployments, the company has a small
market share and must continuously innovate to compete against
larger, well-capitalized industry players such as Microsoft and
Citrix."
The company continued its transition to a subscription-based model
in 2024, which increased its annual recurring revenue to 83% from
78% in 2023. This increase in Alludo's recurring revenue will
likely improve its revenue stability and visibility amid ongoing
global economic uncertainty. However, we believe a sustained
decline in the company's new customer subscriptions will limit its
overall growth.
S&P said, "We continue to assess Alludo's business risk as weak.
Our weak assessment of the company's business risk profile reflects
its small share of the packaged software market due to its narrow
product suite and limited ability to innovate, which has led to
minimal organic top-line growth. We expect Alludo's R&D investment
to be marginal compared with that of the bigger players in its
industry, such as Adobe Systems, which has a wider product suite
and stronger brand recognition. The company generates the majority
of its EBITDA from a few mature products, which are susceptible to
technological change and product innovation. Therefore, we expect
Alludo's profitability could be pressured if its products face
secular declines.
"The negative outlook reflects the company's declining revenue and
upcoming maturities, which could lead us to lower our ratings if it
is unable to refinance its current debt in the next few months."
S&P could lower its ratings on Alludo in the next few months if:
-- The company does not address its current maturity;
-- The company undertakes a liability management transaction that
S&P views as a distressed debt exchange or restructuring; or
-- Its liquidity position deteriorates such that it is unable to
cover its fixed charges.
S&P could raise its rating on Alludo if:
-- It successfully refinances its 2026 term loan and revolver such
that S&P expects its liquidity will be adequate for the foreseeable
future; and
-- It sustains organic growth enabling it to maintain consistent
profitability and margins.
CAZENOVIA COLLEGE: Reaches Deal to Sell College to Matta Fresca
---------------------------------------------------------------
Amanda Albright and Elizabeth Rembert of Bloomberg News report that
Cazenovia College, which shut down in 2023, has reached a deal to
sell its campus to a New York-based company for $9.5 million,
according to a regulatory filing Wednesday, July 16, 2025, by
trustee UMB Bank.
The buyer, Matta Fresca LLC -- a New York entity formed earlier
this year -- agreed to the purchase, which is still subject to
approval by the state attorney general, the report states.
Cazenovia has approximately $25 million in outstanding municipal
debt, according to data compiled by Bloomberg.
About Cazenovia College
Cazenovia College is a small, independent, co-educational,
baccalaureate college, located in Cazenovia, New York, United
States. Cazenovia offers a comprehensive liberal arts education
with academic and co-curricular programs devoted to developing
leaders in their professional fields.
CEC ENTERTAINMENT: In Deal Talks with Equity Investors
------------------------------------------------------
Aaron Weinman and Reshmi Basu of Bloomberg News report that CEC
Entertainment, the parent company of Chuck E. Cheese, is in
discussions with its equity investors to secure approximately $600
million to cover upcoming debt maturities after failing to raise
funds in the junk bond market, according to people familiar with
the matter.
Investors, including Monarch Alternative Capital, are expected to
provide a financial backstop to address a bond due in May 2025, the
sources said. The company, which operates more than 570 restaurants
worldwide, has also been in talks with private lenders about
refinancing its debt, they added.
About CEC Entertainment
CEC Entertainment is a family entertainment and dining company that
owns and operates Chuck E. Cheese and Peter Piper Pizza
restaurants. As of Dec. 31, 2019, CEC Entertainment and its
franchisees operate a system of 612 Chuck E. Cheese restaurants and
129 Peter Piper Pizza stores, with locations in 47 states and 16
foreign countries and territories. Visit
http://www.chuckecheese.com/for more information.
CEC Entertainment recorded a net loss of $28.92 million for the
year ended Dec. 29, 2019, compared to a net loss of $20.46 million
for the year ended Dec. 30, 2018. As of Dec. 29, 2019, CEC
Entertainment had $2.12 billion in total assets, $1.90 billion in
total liabilities, and $213.78 million in total stockholders'
equity.
On June 24, 2020, CEC Entertainment and its affiliates sought
protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.
Tex. Lead Case No. 20-33163).
Judge Marvin Isgur oversees the cases.
The Debtors tapped Weil, Gotshal & Manges, LLP as bankruptcy
counsel, FTI Consulting, Inc., as financial advisor, PJT Partners
LP as investment banker, Hilco Real Estate, LLC, as real estate
advisor, and Prime Clerk, LLC, as claims, noticing and solicitation
agent.
The Ad Hoc Group of First Lien Lenders was advised in this process
by Akin Gump Strauss Hauer & Feld LLP as legal counsel and Houlihan
Lokey Capital, Inc. as financial advisor.
The Office of the U.S. Trustee appointed a committee of unsecured
creditors on July 13, 2020. The committee has tapped Kelley Drye &
Warren, LLP and Womble Bond Dickinson (US), LLP as its legal
counsel, and Alvarez & Marsal North America, LLC as its financial
advisor.
CENTENE CORP: Moody's Alters Outlook on 'Ba1' CFR to Negative
-------------------------------------------------------------
Moody's Ratings has affirmed Centene Corporation’s long-term
corporate family rating and senior unsecured debt ratings at Ba1.
Moody's have also affirmed the Baa1 insurance financial strength
ratings of its six rated operating subsidiaries, including the
following: Bankers Reserve Life Ins. Co. of Wisconsin, Coordinated
Care Corp Indiana, Inc., Health Net of California, Inc., Managed
Health Services Insurance Corp., Peach State Health Plan, Inc. and
Superior HealthPlan, Inc.
The outlook for these entities has been changed to negative from
stable following the Centene's announcement that earnings will be
far below management's original guidance primarily due to material
misjudgments in its estimated risk adjustment impact in its
individual market business.
RATINGS RATIONALE
The change in the outlook to negative follows Centene's
announcement that its original risk adjustment revenue transfer
expectations in the individual market were materially inconsistent
with actual performance. Moody's now expect that EBITDA with
Moody's adjustments, which was $6.0 billion in 2024 could drop to
somewhere in the range of $3.5 billion in 2025. In this scenario,
debt/EBITDA would approach 5.0x, the EBITDA margin would drop to
below 2.5% (from 3.7% in 2024) and cash flow to the parent would be
constrained in 2025 and 2026 due to lower overall dividend capacity
at the subsidiaries as well as the likely need for increased
capital infusions into the subsidiaries.
Furthermore, Centene, similar to the rest of the health insurance
industry, continues to underperform in both Medicaid and Medicare
due to high medical cost trends including utilization levels that
have been persistently above Centene's pricing expectations.
Centene is a pure play government-focused health insurer including
Medicaid, Medicare and the individual market. In 2024, the gross
margin in Medicaid, its largest business, was down 28% and Medicare
was down 9%. While Medicare is performing better this year, it is
still expected to lose money. And now the Individual Market, which
was by far Centene's best performing business in 2024 is also
underperforming.
While management can address the risk adjustment in the individual
market in 2026 through pricing, challenges remain. In 2026, the
consumer integrity measures that were partly rolled out in 2025 and
contributed to the risk adjustment problem will be fully rolled out
in 2026. And the enhanced subsidies that were implemented during
the pandemic will expire if there is no new legislation at the end
of this year. Both these developments could negatively impact
enrollment and result in more adverse selection.
Moody's affirmation of the company's ratings reflects Centene's
large scale and leadership in both Medicaid and the Individual
Market. While this is an especially challenging time for the
industry with increasing medical cost trends and high utilization,
Moody's believes the industry will eventually adjust, although the
adjustment period has been taking longer than Moody's expected.
Governance considerations are also a driver of the outlook change
to negative. Specifically, the company did not properly reflect in
2025 pricing what appears to be a significant morbidity shift in
the individual market. While this shift was unexpected, the
magnitude of the miss does adversely impact management's
credibility. However, Moody's notes that Centene's current
leadership team, which took control in March 2022, has done a good
job in selling non-core businesses and focusing on improving
execution and controlling costs.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Centene's outlook could return to stable over the next 12-18 months
if the following occurs: 1) Meaningfully improved performance in
Medicaid, Medicare and the Individual Market as measured by
earnings and margins; 2) debt/EBITDA with Moody's adjustments,
which Moody's expects to approach 5.0x by year-end 2025, shows
substantial recovery by year-end 2026 while debt/cap with Moody's
adjustments remains below 45% and; 3) Dividends, net of capital
infusions, are maintained at or near levels in recent years.
Conversely, the ratings of Centene could be downgraded if the
following occurs: 1) the risk based capital ratio is sustained
below 175% of the company action level (CAL); 2) the EBITDA margin
could drop to below 2.5% in 2025 but does not show significant
improvement thereafter; i.e. run rate above 3.5%; 3) Continued
pressure in Medicaid, Medicare and the Individual Market; 4)
Debt/capital with Moody's adjustments is sustained above 45% and/or
debt/EBITDA above 3.0x.
Centene is headquartered in St. Louis, Missouri. As of March 31,
2025 the reported LTM revenues of $169.3 million, 20.1 million
medical members (excluding prescription drug plan members) and
shareholders' equity of $28.0 million.
The principal methodology used in these ratings was US Health
Insurers published in February 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
CENTURY ALUMINUM: S&P Rates New $400MM Senior Secured Notes 'B'
---------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue-level rating and '2'
recovery rating to Chicago-based aluminum manufacturer Century
Aluminum Co.'s proposed 7-year $400 million senior secured notes.
The company will use proceeds from these notes to refinance its
existing 2028 senior secured notes (about $250 million outstanding
as of March 31, 2025), repay borrowings under various credit
facilities including its Grundartangi casthouse facility (about
$120 million outstanding as of March 31, 2025) and pay transaction
fees and expenses. The '2' recovery rating indicates S&P's
expectation for substantial (70%-90%; rounded estimate: 70%)
recovery in the event of a payment default. S&P expects to withdraw
its ratings on Century's existing 2028 senior secured notes
following their successful refinancing. S&P anticipates the
transaction will be leverage neutral. Its ratings are based on the
preliminary terms and conditions of the issuance.
S&P said, "We revised our outlook on Century to positive in May
2025. We expect the company will increase its EBITDA by at least
18% in fiscal year 2025 as it benefits from its backward
integration into alumina production through its acquisition of
Jamalco, and lower production costs from 45X credits. We expect the
demand for primary aluminum will remain robust, given that the U.S.
is a net importer and has experienced declining domestic primary
aluminum production in recent years. At the same time, tariffs on
aluminum imports to the U.S. will support higher price realizations
on rising mid-west premiums, which could further boost Century'
EBITDA and cash flow generation over the next 12-24 months.
Therefore, we forecast the company will likely maintain debt to
EBITDA of less than 4x, which we view as supportive of the current
rating. For the complete issuer credit rating analysis, please see
our most recent research update on Century, published May 27, 2025,
on RatingsDirect."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- Century's capital structure mainly comprises the proposed $400
million 7-year senior secured notes, its $250 million U.S.
revolving credit facility due 2028, its $100 million Iceland
revolving credit facility due 2026, its $90 million Vlissingen
facility agreement, its $130 million Grundartangi casthouse
facility due December 2029, and its $85.2 million of convertible
senior notes due 2028. S&P assumes that the company will pay off
its existing $250 million senior secured notes and repay the
borrowings under its credit facilities including the Grundartangi
casthouse facility using the proceeds from the proposed issuance.
-- S&P assigned its 'B' issue-level rating and '2' recovery rating
to the proposed 7-year $400 million senior secured notes. The '2'
recovery rating indicates its expectation for substantial (70%-90%;
rounded estimate: 70%) recovery in the event of a payment default.
-- S&P assesses Century's recovery prospects based on a gross
reorganization value of approximately $644.6 million, which
reflects about $117.2 million of emergence EBITDA and a 5.5x
multiple.
-- The $117.2 million of emergence EBITDA incorporates our
standard assumptions for minimum capital expenditure (at 2.5% of
sales) and our standard 15% cyclicality adjustment for issuers in
the metals and mining downstream sector.
-- The 5.5x multiple is in line with the multiples S&P uses for
other companies in the metals and mining downstream sector.
-- S&P's recovery analysis assumes that, in a hypothetical
bankruptcy scenario, 60% of Century's asset-based lending (ABL)
facilities would be drawn (subject to borrowing base constraints).
-- Therefore, S&P assumes about $86 million of borrowings will be
outstanding under Century's $250 million U.S. ABL facility (not
rated), $60 million under its $100 million Iceland ABL facility
(not rated), and $76.5 million under its $90 million Vlissingen
facility (not rated).
-- Of note, S&P's recovery analysis also adjusts for the inclusion
of the company's tax-adjusted pension deficit (three-year average),
which--at more than 10% of its total debt claims at default—S&P
deems material. This reduces our estimate of Century's gross
enterprise value.
Simulated default assumptions
-- S&P said, "In our view, a default scenario would most likely
involve a prolonged period of depressed primary aluminum prices,
similar to the environment in 2015, coupled with increased energy
and raw material costs. As Century's revenue steadily decreases
amid these conditions, the company would have to fund its operating
losses and debt service with available cash and ABL facility
borrowings. Eventually, its liquidity and capital resources would
become strained to the point that it would have to seek bankruptcy
protection, which we assume would occur sometime in 2028."
-- Year of default: 2028
-- Emergence EBITDA: $117.2 million
-- EBITDA multiple: 5.5x
-- Gross recovery value: $644.6 million
Simplified waterfall
-- Net recovery value for waterfall after administrative expenses
and pension liability adjustment: $565 million
-- Obligor/nonobligor valuation split: 60%/40%
-- Priority claims: ABL facility (about $89 million) and foreign
debt adjustments (about $142 million)
-- Remaining recovery value: $298.9 million
-- Senior secured notes claim: $415 million
--Recovery expectations: 70%-90% (rounded estimate: 70%)
CHAMBERLAIN GROUP: S&P Rates New $3.28BB First-Lien Term Loan 'B'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue-level rating and '3'
recovery rating to The Chamberlain Group LLC's (B/Stable) proposed
upsized and extended $3.28 billion first-lien term loan due 2032.
The '3' recovery rating indicates S&P's expectation for meaningful
(50%-70%; rounded estimate 50%) recovery for lenders in the event
of a payment default. It will use the proceeds from the upsizing of
the term loan to help fund its acquisition of Arrow Tru-Line.
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P rates Chamberlain's $3.28 billion first-lien term loan due
in 2032 'B' with a '3' recovery rating. The '3' recovery rating
reflects its expectation for meaningful (50%-70%; rounded estimate:
50%) recovery prospects for lenders in the event of a payment
default.
-- S&P values the company on a going-concern basis using a 5.5x
multiple of its emergence EBITDA. This multiple is in line with
that used for similarly rated peers.
-- S&P's simulated default scenario considers a default in 2028
amid a recessionary macroeconomic environment and reduced
residential and nonresidential new construction. The resulting weak
demand and increased competition (resulting in the loss of large
customers) lead to negative cash flows and the company's inability
to meet its financial obligations.
-- S&P assesses recovery prospects based on a gross reorganization
value of approximately $2 billion, reflecting about $370 million of
emergence EBITDA and a 5.5x multiple.
-- S&P's recovery analysis assumes 85% of the company's $250
million revolving credit facility would be drawn in a hypothetical
bankruptcy scenario.
Simulated default assumptions
-- Year of default: 2028
-- Emergence EBITDA: $370 million
-- EBITDA multiple: 5.5x
-- Gross recovery value: $2 billion
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): About
$1.8 billion
-- Obligor/nonobligor split: 95%/5%
-- Total value available to secured claims: $1.9 billion
-- Estimated senior secured first-lien term claims (including the
revolver) *: $3.6 billion
--Recovery expectation: 50%-70% (rounded estimate: 50%)
--Remaining recovery value: $0
*The estimated senior secured term loan claim reflects payment of
scheduled amortization of 1% per year through 2028. Estimated claim
amounts include about six months of accrued but unpaid interest.
CHARIOT BUYER: Moody's Affirms B3 CFR & Rates 1st Lien Loans B3
---------------------------------------------------------------
Moody's Ratings affirmed Chariot Buyer LLC's (dba Chamberlain) B3
corporate family rating, B3-PD probability of default rating and
the existing B3 senior secured first lien bank credit facilities.
At the same time, Moody's assigned B3 ratings to the proposed
$3.305 billion senior secured first lien term loan due 2032. The
outlook is stable.
Proceeds from the proposed term loan will be used by Chamberlain to
acquire Arrow Tru-Line, a manufacturer of overhead door hardware
components and to repay the company's existing term loan. Moody's
will withdraw the existing term loan rating upon close of the
transaction.
The affirmation reflects the company's strong margins, solid
interest coverage and good liquidity reflecting its ability to
generate good cash flow. The affirmation also reflects the
company's meaningful scale in the US and increased adoption of
automated access control equipment and enhanced user technology.
These factors help offset the company's aggressive financial
strategy and continued high leverage above 7x debt/EBITDA from
debt-financed dividends and acquisitions.
The stable outlook reflects Moody's expectations of sustained
demand for Chamberlain Group's access control products evidenced by
strong margins and the company's maintenance of good liquidity.
RATINGS RATIONALE
Chamberlain's B3 CFR reflects the company's high leverage and
aggressive financial policy. Moody's views Chamberlain's financial
policy as shareholder friendly given its history of debt-financed
distributions and acquisitions. Moody's expects leverage will be
around 7.5x debt/EBITDA and coverage will be around 2.0x
EBITA/interest expense by the end of 2025. The rating also reflects
governance risks, including historically limited disclosure
provided around litigation risk associated with the company's
patents and potential materiality to the company's overall
operations. An International Trade Commission (ITC) order, which
took effect in April 2022, prohibited the import, sale and
distribution of nearly all of Chamberlain's residential garage door
openers and products because of a patent infringement. Chamberlain
received approval on newly designed products from the US Customs
and Border Patrol (CBP) in May 2022 and shipments resumed. In Q2
2023, the company settled its outstanding disputes for about $45
million.
The rating is supported by solid interest coverage, good liquidity
and high profitability that supports free cash flow generation. In
addition, increased adoption of automated access control equipment
and enhanced user technology should drive long-term growth for
Chamberlain Group's products. The rating also considers the
company's significant scale in the US, broad distribution network
and strong brand recognition.
Moody's expects Chamberlain to maintain good liquidity over the
next 12-18 months. As of March 31, 2025, the company had about $219
million of cash and no outstanding borrowings on its $250 million
revolver, due 2029. The company also has a no outstanding
borrowings on its $125 million accounts receivable securitization
facility, due 2026. Moody's expects Chamberlain will generate
$150-200 million of annual free cash flow in 2025 and 2026,
excluding dividends. Moody's expects the company will allocate the
majority of its free cash flow to acquisitions and distributions.
Moody's expects the revolver to remain undrawn for the next 12-18
months. However, the $125 million accounts receivable
securitization facility could be used to fund tax distributions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade of the rating could result from a reduction of debt to
EBITDA to below 6.0x. An upgrade would also require more
conservative financial strategies and good liquidity, including
positive free cash flow generation.
A downgrade would likely result should the company experience
sustained revenue declines, EBITA margin declines or if there is a
deterioration of the company's liquidity profile or if cash flow
generation weakens. The ratings could also be downgraded if the
company engages in more aggressive financial policies and if debt
to EBITDA is sustained above 7.0x.
Chamberlain Group, headquartered in Oak Brook, IL, is a
manufacturer of entryway and perimeter access control products and
solutions in residential and commercial applications in markets
around the world. Private equity firm Blackstone owns about 85% of
Chamberlain, with The Duchossois Group remaining the minority
equity owner with a 15% interest. Blackstone has had an ownership
interest in Chamberlain since 2021. Revenue was about $1.9 billion
for the last 12 months ended March 2025.
The principal methodology used in these ratings was Manufacturing
published in September 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
CINEMARK HOLDINGS: Lowers Interest Rate on Term Loan by 0.50%
-------------------------------------------------------------
Cinemark Holdings, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company and
Cinemark USA, Inc., a wholly-owned subsidiary, entered into a Third
Amendment to the Second Amended and Restated Credit Agreement,
dated as of May 26, 2023 (as amended by that certain First
Amendment, dated as of May 28, 2024, and that certain Second
Amendment, dated as of November 29, 2024, the "Credit Agreement"),
among the Company, Cinemark USA, the several banks and other
lenders from time to time party thereto, the other agents and
arrangers named therein and Barclays Bank PLC, as administrative
agent.
The Credit Agreement was amended pursuant to the Third Amendment
to, among other things, reduce the rate at which the term loans
bear interest by 0.50% and reset the 101% soft call for six
months.
A full-text copy of the Third Amendment is available at
https://tinyurl.com/4raanvcb
About Cinemark Holdings Inc.
Headquartered in Plano, Texas, Cinemark Holdings, Inc. operates as
a movie theater.
As of March 31, 2025, Cinemark Holdings had $4.7 billion in total
assets, $4.3 billion in total liabilities, and total stockholders'
equity of $357.6 million.
* * *
Egan-Jones Ratings Company on November 11, 2024, upgraded the
foreign currency and local currency senior unsecured ratings on
debt issued by Cinemark Holdings, Inc. to CCC+ from CCC.
CINEMAWORLD OF FLORIDA: To Sell Melbourne Property to GT Holdings
-----------------------------------------------------------------
Cinemaworld of Florida Inc. seeks permission from the U.S.
Bankruptcy Court for the District of Florida, West Palm Beach
Division, to sell Property, free and clear of liens, claims, and
encumbrances.
The Debtor is a Florida incorporated (2001) motion-picture
exhibition and family-entertainment company headquartered at 9701
6th Place, Vero Beach, FL 32960. Through six venues (four
multiplexes, one family entertainment center, and the corporate
office), the Debtor operates 49 screens and 6,996 seats, plus a
22-lane bowling, arcade, and laser-tag facility, serving roughly
721,000 guests during 2024. Each theater offers patrons the
opportunity to purchase food and beverage items and to view current
release movies.
The Debtor owns the real property, air space rights, subsurface
rights, mineral rights, and riparian rights, and all improvements
thereon of the approximately 15.4 acres located at 4345 West New
Haven Avenue, Melbourne, Florida. The property is positioned at the
southeast quadrant of Interstate 95 and US Highway 192. As
reflected in the Debtor's Case Management Summary and as further
described below, the Real Property is under contract to sell
through an arm’s length transaction to a third party purchaser.
The Real Property is encumbered by The Northern Trust Company,
Lincoln Common Owner, LLC, and real estate taxes.
The Debtor receives an offer from GT Holdings 2025, LLC, assignee
of GT Motors, Inc. to purchase the Real Property for $9,700,000.00,
with closing to occur on or before July 29, 2025.
Pursuant to the Contract, the Purchaser posted a deposit in the
amount of $100,000.00.
Consummation of the proposed sale will involve the incurrence and
payment of certain expenses, fees, and costs, including, but not
limited to, the 2023/2024 Real Estate Taxes, 2024 Ad Valorem Taxes,
certain appraisals, title insurance, and other costs of closing.
Prior to the Petition Date, the Debtor entered into an Exclusive
Right of Sale Listing Agreement with broker and agent, Dale
Sorensen Real Estate, Inc., engaged in an extensive and exhaustive
marketing campaign for the Real Property, which included a
comprehensive marketing brochure that was distributed to a wide
network of agents and potential buyers, listing on MLS and
commercial websites including Crexi, CoStar, and LoopNet. Through
Sorensen's efforts, the Purchaser was identified and, ultimately,
the Contract was negotiated and executed by the parties.
The Debtor owes real estate commissions to Sorensen. Sorensen has
represented the Debtor as broker in connection with the sale of the
Real Property, and is the sole real estate broker and agent
involved in the sales transaction. The Debtor proposes to pay 5.5%
brokerage commission or $533,500.00 to Sorensen at the closing.
The sale of the Real Property will result in priority tax claims
being paid in full and a significant reduction in the amount of the
Northern Trust Secured Claim. Although the Northern Trust Secured
Claim will not be paid in full, Northern Trust has been supportive
of and consents to the sale
transaction.
About Cinemaworld of Florida Inc.
Cinemaworld of Florida, Inc., doing business as The Majestic 11 and
CW Lanes & Games, operates movie theaters and family entertainment
centers.
Cinemaworld of Florida, Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla.
Case No. 25-17693) on July 3, 2025, listing $10 million to $50
million in both assets and liabilities. The petition was signed by
Richard N. Starr, Sr. as president.
Judge Mindy A Mora presides over the case.
Harley E. Riedel, Esq. at STICHTER, RIEDEL, BLAIN & POSTLER, P.A.
represents the Debtor as counsel.
CLASSIC CONSTRUCTION: Hires Demarco·Mitchell PLLC as Counsel
-------------------------------------------------------------
Classic Construction & Restoration Inc. seeks approval from the
U.S. Bankruptcy Court for the Northern District of Texas to employ
Demarco·Mitchell, PLLC as counsel.
The firm will provide these services:
a. take all necessary action to protect and preserve the
Estate, including the prosecution of actions on its behalf, the
defense of any actions commenced against it, negotiations
concerning all litigation in which it is involved, and objecting to
claims;
b. prepare on behalf of the Debtor all necessary motions,
applications, answers, orders, reports, and papers in connection
with the administration of the estate herein;
c. formulate, negotiate, and propose a plan of reorganization;
and
d. perform all other necessary legal services in connection
with these proceedings.
The firm will be paid at these rates:
Robert T. DeMarco $400 per hour
Michael S. Mitchell $300 per hour
Barbara Drake, Paralegal $125 per hour
The firm was paid a retainer in the amount of $15,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert T. DeMarco, Esq., a partner at Demarco Mitchell PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
Demarco Mitchell PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 578-1400
Fax: (972) 346-6791
Email robert@demarcomitchell.com
mike@demarcomitchell.com
About Classic Construction & Restoration Inc.
Classic Construction & Restoration Inc. is a general contractor
based in Dallas, Texas, offering services such as water and storm
damage restoration, fire damage repair, roofing, and interior and
exterior maintenance. The Company serves residential and commercial
clients, including homeowner associations, and is recognized for
its expertise in structural work, insurance claims, and legal
support related to insurance settlements. With over 90 years of
service experience, it operates with a full administrative and
project management team to manage construction and restoration
projects of varying scale.
Classic Construction & Restoration sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Texas Case
No. 25-41874) on May 27, 2025. In its petition, the Debtor reported
total assets of $394,749 and total liabilities of $2,291,204.
Judge Edward L. Morris handles the case.
The Debtor is represented by Robert T. DeMarco, Esq., at DeMarco
Mitchell, PLLC.
CLUBCORP HOLDINGS: S&P Withdraws 'CCC+' Issuer Credit Rating
------------------------------------------------------------
S&P Global Ratings withdrew all its ratings on ClubCorp Holdings
Inc. (dba Invited Inc.), including the 'CCC+' issuer credit rating,
following the completion of the company's refinancing because it no
longer has any rated debt outstanding. At the time of the
withdrawal, S&P's outlook on Invited was positive.
COACH USA: To Lay Off 100+ Workers, To Close Elko Facility
----------------------------------------------------------
Jason Hidalgo of Reno Gazette Journal reports that a company that
provides commuter and charter bus services, including Megabus, is
set to lay off more than 100 workers in Nevada as it prepares to
close a facility.
Elko Bus Lines submitted a WARN notice to state authorities
regarding the planned closure of its Coach USA location at 4105
West Idaho Street in Elko. The notice indicates that 149 employees
will lose their jobs permanently, including 94 drivers. The
remaining affected staff includes mechanics and management
personnel, according to Reno Gazette.
"All impacted employees have been notified and will be separated in
accordance with federal and state WARN Act guidelines," the company
stated. "We are issuing this notice more than 60 days before the
first separation date."
The WARN Act, along with Nevada law, requires advance notice for
mass layoffs. The layoffs are scheduled to take effect on September
1, 2025.
Coach USA previously implemented large-scale layoffs in Texas and
New Jersey last 2024. The Nevada job cuts follow Coach USA's
Chapter 11 bankruptcy filing and its 2024 sale to The Renco Group,
which included the Megabus brand and Coach USA’s U.S. and
Canadian operations, the report cites.
The company attributed its financial troubles to the lasting
effects of the COVID-19 pandemic. "Since the pandemic, we've
continued to face major challenges, with ridership and demand
remaining well below pre-pandemic levels," Coach USA said in a June
2024 statement.
The Reno Gazette Journal has reached out to Coach USA for further
comment.
About Coach USA
Coach USA, Inc., a company in Paramus, N.J., is a provider of
ground passenger transportation and mobility solutions in North
America, offering many types of specialized ground transportation
solutions to government agencies, airports, colleges and
universities, and major corporations.
With 25 business segments throughout the United States and Canada
employing approximately 2,700 employees and operating approximately
2,070 buses, the Coach USA network of companies carries millions of
passengers throughout the United States and Canada each year. In
addition to the household name "Coach USA," the company operates
under several other brands, including Megabus, Coach Canada, Coach
USA Airport Express, Dillon's Bus Company, and Go Van Galder.
Coach USA and its affiliates filed Chapter 11 petitions (Bankr. D.
Del. Lead Case No. 24-11258) on June 11, 2024. At the time of the
filing, Coach USA reported $100 million to $500 million in both
assets and liabilities.
Judge Mary F. Walrath oversees the cases.
The Debtors tapped Alston & Bird, LLP and Young Conaway Stargatt &
Taylor, LLP as legal counsels; Houlihan Lokey Capital, Inc. as
investment banker; and CR3 Partners, LLC as restructuring advisor.
Kroll Restructuring Administration, LLC is the Debtors' claims and
noticing agent and administrative advisor.
COHERENT CORP: S&P Alters Outlook to Stable, Affirms 'BB-' ICR
--------------------------------------------------------------
S&P Global Ratings revised its outlook on Coherent Corp. to stable
from negative and affirmed the 'BB-' issuer credit rating.
S&P said, "At the same time, we affirmed our 'BB-' issue-level
rating on the company's secured debt and our 'B+' issue-level
rating on its unsecured debt. Our '3' (rounded estimate: 65%) and
'5' (rounded estimate: 15%) recovery ratings on the secured and
unsecured debt, respectively, are unchanged.
"The stable outlook reflects our expectation that Coherent will
re-establish leverage below the 5x area and generate positive free
operating cash flow (FOCF), despite the tougher macroeconomic
environment and potential tariff headwinds, supported by stable
demand for its datacom transceivers."
S&P Global Ratings believes there is a high degree of
unpredictability around policy implementation by the U.S.
administration and possible responses--specifically with regard to
tariffs--and the potential effect on economies, supply chains, and
credit conditions around the world. As a result, S&P's baseline
forecasts carry a significant amount of uncertainty, magnified by
ongoing regional geopolitical conflicts. As situations evolve, S&P
will gauge the macro and credit materiality of potential shifts and
reassess its guidance accordingly.
S&P said, "Due to strong end-customer demand for its datacom
transceivers, we expect Coherent will maintain leverage below the
5x area in fiscal year 2026. The company's leverage increased above
the 5x area over the past few years due to weakness in the telecom
industry and the demand for industrial products, which hampered its
revenue. While Coherent continues to face weak telecom and
industrial end-customer demand, the strong demand for its datacom
transceivers has begun to offset the weakness in its other segments
over the past year. Investment in AI products, particularly by
large hyperscalers, has remained robust over the past few years.
Due to the strong demand for its datacom transceivers, the company
increased its revenue by more than 20% year over year as of third
quarter of fiscal year 2025 (ended June 2025). Coherent also has
been focused on debt reduction, given that it paid down more than
$200 million of debt over the past three fiscal quarters. The
company's strong growth and debt reduction, along with the
expansion of its EBITDA margins on improved operational efficiency,
will likely support a decline in its leverage to the high-4x area
in fiscal year 2025.
"We expect Coherent will increase its top-line revenue by between
5% and 8% year over year in fiscal year 2026 as the demand for its
datacom transceivers is somewhat offset by the continued weakness
in its industrial end market. We also believe that the company will
continue to expand its EBITDA margins as it focuses on improving
its operational efficiency. Due to those factors, we forecast
Coherent will likely reduce its leverage to the low-4x area in
fiscal year 2026. We note that just above 2x of the company's S&P
Global Ratings-adjusted leverage is related to the $2.15 billion
Bain Capital preferred equity investment, which we treat as debt
under our criteria because Bain can put the instrument to the
company in 2031. This investment did not accrue any cash interest
over the first four years because the dividends are payable solely
in kind during this time. However, the dividends are now payable at
the company's option in cash, in kind, or a combination of both.
"We expect Coherent will continue generating good revenue growth
over the next few years on stable investment in AI solutions. Given
the ever-changing and increasingly complex AI space, we believe
that hyperscalers will continue to invest in AI solutions over the
long term to increase their competitiveness. While we believe the
pace of the expansion in AI investment will slow, we still expect
overall investment will remain robust over the next few years.
Coherent provides datacom transceivers, which are important
components in AI servers because they help interconnect switches,
graphics processing unit (GPU) servers, and storage infrastructure.
However, we note the AI solutions space is extremely competitive
and fragmented, with competition from many players such as Ciena,
Lumentum and others. Therefore, we believe that Coherent needs to
continue to invest in its research and development (R&D) and
execute its manufacturing capabilities to maintain its growth
trajectory.
"Due to the increasing number of transceivers needed in AI servers,
we expect the company will continue to benefit from strong demand
for its transceiver solutions. We expect this strong demand in its
communications business will offset the weakness in its industrial
and telecom segments, enabling Coherent to expand its revenue by
more than 20% year over year in fiscal year 2025.
"While tariffs and tougher macroeconomic conditions could
negatively its performance, we believe the company is
well-positioned to handle these headwinds over the next 12 months.
Like many other electronic manufacturers, Coherent has continued to
migrate its manufacturing capabilities outside of China, including
by moving most of its U.S. transceiver customers to Malaysia, which
will likely reduce the impact of U.S. tariffs on China. We also
expect hyperscalers' capital expenditure (capex) will remain robust
in 2026 as they continue to invest in AI for the long term. While
its other segments will likely see flat revenue, the strong demand
in its communications segment will likely lead to a 5%-8%
year-over-year expansion in Coherent's revenue in fiscal year
2026.
"Even with the lower-margin transceiver business driving its
top-line expansion, we expect Coherent will improve its EBITDA
margins over the next few years. The company's EBITDA margins have
been hampered over the past few years for a variety of reasons. For
example, Coherent lost its high-margin Apple business during fiscal
year 2024, which weakened its profitability. In addition, the
company faced weaker utilization amid a period of excess inventory
at its telecom and industrial customer. Due to those issues,
Coherent's S&P Global Ratings-adjusted EBITDA margins declined to
17.7% in fiscal year 2024. That said, the company has improved its
profitability over the past year.
"While we believe the company's transceiver products feature lower
margins than its overall business, the strong growth in this
segment is still supporting an improvement in utilization amid the
persistent weakness in its other segments. Coherent has also
improved its EBITDA margins on the realization of benefits from the
large cost-savings plan it enacted in May 2023. We expect these
factors will help support EBITDA margin in the 19%-21% range in
fiscal year 2025."
Coherent has taken additional actions that will likely help it
continue to improve its profitability in fiscal year 2026. These
actions include the company's recent shut down of at portion of its
silicon carbide business that was not generating revenue. Coherent
also increased the price of some of its datacom solutions,
eliminated more head count, and tightened its operating expenses.
S&P believes the actions will boost Coherent EBITDA margins to the
20%-23% range in fiscal year 2026.
The company will likely generate positive FOCF supported by its
stable top-line growth and improving profitability over the next
few years. Similar to other technology hardware companies, Coherent
has historically been able to generate positive FOCF during periods
of weak revenue by monetizing its working capital to preserve cash.
S&P said, "However, we expect the company will likely face an
increase in its working capital as a use of cash to support its
growth opportunities. We also expect Coherent will increase its
capex as it expands its production and manufacturing capabilities
to maximize its growth opportunities. However, the company received
$1 billion from the sale of 25% of its silicon carbide business,
which it will use to fund its increased capex. While Coherent's
working capital usage and increased capex will hamper its FOCF
generation, we expect its stable top-line growth and improved
EBITDA margins will help offset these headwinds. Furthermore, we
expect the company will be able to generate more than $200 million
of FOCF in fiscal year 2025. In fiscal year 2026, we expect
Coherent's improved EBITDA generation will support increased FOCF
generation to over $400 million. The company's new management team
has also stated that deleveraging is a priority, which leads us to
believe it could use its FOCF to paydown debt."
S&P said, "The stable outlook reflects our expectation that
Coherent will re-establish leverage below the 5x area and generate
positive free operating cash flow (FOCF), despite the tougher
macroeconomic environment and potential tariff headwinds, supported
by stable demand for its datacom transceivers.
"We could lower our rating on Coherent Corp. if it experiences
muted revenue growth and we expect it will sustain S&P Global
Ratings-adjusted leverage of more than 5x. This could occur due to
a combination of weak demand for its products amid the tougher
macroeconomic environment, tariff issues or competitive pressure,
or challenges with its ongoing restructuring and synergy plans.
"We could raise our rating on Coherent Corp. if it sustains
leverage below the 4x area and generates FOCF to debt of more than
10% through macroeconomic and sector specific volatility and
debt-funded acquisitions or shareholder returns." That could occur
if the company continues to benefit from strong demand for its
datacom transceiver solutions and improved profitability from its
various cost-saving initiatives.
COLORADO MG 1031: Seeks Chapter 11 Bankruptcy in Texas
------------------------------------------------------
On July 14, 2025, Colorado MG 1031 LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of Texas.
According to court filing, the Debtor reports between $100 million
and $500 million in debt owed to 25,000 and 50,000 creditors.
The petition states funds will be available to unsecured
creditors.
About Colorado MG 1031 LLC
Colorado MG 1031 LLC operates in the gambling industry, offering
casino gaming services and entertainment venues in Colorado.
Colorado MG 1031 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-90195) on July 14,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
The Debtors are represented by Timothy Alvin Davidson, II, Esq. at
Andrews Kurth LLP.
COPPEDGE PROPERTY: Seeks Subchapter V of Virginia
-------------------------------------------------
On July 16, 2025, Coppedge Property Services LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
Virginia. According to court filing, the Debtor reports between
$50,000 and $100,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Coppedge Property Services LLC
Coppedge Property Services LLC is a single asset real estate
company based in Hampton, Virginia.
Coppedge Property Services LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Va. Case No.
25-50626) on July 16, 2025. In its petition, the Debtor
reports estimated assets between $100,000 and $500,000 and
estimated liabilities between $50,000 and $100,000.
CORNERSTONE HOME: Court Denies Bid to Extend Use of Cash Collateral
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida denied
Cornerstone Home Care Services, LLC's bid for another extension of
its authority to use cash collateral.
The court denied the request as moot following confirmation of the
Debtor's Chapter 11 plan of reorganization.
About Cornerstone Home Care Services
Cornerstone Home Care Services, LLC sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-06707)
with $50,001 to $100,000 in assets and $100,001 to $500,000 in
liabilities.
Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by:
Melissa A. Youngman, Esq.
Winter Park Estate Plans & ReOrgs
P.O. Box 303
Winter Park, FL 32790
Telephone: (407) 374-1372
Email: melissayoungman@melissayoungman.com
CORVIAS CAMPUS: Hires Holland & Knight LLP as Corporate Counsel
---------------------------------------------------------------
Corvias Campus Living - USG, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Holland &
Knight LLP as special corporate counsel.
The firm will render general corporate and transactional legal
services in the context of the Debtor's restructuring such other
services as the Debtor may request.
The firm will be paid at these rates:
Partners of the Firm $890 to $995 per hour
Senior Partner $995 per hour
Senior Counsel $890 to $995 per hour
Associates $600 to $825 per hour
Staff Attorneys $525 to $600 per hour
Paralegals/Practice Support $400 to $450 per hour
and Assistants
In the 90 days before the Petition Date, the firm received payments
from the Debtor amounting to $493,817.16.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Woodrow W. Vaughan, III, a partner at Holland & Knight 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:
Woodrow W. Vaughan, III
Holland & Knight LLP
Regions Plaza
1180 West Peachtree Street NW
Suite 1800
Atlanta, GA 30309
United States of America
Tel: (404) 817-8500
Fax: (404) 881-0470
About Corvias Campus Living - USG, LLC
Corvias Campus Living-USG, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11214 on
June 25, 2025, listing between $10 million and $50 million in
assets and between $500 million and $1 billion in liabilities.
Thelma Edgell, president of Corvias, signed the petition.
Judge Laurie Selber Silverstein oversees the case.
Derek C. Abbott, Esq., at Morris Nichols Arsht & Tunnell, LLP
represents the Debtor as legal counsel.
CRYSTAL AND FAMILY: John Whaley Named Subchapter V Trustee
----------------------------------------------------------
The U.S. Trustee for Region 21 appointed John Whaley, a practicing
accountant in Atlanta, Ga., as Subchapter V trustee for Crystal And
Family Capital LLC.
Mr. Whaley will be paid an hourly fee of $425 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Whaley declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
John T. Whaley, CPA
P.O. Box 76362
Atlanta, GA 30358
Phone: 404-946-5272
Email: trustee@jtwcpa.net
About Crystal And Family Capital LLC
Crystal And Family Capital, LLC is a single asset real estate
company based in Atlanta, Georgia.
Crystal And Family Capital relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-57554) on July 7,
2025. In its petition, the Debtor reported between $100,000 and
$500,000 in assets and up to $50,000 in liabilities.
DEL MONTE FOODS: Hires Alvarez & Marsal to Provide CRO
------------------------------------------------------
Del Monte Foods Corporation II Inc., and its debtor-affiliates ask
the U.S. Bankruptcy Court for the District of New Jersey for
authority to employ Alvarez & Marsal North America, LLC to provide
a Chief Restructuring Officer and additional personnel to assist in
the Debtors' Chapter 11 restructuring efforts. Jonathan Goulding is
designated as Del Monte's CRO, effective as of the Petition Date.
Mr. Goulding is a managing director and authorized representative
of A&M. He currently co-heads the firm's turnaround and
restructuring efforts in the western region of the United States.
He has worked as a financial advisor to stressed and distressed
companies for more than 25 years, and has a bachelor's degree in
chemical engineering from the University of Michigan.
Alvarez & Marsal, led by Mr. Goulding, will perform these services,
as outlined in the Engagement Letter dated June 29, 2025:
-- Review and assess financial information, including short-
and long-term projected cash flows and operating results, in
cooperation with the Debtors' CEO, Greg Longstreet.
-- Identify and implement cost reduction and operational
improvement opportunities.
-- Assist in developing restructuring plans or strategic
alternatives to maximize enterprise value.
-- Serve as a liaison with creditors regarding financial and
operational matters.
-- Assist with debtor-in-possession (DIP) financing, including
weekly budget variance reporting.
-- Support contingency planning for liability management and
restructuring.
-- Assist with vendor management and negotiation of payment
terms, including evaluating executory contracts and leases.
-- Prepare financial information for creditors, such as cash
flow projections, budgets, and analyses of asset and liability
accounts.
-- Coordinate resources for the reorganization effort.
-- Prepare financial disclosures required by the Court,
including Schedules of Assets and Liabilities, Statements of
Financial Affairs, and Monthly Operating Reports.
-- Attend meetings and assist in discussions with potential
investors, banks, lenders, official committees, the U.S. Trustee,
and other parties in interest.
-- Analyze creditor claims and develop databases to track
them.
-- Assist in preparing information and analyses for plan
confirmation, including disclosure statements.
-- Evaluate and analyze avoidance actions (e.g., fraudulent
conveyances and preferential transfers).
-- Advise on key employee compensation and critical employee
benefit programs.
-- Perform other services as requested by the Debtors' board
of directors and agreed to by A&M, provided they are not
duplicative.
A&M will be compensated at customary hourly billing rates, subject
to annual adjustments:
Managing Directors: $1,100 - $1,575/hour
Directors: $850 - $1,100/hour
Analysts/Associates: $450 - $825/hour
A&M will seek reimbursement for reasonable and necessary expenses
(e.g., travel, lodging, computer research, messenger, and telephone
charges). A 4% administrative fee referenced in the Engagement
Letter will not be charged during these Chapter 11 cases.
A&M will also be reimbursed for reasonable fees and expenses of its
outside counsel related to the Debtors' motion.
Fees and expenses will be billed weekly or more frequently as
agreed, with reports of compensation and expenses filed at least
quarterly, subject to Court review if objections are raised.
A&M received a $300,000 retainer under a prior engagement letter,
credited in full under the current Engagement Letter, and
additional payments totaling $5,500,000 in the 90 days prior to the
Petition Date for pre-petition services. The unapplied residual
retainer (amount not specified in the provided text) will be
disclosed in A&M's first compensation report.
A&M attests it is a "disinterested person" as defined by section
101(14) of the Bankruptcy Code, with no connections to the Debtors,
their creditors, other parties in interest, or the U.S. Trustee,
except as disclosed in the Goulding Declaration, which lists A&M's
relationships with various parties (e.g., creditors, customers,
competitors) from prior or current engagements in unrelated
matters. A&M commits to filing supplemental declarations if new
material facts or relationships arise.
A hearing on the request is scheduled for August 4, 2025, at 10:00
a.m. ET before Judge Michael B. Kaplan in Trenton, N.J. Objections
must be filed and served at least seven days before the hearing.
The firm may be reached at:
Jonathan Goulding
ALVAREZ & MARSAL NORTH AMERICA, LLC
1177 Avenue of the Americas
New York, New York 10036
Telephone: (212) 715-9100
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 ArentFox Schiff LLP.
JPMorgan Chase Bank, N.A., as Prepetition and DIP ABL Agent, is
represented by Greenberg Traurig, LLP and Simpson Thacher &
Bartlett LLP.
DEL MONTE: Bankruptcy Puts Saddle Creek at Risk of $1.35MM Losses
-----------------------------------------------------------------
David Taube of Trucking Dive reports that Saddle Creek Logistics
Services, a transportation and warehousing firm with about 400
power units, faces a potential $1.35 million loss tied to Del Monte
Foods' Chapter 11 bankruptcy, stemming from an unsecured claim.
Despite generating $922 million in gross revenue in 2024, according
to Transport Topics, the possible hit adds pressure to a freight
sector already dealing with weak demand and tariff-related
headwinds. Saddle Creek has not commented on the matter.
Del Monte Foods filed for bankruptcy on July 1, listing more than
$1 billion in both assets and liabilities and naming over 10,000
creditors. The filing is expected to send shockwaves through the
supply chain. Other transportation-related creditors with unsecured
claims include Transplace—owned by Uber Freight—with a $9
million claim, New Hampshire-based ES3 at $4 million, and Florida's
CHEP at nearly $470,000. As unsecured creditors, these companies
face lower repayment priority and a greater risk of recovering less
than they're owed, according to Trucking Dive.
Del Monte President and CEO Greg Longstreet said a court-supervised
sale offers the best path forward for the company’s long-term
recovery. The company has also filed standard "first day" motions
to maintain uninterrupted operations during the Chapter 11
process.
About Del Monte Foods Inc.
Del Monte Foods manufactures and distributes packaged food
products. The Company provides canned fruits and vegetables, as
well as a wide range of snacks. Del Monte Foods serves customers
worldwide.
Del Monte Foods Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-16995) on July 1, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Herbert Smith Freehills Kramer (US) LLP and Cole Schotz P.C. are
serving as legal counsel, Alvarez & Marsal North America, LLC is
serving as financial advisor, and PJT Partners is serving as
investment banker to the Company.
DENVER BOULDERING: Jonathan Dickey Named Subchapter V Trustee
-------------------------------------------------------------
The Acting U.S. Trustee for Region 19 appointed Jonathan Dickey as
Subchapter V trustee for Denver Bouldering Club, LLC.
Mr. Dickey will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Dickey declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jonathan M. Dickey, Esq.
1660 Lincoln Street, Suite 1720
Denver, CO 80264
303-832-2400
Email: jmd@kutnerlaw.com
About Denver Bouldering Club LLC
Denver Bouldering Club, LLC operates multiple climbing gyms in the
Denver area, offering memberships, coaching, and outdoor
education.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Colo. Case No. 25-14161) on July 3,
2025. In the petition signed by Thomas Betterton, managing member,
the Debtor disclosed up to $100,000 in assets and up to $1 million
in liabilities.
Judge Thomas B. McNamara oversees the case.
David J. Warner, Esq., at Wadsworth Garber Warner Conrardy, P.C.,
represents the Debtor as legal counsel.
DIOCESE OF OAKLAND: Wants to Postpone Chapter 11 Exit as Fees Soar
------------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that the Diocese of Oakland has
requested to delay its bankruptcy plan confirmation hearing from
late August to mid-November 2025, citing financial difficulties in
covering rising legal costs from the committee representing clergy
sex abuse claimants.
In a Wednesday, July 16, 2025, filing with the U.S. Bankruptcy
Court for the Northern District of California, the Roman Catholic
Bishop of Oakland said it lacks the funds to both implement a
proposed abuse settlement and pay the creditor committee's legal
fees, which have "increased exponentially" in recent months.
About Roman Catholic Bishop Of Oakland
The Roman Catholic Bishop of Oakland, a tax-exempt religious
organization, sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 23-40523) on May 8,
2023. In the petition signed by Bishop Michael Charles Barber, the
Debtor disclosed $100 million to $500 million in both assets and
liabilities.
Judge William J. Lafferty oversees the case.
The Debtor tapped Foley & Lardner LLP as legal counsel and Alvarez
& Marsal North America, LLC as restructuring advisor. Kurtzman
Carson Consultants LLC is the Debtors' claims and noticing agent
and administrative advisor.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee tapped Lowenstein Sandler, LLP as bankruptcy counsel;
Burns Bair LLP as special insurance counsel; and Berkeley Research
Group, LLC as financial advisor.
DIOCESE OF SAN DIEGO: Saunders Represents Sexual Abuse Claimants
----------------------------------------------------------------
The law firm of Saunders & Walker, P.A., filed a verified statement
pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure
to disclose that in the Chapter 11 case of The Roman Catholic
Bishop of San Diego, the firm represents Sexual Abuse Claimant.
Saunders & Walker has offices at 360 Central Avenue, Ste. 800, St.
Petersburg, FL 33701 and 1901 Avenue of the Stars, 2nd Floor, Los
Angeles, CA 90067. Attorney Joseph H. Saunders is duly licensed to
practice before Court of the State of California and the U.S.
District Court for the Southern District of California.
Saunders & Walker individually represents each Sexual Abuse
Claimant. Due to confidentiality, each Claimant 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, Saunders & Walker, is
individually retained by each Claimant to pursue claims for damages
against the Debtor as a result of sexual abuse. This includes
representing and acting on behalf of each Claimant in the
bankruptcy case.
Each Claimant maintains and individual economic interest in the
Debtor that has been disclosed in the Confidential Sexual Abuse
Claim Supplement.
The law firm can be reached at:
SAUNDERS & WALKER, P.A.
Joseph H. Saunders, Esq.
1901 Avenue of the Stars 2nd Floor
Los Angeles, CA 90067
Telephone: 727-579-4500
Email: joe@saunderslawyers.com
carol@saunderslawyers.com
About The Roman Catholic Bishop of San Diego
The Roman Catholic Bishop of San Diego sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.P.R. Case No.
24-02202) on June 17, 2024. In the petition signed by Rodrigo
Valdivia, vice moderator of the Curia, the Debtor disclosed up to
$500 million in both assets and liabilities.
Judge Christopher B. Latham oversees the case.
The Debtor tapped Gordon Rees Scully Mansukhani, LLP, as counsel
and GlassRatner Advisory & Capital Group, LLC, doing business as B.
Riley Advisory Services, as financial advisor. Donlin, Recano &
Company, Inc., is the claims agent and administrative advisor.
DIRECTV ENTERTAINMENT: S&P Downgrades ICR to 'B+' on Sale to TPG
----------------------------------------------------------------
S&P Global Ratings lowered all ratings on U.S.-based satellite
pay-TV company DirecTV Entertainment Holdings LLC (DTV) one notch,
including the issuer credit rating to 'B+' from 'BB-', and removed
them from CreditWatch, where S&P placed them with negative
implications on Sept. 30, 2024.
The stable outlook reflects the company's strong credit metrics for
the rating, offset by private equity ownership, uncertainty around
the pace of EBITDA declines, and subscriber churn.
DTV announced that TPG Capital completed the purchase of AT&T
Inc.'s remaining 70% stake, which S&P believes will increase the
risk of releveraging under private equity ownership.
The downgrade reflects that DirecTV's leverage will be higher under
private equity ownership. TPG has full control over financial
policy and capital allocation decisions, which increases the risk
of releveraging, in S&P's view. Previously, AT&T had split
representation on the board of directors. Material actions, such as
a leveraging dividend, required the consent of AT&T. S&P said,
"Under TPG's ownership, we expect that there will be more of a
focus to meet investment return goals given new money from the
sponsor, which would likely entail debt-financed dividends and
potentially higher leverage. Our base-case forecast assumes that
leverage modestly will increase to 2.3x-2.5x by fiscal year-end
2026 from about 2x pro forma for the $1.6 billion debt-financed
dividend in January 2025, as modest debt amortization is offset by
earnings declines of about 10% and free operating cash flow (FOCF)
averaging about $3 billion annually through 2026."
S&P said, "We believe DTV's leverage will be lower than is typical
for issuers owned by private equity. TPG had held a 30% stake in
DTV since 2021, with considerable influence over financial policy
decisions, including DTV consistently operating within its
previously stated leverage target of 1x-1.5x. We believe that TPG's
new target leverage will be in the 2x area, which is strong for the
rating. However, private equity ownership, the potential for higher
leverage longer term, and challenging industry conditions limit
rating upside."
The linear TV industry is rapidly shrinking, and the model has been
under pressure for years. Programmers have raised rates while
shifting their best content toward direct-to-consumer applications.
Furthermore, distributors have limited flexibility to create
tailored channel lineups because programmers include contractual
minimum penetration per channel in bundled portfolios. Therefore,
households are dropping linear TV services since it is more
expensive and includes too many channels they don't watch. These
factors contributed to mid-teen percent annual subscriber
declines.
DirecTV has been introducing new offerings to reverse these weak
operating trends by pivoting toward streaming options, including
the recently launched sports-centric skinny bundle. S&P said,
"However, we expect YouTubeTV will continue to gain significant
market share within the industry given its low price and inclusion
of several channels that carry news and sports. YouTubeTV is owned
by Alphabet and may be willing to accept low gross programming
margins to gain scale and attract viewers, which can enhance its
larger advertising business model. Therefore, we do not forecast an
improvement in subscriber trends for DirecTV."
The stable outlook reflects DTV's strong credit metrics and healthy
FOCF, offset by uncertainty around the pace of EBITDA declines and
subscriber churn.
S&P said, "We could lower the rating if DirecTV raises leverage
above 3.5x on a sustained basis. We believe this would most likely
be caused by an acquisition or debt-financed dividends to TPG.
"Although unlikely given challenging secular and macroeconomic
trends, we could raise the rating if DirecTV stabilizes its
subscriber and earnings trends such that its overall business risk
prospects improve.
"Alternatively, we could raise our rating if TPG sells down its
stake to allow for more governance protections. Absent an
improvement in the business risk, DTV sustains debt to EBITDA below
2.5x."
DIVISION 2 TRUCKING: Case Summary & 20 Top Unsecured Creditors
--------------------------------------------------------------
Debtor: Division 2 Trucking Company
12491 Zinran Ave.
Savage, MN 55378-1082
Business Description: Division 2 Trucking Company operates as an
intrastate trucking carrier based in
Minnesota. The Company primarily provides
hauling services for construction materials
and aggregates within the state.
Chapter 11 Petition Date: July 16, 2025
Court: United States Bankruptcy Court
District of Minnesota
Case No.: 25-32182
Judge: Hon. Katherine A Constantine
Debtor's Counsel: Joel D. Nesset, Esq.
COZEN O'CONNOR
33 S. 6th Street
Suite 3800
Minneapolis, MN 55402
Tel: 612-260-9000
Fax: 612-260-9080
E-mail: jnesset@cozen.com
Estimated Assets: $50,000 to $100,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Michael Hudalla as principal.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/B4FVDMY/Division_2_Trucking_Company__mnbke-25-32182__0001.0.pdf?mcid=tGE4TAMA
DOCUDATA SOLUTIONS: Plan Exclusivity Extended to Sept. 29
---------------------------------------------------------
Judge Christopher Lopez of the U.S. Bankruptcy Court for the
Southern District of Texas extended Docudata Solutions, LC, and its
debtor affiliates' exclusive periods to file a plan of
reorganization and obtain acceptance thereof to September 29 and
November 28, 2025, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
the application of these factors to the facts and circumstances of
the Chapter 11 Cases demonstrates that the requested extension of
the Exclusive Periods is both appropriate and necessary. First, the
size and complexity of the issues attendant to these cases warrants
approval of the requested relief. In this regard, the Debtors have
over $1 billion in funded debt and a complex capital structure that
includes multiple securitization facilities. The complexities of
the Chapter 11 Cases were also evidenced by the litigation with
certain minority noteholders that surrounded approval of the DIP
Motion on a final basis.
Second, termination of the Exclusive Periods would adversely impact
the Debtors' efforts to preserve and maximize the value of their
estates and progress the Chapter 11 Cases as they would potentially
face the prospect of a competing plan in the event that the
existing Plan was not confirmed on the currently anticipated
timeline. Granting the requested extensions will thus ensure that
the Debtors can work towards confirmation of the Plan without the
distraction, cost and delay of a potential competing plan process.
Third, the progress that the Debtors have made in the Chapter 11
Cases, which, as noted above, has included, entering into the Plan
Support Agreement, obtaining postpetition financing through the
entry of the Final DIP Order, obtaining conditional approval of the
Disclosure Statement and obtaining a date for the Confirmation
Hearing, negotiating and filing the proposed Plan and commencing
solicitation of votes with respect to same, evidences satisfaction
of the third and fourth factors.
Fourth, the Debtors do not seek the extension of the Exclusive
Periods as a means to exert pressure on the relevant parties in
interest. As discussed above, the Debtors have made progress with
their major constituents, resulting in the entry into the Plan
Support Agreement and the filing of the Plan and the Confirmation
Hearing is scheduled to commence in approximately two weeks. The
Debtors seek the requested extension of the Exclusive Periods out
of an abundance of caution simply to ensure the progress made to
date is not upended by a potential loss of their Exclusive Periods
in the event of unexpected delay.
Co-Counsel for the Debtors:
Timothy A. Davidson II, Esq.
Ashley L. Harper, Esq.
Philip M. Guffy, Esq.
HUNTON ANDREWS KURTH LLP
600 Travis Street, Suite 4200
Houston TX 77002
Tel: (713) 220-4200
Email: taddavidson@hunton.com
ashleyharper@hunton.com
pguffy@hunton.com
-and-
Ray C. Schrock, Esq.
Alexander W. Welch, Esq.
Hugh Murtagh, Esq.
Adam S. Ravin, Esq.
Jonathan J. Weichselbaum, Esq.
LATHAM & WATKINS LLP
1271 Avenue of the Americas
New York, NY 10020
Tel: (212) 906-1200
Email: ray.schrock@lw.com
alex.welch@lw.com
hugh.murtagh@lw.com
adam.ravin@lw.com
jon.weichselbaum@lw.com
About Docudata Solutions
Docudata Solutions, LC, together with their Debtors and non-Debtor
affiliates (the Company), are a global leader in business process
automation. Leveraging their worldwide presence and proprietary
technology, the Company offers high-quality payment processing and
digital transformation solutions across the Americas and Asia,
helping clients enhance efficiency and lower operational costs. The
Company has worked with over 60% of the Fortune 100 companies. They
provide essential services to top global banks, financial
institutions, healthcare payers and providers, and major global
brands. These services include finance and accounting solutions,
payment technologies, healthcare payer and revenue cycle
management, hyper-automation and remote work solutions, enterprise
information management, integrated communications and marketing
automation, as well as digital solutions for large enterprises.
Docudata Solutions and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Texas
Case No. 25-90023) on March 3, 2025. In the petitions signed by
Matt Brown, interim chief financial officer, the Debtors disclosed
$500 million to $1 billion in estimated assets and $1 billion to
$10 billion in estimated liabilities.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Hunton Andrews Kurth LLP and Latham & Watkins
LLP, Houlihan Lokey, Financial Advisors, Inc. as investment banker,
AlixPartners, LLP as financial advisor. Omni Agent Solutions, Inc.
is the Debtors' claims, noticing and solicitation agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
DP LOUISIANA: Hires Heller Draper & Horn LLC as Counsel
-------------------------------------------------------
DP Louisiana, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Louisiana to employ Heller, Draper & Horn,
L.L.C. as counsel.
The firm's services include:
a. advising the Debtor with respect to its rights, powers and
duties as Debtor and Debtor-in-possession in the continued
operation and management of the business and property;
b. preparing and pursuing confirmation of a plan of
reorganization as a Debtor that is proceeding under subchapter V
and pursuing approval of the disclosure statement and plan
confirmation should the Debtor cease to elect to continue under
Subchapter V;
c. preparing, on behalf of the Debtor, all necessary
applications, motions, answers, proposed orders, other pleadings,
notices, schedules and other documents, and reviewing all financial
and other reports to be filed;
d. advising the Debtor concerning, and preparing responses
to, applications, motions, pleadings, notices and other documents
which may be filed by other parties herein;
e. appearing in Court to protect the interests of the Debtor;
f. representing the Debtor in connection with use of cash
collateral and/or obtaining post-petition financing;
g. advising the Debtor concerning and assisting in the
negotiation and documentation of financing agreements, cash
collateral orders and related transactions;
h. investigating the nature and validity of liens asserted
against the property of the Debtor, and advising the Debtor
concerning the enforceability of said liens;
i. investigating and advising the Debtor concerning and taking
such action as may be necessary to collect income and assets in
accordance with applicable law, and the recovery of property for
the benefit of the Debtor's estate;
j. advising and assisting the Debtor in connection with any
potential property dispositions;
k. advising the Debtor concerning executory contract and
unexpired lease assumptions, assignments and rejections and lease
restructuring, and recharacterizations;
l. assisting the Debtor in reviewing, estimating and resolving
claims asserted against the Debtor's estate;
m. commencing and conducting litigation necessary and
appropriate to assert rights held by the Debtor, protect assets of
the Debtor's chapter 11 estate or otherwise further the goal of
completing the Debtor's successful reorganization; and
n. performing all other legal services for the Debtor which
may be necessary and proper in this case.
The firm will be paid at these rates:
Douglas S. Draper $600 per hour
Leslie A. Collins $525 per hour
Greta M. Brouphy $500 per hour
Michael E. Landis $475 per hour
Paralegals $250 per hour
The firm received $35,000 ($10,000 on May 6, 2025, and an
additional $25,000 on June 30, 2025) from Debtor in connection with
this Chapter 11 Case.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Douglas S. Draper, Esq., a partner at Heller, Draper & Horn,
L.L.C., disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Douglas S. Draper, Esq.
Heller, Draper & Horn, L.L.C.
650 Poydras Street, Suite 2500
New Orleans, LA 70130
Tel: (650) 299-3300
About DP Louisiana LLC
DP Louisiana LLC is engaged in oil and gas extraction operations.
The Company is based in Louisiana and uses EAG Services in Houston,
Texas, for administrative support.
DP Louisiana LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-11366) on
June 30, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
The Debtors are represented by Douglas S. Draper, Esq. at HELLER,
DRAPER & HORN, LLC.
EIF CHANNELVIEW: S&P Rates Secured First-Lien Term Loan B 'BB-'
---------------------------------------------------------------
S&P Global Ratings assigned its preliminary 'BB-' rating to the
term loan B (TLB). The recovery rating is '1+' (100%).
S&P said, "Our 'BB-' rating reflects our view of strong market
fundamentals in the Electric Reliability Council of Texas (ERCOT)
market in the coming years driven by expected load growth
attributable to data centers, cryptocurrency mining, and commercial
and industrial demand. Our rating also reflects our view of
improved cash flow visibility in the coming years due to Elliott's
hedging strategy."
Elliott Investment Management (Elliott) is seeking to acquire EIF
Channelview Cogeneration LLC, an 851 megawatt (MW) combined cycle
plant near Houston, Texas, from Ares Management. Ares Management
(Ares) will retain a small stake in the asset.
To fund the acquisition, Elliott is raising $260 million in
financing, composed of a $220 million senior secured first-lien
term loan B (TLB), a $30 million senior secured revolving credit
facility (RCF), and a $10 million senior secured letter of credit
facility (LC.)
S&P said, "Based on our view of Channelview's expected operating
performance, as well as projections of market driven variables such
as power and gas prices in ERCOT, we forecast a minimum debt
service coverage ratio (DSCR) of about 2.77x that occurs both
during the TLB period and post-refinancing period.
"The stable outlook reflects our belief that energy market dynamics
and steady operating performance will allow Channelview to achieve
strong DSCRs over the life of the TLB and meaningfully de-lever
through its cash flow sweep mechanism, which supports DSCRs in the
post-refinancing period where we model a fully amortizing
structure."
EIF Channelview Cogeneration LLC is an operational 851 MW, 4x1
combined cycle cogeneration facility near Houston, Texas that
achieved COD in 2002. Channelview utilizes four Siemens 501F-D2
combustion turbines (CT), four Nooter/Eriksen heat recovery steam
generators (HRSG), and one Alstom steam turbine generator (STG).
The plant currently provides 333 MW of contractual power and
contractual steam to Equistar, a subsidiary of LyondellBasell
Industries N.V. (BBB/Negative/A-2) that operates within the
Channelview petrochemical complex, in addition to selling merchant
power.
Demand-growth opportunities are on the horizon. In April 2025,
ERCOT released its long-term hourly peak demand and energy
forecast, which featured summer peak load growing from 87 GW in
2025 to 145 GW by 2031. S&P said, "In the coming years, we believe
ERCOT is set to benefit from load growth attributable to data
centers and cryptocurrency mining in addition to other commercial
and industrial drivers such as the continued buildout and operation
of LNG capacity and oil and gas operations. In the face of this
load growth, ERCOT has sought to incentivize development of
dispatchable generation through the Texas Energy Fund (TEF), which
we believe is indicative of the value of incumbent generators like
Channelview.
S&P said, "Despite strong demand growth forecasts, we view ERCOT as
a volatile, energy-only market where prices are heavily influenced
by inherently unpredictable weather conditions and renewable
output. Unlike other markets in the U.S. that utilize long-term
capacity markets to incentivize the development of new resources,
ERCOT relies on scarcity pricing to incentivize new entrants. This
market construct, in addition to ebbs and flows of intermittent
generation and unpredictable weather conditions, results in
volatile energy prices. For better or worse, this volatility has
been visible in Channelview's cash flow profile over the past
several years. Notably, the project was able to capitalize on high
power prices in 2021 and 2023 when weather conditions drove
merchant spark spreads of $72/MWH and $47.6/MWH and cash flow
available for debt service (CFADS) generation of $170 million and
$91 million, respectively. However, in 2024 increased renewable
output depressed prices, resulting in a merchant spark spread of
$14/MWH and CFADS generation of just $20 million. We do anticipate
years of abnormally high and low prices but view ERCOT's underlying
fundamentals as strong. Additionally, we note that Channelview was
entirely unhedged in 2024. Going forward, we expect Elliott's
hedging strategy to somewhat mitigate the risk of price
volatility.
"Our minimum DSCR of 2.77x occurs in two periods with higher
capital expenditures--once in the TLB period and again in the
refinancing period. The coverage level is a function of the
relatively lower leverage, good cash flow generation and sweeps,
and the value the project generates through its 2045 asset life.
Over the project's life, it has previously shouldered debt burdens
of $375 million and $275 million. The $220 million amount proposed
in this financing represents the lowest the project has carried.
Our forecast anticipates that the project will be able to sweep
about 45% of the original TLB balance over life, resulting in about
$125 million due at maturity. This debt balance is then paid down
through 2045 using our sculpted, fully amortizing approach. Due to
the relatively low debt balance at maturity and material cash flow
generation over the remainder of asset life, DSCRs are generally
just below 3x in our post-refinancing period. The independent
engineer has opined that, to the extent the project is properly
operated and maintained, a useful life of an additional 30 or more
years is reasonable. However, Channelview's steam supply contract
with Equistar underpins our asset life assumption; should
Channelview no longer benefit from this contract, its heat rate
would be materially higher, and its economic life could be
shorter.
"Channelview is important to Equistar's operations, which drives
our assumption that the steam supply agreement will be
re-contracted through asset life. We view Equistar as a
high-quality counterparty. Equistar is a subsidiary of
LyondellBasell, an investment-grade chemical producer, and plays a
key role in LyondellBasell's earnings generation and profitability.
Equistar contributes to LyondellBasell's Americas olefins and
polyolefins segment, which has consistently been a top contributor
to LyondellBasell's earnings. Equistar's importance to
LyondellBasell enforces our belief that it is a high-quality
offtaker. Under the steam supply agreement, Channelview is required
to provide a constant level of steam to Equistar. This steam is an
essential component of and is used directly in Equistar's
production process. Channelview is Equistar's sole external
provider of steam, and we believe replacing Channelview as a source
of steam would likely be costly. Equistar can extend the contract
at its option through 2042, although it is possible but, in our
view, unlikely for Equistar to opt not to extend the contract and
for expiry to be as soon as 2030. We note that LyondellBasell has
carbon reduction goals, and there are lower carbon alternatives
that Equistar could employ in its process such as electric cracking
furnaces. However, we believe this technology would be costly to
employ and could present feasibility challenges.
"The stable outlook reflects our view that Channelview will exhibit
steady operational performance in the coming years and benefit from
a generally supportive market environment as demand grows in ERCOT.
Based on our view of market-driven variables, we believe
Channelview will achieve DSCRs greater than 2.5x over the term loan
period. We anticipate about $125 million of the TLB's principal
balance to remain at maturity.
"We could take a negative rating action on Channelview if DSCRs
fall below 2x on a sustained basis, either over the life of the TLB
or in the post-refinancing period." This could occur if:
-- Channelview experiences operational difficulties that result in
decreased generation, increased cost, or material obligations under
its contracts; or
-- Market driven variables such as power and gas prices remain
depressed for an extended period and/or our long-term view of ERCOT
and Channelview's cash flow generation prospects weaken; or
-- Channelview's steam supply contract with Equistar is not
extended and the facility's operating and cash flow profile change
as a result.
S&P could take a positive rating action on Channelview if the
facility is consistently able to achieve DSCRs above 3x, including
in the post-refinancing period. This could occur if;
-- The facility is able to generate significantly higher cash
flows due to a strong market and operating environment, and those
cash flows result in a material paydown of the project's debt, or;
-- S&P's long-term outlook on ERCOT and Channelview's cash flow
generation prospects further strengthens.
ENCORE GC ACQUISITION: Seeks Chapter 11 Bankruptcy in Texas
-----------------------------------------------------------
On July 9, 2025, Encore GC Acquisition 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 billion and $10 billion in debt owed to 10,000 and 25,000
creditors. The petition states funds will be available to unsecured
creditors.
About Encore GC Acquisition LLC
Encore GC Acquisition LLC is a healthcare services provider
operating in the nursing care facilities sector (NAICS code 6231).
It provides rehabilitation and recovery services, helping patients
regain strength and functionality after illness or injury.
Encore GC Acquisition LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80302) on July
9, 2025. In its petition, the Debtor reports estimated asses and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G Jernigan handles the case.
The Debtors are represented by Marcus Alan Helt, Esq. at Mcdermott
Will & Emery LLP.
FORTRESS HOLDINGS: Unsecureds to be Paid in Full over 5 Years
-------------------------------------------------------------
Fortress Holdings, LLC, submitted a First Amended Disclosure
Statement describing Chapter 11 Plan dated June 26, 2025.
The Debtor's main assets are its real property, 555 Preakness, 561
Preakness and Berkshire, which form the Project. A recent appraisal
by Mid-Atlantic Appraisal, Inc. dated October 1, 2024 appraises the
Project at $42 million.
Mid-Atlantic provided an updated appraisal dated May 20, 2025 which
appraises the Project at $45 million.
On June 23, 2025, the Debtor and Herc Rental Inc.'s entered into a
Stipulation Extending time for Herc Rental Inc. to Answer or
Respond to the Complaint through and including August 19, 2025. On
April 2, 2025, BSB filed a Motion for Summary Judgment in Lieu of
an Answer. On June 12, 2025, the Court granted Summary Judgment in
favor of BSB determining that BSB holds a first mortgage lien
against three of the four parcels owned by the Debtor and fixed the
amount of the principal, interest and late fees as of the Petition
Date.
Class 7 consists of general unsecured claims. Allowed Class 7
Claims shall be paid in full over 5 years on a quarterly basis (20
quarters) with no interest. Total amount of claims is still being
determined in light of the fact that certain claims are subject to
objection and reclassification.
All equity interests in the Debtor will be extinguished on the
Effective Date and equity interests in the Reorganized Debtor shall
be issued on the Effective Date to the following persons in
exchange for the following contributions (collectively the "New
Value Contribution"):
* Paul Qassis or his assignee shall receive 34% of the
Reorganized Debtor in exchange for his agreement to pledge his
ownership interest in Balcony which owns the Plenary Retail
Consumption License and convert any other debt owned by the Debtor
to equity.
* Majid Krikor or his entity shall receive 33% of the
Reorganized Debtor in exchange of his extinguishment of his DIP
Loan in the amount of approximately $350,000 and convert any other
debt owned by the Debtor to equity.
* Abdallah Issa shall receive 33% of the Reorganized Debtor in
exchange of his extinguishment of the Second DIP Loan in the amount
of approximately $450,000 and his agreement to advance additional
monies to implement the plan of reorganization.
Golden Sky shall become the operational entity which shall provide
monthly payments to the Debtor to meet the obligations of the plan
and all operational expenses of the real estate after the Effective
Date. In addition, on the Effective Date, Mr. Qassis shall pledge
his interest in Balcony and Golden Sky to guarantee the obligations
under the Plan of Reorganization.
A full-text copy of the First Amended Disclosure Statement dated
June 26, 2025 is available at https://urlcurt.com/u?l=QQOc7K from
PacerMonitor.com at no charge.
Counsel to the Debtor:
TRENK ISABEL SIDDIQI & SHAHDANIAN P.C.
Richard D. Trenk, Esq.
Robert S. Roglieri, Esq.
290 W. Mt. Pleasant Ave., Suite 2370
Livingston, NJ 07039
Telephone: (973) 533-1000
Email: rtrenk@trenkisabel.law
Email: rroglieri@trenkisabel.law
About Fortress Holdings
Fortress Holdings, LLC, a company in Totowa, N.J., filed Chapter 11
petition (Bankr. D.N.J. Case No. 25-10977) on January 30, 2025,
listing up to $50 million in both assets and liabilities. Paul
Qassis, managing member, signed the petition.
Judge Vincent F. Papalia oversees the case.
Richard D. Trenk, Esq., at Trenk Isabel Siddiqi & Shahdanian P.C.,
is the Debtor's legal counsel.
FRANCHISE GROUP: Aug. 18 TopCo Professional Fee Claims Bar Date
---------------------------------------------------------------
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re:
FRANCHISE GROUP INC., et al.,
Debtors
Chapter 11
Case No. 24-12480 (LSS)
(Jointly Administered)
NOTICE OF (I) ENTRY OF THE TOPCO CONFIRMATION ORDER (II) OCCURRENCE
OF EFFECTIVE DATE WITH RESPECT TO FREEDOM VCM HOLDINGS, LLC, AND
(III) RELATED BAR DATES
On July 1, 2025, the United States Bankruptcy Court for the
District of Delaware (the "Bankruptcy Court") confirmed the Ninth
Amended Joint Chapter 11 Plan of Franchise Group, Inc. and its
Debtor Affiliates [Docket No. 1454] (the "Plan") with respect to
Freedom VCM Holdings, LLC ("TopCo"), which was attached as Exhibit
A to the Findings of Fact, Conclusions of Law, and Order Confirming
the Ninth Amended Joint Chapter 11 of Freedom VOM Holdings, LLC
[Docket No. 1682) (the "TopCo Confirmation Order").
The Effective Date of the Plan with respect to TopCo occurred on
July 3, 2025.
Pursuant to Article X of the Plan, unless otherwise provided by a
Final Order of the Bankruptcy Court, all Proofs of Claim with
respect to Claims arising from the rejection of Executory Contracts
or Unexpired Leases, pursuant to the Pian or the TopCo Confirmation
Order, if any, must be Filed with the Claims Agent within thirty
(30) days after the date of the effectiveness of the rejection of
the applicable Executory Contract of Unexpired Lease. All Allowed
Claims arising from the rejection of TopCo's Executory Contracts or
Unexpired Leases {if any) shall constitute General Unsecured Claims
against TopCo and shall be treated in accordance with Article V of
the Plan and the applicable provisions of the Bankruptcy Code and
the Bankruptcy Rules.
Except as otherwise provided by the TopCo Confirmation Order, the
Plan, or a Final Order of the Bankruptcy Court, thé deadline for
filing requests for payment of Administrative Expense Claims
against TopCo shall be August 4, 2025 (the "Administrative Bar
Date"), which is the first Business Day that is thirty (30) days
after the Effective Date; provided that, for the avoidance of
doubt, the Administrative Bar Date with respect to the Confirmation
Debtors is July 7,2025. If a Holder of an Administrative Expense
Claim against TopCo (other than U.S. Trustee Fees) that is required
to, but, does not, file and serve a request for payment of such
Administrative Expense Claim by the Administrative Bar Date, such
Administrative Expense Claim shall be forever barred and
discharged. If for any reason any such Administrative Expense
Claims is incapable of being forever barred and disallowed, then
the Holder of such Claim shall in no event have recourse to any
property to be distributed pursuant to the Plan.
Pursuant to the Plan, the deadline to file final requests for
payment of Professional Fee Claims against TopCo is August 16, 2025
(the "Professional Fee Application Deadline"), which is the first
Business Day that is forty-five (45) days after the Effective Date
of the Plan with respect to TopCo; provided that, for the avoidance
of doubt, the Professional Fee Application Deadline with respect to
the Confirmation Debtors is July 21,2025. All professionals must
file final requests for payment of Professional Fee Claims by no
later than the Professional Fee Application Deadline to receive
final approval of the fees and expenses incurred in these Chapter
11 Cases.
The Plan and its provisions are binding on the Debtors (including
TopCo), any Holder of a Claim or Equity Interest and such Holder's
respective successors and assigns, whether or not the Claim or
Equity Interest of such Holder is impaired under the Plan, and
whether or not such Holder or Entity voted to accept the Plan.
Copies of the Plan, the Non-TopCo Confirmation Order, the TopCo
Confirmation Order, and other documents and materials Filed in
these Chapter 11 Cases may be obtained at no charge from the
Debtors' Claims Agent by
(a) visiting the Debtors' restructuring website at
https://cases.ra.kroll.com/FRG,
(b) writing to: Franchise Group, Inc. Ballot Processing Center,
c/o Kroll Restructuring Administration, LLC, 850 3rd Avenue, Suite
412, Brooklyn, NY 11232,
(c) emailing FRGinfo@ra.kroll.com (with "Franchise Group
Solicitation Inquiry" in the subject line}, or
(d) calling the Debtors' Claims Agent at (844) 285-4564
(U.S./Canada toll free) or +1 (646) 937-7751 (International).
You may also obtain copies of any pleadings. Filed these
Chapter 11 Cases for a fee via PACER at
https://ecf.deb.uscourts.gov/.
Dated: July 3, 2025, Wilmington, Delaware
Co-Counsel to the Debtors and Debtors in Possession:
Edmon L. Morton
Matthew B. Lunn
Allison S. Mielke
Shella Borovinskaya
YOUNG CORAMAY STARGATT & TATLOR, LLP
Rodney Square, 1000 North King Street
Wilmington, DE 19801
Telephone: (302) 571-6600
Facsimile: (302) 571-1253
E-mail: emorton@ycst.com
mlunn@ycst.com
amielke@ycst.com
sboravinskaya@ycst.com
- and -
Joshua A. Sussberg, P.C.
Nicole L. Greenblatt, P.C.
Derek I. Hunter
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
601 Lexington Avenue
New York, NY 10022
Telephone: (212) 446-4800
Facsimile: (212) 446-4900
E-mail: joshua.sussberg@kirkland.com
nicole.greenblatt@kirkland.com
derek.hunter@kirkland.com
- and -
Mark Matane, PC
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
555 California Street
San Francisco, CA 94104
Telephone: (415) 439-1400
Facsimile: (415) 439-1500
E-mail: mark.mckane@kirkland.com
About Franchise Group Inc.
Franchise Group, Inc., through its subsidiaries, operates
franchised and franchisable businesses including The Vitamin
Shoppe, Pet Supplies Plus, LLC, Badcock Home Furniture & More,
American Freight, Buddy's Home Furnishings and Sylvan Learning
Systems, Inc.
Franchise Group, Inc. and its affiliates filed their voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
D. Del. Lead Case No. 24-12480) on Nov. 3, 2024, listing
$1,000,000,001 to $10 billion in both assets and liabilities. The
petitions were signed by David Orlofsky as chief restructuring
officer.
Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor,
LLP are serving as legal counsel, AlixPartners is serving as
financial advisor and Chief Restructuring Officer, and Ducera
Partners is serving as investment banker to the Company. Paul
Hastings LLP is serving as legal counsel and Lazard is serving as
investment banker to the first lien ad hoc group.
FRANCIS TRUST: Final Hearing to Use Cash Collateral Set for July 22
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Maine is set to hold
a hearing on July 22 to consider final approval of Francis Trust,
LLC's bid to use cash collateral.
The Debtor's authority to use cash collateral pursuant to the
court's July 8 interim order expires on July 22.
The interim order approved the payment of the Debtor's expenses
from the cash collateral in accordance with its budget and granted
Stormfield SPV I, LLC, the Debtor's primary secured creditor,
replacement liens on all assets of the Debtor.
The Debtor owns and operates three adjacent residential rental
properties in Bristol, Maine, collectively valued at $1.83 million
based on 2024 appraisals. Stormfield holds a mortgage on all three
properties and a UCC-1 lien on the Debtor's personal property.
The Debtor defaulted on a $900,000 loan from Stormfield, which has
since grown to approximately $1.1 million.
About Francis Trust
Francis Trust LLC operates The Moorings of New Harbor, a lodging
complex situated in New Harbor, Maine. This property offers a
variety of accommodations, including private units in historic
homes with harbor and ocean views. Amenities at The Moorings
include an indoor heated pool, hot tub, tennis courts, and free
Wi-Fi. Some units are pet-friendly and feature full kitchens,
fireplaces, and expansive decks.
Francis Trust sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Me. Case No. 25-10064) on April 15, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Peter G. Cary handles the case.
Tanya Sambatakos, Esq., at Molleur Law Office is the Debtor's
bankruptcy counsel.
Stormfield SPV I, LLC, as secured creditor, is represented by:
Joan B. Egdall, Esq.
Demerle & Associates, P.C.
10 City Square, 4th Floor
Boston, MA 02129
Phone: (617) 337-4444
Fax: (617) 337-4496
Bankruptcy@demerlepc.com
FRESH START: Ruediger Mueller Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 21 appointed Ruediger Mueller of TCMI,
Inc. as Subchapter V trustee for Fresh Start Development, Inc.
Mr. Mueller will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Mueller declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Ruediger Mueller
TCMI, Inc.
1112 Watson Court
Reunion, FL 34747
Telephone: (678) 863-0473
Facsimile: (407) 540-9306
Email: truste@tcmius.com
About Fresh Start Development Inc.
Fresh Start Development Inc. is a Florida-based development
company.
Fresh Start Development sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04008) on June 13,
2025.
Judge Catherine Peek Mcewen handles the case.
FSH MAINTENANCE: Unsecureds to Get Share of Income for 3 Years
--------------------------------------------------------------
FSH Maintenance, LLC, filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization for Small
Business dated June 25, 2025.
The Debtor, a Florida limited liability company, operated as an FAA
certified 145 Repair Center specializing in Robinson Helicopters.
The Debtor was formed in August of 2013, and its services have
historically included helicopter inspections, repairs, and
maintenance.
On March 24, 2023, the Debtor was sued by BC Dental, Inc., and
Starr Indemnity & Liability Company ("Starr," collectively with BC
Dental, the "Plaintiffs") in the United States District Court for
the Middle District Florida, case number 8:23-cv-00664-WFJ-JSS
("District Court Case"), in connection with a helicopter accident
that occurred in 2019. The Debtor and Plaintiffs see a potential
bad faith, wrongful denial of coverage, or other claim against the
insurer, prompting the Debtor to establish a litigation trust
through its plan to address these claims.
After evaluating alternatives, the Debtor determined that a
Subchapter V Chapter 11 filing provided a venue in which to
effectively address its current debts and best serve the interests
of its creditors, customers, and employee.
This Plan of Reorganization proposes to pay creditors of the Debtor
through the following: (A) Cash on hand on the Effective Date, (B)
Cash generated in the ordinary course of business on and after the
Effective Date, and (C) Proceeds from the Bad Faith Claim through
the Litigation Trust.
Class 4 consists of General Unsecured Claims. Every holder of a
non-priority unsecured claim against the Debtor, excluding those in
Class 3, shall receive its pro-rata share of the Debtor's projected
disposable income as defined by Section 1191(d) of the Bankruptcy
Code and the Plan Contributions, after payment of administrative,
priority tax, secured claims and Class 3. Payments shall be made
annually and payable on the anniversary of the Effective Date
consistent with the plan projections, with the last payment due on
the third anniversary of the Effective Date.
The Debtor estimates that the total amount of claims asserted in
Class 4 will be approximately $161,885.94. Class 4 is Impaired by
the Plan.
Class 5 consists of all equity interests in the Debtor. The
existing equity holders will retain their equity interests in the
Debtor. No distributions will be made to equity interest holders
solely on account of their interests until the distributions to
Class 4 have been made. Because no distributions will be made under
the Plan, the value of the Class 5 equity interests shall be $0.00
for purposes of the Plan.
Payments required under the Plan will be funded from (i) existing
cash on hand on the Effective Date, (ii) net disposable income
generated by continued business operations; and, (iii) Exit Plan
Financing.
A full-text copy of the Plan of Reorganization dated June 25, 2025
is available at https://urlcurt.com/u?l=DXcPDt from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Almarosa C. Torres-O'Connor, Esq.
Stitchter Riedel Blain & Postler, P.A.
110 E. Madison Street, Suite 200
Tampa, Florida 33602
Telephone: (813) 229-0144
Email: atorres@srbp.com
About FSH Maintenance
FSH Maintenance, LLC, a Florida limited liability company, operated
as an FAA certified 145 Repair Center specializing in Robinson
Helicopters.
The Debtor filed a petition for relief under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01897) on
March 27, 2025, listing between $100,001 and $500,000 in assets and
between $500,001 and $1 million in liabilities.
Judge Roberta A. Colton oversees the case.
Almarosa Carolina Torres-O'Connor, Esq. at Stichter, Riedel, Blain
& Postler, P.A., is the Debtor's legal counsel.
GCI LLC: S&P Upgrades ICR to 'BB-', Off CreditWatch Negative
------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on GCI LLC one
notch to 'BB-' from 'B+'. S&P also raised its issue-level rating on
the company's senior secured debt one notch to 'BB+' and senior
unsecured debt to 'BB-'. S&P's recovery ratings are unchanged. S&P
removed the ratings from CreditWatch, where it placed them on March
20, 2025, with negative implications.
The stable outlook reflects S&P's view that GCI will maintain
leverage in the high-2x area over the next year, with the potential
for it to increase to the 3x-4x area on an S&P Global
Ratings-adjusted basis based on its financial policy. It also
expects S&P Global Ratings-adjusted free operating cash flow (FOCF)
to debt will remain at or above 10%, in line with the thresholds
for the rating.
On June 27, 2025, the U.S. Supreme Court affirmed the
constitutionality of the funding mechanism for the Federal
Communications Commission's (FCC)'s Universal Service Fund (USF)
program in a 6-3 decision.
On June 27, 2025, the U.S. Supreme Court affirmed the
constitutionality of the funding mechanism for the Federal
Communications Commission's (FCC)'s Universal Service Fund (USF)
program in a 6-3 decision.
The U.S. Supreme Court's recent ruling effectively preserves the
funding mechanism for USF, making it highly unlikely that GCI will
experience any revenue loss related to the program. This ruling
affirms the FCC's authority to collect fees from telecommunications
companies to fund programs that ensure affordable access to
communications services, particularly for low-income individuals,
those in high-cost areas, and schools and libraries. Given that USF
and other federal subsidy programs account for about 42% of GCI's
annual revenue, this ruling was a very favorable outcome for the
company's financial risk profile.
The upgrade reflects a more prudent financial policy following its
spin-off from Liberty Broadband. S&P said, "We believe the company
will maintain leverage in the high-2x area over the next couple of
years. Over the long term, we expect GCI to operate within a
leverage target of 3x-3.5x (S&P Global Ratings-adjusted leverage of
3.6x-3.7x at the high end), which allows for the possibility of
cash distributions to shareholders, and possibly debt-financed
acquisitions, as per its stated financial policy. However, as an
independent, publicly traded entity, GCI is no longer expected to
distribute dividends to Liberty. While it still may pay dividends
to public shareholders, we expect these distributions to be at a
much more conservative level."
S&P said, "We expect GCI will maintain leverage in the high-2x area
over the next couple of years. As of March 31, 2025, leverage stood
at 2.9x, down from 3.1x as of the end of 2024. We expect total
revenue to grow about 2% this year and 1% in 2026, down from 3.6%
in 2024. Our base-case forecast assumes mid-single-digit percent
growth in business data revenue and 2% consumer broadband revenue
growth, partially offset by steep declines in other revenue (video
and voice) as the company phases out its video product this year.
We also forecast modest wireless post-paid net adds of
approximately 1,200 in 2025, excluding segment reclassifications,
due to mature market conditions in Alaska. Our base-case forecast
also assumes a 5% decline in operating expenses this year following
the company's internal reorganization of its network and IT
divisions last year, which will contribute to higher earnings.
"Despite a significant uptick in capital expenditure (capex), we
expect FOCF to remain relatively flat in 2025. We expect GCI will
record FOCF of around $88 million in 2025, in line with 2024, and
S&P Global Ratings-adjusted FOCF to debt to be about 10%. We expect
2025 capex will be about $250 million, net of grant proceeds, up
from $183 million in 2024, due to additional investments in middle
and last mile connectivity, as well as continued network expansion
into rural areas. We expect capex to remain elevated in 2026 before
declining to more normalized levels in 2027.
"The stable outlook reflects our view that GCI will maintain
leverage in the high-2x area over the next year, with the potential
to increase to the 3x-4x area on an S&P Global Ratings-adjusted
basis based on its financial policy. We also expect S&P Global
Ratings-adjusted FOCF to debt will remain at or above 10%, in line
with the thresholds for the rating."
Although unlikely over the next year, S&P could lower its rating on
GCI if:
-- Deteriorating top-line trends and lower earnings reduce FOCF to
debt to below 10%; or
-- Debt-financed acquisitions or dividends increase leverage
above 4x.
While unlikely in the near term based on the company's financial
policy, S&P could raise the rating on GCI if it:
-- Commits to maintaining leverage below 3x;
-- Improves its geographic diversity; and
-- Reduces exposure to government subsidies, which would indicate
improved business risk characteristics.
GEO GROUP: Moody's Affirms 'B2' CFR & Alters Outlook to Positive
----------------------------------------------------------------
Moody's Ratings affirmed The GEO Group, Inc.'s ("GEO" or "the
Company") B2 corporate family rating and B3 senior unsecured notes
rating. Concurrently, Moody's affirmed the B1 ratings on GEO's
senior secured notes and senior secured bank credit facility, as
well as the (P)B3 rating on its senior unsecured shelf. The outlook
was changed to positive from stable.
The change in outlook reflects Moody's expectations that GEO's
leverage and coverage metrics will improve over the next 2–4
quarters due to debt reduction from asset sale proceeds and
increased income from reactivated prison facilities.
RATINGS RATIONALE
GEO's B2 corporate family rating reflects its position as one of
the two leading private prison operators in the U.S, renewal risk
for federal contracts which are impacted by shifts in regulatory
policy, and its high exposure to service revenue contracts.
Recent administrative and legislative changes have led to increased
demand for prison capacity, particularly from Immigration and
Customs Enforcement (ICE). However, there is meaningful uncertainty
about the demand for private prisons over the longer term because
of the potential for sudden and meaningful change regulatory policy
and societal pressures regarding reducing incarceration rates.
At the end of the first quarter of 2025, GEO's Secure Services
segment owned and operated 57 prisons in the US, of which 6 were
idle facilities. One previously inactive facility was brought
online earlier this year, and there may be further similar actions
in the coming quarters. These changes could affect income growth in
2025 and 2026.
There remains significant uncertainty over the demand for private
prisons over the longer term, especially for the properties with
federal tenants such as ICE, United States Marshals Service (USMS)
and the Federal Bureau of Prisons. ICE contracts accounted for 43%
of GEO's revenue in the first quarter of 2025 and the company's
second largest tenant exposure was to USMS at 16%. The company's
contract retention rate declined to 83% in the first quarter of
2025 from the 94% average in the 2022-2024 period. Moody's expects
the retention rate to recover because of near-term need, primarily
from ICE, for prison capacity.
The electronic monitoring and supervision segment accounted for 23%
of GEO's net operating income in the first quarter of 2025. The
contract with ICE (ISAP), its only customer, expires in July 2025.
The likelihood of termination is minimal because GEO has been the
only provider for the service for the last 15 years. Nevertheless,
reduced pricing in a new contract or decline in participant count
are factors that could depress the income contribution from this
segment over time.
At the end of the first quarter of 2025, GEO's net debt to EBITDA
ratio was 3.8x and its EBITDA to interest expense ratio was 2.4x.
Given the company's plan to pay down debt using proceeds from the
recently announced Oklahoma asset sale, and forecast growth in
income, Moody's expects its net debt to EBITDA to improve to 3.0x
over the next 2-4 quarters. In the same period, Moody's forecasts
that GEO's fixed charge coverage will increase to 3.1x.
The company's liquidity profile is supported by solid operating
cash flow, moderate capital expenditure needs primarily related to
reactivating idle facilities, and no material debt maturity until
2029. GEO's SGL-2 speculative grade liquidity rating also reflects
the increase in the size of its revolving credit facility.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if net debt to EBITDA remains below
3.5x and EBITDA to fixed charges increases and is maintained above
3.0x. Improvement in rental economics, stable ISAP income, sound
liquidity and better long-term prospects for private prisons are
some other factors that could prompt an upgrade.
A rating downgrade is unlikely given the positive outlook and would
likely reflect net debt to EBITDA exceeding 4.5x, EBITDA to fixed
charges falling below 2.0x and deterioration in liquidity and
capital access. Non-renewal of the ISAP contract or renewal with
materially weaker terms, or regulatory changes that reduce demand
for private prisons could also result in a downgrade.
The GEO Group, Inc. (NYSE: GEO) is a leading provider of
correctional, detention, and reentry services to government
agencies in the US and internationally. As of March 31, 2025, GEO
owned or operated 98 facilities with 76,578 beds across the US,
Australia, South Africa, and the U.K. In the first quarter of 2025,
managed facilities accounted for 15% of GEO's net operating income
(NOI) and non-residential services including electronic monitoring
accounted for 30% of NOI.
The principal methodology used in these ratings was REITs and Other
Commercial Real Estate Firms published in May 2025.
GEO's B2 CFR rating is 3 notches below the current
scorecard-indicated outcome of Ba2. The difference reflects the
niche nature of its asset class and observed volatility in demand.
Both factors warrant more conservative balance sheets and stronger
liquidity.
GEO GROUP: S&P Upgrades ICR to 'BB-' on Debt Reduction
------------------------------------------------------
S&P Global Ratings raised its issuer credit and senior unsecured
issue-level ratings on U.S.-based private prison operator The GEO
Group Inc. to 'BB-' from 'B+', and its senior secured debt rating
to 'BB+' from 'BB'.
S&P said, "The positive outlook reflects the potential we could
raise our rating on GEO over the next 12 months if it performs in
line with our forecast and sustains leverage of less than 3x with
free operating cash flow (FOCF) to debt greater than 10%.
"Our ratings upgrade reflects GEO's improved operating performance
and debt reduction. GEO expects to use net proceeds of $222 million
from the sale of its Lawton Facility in Oklahoma and liquidity from
its new $450 million revolver to repay senior secured debt. This,
combined with expected EBITDA growth, will result in a significant
reduction in leverage, from 3.8x as of March 31, 2025, to around
2.8x by year-end 2025. While we expect the company's leverage will
remain below 3x in 2026, the company has not yet demonstrated a
track record of maintaining leverage at this level. We believe
there is a risk the company could temporarily increase leverage to
complete an asset purchase or engage in share repurchases.
Therefore, the company would need to maintain leverage below 3x
with a commitment to a more conservative financial policy target in
order for S&P Global Rating to consider another upgrade.
"The positive outlook reflects increased demand for GEO's services,
leading to performance upside. The U.S. administration has taken an
aggressive approach to its immigration policies, leading to a surge
in U.S. Immigration and Customs Enforcement (ICE) utilization for
GEO's facilities. Since the start of 2025, the company has
reactivated three idle facilities and been awarded significant
contracts with the government, including a new U.S. Marshals
Service contract for secure transportation and contract detention
officer services, which we expect will result in over $200 million
of incremental annual revenue. The government's bill passed in
early July of this year significantly increases funding for
immigration enforcement, which we expect will result in greater
demand for GEO's services. We think there is significant upside for
facilities where GEO houses detainees, which could result in higher
utilization and efficiencies. For the remaining facilities that are
idle, we believe there are opportunities for GEO to bring these
back online, though the timing is uncertain. Therefore, our base
case does not include benefit from idle facilities.
"GEO's stable cash flows under long-term contracts support our
rating action. While we expect fluctuation in demand for
immigration services across presidential administrations, we expect
ICE detention authorization will likely increase and remain above
50,000 beds given the Laken Riley Act, which was passed earlier in
2025 and requires the government to detain undocumented immigrants
who have been charged with a crime. Therefore, we believe this
greater demand is likely to stay at or near these levels across
administrations. While the company still faces risks, including
regulation, political exposure, and social pressure, it has stable
cash flows under long-term contracts and has demonstrated access to
the capital markets with a commitment to deleveraging.
"GEO has operated with a less-aggressive financial policy since its
debt restructuring in 2022, though it will likely increase its
shareholder returns over the next 12 months. After the expected
debt repayment with asset sale proceeds, GEO will have repaid over
$500 million of debt since 2022. Under its credit facility
covenants, GEO can retain 25% of its excess cash flow until
September 2025 and 50% after that date, which it can use to fund
shareholder returns if leverage is 2.5x-3.5x. Additionally, the
recently amended terms of its senior secured credit facility
provides a new general restricted payments basket of $150 million
when leverage is below 3x. While the company has operated with
leverage well below 4x for a number of quarters, we believe there
is risk that the company will not sustain leverage below 3x in our
updated 2025 base case if it pursues acquisitions and/or materially
increases its share repurchase activity. Our base case assumes the
company will take a measured approach to shareholder returns, and
we will monitor the company's financial policy over the next year
to assess whether it is committed to maintaining S&P Global
Ratings-adjusted leverage below 3x.
"The positive outlook reflects the potential we will raise our
rating on GEO over the next 12 months if it performs in line with
our forecast and sustains leverage of less than 3x with FOCF to
debt greater than 10%."
S&P could revise its outlook on GEO to stable over the next 12
months if it expects leverage will remain above 3x. This could
occur if:
-- The expected improvement in its EBITDA and cash flow from the
new administration's policies do not materialize;
-- The company materially increases its shareholder returns, and
acquisitions that leads to a deterioration in credit metrics.
S&P could raise its ratings on GEO if it sustains S&P Global
Ratings-adjusted leverage of below 3x while maintaining FOCF to
debt of more than 10%. This could occur if:
-- The company benefits from a material increase in demand from
the government that bolsters its operating performance;
-- It successfully executes on the business tailwinds, which could
likely lead to reopening of idle facilities;
-- Management prudentially manages its capital allocation strategy
in order to maintain leverage below 3x.
GLOBAL CONCESSIONS: Seeks to Extend Plan Exclusivity to Nov. 28
---------------------------------------------------------------
Global Concessions Inc., asked the U.S. Bankruptcy Court for the
Northern District of Georgia to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
November 28, 2025 and January 27, 2026, respectively.
This Motion is the Debtor's first request for an extension of the
Exclusivity Periods, and the request will not unfairly prejudice or
pressure the Debtor's creditor constituencies or grant the Debtor
any unfair bargaining leverage.
The Debtor claims that it needs creditor support to confirm any
plan, so the Debtor is in no position to impose or pressure its
creditors to accept unwelcome plan terms. The Debtor seeks an
extension of the Exclusivity Periods to advance the case and
continue good faith negotiations with its stakeholders.
The Debtor explains that premature termination of the Exclusivity
Periods may engender duplicative expense and litigation associated
with multiple competing plans. Any litigation with respect to
competing plans and resulting administrative expenses will only
decrease recoveries to the Debtor's creditors and significantly
delay, if not undermine entirely, the possibility of prompt
confirmation of a plan of reorganization.
The Debtor asserts that given the consequences for the Debtor's
estate if the relief requested herein is not granted and the
substantial progress made to date, the requested extension of the
Exclusivity Periods will not prejudice the legitimate interests of
any party in interest in this case. Rather, the extension will
further the Debtor's efforts to preserve value and avoid
unnecessary and wasteful litigation.
Global Concessions Inc. is represented by:
Benjamin Keck, Esq.
Jonathan Clements, Esq.
Keck Legal, LLC
2801 Buford Highway NE, Suite 115
Atlanta, GA 30329
Tel: (470) 826-6020
Email: bkeck@kecklegal.com
About Global Concessions, Inc.
Global Concessions Inc., established in 1990 and headquartered in
Atlanta, Georgia, specializes in operating food and beverage
concessions, primarily within major transportation hubs across the
United States. The Company has expanded its portfolio to include a
diverse range of dining experiences, from quick-service
partnerships with renowned brands like IHOP Express, Ben & Jerry's,
and Nathan's Famous, to unique, stand-alone restaurants such as
Sweet Georgia's Juke Joint and One Flew South.
Global Concessions Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-53640) on April 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million.
The Debtor tapped Benjamin Keck, Esq., at Keck Legal, LLC as
counsel and GlassRatner Advisory & Capital Group, LLC, doing
business as B. Riley Advisory Services, as restructuring advisor.
GULFSTREAM YACHT: Hires Mark S. Roher P.A as Counsel
----------------------------------------------------
Gulfstream Yacht Management, Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ Mark
S. Roher, P.A. a/k/a The Law Office of Mark S. Roher, P.A. as
counsel.
The firm will provide these services:
a. give advice to the Debtor with respect to its powers and
duties as Debtor in possession and the continued management of its
finances;
b. advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
c. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
d. protect the interest of the Debtor in all matters pending
before the Court;
e. represent the Debtor in negotiation with his creditors in
the preparation of a plan.
The firm will be paid at $500 per hour.
The firm will be paid a retainer in the amount of $10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mark S. Roher, Esq., a partner at Mark S. Roher, P.A. a/k/a The Law
Office of Mark S. Roher, 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:
Mark S. Roher, Esq.
Law Office of Mark S. Roher, P.A.
1806 N. Flamingo Road, Suite 300
Pembroke, FL 33028
Telephone: (954) 353-2200
Facsimile: (877) 654-0090
Email: mroher@markroherlaw.com
About Gulfstream Yacht Management, Inc.
Gulfstream Yacht Management, Inc., filed a Chapter 11 bankruptcy
petition (Bankr. M.D. Fla. Case No. 2:25-bk-01113-FMD) on June 15,
2025. The Debtor hires Mark S. Roher, P.A. a/k/a The Law Office of
Mark S. Roher, P.A. as counsel.
HIGHER GROUND: US Trustee Opposes Bankruptcy Loan
-------------------------------------------------
Benjamin Hernandez of Bloomberg Law reports that Higher Ground
Education Inc., a Montessori school operator, is facing opposition
from the U.S. Trustee over its proposed $8 million Chapter 11
financing package.
In an objection filed Wednesday, July 16, 2025, in the U.S.
Bankruptcy Court for the Northern District of Texas, U.S. Trustee
Lisa L. Lambert challenged the company's plan to roll up $2 million
in pre-bankruptcy debt to a higher payment priority.
She also objected to provisions granting liens on avoidance actions
and waiving certain creditor rights, according to the report.
The financing proposal includes a $5.5 million senior facility from
YYYYY LLC, which features a $500,000 roll-up, and a $2.5 million
junior facility from Guidepost Global Education Inc., with a $1.5
million roll-up. Lambert argued that these roll-ups improperly
elevate junior creditors by giving them superpriority claims,
including on potential recovery actions for pre-bankruptcy
payments. She also criticized the plan's treatment of general
unsecured creditors, who would only receive recoveries from
avoidance actions if their voting class approves the plan—making
their payout uncertain. Additionally, the proposal seeks to waive
the estate’s ability to surcharge collateral and restricts some
creditors from asserting the equitable doctrine of marshaling.
Higher Ground filed for Chapter 11 in June 2025, citing burdensome
leases, increased secured debt, and ongoing losses following
aggressive expansion. It has since been forced to sell off assets,
including intellectual property and schools, after defaulting on a
secured loan.
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.
HILT 2025-NVIL: Moody's Assigns B3 Rating to Cl. F Certs
--------------------------------------------------------
Moody's Ratings has assigned definitive ratings to six classes of
CMBS securities, issued by HILT 2025-NVIL, Commercial Mortgage
Pass-Through Certificates, Series 2025-NVIL:
Cl. A, Definitive Rating Assigned Aaa (sf)
Cl. B, Definitive Rating Assigned Aa3 (sf)
Cl. C, Definitive Rating Assigned A3 (sf)
Cl. D, Definitive Rating Assigned Baa3 (sf)
Cl. E, Definitive Rating Assigned Ba3 (sf)
Cl. F, Definitive Rating Assigned B3 (sf)
RATINGS RATIONALE
The certificates are collateralized by a single loan backed by a
first lien commercial mortgage related to the full-service hotel
property known as the Hilton Nashville Downtown. Moody's ratings
are based on the credit quality of the loans and the strength of
the securitization structure.
The Hilton Nashville Downtown is a 12-story, 330-guestroom,
AAA-Four Diamond, full-service, all-suite hotel. Collateral of the
loan also includes a 592-space, third-party managed, subterranean
parking garage located immediately south of the hotel structure.
The Property was originally developed in 2000 as a Hilton Suites
but was renovated soon after as part of a conversion to a
full-service Hilton in 2005. Given the original design, all
guestrooms are configured as suites and offer an average floor area
of 420 SF. Hotel features include approximately 27,000 SF of
meeting space, four food and beverage venues, a fitness center,
executive lounge, gift shop, and Hertz Car Rental.
Moody's approach to rating this transaction involved the
application of Moody's Large Loan and Single Asset/Single Borrower
Commercial Mortgage-backed Securitizations methodology. The rating
approach for securities backed by a single loan compares the credit
risk inherent in the underlying collateral with the credit
protection offered by the structure. The structure's credit
enhancement is quantified by the maximum deterioration in property
value that the securities are able to withstand under various
stress scenarios without causing an increase in the expected loss
for various rating levels. In assigning single borrower ratings,
Moody's also considers a range of qualitative issues as well as the
transaction's structural and legal aspects.
The credit risk of loans is determined primarily by two factors: 1)
Moody's assessments of the probability of default, which is largely
driven by each loan's DSCR, and 2) Moody's assessments of the
severity of loss upon a default, which is largely driven by each
loan's loan-to-value ratio, referred to as the Moody's LTV or MLTV.
As described in the CMBS methodology used to rate this
transaction, Moody's makes various adjustments to the MLTV. Moody's
adjust the MLTV for each loan using a value that reflects
capitalization (cap) rates that are between ou Moody's r
sustainable cap rates and market cap rates. Moody's also uses an
adjusted loan balance that reflects each loan's amortization
profile.
The Moody's first mortgage actual DSCR is 1.09X, compared to 1.10X
in place at Moody's provisional ratings, and Moody's first mortgage
actual stressed DSCR is 0.94X. Moody's DSCR is based on Moody's
stabilized net cash flow.
The loan first mortgage balance of $210,000,000 represents a
Moody's LTV of 121.2%. Moody's LTV ratio is based on Moody's value.
Moody's did not adjust Moody's value to reflect the current
interest rate environment as part of Moody's analysis for this
transaction.
Moody's also grade properties on a scale of 0 to 5 (best to worst)
and consider those grades when assessing the likelihood of debt
payment. The factors considered include property age, quality of
construction, location, market, and tenancy. The property's quality
grade is 2.00.
Positive features of the transaction include the location, asset
quality, strong forward bookings, brand affiliation and
sponsorship. Offsetting these strengths are declining metrics, new
supply, lack of collateral diversification, interest-only loan
profile, performance volatility inherent within the hotel sector,
and certain credit negative legal features.
The principal methodology used in these ratings was "Large Loan and
Single Asset/Single Borrower Commercial Mortgage-backed
Securitizations" published in January 2025.
Moody's approach for single borrower and large loan multi-borrower
transactions evaluates credit enhancement levels based on an
aggregation of adjusted loan level proceeds derived from Moody's
Moody's loan level LTV ratios. Major adjustments to determining
proceeds include leverage, loan structure, and property type. These
aggregated proceeds are then further adjusted for any pooling
benefits associated with loan level diversity, other concentrations
and correlations.
Factors that would lead to an upgrade or downgrade of the ratings:
The performance expectations for a given variable indicate Moody's
forward-looking views of the likely range of performance over the
medium term. Performance that falls outside the given range may
indicate that the collateral's credit quality is stronger or weaker
than Moody's had previously anticipated. Factors that may cause an
upgrade of the ratings include significant loan pay downs or
amortization, an increase in the pool's share of defeasance or
overall improved pool performance. Factors that may cause a
downgrade of the ratings include a decline in the overall
performance of the pool, loan concentration, increased expected
losses from specially serviced and troubled loans or interest
shortfalls.
HOOTERS OF AMERICA: Plan Confirmation Hearing Scheduled for Aug. 20
-------------------------------------------------------------------
IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF
TEXAS, DALLAS DIVISION
In re: Hooters of America, LLC, et al.,
Debtors.
Chapter 11
Case No. 25-80078 (SWE)
(Jointly Administered)
NOTICE OF (I) COMBINED HEARING ON THE FINAL APPROVAL OF THE
DISCLOSURE STATEMENT, CONFIRMATION OF THE CHAPTER 11 PLAN, AND
RELATED MATTERS, AND (II) OBJECTION DEADLINES AND SUMMARY OF THE
CHAPTER 11 PLAN
THE BANKRUPTCY COURT HAS GRANTED THE SCHEDULING ORDER AUTHORIZING
THE DEBTORS TO SOLICIT VOTES TO ACCEPT OR REJECT THE PLAN FROM
HOLDERS OF CLAIMS IN VOTING CLASSES
HOLDERS OF SUCH CLAIMS HAVE UNTIL AUGUST 12, 2025 AT 4:00 P.M.
(PREVAILING CENTRAL TIME) TO VOTE ON THE PLAN BY FOLLOWING THE
INSTRUCTIONS ON THEIR BALLOTS.
TO: ALL HOLDERS OF CLAIMS, HOLDERS OF INTERESTS, AND PARTIES IN
INTEREST IN THE ABOVE-CAPTIONED CHAPTER 11 CASES
On March 31, 2025 (the "Petition Date"), Hooters of America, LLC
and its affiliated debtors and debtors in possession (together, the
"Debtors"), commenced cases (the Chapter 11 Cases") under chapter
11 of title 11 of the United States Bankruptcy Court for the
Northern District of Texas (the "Bankruptcy Court"). After the
Petition Date, the Debtors filed the Second Amended Joint Chapter
11 Plan of Reorganization of Hooters of America, LLC and its
Affiliated Debtors (as amended, supplemented, or otherwise modified
from time to time, the "Plan" (Docket No. 563), attached as Exhibit
A to the Disclosure Statement for the Second Amended Joint Chapter
11 Plan of Reorganization of Hooters of America, LUC and Its
Affiliated Debtors (as amended, supplemented, or otherwise modified
from time to time, the "Disclosure Statement") (Docket No. 564). On
July 8, 2025, the Bankruptcy Court entered the Order (I) Scheduling
a Combined Hearing on (A) Adequacy of Disclosure Statement and (B)
Plan Confirmation; (II) Fixing Deadlines Related to Disclosure
Statement Approval and Plan Confirmation; (III) Approving (A)
Solicitation and Voting Procedures, (B) Form and Manner of Combined
Hearing Notice and Objection Deadline, and (C) Notice Of Non-Voting
Status; (IV) Conditionally Approving The Disclosure Statement, and
(V) Granting Related Relief (the" Scheduling Order).
Copies of the Plan, Disclosure Statement, Restructuring Support
Agreement, and related documents are available (a) for a fee via
PACER at https://pacer.uscourts.gov/ (PACER login required); (b)
for free at the Clerk of the Bankruptcy Court between the hours of
8:00 a.m. and 4:00 p.m., (prevailing Central Time); or (c) for free
via the Debtors' restructuring website,
https://cases.ra.kroll.com/Hooters/,
maintained by the Debtors' Voting. Solicitation documents in paper
format will also be provided, free of charge upon request of the
Voting Agent via (i) telephone at (888) 575-4910 (U.S./Canada, toll
free) or +1 (646) 844-3894 (international, toll) or (ii) email at
Hootersinfo@ra.kroll.com (with "Hooters Solicitation Inquiry" in
the subject line).
A combined hearing to consider final approval of the Disclosure
Statement on a final basis and confirmation of the Plan and any
objections thereto will be held before the Honorable Scott W.
Everett, United States Bankruptcy Judge, in Courtroom #3, Earle
Cabell Federal Building, 1100 Commerce St., 14th Floor, Dallas, TX
75242-1496 on August 20,2025 at 9:30.a.m.(prevailing Central Time),
subject to Court's availability (the "Combined Hearing"). Please be
advised that the Combined Hearing maybe continued from time to time
by the Bankruptcy Court or the Debtors without further notice other
than by such adjournment being announced in open court or by a
notice of adjournment filed with the Bankruptcy Court and served on
other parties entitled to notice. The Debtors expect to meet the
requirements for confirmation of the Plan and to emerge from
bankruptcy shortly after the Combined Hearing.
Any objections to final approval of the Disclosure Statement and/or
confirmation of the Plan (each an "Objection") must be filed with
the Clerk of the Bankruptcy Court no later than 4:00 p.m.
(prevailing Central Time) on August 12, 2025 (the "Objection
Deadline"). Further, the Objection must: (a) be writing; (b) comply
with the Federal Rules of Bankruptcy Procedure and the Local Rules
for the Northern District of Texas (c) state the name and address
of the objecting party and the amount and nature of the Claim or
Interest or beneficially owned by such entity or individual; (d)
state with particularity the legal and factual bases for such
Objections; and, if practicable, a proposed modification to the
Plan or Disclosure Statement that would resolve such Objections;
and (e) be served on the Notice Parties on or before the Objection
Deadline. Any Objection that fails to comply with requirements set
forth in the Scheduling may not be considered and may be
overruled.
UNLESS AN OBJECTION IS TIMELY SERVED AND FILED IN ACCORDANCE WITH
THIS HOTICE IT MAY NOT BE CONSIDERED BYTHEBANKRUPTCY COURT.
CRITICAL INFORMATION REGARDING INJUNCTIONS, EXCULPATIONS, AND
RELEASES. ARTICLE VIII OF THE PLAN CONTAINS RELEASE, EXCULPATION,
INJUNCTION, AND RELATED PROVISIONS, AND ARTICLE VIII.D OF THE PLAN
CONTAINS A THIRD-PARTY RELEASE. THUS, YOU ARE ADVISED TO REVIEW AND
CONSIDER THE PLAN CAREFOLLY BECAUSE YOUR RIGHTS BE AFFECTED
THEREUNDER. HOLDERS OF CLAIMS ARE DEEMED TO GRANT THE THHRD-PARTY
RELEASE SET FORTH IN ARTICLE VIII.D OF THE PLAN SOLELY TO THE
EXTENT A HOLDER AFFIRMATIVELY OPTS INTO SUCH GRANT BY COMPLETING
AND RETURNING THE OPT-IN FORM ON OR BEFORE AUGUST 12, 2025 AT 4:00
P.M. (PREVAILING CENTRAL TIME).
YOU ARE ADVISED TO CAREFULLY REVIEW AND CONSIDER THE PLAN,
INCLUDING THE DISCHARGE, RELEASE, EXCULPATION, AND INJUNCTION
PROVISIONS, AS YOUR RIGHTS MIGHT BE AFFECTED. .
About Hooters of America
Hooters of America, LLC, owner and operator of a restaurant chain
with hundreds of locations in the United States, and its affiliates
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80078) on March
31, 2025.
Founded in 1983, the Debtors own and operate Hooters, a renowned
brand in the casual dining and sports entertainment industries.
Their global portfolio includes 151 company-owned and operated
locations and 154 franchised locations across 17 countries. Known
for their world-famous chicken wings, beverages, live sports, and
legendary hospitality, the Debtors also partner with a major food
products licensor to offer Hooters-branded frozen meals at 1,250
grocery store locations.
The case is before the Hon. Scott W Everett.
The Debtors tapped ROPES & GRAY LLP, as general bankruptcy counsel,
FOLEY & LARDNER LLP, in Dallas, Texas, as bankruptcy co-counsel,
SOLIC CAPITAL, LLC as investment banker, and ACCORDION PARTNERS,
LLC, as the financial advisor. KROLL RESTRUCTURING ADMINISTRATION
LLC is the claims and noticing agent.
ICON LLC: Section 341(a) Meeting of Creditors on August 7
---------------------------------------------------------
On July 15, 2025, ICON LLC filed Chapter 11 protection in the U.S.
Bankruptcy Court for the District of Maryland. According to court
filing, the Debtor reports between $50,000 and $100,000 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under 341(a) to be held on August 7, 2025 at
02:00 PM via Conference Call - Chapter 11 Baltimore: Phone number
1-888-330-1716, Access Code 6624329#.
About ICON LLC
ICON LLC, operating as Vida Investments, is a Maryland-based food
services company as indicated by its NAICS code 7223, which covers
special food services including caterers, food service contractors,
and mobile food vendors.
ICON LLC sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Md. Case No. 25-16451) on July 1, 2025. In its
petition, the Debtor reports estimated assets up to $50,000 and
estimated liabilities between $50,000 and $100,000.
The Debtors are represented by Douglas N. Gottron, Esq. at Morris
Palerm, LLC.
ICORECONNECT INC: Hire Burr & Forman LLP as Special Counsel
-----------------------------------------------------------
Icoreconnect Inc. and iCore Midco Inc. seek approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ Burr
& Forman LLP as special counsel.
The firm will provide guidance and advice regarding the Debtors'
labor and employment issues.
The firm will be paid at these rates:
Matthew Scully $550 per hour
Christopher Thompson $600 per hour
The firm will be paid a retainer in the amount of $20,000.
The firm is currently owed $68,935.13 for prepetition services
rendered to the Debtors.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Christopher Thompson, Esq., a partner at Burr & Forman 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:
Christopher Thompson, Esq.
Burr & Forman LLP
200 S. Orange Ave., Suite 800,
Orlando, FL 32801
Tel: (407) 540-6600
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.
INDIVIDUALIZED ABA: Quality of Care Maintained, 4th PCO Report Says
-------------------------------------------------------------------
Jacob Nathan Rubin, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Northern District of California his fourth
report regarding the quality of patient care provided by
Individualized ABA Services for Families, LLC.
The fourth report, which covers the period from May 6 to July 2,
consists of the PCO's further evaluation of the Debtor's adherence
to, and compliance with the applicable medical standard of patient
care as defined by the Institute of Medicine (Medicare & Lohr),
during the bankruptcy proceedings.
The PCO met with the principal of the Debtor and confirmed that
there have been no material changes since the last report. All
patients continue to receive behavioral therapy services via
telehealth, and there have been no interruptions in care or
deviations from the applicable standards. No patient complaints,
delays in treatment, or quality concerns were identified.
The PCO noted that all vendors supplying essential services or
equipment to the Debtor continue to fulfill their roles without
issue. There has been no indication of financial distress affecting
clinical operations. Patient care remains uncompromised.
Mr. Rubin conducted a comprehensive evaluation including review of
service continuity, telehealth delivery quality, vendor
performance, staffing adequacy, and administrative operations and
the PCO confirmed the following:
* Patients continue to receive high-quality ABA therapy.
* Services remain uninterrupted.
* There are no delays or deficiencies in care attributable to
the bankruptcy filing.
* All standards of care are being met in alignment with
professional and ethical expectations.
* Patient safety is being maintained.
The PCO finds that patient care remains stable, compliant with
clinical standards, and unaffected by the financial status of the
organization based on all evidence reviewed and interviews
conducted during this reporting period.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=QlRPUF from PacerMonitor.com.
The ombudsman may be reached at:
J. Nathan Rubin, M.D.
4955 Van Nuys Blvd., #308,
Sherman Oaks, CA 91403
Telephone: (818) 501-1455
Email: jnrubinmd@yahoo.com
About Individualized ABA Services
for Families
Individualized ABA Services for Families, LLC sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Calif. Case No. 24-41559) on October 2, 2024, with total assets of
$193,244 and total liabilities of $1,635,914. Raajna Naidu, chief
executive officer, signed the petition.
Judge William J. Lafferty oversees the case.
The Debtor is represented by Michael Jay Berger, Esq., at the Law
Offices of Michael Jay Berger.
Jacob Nathan Rubin is the patient care ombudsman appointed in the
case.
ISAVA ENTERPRISE: Seeks Subchapter V Bankruptcy in Florida
----------------------------------------------------------
On July 16, 2025, ISAVA Enterprise Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Middle 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 ISAVA Enterprise Inc.
ISAVA Enterprise Inc., doing business as Ideal Spine and Wellness,
provides chiropractic and spine-related healthcare services at
their Kissimmee, Florida location. Based on their business name and
industry, the company likely offers spinal adjustments, therapeutic
treatments, and wellness services focused on spinal health and
overall wellbeing.
ISAVA Enterprise Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04399)
on July 16, 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 Lori V. Vaughan handles the case.
The Debtors are represented by Justin M. Luna, Esq. at Latham,
Luna, Eden & Beaudine, LLP.
JAB ENERGY: Allison Marine Can't Be Sued, 3rd Circuit Says
----------------------------------------------------------
In the appeal styled IN RE: JAB ENERGY SOLUTIONS II, LLC, Debtor v.
ALLISON MARINE HOLDINGS LLC Appellant, Nos. 24-3044, 24-3045 (3rd
Cir.), Judges Marjorie O. Rendell, Patty Shwartz and Arianna J.
Freeman of the United States Court of Appeals for the Third Circuit
will reverse in part the judgment of the United States District
Court for the District of Delaware on the issue of whether Allison
Marine Holdings LLC is an "Insured Person" that may be sued under
the plan of liquidation. The panel will affirm in other respects.
AMH was the sole member and manager of JAB. The issue on appeal is
whether AMH is an "Insured Person" under an insurance policy issued
to AMH such that the Plan assigned to the Trustee the right to
bring certain claims against AMH.
The confirmed plan of liquidation assigned certain claims of JAB to
a Liquidating Trust managed by a Liquidating Trustee.
An insurance policy issued to AMH defined "Insured Person" to
include "all Executives" and "all Employees." "Executives" was
defined as "all persons who were, now are, or shall be directors,
officers, management committee members, advisory committee members,
members of the Board of Managers or natural person general partners
of the Company."
After the plan was confirmed, the appointed Liquidating Trustee
initiated two proceedings. The Liquidating Trustee filed a motion
in the Bankruptcy Court seeking clarification that AMH was an
"Insured Person" subject to suit under the definitions (and also
that such a lawsuit could seek damages in excess of the insurance
policy limits). The Liquidating Trustee also sued AMH, Brent
Boudreaux, and others in the Southern District of Texas, alleging
breaches of corporate fiduciary duties.
AMH opposed the Liquidating Trustee's motion on both procedural and
substantive grounds. Procedurally, AMH urged the Liquidating
Trustee's motion should have been an adversary proceeding because
it sought a "determination" of the Liquidating Trust's "interest"
in JAB's claims against AMH. AMH also asserted the Bankruptcy Court
should have declined to consider the Liquidating Trustee's motion
due to parallel litigation in the Southern District of Texas.
On the merits, AMH contended it was not an "Insured Person" because
it was not any of the persons listed as "Executives." The
Bankruptcy Court concluded it did not need to decide whether the
Liquidating Trustee's motion should have been an adversary
proceeding because any error in that regard was harmless, given
that the record was fully developed. On the merits, the Bankruptcy
Court agreed with AMH that it was not an "Insured Person." It
reasoned that despite being a "manager," AMH was not a member of
JAB's "Board of Managers," and it would be surprising if a
corporate entity would fit within the definition of "Executive,"
which term certainly brings to mind a natural person rather than a
corporation.
On appeal, the District Court concluded the Liquidating Trustee's
motion did not need to be an adversary proceeding because it merely
sought an interpretation of the plan, and the Bankruptcy Court did
not err in deciding the motion notwithstanding the case pending in
Texas. On the merits, it disagreed with the Bankruptcy Court, and
decided that AMH was an "Insured Person" because it was JAB's sole
member-manager and therefore belonged to a one-member "Board of
Managers." It also reasoned that because the definition of
"Executive" included the qualifier "natural person" only for
general partners, it follows as a matter of logic and grammar that
the other five types of Executives need not be natural persons.
AMH now appeals to this Court.
The Circuit Judge hold, "We agree with the Bankruptcy Court that
AMH is not an 'Insured Person' under the policy because it is not
any of the persons listed as 'Executives': it is not a 'director,'
'officer,' 'management committee member,' 'advisory committee
member,' 'member of the Board of Managers,' or 'natural person
general partner.' We also do not agree that the special limitation
of 'general partner' to natural persons suggests an intent to
expand the other categories of 'Insured Persons' to corporate
entities."
A copy of the Court's Opinion dated July 15, 2025, is available at
https://urlcurt.com/u?l=4SrqoE
About JAB Energy Solutions II
JAB Energy Solutions II, LLC -- http://jabenergysolutions.com/--
is an EPIC (Engineering, Procurement, Installation & Commissioning)
specialist providing comprehensive project management services for
decommissioning, abandonment, construction and installation of
offshore and onshore oil and gas facilities, platforms and
pipelines. Based in Houston, with offices in Lake Charles, La., JAB
Energy Solutions serves major and independent energy companies
worldwide.
JAB Energy Solutions filed a petition for Chapter 11 protection
(Bankr. D. Del. Case No. 21-11226) on Sept. 7, 2021, listing as
much as $50 million in both assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor tapped Pachulski Stang Ziehl & Jones, LLP as legal
counsel and Traverse, LLC as restructuring advisor. Albert Altro,
the founder of Traverse, serves as the Debtor's chief restructuring
officer.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee tapped Lugenbuhl, Wheaton, Peck, Rankin & Hubbard and
Joyce, LLC as legal counsel and Matthews, Cutrer and Lindsay, P.A.
as financial advisor.
JAGUAR HEALTH: Swaps Royalty Interests for Series M Preferred Stock
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As previously disclosed, on October 8, 2020, Jaguar Health, Inc.
sold to Iliad Research and Trading, L.P. a royalty interest in the
original principal amount of $12 million (as amended, the "October
2020 Royalty Interest").
On June 27, 2025, the Company entered into a privately negotiated
exchange agreement (the "Iliad Series M Exchange Agreement") with
Iliad. Pursuant to the Iliad Series M Exchange Agreement, the
Company issued 170 shares of Series M Perpetual Preferred Stock to
Iliad in exchange for a $4,250,000 reduction in the outstanding
balance of the October 2020 Royalty Interest.
Also, as previously disclosed, on August 24, 2022, the Company sold
to Streeterville Capital, LLC a royalty interest in the original
principal amount of $12 million (as amended, the "August 2022
Royalty Interest").
The Company also entered a privately negotiated exchange agreement
on June 27, 2025, (the "Streeterville Series M Exchange Agreement";
together with the Iliad Series M Exchange Agreement, collectively,
the "CVP Exchange Agreements") with Streeterville. Pursuant to the
Streeterville Series M Exchange Agreement, the Company issued 90
shares of Series M Preferred Stock to Streeterville in exchange for
a $2,250,000 reduction in the outstanding balance of the August
2022 Royalty Interest.
Subject to the terms of the Series M Preferred Stock, each share of
Series M Preferred Stock is exchangeable or redeemable for shares
of Common Stock. The terms of the Series M Preferred Stock are set
forth in a Certificate of Designation of Preferences, Rights and
Limitations of Series M Perpetual Preferred Stock filed with the
Secretary of State of Delaware and effective on June 27, 2025.
Each of the Iliad Series M Exchange Agreement and the Streeterville
Series M Exchange Agreement includes representations, warranties,
and covenants customary for a transaction of this type.
Series M Certificate of Designation:
In connection with the Royalty Interest for Series M Preferred
Stock Exchange Transactions, the Company agreed to issue shares of
Series M Preferred Stock to Iliad and Streeterville, respectively.
The preferences, rights, limitations and other matters relating to
the Series M Preferred Stock are set forth in the Certificate of
Designation, which the Company filed with the Secretary of State of
the State of Delaware on June 27, 2025. The Certificate of
Designation became effective with the Secretary of State of the
State of Delaware upon filing.
The Certificate of Designation authorizes the Company to issue up
to 400 of its 4,475,074 authorized shares of preferred stock as
Series M Preferred Stock.
* Dividends:
Holders of shares of Series M Preferred Stock (the "Holders") will
not be entitled to receive any dividends on shares of Series M
Preferred Stock.
* Voting Rights:
The Series M Preferred Stock shall vote together with shares of
Common Stock on an as-converted basis from time to time, and not as
a separate class, at any annual or special meeting of stockholders
of the Company, and may act by written consent in the same manner
as holders of shares of the Common Stock, in either case upon the
following basis: each share of the Series M Preferred Stock shall
be entitled to such number of votes equal to the quotient obtained
by dividing (i) the $25,000 stated value of each share of Series M
Preferred Stock (the "Stated Value") by (ii) the Minimum Price
(which is defined as the lower of:
(i) the Nasdaq official closing price (as reflected on
Nasdaq.com) immediately preceding a given date or
(ii) the average Nasdaq official closing price of the Common
Stock (as reflected on Nasdaq.com) for the five trading days
immediately preceding such given date) of the Common Stock on the
date of the CVP Exchange Agreements.
In addition, as long as any shares of Series M Preferred Stock are
outstanding, the Company shall not, without the affirmative vote of
the Holders of a majority of the then outstanding shares of the
Series M Preferred Stock, (a) alter or change adversely the powers,
preferences or rights given to the Series M Preferred Stock or
alter or amend the Certificate of Designation or (b) enter into any
agreement with respect to any of the foregoing.
Notwithstanding the foregoing, in no event shall a Holder (together
with such Holder's Affiliates and Attribution Parties (both terms
as defined in the Certificate of Designation)) be entitled to vote,
on an as-converted basis and in aggregate with respect to any
shares of Common Stock and preferred stock of the Company
beneficially owned by such Holder or any Affiliates or Attribution
Parties of such Holder, more than 9.99% of the Company's
outstanding shares of Common Stock as of the applicable record date
(the "Voting Cap"). The Voting Cap shall be appropriately adjusted
for any stock splits, reverse stock splits, stock dividends,
reclassifications, reorganization, recapitalizations or other
similar transaction.
* Liquidation Rights:
In the event of any voluntary or involuntary liquidation,
dissolution or winding up of the Company or Deemed Liquidation
Event (as defined below), each share of Series M Preferred Stock
shall be entitled to be paid out of the assets of the Company
available for distribution to its stockholders before any payment
shall be made to the holders of Common Stock equal to by reason of
their ownership thereof, an amount per share of Series M Preferred
Stock equal to the Stated Value at such time plus any accrued but
unpaid Preferred Return (as applicable, the "Liquidation Amount").
If upon any such liquidation, dissolution or winding up of the
Company (other than a Chapter 7 bankruptcy) or Deemed Liquidation
Event, the assets of the Company available for distribution to its
stockholders shall be insufficient to pay the Liquidation Amount,
the Holders with respect to their shares of Series M Preferred
Stock shall share ratably in any distribution of the assets
available for distribution in proportion to the respective amounts
which would otherwise be payable in respect of the shares held by
them upon such distribution if all amounts payable on or with
respect to such shares were paid in full. Following the payment of
the Liquidation Amount, if there are any remaining assets of the
Company available for distribution to its stockholders, the Series
M Preferred Stock shall not participate in such distributions.
Notwithstanding the foregoing, if in the event of a dissolution or
winding up of the Company in connection with a Chapter 7
bankruptcy, the assets of the Company available for distribution to
its stockholders shall be insufficient to pay the Liquidation
Amount, the Holders with respect to their shares of Series M
Preferred Stock shall be entitled to receive out of such assets the
same amount that each share of the Common Stock would receive as if
each outstanding share of Series M Preferred Stock were,
immediately prior to the applicable record date, fully converted
(disregarding solely for such purposes any conversion or exchange
limitations hereunder) to shares of Common Stock by dividing (i)
Liquidation Amount by (ii) the greater of (x) the Minimum Price as
of the record date and (y) $0.542 per share (the "Floor Price"),
which amounts shall be paid pari passu with all holders of Common
Stock.
Each of the following events shall be considered a "Deemed
Liquidation Event":
(a) (A) a merger or consolidation in which the Company is a
constituent party and in which the stockholders of the Company
immediately prior to such merger or consolidation do not continue
to hold a majority of the voting power of the Company or any
successor entity following such merger or consolidation; or
(b) the sale, lease, transfer, exclusive license or other
disposition, in a single transaction or series of related
transactions, by the Company or any subsidiary of the Company of
all or substantially all the assets of the Company and its
subsidiaries taken as a whole, or the sale or disposition (whether
by merger, consolidation or otherwise) of one or more subsidiaries
of the Company if substantially all of the assets of the Company
and its subsidiaries taken as a whole are held by such subsidiary
or subsidiaries, except where such sale, lease, transfer, exclusive
license or other disposition is to a wholly owned subsidiary of the
Company.
The Company shall not have the power to effect a Deemed Liquidation
Event unless the agreement or plan of merger or consolidation for
such transaction (the "Merger Agreement') provides that the
consideration payable to the Series M Preferred Stock shall be
allocated in accordance with the Certificate of Designation.
* Conversion Rights:
Series M Preferred Stock shall not be convertible into Common Stock
or any other security of the Company and does not otherwise have
any conversion rights.
* Preferred Return:
Each share of Series M Preferred Stock shall accrue a rate of
return on the Stated Value at the rate of 10% per year for the
first two years from the date of issuance, 8% per year for years
three and four from the date of issuance, and 6% per year
thereafter, and to be determined pro rata for any factional year
periods (the "Preferred Return"). The Preferred Return shall accrue
on each share of Series M Preferred Stock from the date of its
issuance, and shall be payable via the issuance of additional
shares of Series M Preferred Stock whereby the number of shares of
Series M Preferred Stock will equal the quotient obtained by
dividing (i) the Preferred Return then accrued and unpaid divided
by (ii) the Stated Value.
* Exchange Rights:
The Company has the right to exchange, from time to time and at its
sole discretion, part or all of the then outstanding shares of
Series M Preferred Stock held by any holder thereof for shares of
Common Stock at an exchange ratio equal to the Stated Value divided
by an exchange price equal to the Minimum Price on the applicable
Exchange Date (as defined in the Certificate of Designation).
Notwithstanding the foregoing, the Company will not have the right
to exchange any shares of Series M Preferred Stock and issue any
Exchange Shares to any holder if:
(a) the issuance of such Exchange Shares would cause such
holder, together with its Affiliates, to beneficially own in excess
of 9.99% of the number of shares of Common Stock outstanding on the
date of issuance (including for such purpose the shares of Common
Stock issuable upon such issuance) immediately after giving effect
to the issuance of the Exchange Shares;
(b) any of the Exchange Conditions has not been satisfied as
of the applicable Exchange Date; or
(c) the total cumulative number of the Exchange Shares to be
issued to such holder would exceed the maximum number of the
Exchange Shares and the Forced Redemption Shares (as defined in the
Certificate of Designation), in aggregate, that could be issued to
Holders without violating The Nasdaq Capital Market rules related
to the aggregation of offerings under Nasdaq Listing Rule 5635(d),
if applicable unless:
(i) the approval as required by the applicable Nasdaq Stock
Market Rules by the stockholders of the Company with respect to the
exchange of shares of Series M Preferred Stock and the issuance of
the shares of Common Stock issuable upon exchange of the Series M
Preferred Stock is obtained to issue more than the Exchange Cap,
or
(ii) the Common Stock is not listed for quotation on Nasdaq or
NYSE American.
The Exchange Cap shall be appropriately adjusted for any
reorganization, recapitalization, non-cash dividend, stock split,
reverse stock split or other similar transaction. Following
delivery of an Exchange Notice (as defined in the Certificate of
Designation), the Company may not deliver another Exchange Notice
to a Holder for at least three Trading Days.
"Exchange Conditions" mean:
(a) with respect to the applicable Exchange Date, all of the
Exchange Shares would be (i) registered for trading under
applicable federal and state securities laws, (ii) freely tradable
under Rule 144, or (iii) otherwise freely tradable without the need
for registration under any applicable federal of state securities
laws;
(b) the applicable Exchange Shares would be eligible for
immediate resale by the holder;
(c) no event of default (as defined thereunder) shall have
occurred under that certain secured promissory note issued by the
Company to Streeterville on January 19, 2021 in the original
principal amount of $6.2 million;
(d) no Event of Default (as defined below) shall have occurred
under the Certificate of Designation;
(e) the lowest intra-day trading price of the Common Stock is
greater than the Minimum Price on the date the Exchange Notice is
delivered; and
(f) the Common Stock is trading on Nasdaq, NYSE, OTCQB or
OTCQX as of the applicable Exchange Date; provided, however, that
if the Common Stock is trading on OTCQB or OTCQX, the product
obtained by multiplying (A) the Exchange Price as of the applicable
Exchange Date and (B) the number of shares of Series M Preferred
Stock that may be exchanged shall not exceed twenty-five percent
(25%) of the median daily dollar trading volume of the Company's
Common Stock during the ten (10) Trading Days preceding the
Exchange Date.
* Covenants:
Until such time as no shares of Series M Stock remain outstanding,
the Company, and as applicable, its Subsidiaries, will at all times
comply with the following covenants:
(a) the Company will timely file on the applicable deadline all
reports required to be filed with the Securities and Exchange
Commission pursuant to Sections 13 or 15(d) of the Securities
Exchange Act of 1934, as amended, and will take all reasonable
action under its control to ensure that adequate current public
information with respect to the Company, as required in accordance
with Rule 144 of the Securities Act, is publicly available, and
will not terminate its status as an issuer required to file reports
under the Exchange Act even if the Exchange Act or the rules and
regulations thereunder would permit such termination;
(b) the Company will cause the Common Stock to be listed or
quoted for trading on any of NYSE, NYSE American, Nasdaq, CBOE,
OTCQB or OTCQX until a Fundamental Transaction;
(c) beginning on May 14, 2025, other than any issuances to
Holders and their Affiliates, the Company will not issue or sell
any Equity Securities (as defined in the Certificate of
Designation) which result in net proceeds to the Company in excess
of an aggregate of $15,000,000 without prior written consent of the
Holders of at least a majority of the outstanding Series M
Preferred Stock, which consent may be granted or withheld in the
Required Holders' sole and absolute discretion; provided, however,
that this consent requirement shall not apply to any sales of
Common Stock pursuant to the ATM or Exempt Issuances;
(d) the Company will not have the right to repay any
outstanding indebtedness owed to any Holder or its Affiliates;
(e) the Company will not increase the authorized shares of
Common Stock or Preferred Stock without the prior written consent
of the Required Holders;
(f) the Company shall ensure that, until a Fundamental
Transaction, trading in the Common Stock will not be suspended,
halted, chilled, frozen, reach zero bid or otherwise cease trading
on the Company's principal trading market for a period of more than
five consecutive Trading Days;
(g) the Company will not make any Restricted Issuance without
the Required Holders' prior written consent;
(h) the Company shall not enter into any agreement or
otherwise agree to any covenant, condition, or obligation that
locks up, restricts in any way or otherwise prohibits the Company
from issuing Equity Securities to any Holder or any Affiliate of
such Holder;
(i) the Company will not pledge or grant a security interest
in any of its assets without the Required Holders' prior written
consent;
(j) the Company will not, and will not enter into any
agreement or commitment to, dispose of any assets or operations
(not including any license agreements entered into in the ordinary
course of business) that are material to the Company's operations
without the Required Holders' prior written consent;
(k) except in connection with satisfaction of a Nasdaq
deficiency notice, the Company will not, and will not enter into
any agreement or commitment to, undertake or complete any reverse
split of the Common Stock or any class of Preferred Stock without
the Required Holders' prior written consent;
(l) the Company will not, and will not enter into any
agreement or commitment to, create, authorize, or issue any class
of Preferred Stock (including additional issuances of Series M
Preferred Stock) without the Required Holders' prior written
consent;
(m) beginning on May 14, 2025, the Company will not issue or
sell any shares of Common Stock registered for sale pursuant to a
form 424B filed pursuant to Rule 424(b)(5) of the Securities Act,
whether now existing or filed in the future, in excess of
$10,000,000.00 after the date of the Certificate of Designation,
without the Required Holders' prior written consent; and
(n) the Company will not consummate a Fundamental Transaction
or enter into an agreement to consummate a Fundamental Transaction
without the Required Holders' prior written consent.
The covenants set forth in sub-section (c) - (j), (l) and (n) will
also apply to all Subsidiaries.
"Fundamental Transaction" means:
(i) the Company, directly or indirectly, in one or more
related transactions effects any merger or consolidation of the
Company with or into another Person (as defined in the Certificate
of Designation) other than any subsidiary or any Affiliate of the
Company, whereby the stockholders of the Company immediately prior
to such merger or consolidation do not own, directly or indirectly,
at least 50% of the voting power of the surviving entity
immediately after such merger or consolidation,
(ii) the Company, directly or indirectly, effects any sale,
lease, license, assignment, transfer, conveyance or other
disposition of all or substantially all of its assets in one or a
series of related transactions,
(iii) any, direct or indirect, purchase offer, tender offer or
exchange offer (whether by the Company or another Person) is
completed pursuant to which holders of Common Stock are permitted
to sell, tender or exchange their shares for other securities, cash
or property and has been accepted by the holders of 50% or more of
the outstanding Common Stock,
(iv) the Company, directly or indirectly, in one or more
related transactions effects any reclassification, reorganization
or recapitalization of the Common Stock or any compulsory share
exchange pursuant to which the Common Stock is effectively
converted into or exchanged for other securities, cash or
property,
(v) the Company, directly or indirectly, in one or more
related transactions consummates a stock or share purchase
agreement or other business combination (including, without
limitation, a reorganization, recapitalization, spin-off, merger or
scheme of arrangement) with another Person or group of Persons
whereby such other Person or group acquires more than 50% of the
outstanding shares of Common Stock (not including any shares of
Common Stock held by the other Person or other Persons making or
party to, or associated or affiliated with the other Persons making
or party to, such stock or share purchase agreement or other
business combination),
(vi) the sale or spin-off of any Subsidiaries, and
(vii) a Deemed Liquidation Event.
For the avoidance of doubt, any license agreement entered into in
the ordinary course of business by the Company or any Subsidiary
will not be considered a Fundamental Transaction.
* Covenant Default:
The Required Holders may elect to declare an "Event of Default" if
any of the following conditions or events shall occur and be
continuing:
(a) the Company or any Subsidiary fails to fully comply with
any covenant, obligation or agreement of the Company or any
Subsidiary in the Certificate of Designation, and such failure, if
known to the Required Holders and reasonably possible of cure, is
not cured within 30 calendar days following notice to cure from the
Required Holders;
(b) the Company fails to pay any amount due and payable to the
Holders pursuant to and as required by the Certificate of
Designation, and such failure, if known to the Holders and
reasonably possible of cure, is not cured within five Trading Days
following notice of notice to cure from the Required Holders;
(c) the Company shall:
(1) apply for or consent to the appointment of, or the
taking of possession by, a receiver, custodian, trustee or
liquidator;
(2) make a general assignment for the benefit of the
Company's creditors; or
(3) commence a voluntary case under the U.S. Bankruptcy
Code as now and hereafter in effect, or any successor statute; or
(d) a proceeding or case shall be commenced, without the
application or consent of the Company, in any court of competent
jurisdiction, seeking:
(1) liquidation, reorganization or other relief with
respect to it or its assets or the composition or readjustment of
its debts, or
(2) the appointment of a trustee, receiver, custodian,
liquidator or the like of any substantial part of its assets, and,
in each case, such proceedings or case shall remain uncontested for
30 days or shall continue undismissed, or an order, judgment or
decree approving or ordering any of the foregoing shall be entered
and continue unstayed and in effect, for a period of 60 days, if in
the United States, or 90 days, if outside of the United States; or
an order for relief against the Company shall be entered in an
involuntary case under any bankruptcy, insolvency, composition,
readjustment of debt, liquidation of assets or similar Law of any
jurisdiction.
If an Event of Default has occurred:
(i) the Required Holders may, by notice to the Company, force
the Company to redeem all of the issued and outstanding shares of
Series M Preferred Stock then held by the Holders for a price equal
to (1) the Stated Value of all such shares of Series M Preferred
Stock, with such Stated Value to be paid in such number of shares
of Common Stock equal to the quotient obtained by dividing the
Stated Value by the greater of (x) the Minimum Price as of the date
that a Notice of the Forced Redemption is delivered by the Required
Holders to the Corporation and (y) the Floor Price; plus (2) any
accrued and unpaid Preferred Return with respect to all such shares
of Series M Preferred Stock, with such Preferred Return to be paid
in shares of Common Stock, whereby the number of shares of Common
Stock issuable shall equal the quotient obtained by dividing (x)
the Redemption Price by (y) the Floor Price; plus (3) any and all
other amounts due and payable to the Holders pursuant to the
Certificate of Designation, with such Other Amounts to be paid in
such number of shares of Common Stock equal to the quotient
obtained by dividing the Other Amounts by the greater of (x) the
Minimum Price as of the date that a Notice of the
Forced Redemption is delivered by the Required Holders to the
Corporation and (y) the Floor Price (with the shares of Common
Stock issuable pursuant to aforementioned sub-sections (1), (2) and
(3), collectively, the "Forced Redemption Shares");
(ii) the Holders shall have the right to pursue any other
remedies that the Required Holders may have under applicable law
and/or in equity; and
(iii) the Holders shall have the right to seek and receive
injunctive relief from a court prohibiting the Company from issuing
any of its Common Stock or Preferred Stock to any party unless the
all shares of Series M Preferred Stock owned by the Holders are
redeemed in full simultaneously with such issuance. Notwithstanding
the foregoing, Holder will not have the right to force the
Corporation to redeem any shares of Series M Preferred Stock and
issue any Forced Redemption Shares if:
(a) the issuance of such Forced Redemption Shares would cause
such Holder, together with its Affiliates, to beneficially own in
excess of the Maximum Percentage immediately after giving effect to
the issuance of the Forced Redemption Shares; or
(b) the total cumulative number of the Exchange Shares to be
issued to such Holder would exceed the Exchange Cap unless (i) the
Stockholder Approval is obtained to issue more than the Exchange
Cap, or (ii) the Common Stock is not listed for quotation on Nasdaq
or NYSE American.
The Exchange Cap shall be appropriately adjusted for any
reorganization, recapitalization, non-cash dividend, stock split,
reverse stock split or other similar transaction. For the avoidance
of doubt, any Forced Redemption Shares that would cause the Holder
to exceed the Maximum Percentage shall be held in abeyance and
shall not be issued until such time, if ever, as the Holder's right
to receive such shares would not result in a violation of the
Maximum Percentage.
In the event that any Holder incurs expenses in the enforcement of
its rights, including but not limited to reasonable attorneys'
fees, then the Company shall immediately reimburse such Holder the
reasonable costs thereof.
* Trading Market:
There is no established trading market for any of the Series M
Preferred Stock, and we do not expect a market to develop. We do
not intend to apply for a listing for any of the Series M Preferred
Stock on any securities exchange or other nationally recognized
trading system. Without an active trading market, the liquidity of
the Series M Preferred Stock will be limited.
* Maximum Percentage:
In no event may shares of Common Stock be issued to any Holder that
would cause such Holder's beneficial ownership to exceed the
Maximum Percentage, which is 9.99% of the number of shares of
Common Stock outstanding on a given date (including for such
purpose the shares of Common Stock issuable upon such issuance).
The foregoing summaries of the Iliad Series M Exchange Agreement,
the Streeterville Series M Exchange Agreement, and the Certificate
of Designation do not purport to be complete and are qualified in
their entirety by reference to the full text of such documents,
which are filed as Exhibits 10.1, 10.2, and 3.1, respectively. All
documents are available in the Form 8-K filed on June 30, 2025,
accessible at https://tinyurl.com/yn3at47z.
About Jaguar Health
Jaguar Health, Inc. -- http://www.jaguar.health-- is a
commercial-stage pharmaceuticals company focused on developing
novel, plant-based, sustainably derived prescription medicines for
people and animals with gastrointestinal ("GI") distress, including
chronic, debilitating diarrhea. Jaguar Health's wholly owned
subsidiary, Napo Pharmaceuticals, Inc., focuses on developing and
commercializing proprietary plant-based human pharmaceuticals from
plants harvested responsibly from rainforest areas. The Company's
crofelemer drug product candidate is the subject of the OnTarget
study, a pivotal Phase 3 clinical trial for prophylaxis of diarrhea
in adult cancer patients receiving targeted therapy.
Larkspur, California-based RBSM, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended Dec. 31, 2024, citing that the Company has
an accumulated deficit, recurring losses, and expects continuing
future losses. These conditions raise substantial doubt about the
Company's ability to continue as a going concern. The Company,
since its inception, has incurred recurring operating losses and
negative cash flows from operations and has an accumulated deficit
of $346.5 million as of December 31, 2024.
As of Dec. 31, 2024, the Company had $53.4 million in total assets,
$44.4 million in total liabilities, $2.5 million in commitments and
contingencies and a total stockholders' equity of $6.5 million.
JANE STREET: Moody's Affirms ‘Ba1’ Issuer Rating, Outlook Stable
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Moody's Ratings has affirmed Jane Street Group, LLC's Ba1 long term
issuer rating, senior secured notes and senior secured bank credit
facility ratings.
Moody's also affirmed the Baa3 long-term issuer ratings of Jane
Street's wholly-owned operating company subsidiaries Jane Street
Capital, LLC (JSC), Jane Street Execution Services, LLC (JSES),
Jane Street Financial Limited (JSF) and Jane Street Netherlands
B.V. (JSN). JSC performs essential trading activities as Jane
Street's principal US broker-dealer, and JSES, JSF and JSN perform
essential client-facing activities for Jane Street in various
regions.
The outlooks on all Jane Street entities remain stable.
RATINGS RATIONALE
The ratings affirmation reflects Jane Street's strong financial
performance as well as its comprehensive management and governance
over market and liquidity risks in its electronic trading
activities.
The ratings affirmation also considers Jane Street's resilient
balance sheet; that is characterized by a strong equity capital
base, modest leverage, rapidly turning positions, tactical use of
tail risk protection and prudent liquidity. These credit strengths
help mitigate the credit, market, liquidity and operational risks
inherent to Jane Street's business model.
On July 03,, the Securities and Exchange Board of India (SEBI)
issued an Interim Order against various Jane Street entities,
alleging detrimental trading practices that it said had negatively
impacted the market. Pursuant to this order, SEBI directed Jane
Street to place around $564 million into escrow in a commercial
bank in India with a lien marked in favor of SEBI, pending detailed
investigation into the matter. The order also restrained Jane
Street from further directly or indirectly trading in the Indian
securities market until the funds are placed in escrow. Moody's
expects that Jane Street's global footprint, diverse trading
strategies and strong equity and liquidity position will help
alleviate the potential reduction in net trading revenue from its
India trading activities.
The Interim Order highlights the operating challenges Jane Street
faces as it expands into new and emerging capital markets,
including heightened regulatory and reputational risk. The ultimate
cost of this Order to Jane Street is unknown, but Jane Street's
overall diversification, capitalization and liquidity provide the
firm with significant resources to absorb a variety of adverse
outcomes. Throughout its rapid growth, Jane Street has been able to
maintain a partnership culture, characterized by collaborative
decision-making, a flat hierarchy and a generally risk-aware
approach to new opportunities. However the SEBI Interim Order also
highlights the challenges of complying with regulation in many
markets around the world, given the complexity of Jane Street's
trading operations.
The intensely competitive nature of technology-driven market-making
dictates that Jane Street continually stays at the forefront in
terms of trading technology, risk controls and retaining
intellectual capital, otherwise its franchise may erode and its
creditworthiness could deteriorate. Jane Street's senior executives
maintain direct involvement in trading strategy development,
risk-taking activities and maintaining controls. The firm also
maintains diversified funding relationships with various prime
brokers and has extensive funding lock-up periods.
Jane Street manages capital and liquidity dynamically, in a manner
that is fit-for-purpose in high-velocity technology-driven trading.
Capital is carefully rationed according to market conditions,
trading opportunities, stress scenarios and portfolio granularity.
Liquidity stress-testing contemplates sharp increases in haircuts
and position liquidation sooner than contractual terms require, and
liquidity charges penalize less liquid positions held at trading
desks.
Jane Street's balance sheet and liquidity disciplines complement
its culture and risk controls. This balance sheet resiliency allows
Jane Street to absorb periodic market disruptions, while continuing
to perform its core trading and liquidity provision functions.
Given the unpredictability of market cycles, Moody's expects Jane
Street to constantly maintain its balance sheet disciplines and
conservative leverage profile.
The stable outlooks are based on Moody's expectations that Jane
Street's credit profile will continue to benefit from its strong
profitability, high level of equity capital, modest use of leverage
and prudent liquidity. The stable outlooks also reflects Moody's
views that Jane Street's leaders will maintain a risk-aware culture
and effective controls to manage growth.
Jane Street's Ba1 issuer rating reflects the creditworthiness of
holding company senior unsecured obligations, which are
structurally subordinated to its operating companies. The Baa3
issuer ratings at each of Jane Street's four rated operating
companies continue to be a notch higher than Jane Street's Ba1
rating due to these operating entities' structural superiority.
At the holding company issuance level for market makers like Jane
Street, the difference in expected loss between secured and
unsecured obligations is not of sufficient magnitude to warrant a
rating differential between secured and unsecured debt
instruments.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade
-- Continued growth in market share across a broad set of asset
classes while diversifying revenue through the development of
lower-risk and profitable business activities.
-- Substantial reduction of trading capital mix in less-liquid and
higher-risk assets
-- Demonstration of the firm's ability to manage its expansion in
size and complexity while retaining its deliberative risk
management and partnership culture
Factors that could lead to a downgrade
-- Increase in risk appetite or a significant risk management or
operational failure; adverse changes in corporate culture or
management quality; increase its capital distributions in a manner
that is not commensurate with historic trends; or change in funding
mix to a significantly heavier weighting of long-term debt and away
from equity, resulting in a substantial increase in balance sheet
leverage.
-- Should SEBI's Interim Order result in severe reputational
damage or increased regulatory scrutiny that spreads across all of
Jane Street's major operations outside of India, and leads to
weaker global order flow, a substantial loss of revenue or
substantial financial penalties.
The principal methodology used in these ratings was Securities
Industry Market Makers published in June 2024.
Jane Street's Baa3 Assigned Standalone Assessment is two notches
below the Baa1 initial financial profile score reflecting credit
constraints relating to operational and market risk, and its
business concentration and reliance on trading activities.
JANE STREET: S&P Alters Outlook to Stable, Affirms 'BB' ICR
-----------------------------------------------------------
S&P Global Ratings revised its outlook on Jane Street Group LLC
(JSG) to stable from positive and affirmed its ratings, including
its 'BB' issuer credit and secured debt ratings.
The outlook revision reflects the diminished likelihood of an
upgrade, as the company actively takes steps to address the
allegations made by the Indian securities regulator. In November
2024, S&P revised its rating outlook on JSG to positive to indicate
a potential upgrade if the company sustains benefits from its
enhanced scale and diversification, while maintaining the
improvements in its funding profile and its strong capital
position.
On July 4, 2025, Jane Street, a leading U.S.-based market-maker,
was accused by Securities and Exchange Board of India (SEBI) of
market manipulation in the Indian options and stock market. As a
result, the company faces potential sanctions and limits on its
ability to continue trading in Indian markets. JSG strongly denies
the allegation, and the ultimate outcome of the regulatory action
and likely appeal is unknown.
The direct financial cost to the company from SEBI's order is
expected to be modest, but the accusation raises some questions
about JSG's ability to manage its ongoing rapid expansion and
growth. S&P said, "We note that the firm's trading in India
typically does not represent a significant portion of its earnings,
and the required escrow deposit from SEBI's Interim Order
represents a very small percentage of JSG's total adjusted capital.
However, JSG continues to expand at a very fast pace, as seen in a
surge in the total size of its balance sheet, margins posted to
prime brokers, and value-at-risk (VaR) on trading positions. We
view this pace of growth as a risk, and illustrative of the firm's
comparatively higher risk appetite versus that of peers."
S&P said, "JSG strongly denies SEBI's allegations, and we believe
the ultimate outcome of this regulatory action and expected appeal
could remain unknown for some time. Even if JSG is ultimately
vindicated, we believe that such an accusation could cause some
reputational damage to the company. This has reduced the likelihood
we would raise ratings on it during the one-year outlook horizon.
"Our ratings affirmation on JSG reflects its exceptional
profitability and strong capitalization, as well as no visible
indications so far of material fallout from its other regulators,
prime brokers, investors or counterparties. While JSG continues to
generate impressive earnings and growth of capital through retained
earnings, its growth focus has increased risk at an even faster
pace recently. This has lowered the second-quarter risk-adjusted
capital (RAC) ratio to closer to 12% from 12.6% at the end of the
first quarter. The RAC ratio was 16% in June 2024, and while some
of the decrease since then stems from the inclusion of a higher
operational risk charge because of the firm's record 2024 revenue
in our estimate of its 2025 RAC, we believe the drop is mostly
attributable to the vast expansion of trading activities and the
subsequent surge in VaR."
Despite the meaningful decline in this ratio, the company is still
operating with strong risk-adjusted capitalization, both in
absolute terms, as well as relative to its peers. JSG operates with
the largest equity base among the technology-driven trading firms
that S&P rates, and its RAC ratio is in the upper range of the peer
group.
JSG has grown into a leading market-maker and liquidity provider in
several asset classes (including equities, options, corporate bonds
and Treasuries) while consolidating its top spot in exchange-traded
funds worldwide. It is also a growing player in the wholesaling of
retail U.S. equities and options. Its market share gains during the
past two years in various asset classes have been impressive.
The stable outlook balances JSG's strong profitability and
capitalization and continued growth of its trading franchise,
against the risks that such rapid grow poses, and the potential for
reputational damage, or other fallout from the Indian regulator's
accusation, including potential additional regulatory scrutiny.
In the next 12 months, S&P could lower its ratings on JSG if S&P
expects:
-- Material reputational damage to erode the firm's franchise or
profitability or to increase regulatory scrutiny;
-- Deterioration of the RAC ratio below 11%;
-- Indications of significant risk management failures, or;
-- Weaker funding or liquidity, for example, material erosion in
the GSFR or required margin to net trading capital ratios.
It is unlikely that S&P would consider an upgrade in the next 12
months. That said, over the longer term, S&P could raise ratings if
it expects:
-- JSG to not suffer any material reputational damage or
additional regulatory scrutiny, or deterioration in its market
share;
-- The company to establish a track record of managing its
operations and growth soundly; and
-- The RAC ratio remains above 11%, with supportive funding and
liquidity measures.
JFL-TIGER ACQUISITION: Moody's Affirms 'B2' CFR, Outlook Stable
---------------------------------------------------------------
Moody's Ratings affirmed the B2 corporate family rating and B2-PD
probability of default rating of JFL-Tiger Acquisition Co., Inc.
(dba Crystal Clean). Concurrently, Moody's affirmed the B2 rating
on the company's senior secured bank credit facility, consisting of
a $680 million senior secured first lien term loan and $100 million
senior secured first lien revolving credit facility. The outlook
remains stable.
The rating affirmation and stable outlook reflect Moody's
expectations for credit metrics to improve over the next year,
benefiting from higher pricing, recurring demand in the
Environmental Services (ES) segment and recent acquisition
synergies. These factors will help offset volume and margin
pressures driven by labor and disposal cost inflation, demand and
pricing headwinds in the base oil market, and macroeconomic
pressures weighing on industrial activity. Moody's also expects
Crystal Clean to benefit from opportunities presented by increasing
demand for PFAS remediation and to maintain adequate liquidity.
RATINGS RATIONALE
The B2 CFR reflects Crystal Clean's good market position in
specialty waste environmental services, with a facility network,
processing capabilities and difficult-to obtain regulatory permits
that provide barriers to entry. Demand for services is partly
driven by the need for customers to comply with environmental
regulations. Steady demand in the ES segment, underpinned by
contracts with a high customer retention rate of over 90%, provides
a recurring revenue base. This tempers volatility from the
company's oil recycling (OR) business and its Industrial and Field
Services (IFS) segment, which is project-based in nature and
susceptible to cautious customer spending during economic
slowdowns. However, the IFS business is often recurring under
master service agreements with the same customers. Acquisitions
will remain core to the growth strategy, including recent
acquisitions that expand the company's scale in emergency response
and industrial waste collection, and enhance its vertical
integration in the ES segment.
The rating also reflects Crystal Clean's exposure to cyclical end
markets and susceptibility to economic downturns considering its
focus on small and mid-sized business customers. The company has
modest revenue scale and operates in a competitive landscape with
larger players. Reliance on third party providers for waste
disposal results in high tipping fees. To reduce this cost burden,
Crystal Clean will remain focused on pursuing opportunities to
internalize more waste, including permits for disposal sites and
adding waste processing capacity. Exposure to commodity price risk,
including a decline in oil prices, and to lower base oil demand
have contributed to lower earnings in the OR business and weighed
on Crystal Clean's overall profit margins. The company's reliance
on its single oil re-refinery makes earnings susceptible to
unplanned plant disruptions or extended maintenance shutdowns.
Moody's expects Crystal Clean's focus on cost discipline to support
improving results, with adjusted EBITDA margin sustained above 20%
and debt-to-EBITDA trending down to about 4.3x in 2025.
Crystal Clean's adequate liquidity is based on Moody's expectations
that the company will maintain ample revolver availability and
generate positive free cash flow over the next year, balancing
modest unrestricted cash. However, Moody's expects free cash flow
to moderate in 2025 due to a significant increase in capital
expenditures. The $100 million revolving credit facility was
undrawn as of March 31, 2025 and had $87 million available net of
letters of credit. The facility has a springing first lien net
leverage threshold of 6.71x, tested when 40% of the revolver size
is drawn. Moody's do not expect the covenant to be tested. The
company's term loan has no financial maintenance covenants and
there are no near term debt maturities.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded with prudent scale expansion without
weakening margins or profitability and a financial policy that
results in stronger credit metrics, including debt-to-EBITDA
sustained at or below 4x and EBIT-to-interest at or above 2x. The
maintenance of good liquidity, including ample revolver
availability and consistent positive free cash flow to fund the
company's growth and diversification, could also support an
upgrade. Reduced vulnerability to the energy sector and oil prices
would also be viewed favorably.
The ratings could be downgraded with deteriorating liquidity,
including diminishing revolver availability and lower than expected
free cash flow, or if Moody's expects debt-to-EBITDA to remain
above 5x. A material decline in revenue or margin erosion due to
deteriorating business conditions, competitive pressures or
inability to manage costs efficiently, could also result in lower
ratings. Aggressive financial policies such as prioritizing
shareholder distributions, especially if funded with debt, or
meaningful debt financed acquisitions that weaken the metrics could
also lead to a downgrade.
The principal methodology used in these ratings was Environmental
Services and Waste Management published in August 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
JFL-Tiger Acquisition Co., Inc., through its principal subsidiary
Crystal Clean, Inc. (fka Heritage-Crystal Clean, Inc.), is a
provider of specialty waste environmental services, including the
collection, packaging, transportation, recycling, treatment and
disposal of hazardous and non-hazardous waste. Crystal Clean
provides parts cleaning, containerized waste management and
wastewater vacuuming through its Environmental Services segment.
The Industrial & Field Services (IFS) segment provides emergency
spill response, tank cleaning, remediation services. Crystal Clean
also re-refines (recycles) used oil and sells the recycled products
through its Oil Recycling (OR) segment. Revenue approximated $840
million for the twelve months ended March 31, 2025. JFL-Tiger
Acquisition Co., Inc. is owned by J.F. Lehman & Company.
JND TROPICS: Seeks to Hire James Ullman as Legal Counsel
--------------------------------------------------------
JND Tropics LLC seeks approval from the U.S. Bankruptcy Court for
the District of Arizona to hire James A. Ullman of Spencer Fane LLP
to serve as legal counsel in its Chapter 11 case.
Mr. Ullman will provide these services:
(a) give the Debtor and Debtor-in-Possession legal advice with
respect to its powers and duties in these proceedings;
(b) prepare on behalf of the Debtor and Debtor-in Possession
the necessary applications, answers, orders, reports and other
legal papers;
(c) perform all other legal services for the Debtor and
Debtor-in-Possession which may be necessary herein; and
(d) represent the debtor in any adversary proceeding and all
other matters as it relates to the Tropical Smoothie franchise
agreements.
Mr. Ullman will receive an hourly rate of $535 and an hourly rate
of $195 for paralegals.
Spencer Fane LLP is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
James A. Ullman, Esq.
SPENCER FANE LLP
2415 East Camelback Road, Suite 600
Phoenix, AZ 85016
Telephone: (602) 562-4215
E-mail: jullman@spencerfane.com
About JND Tropics LLC
JND Tropics LLC in Phoenix AZ, sought relief under Chapter 11 of
the Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. D. Ariz. Case No. 25-05356) on June 12, 2025,
listing as much as $1 million to $10 million in both assets and
liabilities. Daniel Rudolph as member, signed the petition.
Judge Madeleine C. Wanslee oversees the case.
MICHAEL W. CARMEL, LTD. serve as the Debtor's legal counsel.
JOSHUA MANAGEMENT: Section 341(a) Meeting of Creditors on August 13
-------------------------------------------------------------------
On July 16, 2025, Joshua Management 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.
A meeting of creditors under Section 341(a) to be held on August
13, 2025 at 02:30 PM at Office of UST (TELECONFERENCE ONLY).
About Joshua Management LLC
Joshua Management LLC is a New York-based real estate management
company operating as a single asset real estate entity.
Joshua Management LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-11568) on July 16,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by Robert Leslie Rattet, Esq. at
Davidoff Hutcher & Citron LLP.
KARBONX CORP: Closes $314K Asset Deal for Allcot Projects
---------------------------------------------------------
Karbon-X Corp. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that pursuant to an Asset
Purchase Agreement dated May 14, 2025, the Company entered
agreement with Allcot AG pursuant to which certain assets of Allcot
would be sold and transferred to the Company with the intention to
save those projects and the employments of multiple people in
several countries.
The Projects that Allcot is developing affect directly and
indirectly more than 30,000 people in the Global South by giving
them the opportunity to protect their territories as well as have a
decent income.
Allcot is currently under provisional moratorium pursuant to
Articles 293 et seq. of the Swiss Debt Collection and Bankruptcy
Act (SchKG). A condition precedent to the entry into and
effectiveness of the Asset Purchase Agreement was the formal
approval of the transaction by Kantonsgericht Zug.
On June 24, 2025 the Composition Court approved the Asset Purchase
Agreement, as well as the addenda dated 6, 11, and 17 June 2025.
Accordingly, AllCot was officially authorized, under Art. 298 para.
2 of the Swiss Debt Enforcement and Bankruptcy Law (SchKG), to sell
the Projects defined in the Asset Purchase Agreement.
The purchase price for the assets is $314,369.85, payable at
closing of the transaction. The closing occurred on June 27, 2025.
The precise terms of the Asset Purchase Agreement is available at
https://tinyurl.com/3ds8ba8u
About Karbon-X
Calgary, Canada-based Karbon-X Corp. provides customized
transactional options, tailored insights, and scalable access to
the Verified Emissions Reduction markets.
Spokane, Wash.-based Fruci & Associates II, PLLC, the Company's
auditor since 2022, issued a "going concern" qualification in its
report dated September 13, 2024, citing that the Company has
generated minimal revenues from its business operations and has
incurred operating losses since inception. These factors, among
others, raise substantial doubt about the Company's ability to
continue as a going concern.
KIM ENGINEERING: Seeks Chapter 11 Bankruptcy in Maryland
--------------------------------------------------------
On July 15, 2025, Kim Engineering Inc. filed Chapter 11 protection
in the U.S. Bankruptcy Court for the District of Maryland.
According to court filing, the Debtor reports between $10 million
and $50 million in debt owed to 100 and 199 creditors. The
petition states funds will be available to unsecured creditors.
About Kim Engineering Inc.
Kim Engineering Inc. is a professional engineering services firm
based in Laurel, Maryland, likely specializing in architectural,
engineering, and related technical services as indicated by its
NAICS code 5413. The company operates from its headquarters at 6100
Chevy Chase Drive and serves clients throughout the Maryland
region.
Kim Engineering Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-16453) on July 15,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $50 million and estimated liabilities between $10
million and $50 million.
The Debtors are represented by Weon G. Kim, Esq. at WEON G. KIM LAW
OFFICE.
LACKAWANNA ENERGY: Moody's Rates New $1.09BB Bank Loans 'Ba3'
-------------------------------------------------------------
Moody's Ratings has assigned a Ba3 rating to Lackawanna Energy
Center LLC's (LEC or the Issuer) proposed $900 million seven-year
senior secured first lien term loan B facility, $70 million
seven-year senior secured Term LC facility, and $120 million
five-year senior secured first lien revolving credit facility
(collectively, the new bank credit facilities). The outlook is
stable.
The proposed $900 million senior secured term loan B facility will
be used to refinance the existing $715 million senior secured term
loan B facility (originally $730 million) and to repay outstanding
mezzanine debt of $136 million. The Term LC facility will be used
to replace the existing $82 million Term Loan C facility, including
to replace the letters of credit under the existing debt documents
and to support the debt service reserve account. The revolving
credit facility will be used to refinance outstanding revolving
credit balances, replace outstanding standby letters of credit, and
provide working capital requirements. Upon closing of the new bank
credit facilities, Moody's intends to withdraw the Ba3 rating
assigned to the existing $730 million senior secured term loan B
(CUS:50550EAB4 and CUS:50550EAC2), the existing $82 million term
loan C (CUS:50550EAD0), and the existing $120 million revolving
credit facility.
RATINGS RATIONALE
The Ba3 rating assignment reflects LEC's solid competitive position
in PJM, demonstrated by attractively priced fuel from the
Marcellus/Utica gas supply and its high efficiency as a combined
cycle plant using General Electric International Inc.'s (GE) 7HA.02
technology with heat rates below 6,500 Btu/kWh. Further supporting
LEC's credit profile is a long-term service agreement (LTSA) with
GE, highly experienced sponsors in Invenergy and Global
Infrastructure Partners (a BlackRock affiliate), and an experienced
operator in Invenergy Services Thermal US LLC. The project also has
typical project finance features that provide lender protections.
The rating also considers the single asset operating risk,
refinancing risk, mostly 'Ba' rating category financial metrics
under the Moody's Case, and LEC's exposure to volatile power
markets, which coupled with other factors, has led to financial
underperformance in 2024 and through LTM Q1 2025. LEC has recorded
energy margins below expectations driven by lower than expected
power prices and the project's material exposure to
transmission-related basis risk at LEC's node. Management
anticipates financial performance can improve owing to strong
demand and load growth that should lead to more favorable energy
pricing helping to minimize the impact from the project's basis
risk exposure.
In addition to more favorable market conditions, LEC has a larger
percentage of hedged margin in the near term relative to historical
performance, and continues to maintain a gas netback arrangement
which provides downside protection for the Issuer. Under
management's case, 58% of the project's gross margin is hedged
through 2028 owing to executed energy margin hedges and more
certain PJM capacity related revenues and cash flow. The project
benefits from known cleared capacity auction pricing through May
2026 that saw a significant increase in capacity auction prices for
the 2025/2026 planning period as capacity prices in the MAAC zone
cleared at approximately $270/MW-day, well above the $49.49/MW-day
in the previous two planning periods. In addition to the capacity
auction price increase, the project is expected to benefit from the
approved PJM capacity auction price collar that guarantees LEC at
least a floor auction price of $175/MW-day for the 2026/2027 and
2027/2028 planning years. With the improved market conditions,
higher capacity revenues, and a more active energy hedging program,
LEC should see a sustained uptick in financial performance over the
next several years. While more certain cash flow will notably
improve cash flow generation, LEC's basis risk exposure can
ultimately limit the project's energy margin as it has in the past.
Positively, management's most recent forecast fully incorporates
basis risk remaining an ongoing risk for LEC over the life of the
transaction, and management has hedged against basis risk for the
next 18 months and will continue to proactively hedge.
Meeting the project's financial performance going forward will be
crucial to LEC's credit profile, particularly given the addition of
incremental indebtedness of $185 million to the senior secured
tranche. While Moody's recognizes that the incremental indebtedness
will simplify the capital structure by eliminating the outstanding
mezzanine debt and that annual debt service will decrease owing to
lower interest rates, LEC's cash flow generation will need to
sustainably strengthen from historical levels in order to support
the incremental indebtedness—that equates to a near 26% increase
in senior secured indebtedness—and ultimately pay down debt in
order for the project to meet financial expectations.
Financial metrics in the 'Ba' range under conservative assumptions
Management's case assumes an average (DSCR) of around 3.17x, an
average Project CFO to Debt around 22.0%, and Debt/EBITDA around
2.88x from 2026 to 2028, according to Moody's calculations. Under
Moody's case, which assumes a reduced energy margin, reduced
capacity auction prices, and 15% higher variable O&M, Moody's
expects an average (DSCR) of around 1.98x, an average Project CFO
to Debt around 10.2%, and an average Debt/EBITDA around 4.41x from
2026 to 2028, according to Moody's calculations.
Liquidity Analysis
LEC's liquidity includes a $120 million secured revolver and a $70
million Term LC facility to be used for issuing letters of credit
which will incorporate six-month debt service reserve (DSRA) for
creditors. The project also has the option to fund a Liquidity
Reserve Account in an amount to the lessor of (1) the amount equal
to a prudent liquidity reserve plus the aggregate amount of major
maintenance/capital expenditures reasonably anticipated to be
incurred over the next 12 months and (2) $25 million.
Structural Considerations
The project benefits from typical project finance protections
including a first lien security interests in all tangible and
intangible assets of the Issuer, limitations on incremental debt &
asset sales, and a 1.1x DSCR financial covenant. The project also
benefits from 1% mandatory amortization of the term loan B and a
cash flow sweep that begins at 75% and steps down to 50% if the net
leverage ratio falls below 4.0x.
OUTLOOK
The stable outlook assumes that the project will continue to
exhibit strong operating performance, an active hedging program
which helps to maintain solid energy margins, resulting in
sustained financial performances that aligns with the Moody's case
and remains commensurate with the low Ba rating level.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
FACTORS THAT LEAD TO AN UPGRADE
In light of the incremental senior secured debt added as part of
this refinancing, the rating is currently well-positioned and has
limited prospects for an upgrade. The rating could face upward
pressure if LEC repays substantially greater debt than expected and
the project generates stronger financials on a sustained basis than
anticipated under the Moody's case that result in DSCRs
consistently above 2.0x, Project CFO to debt above 15%, and debt to
EBITDA below 4.0x.
FACTORS THAT COULD LEAD TO A DOWNGRADE
The rating could be downgraded if the project incurs major
operational problems, if debt reduction is materially less than
expected or if its financial metrics are below expectations leading
to DSCR levels below 1.75x, Project cash flow to debt below 10%,
and debt to EBITDA above 6.0x on a sustained basis.
PROFILE
LEC owns the Lackawanna Energy Center, a 1,483 MW natural-fired
combined gas turbine facility located in Jessup, Pennsylvania. The
plant achieved commercial operation on January 15, 2019. LEC is
owned by a sponsor group of Invenergy Thermal Operating II (12.29%)
and Global Infrastructure Partners (87.71%), a Blackrock
affiliate.
LIST OF AFFECTED RATINGS
Issuer: Lackawanna Energy Center LLC
Assignments:
Senior Secured Bank Credit Facility, Assigned Ba3
Outlook Actions:
Outlook, Remains Stable
The principal methodology used in these ratings was Power
Generation Projects published in June 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
LAVIE CARE: No Decline in Resident Care, PCO Report Says
--------------------------------------------------------
Shelby Walker, the patient care ombudsman, filed her report
regarding the quality of patient care provided at the Mississippi
nursing facilities operated by LaVie Care Centers, LLC's
affiliates.
The local long-term care ombudsman assigned to oversee Hilltop
Manor Health and Rehabilitation Center reports that they continue
to provide consistent, quality care since the last visit. The
facility was clean, free of unpleasant odors, and maintained a
calm, pleasant atmosphere. There were complaints concerning food
and the facility being understaffed.
During a recent visit, the local long-term care ombudsman assigned
to monitor the Courtyard Rehabilitation and Healthcare facility
observed a significant improvement in cleanliness, with the
facility now maintained to a higher standard than in previous
assessments. While one complaint was received regarding food
portion sizes, no additional concerns about the size or quality of
the food were reported. Overall, the facility continues to make
positive strides, operating smoothly and providing adequate care to
its residents without any significant concerns or issues.
The local long-term care ombudsman assigned to Oaks Rehabilitation
and Healthcare Center reported that the overall quality of care for
residents remains consistent. The facility was clean, free of
unpleasant odors, and residents were appropriately dressed and
well-groomed. The facility floors were clean in the hallways and in
the resident's rooms. No complaints were reported by residents
during the visit.
The local long-term care ombudsman assigned to Starkville Manor
Health Care and Rehabilitation Center reported that the quality of
care for residents remains satisfactory. The facility is in full
compliance with its corrective action plan, and no further concerns
or complaints have been reported to the ombudsman.
The local long-term care ombudsman assigned to oversee Winona Manor
Health Care and Rehabilitation Center reported that several visits
have been completed to monitor the facility's condition and ensure
resident care standards are being upheld. The local long-term care
ombudsman reported that the quality of care remains satisfactory.
The ombudsman noted that all residents are receiving appropriate
care, staffing levels at the facility are adequate, and there are
no issues regarding the availability of supplies for residents.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=oKv1re from Kurtzman Carson Consultants,
LLC, claims agent.
About Lavie Care Centers
LaVie Care Centers, LLC, is the parent company of skilled nursing
facility operators and providers, with facilities primarily located
in Mississippi, North Carolina, Pennsylvania and Virginia. The
company operates 43 licensed facilities, with 4,300 beds, providing
short-term rehabilitation, comprehensive post-acute care, and
long-term care to its residents.
On June 2 and 3, 2024, LaVie Care Centers and 281 affiliates filed
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. N.D. Ga. Lead Case No. 24-55507), before Judge Paul
Baisier in Atlanta.
The Debtors tapped McDermott Will & Emery, LLP as legal counsel;
Stout Capital, LLC as investment banker; and Ankura Consulting as
financial advisor. M. Benjamin Jones, senior managing director at
Ankura, serves as the Debtors' chief restructuring officer.
Kurtzman Carson Consultants, LLC is the claims agent, and maintains
the page http://www.kccllc.com/LaVie
The U.S. Trustee for Region 21 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
The U.S. Trustee also appointed Joani Latimer as patient care
ombudsman for patients at the Debtors' Virginia facilities; Victor
Orija for North Carolina facilities; Lisa Smith for the Mississippi
facilities; Margaret Barajas for the Pennsylvania facilities; and
Terri Cantrell for the Florida facility.
A patient care ombudsman has been appointed in the Debtors' cases.
LEVI STRAUSS: S&P Rates New EUR475MM Senior Unsecured Notes 'BB+'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '3'
recovery rating to U.S.-based Levi Strauss & Co.'s proposed EUR475
million senior unsecured notes due 2030. The '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 65%) recovery in the event of a payment default. The
notes will rank pari passu with the company's existing senior
unsecured notes due 2031 and remain subordinated to the borrowings
under its secured asset-based lending (ABL) credit facility.
S&P said, "We expect Levi will use the net proceeds from this
issuance to redeem its existing EUR475 million outstanding 3.375%
senior unsecured notes due 2027 and pay related fees. We will
withdraw our issue-level ratings on the existing 3.375% notes after
they are repaid. Our ratings on the proposed notes are based on
preliminary terms and are subject to review upon the receipt of
final documentation.
"We expect this transaction will be leverage neutral. However, we
note the company will likely face higher interest costs, which will
slightly weaken our free operating cash flow expectations.
"Our 'BB+' issuer credit rating and stable outlook on Levi Strauss
are unchanged. The company's latest earnings, for the second
quarter ended June 1, 2025, were somewhat stronger than expected.
As part of its earnings release, Levi raised its full-year net
revenue, margin, and earnings guidance, as well as its earnings
estimates when incorporating expected tariff impacts, which we view
as credit positive.
"We expect the company will increase its organic revenue by the
low-single-digit percent area in fiscal year 2025 (ending November)
due to its diverse and balanced expansion across channels,
geographies, and product categories, as well as its strategic
initiatives aimed at strengthening its brand equity and consumer
engagement. We also expect Levi will improve its EBITDA margins in
fiscal year 2025 on lower restructuring costs, a favorable shift in
its sales mix toward high-margin direct-to-consumer (DTC) sales,
and cost savings. Furthermore, we expect the company will benefit
from lapping the high restructuring expenses related to Project
Fuel in 2024, which will be partially offset by its increased
marketing investments and higher product costs from the proposed
tariffs. Despite the macroeconomic uncertainty, we expect Levi will
continue to pursue share repurchases in 2025 using its expected
asset sale proceeds. As such, we forecast the company's S&P Global
Ratings-adjusted leverage will remain in 1.5x-2.0x range over the
next 12 months, providing it with ample headroom relative to our
3.0x downside threshold."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- Levi's capital structure comprises a $1 billion ABL revolving
credit facility due 2029, the proposed EUR475 million senior notes
due 2030 (equivalent to $531 million), and $500 million of senior
notes due 2031.
-- S&P's simulated default scenario contemplates a default
occurring in 2030 and assumes Levi would reorganize following the
default. Therefore, it continues to value the company on a
going-concern basis using a 6.5x multiple of our projected
emergence EBITDA.
-- Debt service: $67 million (default year interest plus
amortization)
-- Maintenance capital expenditure: $94 million
-- Default EBITDA proxy: $161 million
-- Operational adjustment: $80 million (50% of preliminary
emergence EBITDA) to bring the valuation in line with our
valuations of its rated peers
-- Emergence EBITDA: $241 million
Simulated default assumptions
-- Year of default: 2030
-- EBITDA at emergence: $241 million
-- Implied enterprise value multiple: 6.5x
-- Gross enterprise valuation: $1.56 billion
Simplified waterfall
-- Net recovery value (excluding administrative expenses): $1.49
billion
-- Obligor/nonobligor valuation split: 50%/50%
-- Estimated priority claims (ABL and local foreign debt): $593
million
-- Total value available to unsecured claims: $888 million
-- Estimated senior unsecured claim: $1.14 billion
--Recovery expectations: 50%-70% (rounded estimate: 65%)
Note: All debt amounts include six months of accrued prepetition
interest at default.
LIFESCAN GLOBAL: Case Summary & 30 Largest Unsecured Creditors
--------------------------------------------------------------
Lead Debtor: LifeScan Global Corporation
75 Valley Stream Parkway, Suite 201
Malvern PA 19355
Business Description: LifeScan provides blood glucose monitoring
solutions through its OneTouch product line,
supporting diabetes management for customers
worldwide. The Company operates in over 50
countries across North America, Europe, and
Asia, and employs more than 1,300 people.
Chapter 11 Petition Date: July 15, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Nine affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
LifeScan Global Corporation (Lead Case) 25-90259
LifeScan Texas, LLC 25-90258
DUV Holding Corporation 25-90260
DUV Intermediate Holding Corporation 25-90261
DUV Intermediate Holding II Corporation 25-90262
LifeScan, Inc. 25-90263
LifeScan China, LLC 25-90264
LifeScan IP Holdings, LLC 25-90265
LifeScan Institute, LLC 25-90266
Judge: Hon. Alfredo R Perez
Debtors'
Local
Bankruptcy
Counsel: John F. Higgins, Esq.
M. Shane Johnson, Esq.
Megan Young-John, Esq.
James A. Keefe, Esq.
Grecia V. Sarda, Esq.
PORTER HEDGES LLP
1000 Main St., 36th Floor
Houston, Texas 77002
Tel: (713) 226-6000
Fax: (713) 226-6248
Email: jhiggins@porterhedges.com
sjohnson@porterhedges.com
myoung-john@porterhedges.com
jkeefe@porterhedges.com
gsarda@porterhedges.com
Debtors'
General
Bankruptcy
Counsel: Dennis F. Dunne, Esq.
Samuel Khalil, Esq.
Jaimie Fedell, Esq.
MILBANK LLP
55 Hudson Yards
New York, New York 10001
Tel: (212) 530-5000
Fax: (212) 530-5219
Email: ddunne@milbank.com
skhalil@milbank.com
jfedell@milbank.com
and
Andrew M. Leblanc, Esq.
Melanie Yanez, Esq.
MILBANK LLP
1850 K Street, NW
Suite 1100
Washington DC 20006
Tel: (202) 835-7500
Fax: (202) 263-7586
Email: aleblanc@milbank.com
myanez@milbank.com
Debtors'
Investment
Banker: PJT PARTNERS LP
Debtors'
Financial
Advisor: ALVAREZ & MARSAL NORTH AMERICA, LLC
Debtors'
Notice &
Claims
Agent: EPIQ CORPORATE RESTRUCTURING, LLC
Estimated Assets: $1 billion to $10 billion
Estimated Liabilities: $1 billion to $10 billion
The petitions were signed by James Rushing as chief financial
officer.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/LTYY3MY/LifeScan_Global_Corporation__txsbke-25-90259__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. CVS Health Corporation Rebates Payable $244,689,376
1 CVS Drive
Woonsocket, RI 02895
United States
Attn: David Joyner
Title: President and CEO
Phone: 469-524-7201
Email: david.joyner@cvshealth.com
2. UnitedHealth Group Rebates Payable $234,925,978
9900 Bren Rd E
Minnetonka, MN 55343
United States
Attn: Tim Noel
Title: CEO, Medicare and Retirement
Phone: 877-536-3550
Email: timothy_noel@uhc.com
3. The Cigna Group Rebates Payable $196,301,555
900 Cottage Grove Rd
Bloomfield, CT 06002-2920
United States
Attn: Ann Dennison
Title: EVP and CFO
Phone: 860-787-7968
Email: ann.dennison@thecignagroup.com
4. Illinois Department Rebates Payable $30,726,944
of Healthcare and Family Services
201 S Grand Ave E, 3rd Floor
Springfield, IL 62763
United States
Attn: Kelly Cunningham
Title: Medicaid Administrator
Phone: 217-782-2570
Email: kelly.cunningham@illinois.gov
5. Pennsylvania Department of Rebates Payable $15,379,325
Human Services
625 Forster Street
Harrisburg, PA 17120-0001
United States
Attn: Valerie E. Arkoosh, MD, MPH
Title: Secretary
Phone: 717-787-2600
Email: varkoosh@pa.gov
6. Ohio Department of Medicaid Rebates Payable $13,652,279
50 West Town Street, Suite 400
Columbus, OH 43215
United States
Attn: Maureen Corcoran
Title: Director
Phone: 614-466-4443
Email: maureen.corcoran@medicaid.ohio.gov
7. Kentucky Cabinet for Rebates Payable $8,716,011
Health and Family Services
275 E. Main Street, 6 West A
Frankfort, KY 40621
United States
Attn: Lisa Lee
Title: Medicaid Commissioner
Phone: 502-564-4321
Email: lisa.lee@ky.gov
8. Wisconsin Department Rebates Payable $6,031,397
of Health Services
1 West Wilson Street, Room 350
Madison, WI 53701-0309
United States
Attn: William Hanna
Title: Medicaid Director
Phone: 608-266-1271
Email: william.hanna@dhs.wisconsin.gov
9. Missouri Department of Rebates Payable $5,363,343
Social Services
615 Howerton Court, PO Box 6500
Jefferson City, MO 65102-6500
United States
Attn: Todd Richardson
Title: Director, MO Healthnet
Phone: 573-751-6922
Email: todd.richardson@dss.mo.gov
10. New York State Rebates Payable $5,345,659
Department of Health
Corning Tower
Empire State Plaza
Room 1466
Albany, NY 12237
United States
Attn: Amir Bassiri
Title: Medicaid Director
Phone: 518-474-3018
Email: amir.bassiri@health.ny.gov
11. Horizon Healthcare of NJ Inc Rebates Payable $5,338,446
Three Penn Plaza East
Newark, NJ 07105
United States
Attn: David J. Rosenberg
Title: EVP and CFO
Phone: 973-466-5607
Email: david_rosenberg@horizonblue.com
12. Florida Agency for Health Rebates Payable $5,196,292
Care Administration
2727 Mahan Dr, Mail Stop #8
Tallahassee, FL 32308
United States
Attn: Brian Meyer
Title: Deputy Secretary for Medicaid
Phone: 850-412-4000
Email: brian.meyer@ahca.myflorida.com
13. Connecticut Department of Rebates Payable $5,123,106
Social Services
55 Farmington Ave
Hartfod, CT 06105
Unted States
Attn: William Halsey
Title: Medicaid Director
Phone: 860-424-5383
Email: william.halsey@ct.gov
14. California Department of Rebates Payable $5,035,464
Health Care Services
1501 Capitol Ave, Ste 71-2014
Sacramento, CA 95814-5005
United States
Attn: Tyler Sadwith
Title: State Medicaid Director
Phone: 916-440-7400
Email: tyler.sadwith@dhcs.ca.gov
15. Flex Ltd. Trade Payable $4,079,050
12455 Research Blvd
Austin, TX 78759
United States
Attn: Hooi Tan
Title: COO
Phone: 669-242-6332
Email: hooi.tan@flextronics.com
16. Asahi Polyslider Co., Ltd. Trade Payable $2,126,968
One Parkway Center
1850 Parkway Place, Suite 410
Marietta, GA 30067
United States
Attn: Shun Mimura
Title: Business Development Manager
Phone: 678-601-5370
Email: smimura@asahi-us.com
17. Oklahoma Health Care Rebates Payable $1,909,085
Authority
4345 N. Lincoln Blvd
Oklahoma City, OK 73105
United States
Attn: Christina Foss
Title: Medicaid Director
Phone: 405-522-7365
Email: christina.foss@okhca.org
18. Independent Health Rebates Payable $1,784,737
Association, Inc.
511 Farber Lakes Drive
Williamsville, NY 14221
United States
Attn: Michael W. Cropp, MD, MBA
Title: President and CEO
Phone: 716-631-3001
Email: mcropp@independenthealth.com
19. Nevada Department of Health Rebates Payable $1,695,343
and Human Services
1100 East William Street, Suite 101
Carson City, NV 89701
United States
Attn: Stacie Weeks
Title: Medicaid Administrator
Phone: 702-668-4200
Email: stacie@nv.gov
20. Maine Department of Health Rebates Payable $1,496,904
and Human Resources
109 Capitol Street, 11 State House Station
Augusta, ME 04333
United States
Attn: Michelle Probert
Title: Director, Mainecare
Phone: 207-287-2674
Email: michelle.probert@maine.gov
21. Louisiana Department of Health Rebates Payable $1,382,117
628 N 4th Street
Baton Rouge, LA 70802
United States
Attn: Kim Sullivan
Title: Medicaid Executive Director
Phone: 225-342-9240
Email: kimberly.sullivan@la.gov
22. Exiom Technologies Ltd. Trade Payable $925,248
3 Hobbs House
Harrovian Business Village
Bessborough Road
Harrow, HA1 3EX
United Kingdom
Attn: Alpa Patel
Title: Director
Phone: +44 (0) 208-423-8463
Email: alpa@exiomtechnologies.com
23. Adhesive Research Ireland Ltd. Trade Payable $905,676
Raheen Business Park
Limerick, V94 VH22
Ireland
Attn: Craig McClenachan
Title: President
Phone: 800-445-6240
Email: craigm@adhesivesresearch.com
24. Arkansas Department of Rebates Payable $892,777
Human Services
112 West 8th Street, Slot S401
Little Rock, AR 72201-4608
United States
Attn: Janet Mann
Title: Deputy Director For Health and
Medicaid
Phone: 501-682-8648
Email: janet.h.mann@dhs.arkansas.gov
25. Aptar CSP Technologies Trade Payable $851,366
960 W. Veterans Blvd
Auburn, AL 36832
United States
Attn: Stephan Tanda
Title: President and CEO
Phone: 815-477-0424
Email: stephan.tanda@aptar.com
26. Eastman Chemical Company Trade Payable $795,974
200 South Wilcox Dr
Kingsport, TN 37660
United States
Attn: Brad Lich
Title: EVP and CCO
Phone: 212-835-1620
Email: blich@eastman.com
27. HI-FI Industrial Film Ltd. Trade Payable $704,934
Wedgwood Way
Stevenage, SG1 4SX
United Kingdom
Attn: Robin Ruijgrok
Title: CEO
PHone: +44(0) 1438 314 354
Email: robin@hififilm.com
28. South Carolina Department of Rebates Payable $666,258
Health and Human Services
1801 Main Street, PO Box 8206
Columbia, SC 29201-8206
United States
Attn: Eunice Medina
Title: Interim Medicaid Director
Phone: 803-898-2504
Email: eunice.medina@scdhhs.gov
29. Acolad Inc. Trade Payable $597,907
11 Rue Lazare Hoche
Boulogne-Billancourt, 92 100
France
Attn: Bertrand Gstalder
Title: CEO
Phone: +33 (0) 1 46 04 66 00
Email: bertrand.gstalder@acolad.com
30. Vermont Agency of Rebates Payable $594,875
Human Services
280 State Drive - Center Building
Waterbury, VT 05676
United States
Attn: Dr. Dashawn Groves
Title: DHVA Commissioner
Phone: 802-879-5900
Email: dashwan.groves@vermont.gov
LIFESCAN GLOBAL: Wins Court OK to Hire Epiq as Counsel
------------------------------------------------------
LifeScan Global Corporation and its debtor-affiliates sought and
obtained permission from the United States Bankruptcy Court for the
Southern District of Texas, Houston Division, to hire Epiq
Corporate Restructuring, LLC as their claims, noticing, and
solicitation agent for the Chapter 11 cases, effective pursuant to
the terms of the engagement letter dated June 4, 2025.
Generally, as the Claims, Noticing, and Solicitation Agent, Epiq's
services typically include managing the noticing process, including
serving notices of pleadings and orders to interested parties;
administering claims processing, such as receiving, recording, and
analyzing proofs of claim; facilitating solicitation processes,
including the distribution and tabulation of ballots for plan
voting; and maintaining records of all services provided, including
dates, categories of services, fees charged, and expenses
incurred.
Epiq's fees and expenses will be paid as an administrative expense
in the ordinary course of the Debtors' business without further
application or court order, unless a dispute arises, in which case
the matter will be brought to the Court for resolution. Epiq will
provide monthly invoices to the Debtors, their counsel, the U.S.
Trustee, counsel for any official committee, and any party
specifically requesting service of the invoices.
Prior to the Petition Date, Epiq received an advance of $25,000,
which will be applied consistent with the Engagement Letter.
Alex Warso leads a team of Epiq's professional working on the
case.
Epiq represents that it neither holds nor represents any interest
materially adverse to the Debtors' estates in connection with the
matters for which it would be employed. To the best of the Debtors'
knowledge, Epiq is a "disinterested person" as defined in section
101(14) of the Bankruptcy Code, as modified by section 1107(b).
Epiq has reviewed its database for relationships with the Debtors'
creditors and parties in interest and will supplement its
disclosure if any new facts or circumstances requiring disclosure
are discovered.
Compliance with U.S. Trustee Guidelines, however, the application
aligns with U.S. Trustee oversight principles by Requiring Epiq to
maintain detailed records of services, fees, and expenses.
Providing monthly invoices to the U.S. Trustee and other relevant
parties, with disputes subject to Court resolution.
Objections must be filed or raised at the hearing, or the Court may
treat the application as unopposed.
The Debtors have agreed to indemnify Epiq as per the Engagement
Letter, except for liability arising from gross negligence, willful
misconduct, or other matters specified in the Proposed Order.
About LifeScan Global Corporation
LifeScan delivers personalized health, wellness, and digital
solutions to individuals living with diabetes. Since 1981, LifeScan
has advanced glucose care and diabetes management with pioneering
technologies and new products, and is actively engaged in
designing, developing, manufacturing, and marketing devices,
software, and applications. Its comprehensive portfolio of
diabetes-related products and services includes blood glucose
monitoring devices, blood glucose test strips, lancing devices, and
digital applications.
LifeScan Global Corp. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-90259) on July
15, 2025. As of the Petition Date, the Debtors have approximately
$786 million assets and approximately $1.7 billion in liabilities.
Judge Alfredo R Perez presides over the case.
Megan Young-John and John F Higgins, IV at Porter Hedges LLP,
represent the Debtor as legal counsel.
LINQTO INC: Sapien Group Says Co. Engineered Chapter 11 in Texas
----------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that collapsed fintech startup
Linqto Inc. should have its bankruptcy case moved to Delaware after
allegedly orchestrating a secret plan to fabricate jurisdiction in
Texas, major investor Sapien Group USA LLC argued.
In a filing Wednesday, July 16, 2025, Sapien -- led by former
Linqto director Victor Jiang -- asked the U.S. Bankruptcy Court for
the Southern District of Texas to transfer the Chapter 11 case,
filed just a week earlier, citing a lack of legitimate ties to the
district, according to Bloomberg Law.
Despite being incorporated in Delaware and based in California,
Linqto's current board quietly formed a Texas shell company in
early April "for the apparent purpose" of establishing venue there,
Sapien alleged.
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.
MACY'S RETAIL: Moody's Rates New Senior Unsecured Notes 'Ba2'
-------------------------------------------------------------
Moody's Ratings assigned a Ba2 rating to the new proposed backed
senior unsecured notes at Macy's Retail Holdings, LLC (MRH).
Proceeds from the new notes will be used to refinance existing debt
and for general corporate purposes. All other ratings including the
MRH Ba2 senior unsecured notes ratings and Macy's, Inc.'s (Macy's)
Ba1 corporate family rating and the SGL-1 speculative grade
liquidity rating (SGL) remain unchanged. The outlook for MRH and
Macy's remains unchanged at stable.
RATINGS RATIONALE
Macy's, Inc.'s Ba1 corporate family rating reflects its very good
liquidity and its conservative capital allocation strategy which
includes moderate shareholder distributions. The rating also
reflects Macy's market position as the US's largest department
store chain with net sales of roughly $22 billion for the LTM
period ending May 03, 2025. Its integrated approach to stores and
online enhances its ability to meet the demands of the rapidly
changing competitive environment. The company has improved its
operating performance through customer re-engagement, cost
reduction and solid inventory management and continues to work to
increase its revenue stream beyond the traditional Macy's stores
with the expansion of its off-mall small format Macy's and
Bloomingdale's formats, its digital Marketplace and continued
growth of its luxury concepts, Bloomingdale's and Bluemercury.
Ratings remain constrained by the risk of continued pressure on
discretionary spending, its low retail operating margins and any
weakening of its credit portfolio. Macy's has very good liquidity
evidenced by its $932 million in cash at the end of the first
quarter ended May 03, 2025 and good free cash flow generation.
The stable outlook reflects the company's success in reducing its
cost structure and its conservative financial strategy. It also
reflects the expectation that Macy's can maintain its current
market position as well as its current level of credit metrics
despite the difficult consumer demand environment.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The rating could be upgraded if Macy's demonstrates a consistent
track record of sales and operating income performance which
includes a stabilization or increase in its market share relative
to alternative competitive channels as well as its department store
peers. In addition, the company must also continue to reduce its
reliance on traditional mall based assets through the successful
execution of new growth strategies such as Macy's and
Bloomingdale's Digital Marketplaces and its off-mall small format
Macy's and Bloomingdale's concepts in order for an upgrade to be
considered. An upgrade would also require sustained improvement in
retail profit margins and a capital structure that is commensurate
with an investment-grade rating. Quantitatively, a rating upgrade
would also require maintaining very good liquidity including strong
free cash flow generation and a conservative and clearly
articulated financial strategy. Quantitatively rating could be
upgraded if debt/EBITDA is sustained below 2.0 times and
EBIT/interest expense is sustained above 5.5 times.
Rating could be downgraded should Macy's liquidity or free cash
flow generation deteriorate, comparable sales performance reflect
weaker market positioning, operating performance including retail
margins deteriorate or a more aggressive financial strategy is
pursued including the utilization of unencumbered assets for any
purpose other than deleveraging. Quantitatively, rating could be
downgraded should debt/EBITDA be sustained above 3.25x and
EBIT/interest is sustained below 3.75x.
With its corporate office in New York, NY, Macy's, Inc. is one of
the nation's premier retailers, with LTM May 03, 2025 net sales of
approximately $22 billion. The company operates stores in 43
states, the District of Columbia, Guam and Puerto Rico under the
names of Macy's, Bloomingdale's, Bloomingdale's The Outlet, Macy's
Backstage, Macy's small format, Bloomie's, and Bluemercury, as well
as the macys.com, bloomingdales.com and bluemercury.com websites.
The principal methodology used in this rating was Retail and
Apparel published in November 2023.
MACY'S RETAIL: S&P Rates New $500MM Senior Unsecured Notes 'BB+'
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating on Macy's
Retail Holdings LLC's (BB+/Stable) proposed $500 million senior
unsecured notes due 2033. S&P assigned a '3' recovery rating,
indicating its expectations for meaningful recovery (50%-70%,
rounded estimate: 65%) in the event of a payment default. S&P
affirmed the 'BB+' issue-level and '3' recovery rating on the
company's existing senior unsecured notes. The recovery percentage
improved to 65% on all the company's senior unsecured notes because
of the debt reduction. It will use proceeds from the notes offering
along with about $300 million of cash on hand to pay down
approximately $760 million of existing notes through a tender offer
or redemption of certain outstanding senior notes and debentures
and pay fees and premiums. Ratings are based on preliminary terms
and are subject to receipt and review of final documentation.
S&P said, "While the proactive capital structure management and
debt reduction are credit positives, our 'BB+' issuer credit
ratings and stable outlooks on Macy's Inc. and Macy's Retail are
unchanged. We expect Macy's to sustain leverage of 2x-3x over the
next 12 months as the company maintains a balanced approach to
capital allocation, including resuming buying back shares with
excess free operating cash flow. We believe the company has room at
the current rating for incremental pressure stemming from tariffs
and an uncertain macroeconomic environment. We believe Macy's will
selectively raise prices to offset the incremental costs. If tariff
pressures persist or consumer demand drops and erode operating
performance, we would expect the company to limit its shareholder
returns to sustain credit metrics."
If the proposed transaction closes, S&P will discontinue our rating
on the fully repaid facilities.
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P's simulated default assumes a recessionary environment and
shifting consumer preferences, exacerbated by merchandise missteps
and increased competition, leads to the continued loss of market
share.
-- S&P assumes Macy's will emerge as a going concern given its
name recognition. It applies a 5.5x EBITDA multiple (in line with
the multiples it uses for other department stores) to its projected
emergence-level EBITDA figure.
-- S&P believes that as Macy's approaches default, it would
further rationalize its store footprint and sell assets.
-- Macy's capital structure will consist of a $2.1 billion
asset-based lending (ABL) facility (not rated) and about $2.5
billion of unsecured notes following the proposed transaction.
-- S&P assumes the ABL facility is 60% drawn at default, excluding
undrawn letters of credit, and believe this claim would rank ahead
of secured debt and the unsecured notes' claim in bankruptcy.
Simulated default assumptions
-- Simulated year of default: 2030
-- EBITDA at emergence: $586 million
-- Implied enterprise value (EV) multiple: 5.5x
-- Estimated gross EV at emergence: $3.2 billion
Simplified waterfall
-- Net EV (after 5% administrative costs and estimated unfunded
pension claims): $3.1 billion
-- Valuation split (obligors/nonobligors): 100%/0%
-- ABL secured claims (not rated): $1.1 billion*
-- Unsecured debt and non-debt claims: $2.8 billion*
--Recovery expectations: 50%-70% (rounded estimate: 65%)
*All debt claims include six months of prepetition interest.
MAGENTA BUYER: S&P Affirms 'CCC+' ICR, Outlook Negative
-------------------------------------------------------
S&P Global Ratings affirmed its 'CCC+' issuer credit rating on
Magenta Buyer LLC (dba Trellix and Skyhigh Security).
At the same time, S&P affirmed its 'B+' issue-level rating to the
company's super-priority term loan, 'B' rating to the first-out
term loan, 'CCC' rating to the second-out term loan, and 'CCC-'
rating to the third-out term loan.
The negative outlook reflects Magenta Buyer's weak operating
performance with declining revenues and negative free cash flow
over the past few years. It also reflects S&P's view that the
capital structure is unsustainable longer term without revenue
stabilization and improved profitability.
Magenta continues to face revenue declines and a free cash flow
deficit in 2025. Although S&P views the capital structure to be
unsustainable over the longer term, the company benefits from
sufficient liquidity as of first-quarter 2025, lower annual
interest expense following the LME transaction in 2024, and
improving EBITDA margins due to cost-control actions taken over the
past year.
Despite ongoing revenue declines, the company's liquidity position
provides flexibility during fiscal 2025, which supports our rating
affirmation. The 2024 debt restructuring provided the company some
liquidity flexibility, with $186 million in balance sheet cash as
of first-quarter 2025, reduced cash interest costs of about $400
million and about $50 million of paid-in-kind (PIK) interest in
2025. The company also has full availability under its $125 million
revolving credit facility. S&P said, "Additionally, the sponsors
added about $100 million of equity to the capital structure as part
of restructuring, which we view as a positive. Despite improvement
in its capital structure from the LME transaction, we project free
operating cash flow (FOCF) will be negative in 2026 with annual
cash interest expenses increasing to approximately $450 million due
to end of the PIK interest optionality at the end of 2025. We
anticipate EBITDA coverage of total interest expense will remain
just above 1x over the next 12 months. As such, we continue to view
the capital structure as unsustainable, unless the company can
address its declining revenue challenges."
Magenta is currently undergoing a strategic transformation, but
significant challenges and uncertainties persist. Over the past
five years, Magenta has underperformed in the cybersecurity market.
It has faced challenges in a competitive end market, resulting in
continued revenue declines and a shrinking market share, even as
the overall industry continues to grow. To return to a growth
trajectory, the company is focusing on customer centricity and
product simplification, which includes consolidating endpoint
products and investing in agentic AI. The company has also made
several leadership changes to realign its strategy. Furthermore,
cost optimization plans have resulted in improved S&P Global
Ratings-adjusted EBITDA margins, increasing to around 32% currently
from under 25% in 2023, with $35 million in additional cost savings
targeted in 2025. Nonetheless, business challenges continue in
2025, with a weaker budget due to delays in public sector deals,
exacerbated by factors such as cuts by the Department of Government
Efficiency initiative and uncertain tariff policies. S&P's base
case assumes the company's revenues continuing to decline over the
next 12 months driven by loss of market share.
S&P said, "Our base case assumes negative FOCF during fiscal 2025
and 2026. Free cash flow has been negative for the past three years
and we project it will remain negative over the near term. We
project a 2% FOCF/debt deficit in fiscal 2025 and around a 1%
deficit in fiscal 2026. Additionally, we project its S&P Global
Ratings-adjusted leverage remains elevated around low-8x during
2025, improving to 8x in 2026 due to ongoing cost-saving measures.
"The negative outlook reflects Magenta Buyer's weak operating
performance with declining revenues and negative free cash flow for
the past few years. It also reflects our view that the capital
structure is unsustainable longer term without revenue
stabilization and improved profitability.
"We could lower our rating on Magenta Buyer if it continues to
generate negative FOCF, and experiences declining revenues and
weakening liquidity such that we see increased risk of a default or
a distressed transaction within the upcoming 12 months.
"We could take a positive rating action on Magenta Buyer if it
stems revenue declines, maintains current EBITDA margins and
liquidity, and sustains break-even free cash flow over 12 months
after the PIK option expires."
MARI ARI: Voluntary Chapter 11 Case Summary
-------------------------------------------
Debtor: Mari Ari International, Inc.
8401 Westheimer Rd, Ste 280
Houston, TX 77063-2708
Business Description: Mari Ari International, Inc., doing business
as Mari Ari Hair, sells human hair
extensions, wigs, and related accessories.
The Company operates a retail boutique in
Houston, Texas, offering products and
styling services to individual and
professional clients. Its product line
features both synthetic and human hair
options with various styles, colors, and
types.
Chapter 11 Petition Date: July 16, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-34029
Debtor's Counsel: Reese Baker, Esq.
BAKER & ASSOCIATES
950 Echo Ln Ste 300
Houston TX 77024-2824
Email: courtdocs@bakerassociates.net
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Sean Lee as authorized representative of
the Debtor.
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/XUQXCXI/Mari_Ari_International_Inc__txsbke-25-34029__0001.0.pdf?mcid=tGE4TAMA
MARIN SOFTWARE: Hires Donlin Recano & Company as Advisor
--------------------------------------------------------
Marin Software Incorporated seeks approval from the U.S. Bankruptcy
Court for the District of Delaware to employ Donlin, Recano &
Company, LLC as administrative advisor.
The firm will provide these services:
a. assist with, among other things, any required solicitation,
balloting, and tabulation and calculation of votes, as well as
preparing any appropriate reports, as required in furtherance of
confirmation of chapter 11 plan(s) (the "Balloting Services");
b. generate an official ballot certification and testifying,
if necessary, in support of the ballot tabulation results;
c. In connection with the Balloting Services, handling
requests for documents from parties in interest, including, if
applicable, brokerage firms and bank back-offices and institutional
holders;
d. gather data in conjunction with the preparation, and
assisting with the preparation, of the Debtor's schedules of assets
and liabilities and statements of financial affairs;
e. provide a confidential data room, if requested;
f. manage and coordinate any distributions pursuant to a
confirmed chapter 11 plan; and
g. Providing such other claims processing, noticing,
solicitation, balloting, and administrative services described in
the Services Agreement, but not included in the Section 156(c)
Application, as may be requested by the Debtor from time to time.
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.
Lisa Terry, a senior legal director at Donlin, Recano & Company,
Inc., disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Lisa Terry
Donlin, Recano & Company, Inc.
48 Wall Street
New York, NY 10016
Telephone: (619) 346-1628
About Marin Software Incorporated
Marin Software Incorporated provides a software-as-a-service
platform for managing digital advertising across search, social,
and eCommerce channels. Its platform offers analytics, workflow,
and optimization tools designed to help performance marketers and
agencies improve returns on advertising spend.
Marin Software Incorporated sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11263) on July 1,
2025. In its petition, the Debtor reports total assets of
$5,656,853 and total debts of $2,767,237.
The Debtor's bankruptcy counsel is James E. O'Neill, Esq. at
PACHULSKI STANG ZIEHL & JONES LLP. The Debtor's Corporate Counsel
is FENWICK & WEST LLP. ARMANINO ADVISORY LLC is the Debtor's
Financial Advisor and DONLIN, RECANO & COMPANY, LLC is the Debtor's
Claims, Noticing & Solicitation Agent and Administrative Advisor.
MARIN SOFTWARE: Hires Fenwick & West LLP as Corporate Counsel
-------------------------------------------------------------
Marin Software Incorporated seeks approval from the U.S. Bankruptcy
Court for the District of Delaware to employ Fenwick & West LLP as
special corporate counsel.
The firm will provide these services:
a. corporate governance advice;
b. securities law advice, including review of filings with the
SEC and listing matters;
c. general employment advice; and
d. intellectual property matters, as needed.
The firm will be paid at these rates:
Partners $1,415 to $2,555 per hour
Counsel/Senior Counsel $1,275 to $1,550 per hour
Associates/Staff Attorneys $660 to $1,465 per hour
Paralegals $415 to $1,195 per hour
Practice Support Professionals $225 to $790 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Katherine K. Duncan, Esq., a partner at Fenwick & West 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:
Katherine K. Duncan, Esq.
Fenwick & West LLP
401 Union Street, 5th Floor
Seattle, WA 98101
Tel: (206) 389-4510
About Marin Software Incorporated
Marin Software Incorporated provides a software-as-a-service
platform for managing digital advertising across search, social,
and eCommerce channels. Its platform offers analytics, workflow,
and optimization tools designed to help performance marketers and
agencies improve returns on advertising spend.
Marin Software Incorporated sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11263) on July 1,
2025. In its petition, the Debtor reports total assets of
$5,656,853 and total debts of $2,767,237.
The Debtor's bankruptcy counsel is James E. O'Neill, Esq. at
PACHULSKI STANG ZIEHL & JONES LLP. The Debtor's Corporate Counsel
is FENWICK & WEST LLP. ARMANINO ADVISORY LLC is the Debtor's
Financial Advisor and DONLIN, RECANO & COMPANY, LLC is the Debtor's
Claims, Noticing & Solicitation Agent and Administrative Advisor.
MARIN SOFTWARE: Hires Pachulski Stang Ziehl as Counsel
------------------------------------------------------
Marin Software Incorporated seeks approval from the U.S. Bankruptcy
Court for the District of Delaware to employ Pachulski Stang Ziehl
& Jones LLP as counsel.
The firm will provide these services:
a. assist, advise, and represent the Debtor in its
consultations with estate constituents regarding the administration
of this Chapter 11 Case;
b. assist, advise, and represent the Debtor in any manner
relevant to the Debtor's financing needs, asset dispositions, and
leases and other contractual obligations;
c. assist, advise, and represent the Debtor in any issues
associated with the acts, conduct, assets, liabilities, and
financial condition of the Debtor;
d. assist, advise, and represent the Debtor in the
negotiation, formulation, and drafting of any plan of
reorganization and disclosure statement;
e. assist, advise, and represent the Debtor in the performance
of its duties and the exercise of its powers under the Bankruptcy
Code, the Bankruptcy Rules, and any applicable local rules and
guidelines; and
f. provide such other necessary advice and services as the
Debtor may require in connection with this Chapter 11 Case.
The firm will be paid at these rates:
Partners $1,150 to $2,350 per hour
Counsel $1,050 to $1,850 per hour
Associates $725 to $1,225 per hour
Paralegals $595 to $650 per hour
The firm received payments from the Debtor in the amount of
$250,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jason H. Rosell, Esq., a partner at Pachulski Stang Ziehl & Jones
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:
Jason H. Rosell, Esq.
Pachulski Stang Ziehl & Jones LLP
919 North Market Street, 17th Floor
P.O. Box 8705
Wilmington, DE 19899-8705
Tel: (302) 652-4100
Email: jrosell@pszjlaw.com
About Marin Software Incorporated
Marin Software Incorporated provides a software-as-a-service
platform for managing digital advertising across search, social,
and eCommerce channels. Its platform offers analytics, workflow,
and optimization tools designed to help performance marketers and
agencies improve returns on advertising spend.
Marin Software Incorporated sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11263) on July 1,
2025. In its petition, the Debtor reports total assets of
$5,656,853 and total debts of $2,767,237.
The Debtor's bankruptcy counsel is James E. O'Neill, Esq. at
PACHULSKI STANG ZIEHL & JONES LLP. The Debtor's Corporate Counsel
is FENWICK & WEST LLP. ARMANINO ADVISORY LLC is the Debtor's
Financial Advisor and DONLIN, RECANO & COMPANY, LLC is the Debtor's
Claims, Noticing & Solicitation Agent and Administrative Advisor.
MARTINS INTERSTATE: Edgewater Property Sale to Williams Co. OK'd
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division, has approved Martins Interstate Properties LLC to
Property, free and clear of liens, claims, and encumbrances.
The Debtor is a Florida limited liability company, wholly owned and
managed by Roberto Martins. Martins formed the Debtor on July 1,
2020. MARTINS planned for the Debtor to operate a real estate
business.
The Debtor has operated the real estate business continuously since
July of 2020.
The Debtor's Property is located at 500 Pullman Road, Edgewater, FL
32132.
The Court has authorized the Debtor to sell the Property to
Williams Company Management Group or any assigns of that entity for
the sum of $2,100,000.00 subject to all existing pre-petition
liens, claims, encumbrances, and interests by private sale.
The liens of the Fairwinds and Will Roberts, Tax Collector as
described in the Motion shall continue upon the sale of the
property and be subject to future payment from the sale of the
property from any closing proceeds received by the Debtor.
The sale made pursuant to this Order is "AS-IS WHERE IS WITH ALL
FAULTS" and shall be by Assignment and/or instrument of conveyance
as appropriate, with no warranties of title whatsoever.
Any professionals to be paid from the sale proceeds shall seek
prior approval of any compensation to be paid.
About Martins Interstate Properties LLC
Martins Interstate Properties owns two properties in Edgewater,
Fla., and Matthews, S.C., with a total current value of $1.30
million.
Martins Interstate Properties filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla.
Case No. 24-02516) on May 20, 2024, listing $1,296,406 in assets
and $910,980 in liabilities. Roberto Martins, Sr., manager, signed
the petition.
Judge Tiffany P. Geyer presides over the case.
Bryan K. Mickler, Esq., at the Law Offices of Mickler & Mickler,
LLP represents the Debtor as bankruptcy counsel.
MCPHILLIPS FLYING: Case Summary & Four Unsecured Creditors
----------------------------------------------------------
Debtor: McPhillips Flying Service, Inc.
Island Airways
f/k/a Gemini Air Service, Inc.
d/b/a Welke Aviation
111 Airport Drive
Charlevoix, MI 49720
Business Description: McPhillips Flying Service, Inc., doing
business as Welke Aviation and operating as
Island Airways, provides regional air
transportation services. Based in
Charlevoix, Michigan, the Company offers
passenger and cargo flights connecting
mainland Michigan to Beaver Island and
surrounding areas.
Chapter 11 Petition Date: July 15, 2025
Court: United States Bankruptcy Court
Western District of Michigan
Case No.: 25-02011
Judge: Hon. James W Boyd
Debtor's Counsel: A. Todd Almassian, Esq.
KELLER & ALMASSIAN, PLC
230 East Fulton
Grand Rapids, MI 49503
Tel: 616-364-2100
Fax: 616-364-2200
Email: ecf@kalawgr.com
Total Assets: $2,335,506
Total Liabilities: $2,483,706
The petition was signed by Angela LeFevre-Welke as president and
secretary.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LKBMMGA/McPhillips_Flying_Service_Inc__miwbke-25-02011__0001.0.pdf?mcid=tGE4TAMA
MEATHEADZ LLC: Gets Interim OK to Use Cash Collateral Until Aug. 15
-------------------------------------------------------------------
Meatheadz, LLC got the green light from the U.S. Bankruptcy Court
for the District of New Jersey to use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral through August 15 to pay operating expenses in
accordance with its budget. The budget projects total monthly
operating expenses of $81,014.
As adequate protection for the use of their cash collateral,
secured creditors The Bancorp Bank and the U.S. Small Business
Administration will be granted replacement liens on the Debtor's
post-petition assets, subject to the fee carveout.
In addition, the Debtor will make a monthly payment of $1,900 to
Bancorp and $2,550 to SBA, which hold secured claims of $64,096 and
$500,000, respectively.
A final hearing is set for August 12, with objections due by August
5.
The Debtor operates a restaurant at a leased location in Lawrence
Township, New Jersey. Its secured creditor, Bancorp, holds a
perfected lien on the Debtor's assets including inventory and
accounts receivable pursuant to a 2018 loan agreement.
Bancorp Bank and SBA hold first lien and second lien positions,
respectively. As of the petition date, the Debtor owed Bancorp
approximately $64,096 while it owed SBA $500,000.
Bancorp, as secured creditor is represented by:
Craig L. Steinfeld, Esq.
210 Park Avenue, 2nd Floor
Florham Park, NJ 07932
Telephone: (973) 302-9700
Facsimile: (973) 845-2546
csteinfeld@shermanatlas.com
About Meatheadz LLC
Meatheadz, LLC is a food service business located in Lawrence
Township, N.J.
Meatheadz sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D.N.J. Case No. 25-15120) on May 13, 2025. In its
petition, the Debtor reported estimated assets between $50,000 and
$100,000 and estimated liabilities between $500,000 and $1
million.
Judge Christine M. Gravelle handles the case.
Joseph Casello, Esq., at Collins, Vella & Casello is the Debtor's
legal counsel.
METADOOR RESTAURANT: Seeks Chapter 11 Bankruptcy in South Carolina
------------------------------------------------------------------
On July 15, 2025, Matadoor Restaurant Group LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of South
Carolina. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 100 and 199 creditors.
The petition states funds will be available to unsecured
creditors.
About Matadoor Restaurant Group LLC
Matadoor Restaurant Group LLC, d/b/a Del Taco, operates and manages
franchised and proprietary restaurant concepts in the United
States. The Company serves as a franchisee of Del Taco and operates
The Matador, a full-service Mexican restaurant in Greenville, South
Carolina. It functions under Red Door Brands, LLC, which oversees a
portfolio of foodservice operations including additional national
quick-service brands.
Matadoor Restaurant Group LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.S.C. Case No. 25-02698) on July 15,
2025. In its petition, the Debtor reports estimated assts and
liabilities between $1 million and $10 million.
The Debtors are represented by Christine E. Brimm, Esq. at BARTON
BRIMM, PA.
MICROTRAKS INC: Eric Terry Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 7 appointed Eric Terry as Subchapter V
trustee for MicroTraks, Inc.
Mr. Terry will charge $450 per hour for his services as Subchapter
V trustee and $50 per hour for his support staff working under his
direct supervision. The Subchapter V trustee will seek
reimbursement for work-related expenses incurred.
Mr. Terry declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Eric Terry
3511 Broadway
San Antonio, TX 78209
Phone: (210)468-8274
Email: eric@ericterrylaw.com
About MicroTraks Inc.
MicroTraks, Inc.'s creditor Tatanka, LLC filed an involuntary
petition under Chapter 7 against the company (Bankr. W.D. Texas
Case No. 25-50763) on April 7, 2025. The petitioning creditor is
represented by its attorney, David S. Gragg, Esq.
On June 25, 2025, the court ordered the conversion of the Chapter 7
case to a proceeding under Chapter 11, Subchapter V of the
Bankruptcy Code and the consolidation of the converted case with
the Subchapter V case (Bankr. W.D. Texas Case No. 25-10855) filed
by MicroTraks on June 2, 2025.
Judge Michael M. Parker presides over the case.
MicroTraks is represented by William B. Kingman, Esq., at the Law
Offices of William B. Kingman, PC.
MID-COLORADO INVESTMENT: Hires Overturf Mcgath as Special Counsel
-----------------------------------------------------------------
Mid-Colorado Investment Company, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Colorado to employ Overturf
Mcgath & Hull, P.C. as special counsel.
The Debtor needs the firm's legal assistance in connection with a
case (Case No. 2022PR30059) filed in the Teller County District
Court, State of Colorado, captioned as Mid-Colorado Investment Co.,
Inc. v. Martha Hagedorn.
The firm will be paid at these rates:
Scott Neckers $225 per hour
Sarah Thomas $195 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Scott Neckers, a partner at Overturf Mcgath & Hull, P.C., disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Scott Neckers, Esq.
Overturf Mcgath & Hull, P.C.
625 East 16th Avenue
Denver, CO 80203
Tel: (303) 860-2848
About Mid-Colorado Investment Company, Inc.
Mid-Colorado Investment Company provides bulk water services to a
community in El Paso County and operates a small cattle ranch.
Mid-Colorado Investment Company filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Colo. Case No.
25-11742) on March 31, 2025, listing up to $10 million in assets
and up to $50,000 in liabilities. Charles A. Hagedorn, president
and treasurer of Mid-Colorado Investment Company, signed the
petition.
Judge Joseph G. Rosania, Jr. oversees the case.
The Debtor tapped Daniel J. Garfield, Esq., at Fairfield and Woods,
PC as bankruptcy counsel and Hackstaff Snow Atkinson & Griess, LLC
as special counsel.
MILESTONE LLC: Seeks Chapter 11 Bankruptcy in Illinois
------------------------------------------------------
On July 16, 2025, Milestone LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Northern District of Illinois.
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 Milestone LLC
Milestone LLC is a single asset real estate company based in
Chicago, Illinois.
Milestone LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 25-10757) on July 16, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $100,000 and $500,000.
Honorable Bankruptcy Judge Donald R. Cassling handles the case.
MILLERKNOLL INC: Moody's Rates New $550MM 1st Lien Term Loan 'Ba2'
------------------------------------------------------------------
Moody's Ratings assigned a Ba2 rating to MillerKnoll, Inc.'s
proposed $550 million senior secured first lien term loan B due
2032. MillerKnoll's other ratings are unchanged including the
company's Ba2 Corporate Family Rating, Ba2-PD Probability of
Default Rating, and the Ba2 rating on the company's existing $725
million first lien revolver due 2030 and $400 million original
principal amount first lien term loan A due 2030. The outlook is
negative and the company's speculative grade liquidity rating (SGL)
remains SGL-2. Moody's expects to withdraw the Ba2 rating on the
company's existing first lien term loan B due 2028 upon closing of
the refinancing transaction and the repayment of this debt
obligation.
MillerKnoll plans to use the proceeds from the proposed $550
million first lien term loan B due 2032 along with revolver
borrowings to refinance its existing first lien term loan B due
2028, which had $603 million principal outstanding as of May 31,
2025.
The proposed refinancing transaction is leverage neutral and
extends the company's debt maturity profile with no meaningful debt
maturity until 2030, other than the 1% annual term loan
amortization. The company's debt/EBITDA leverage is high at around
4.3x as of fiscal ending May 31, 2025 (incorporating Moody's
adjustments) and a combination of debt reduction and earnings
growth will likely be necessary to reduce leverage to below 4x over
the next year.
RATINGS RATIONALE
MillerKnoll's Ba2 CFR broadly reflects its strong market position
in the office furniture sector and good liquidity. The company
benefits from strong office furniture brands synonymous with modern
design and innovation. The company also has strong end market
diversification and good geographic reach throughout the Americas,
Europe, and Asia. Offices will remain an important contributor to
workplace culture and collaboration. However, the secular shifts
toward higher remote work and less office space demand accentuated
by the pandemic are key rating factors because they create
significant uncertainty regarding the level of recurring demand for
office furniture. The company is investing to expand its retail
store network and build upon its manufacturing capabilities to grow
the consumer business, which strategy will consume cash and could
lead to acquisitions. MillerKnoll operates in highly competitive
end markets with design driven demand and reliance on independent
contract channels that fosters high competitive risks and results
in a low operating profit margin. MillerKnoll's earnings and cash
flow are susceptible to economic downturns, variability in raw
material prices and increasing labor costs. The company's good
liquidity provides some flexibility to navigate the economic and
demand challenges and is supported by its $194 million cash
balance, $382 million of availability on its revolver as of May 31,
2025, and Moody's expectations of positive free cash flow of at
least $50 million over the next 12 months. MillerKnoll has shifted
its focus to reducing debt and leverage while de-emphasizing share
repurchases. The company indicated on its fourth quarter 2025
earnings call that it would like to reduce its net debt to EBITDA
leverage that was around 2.9x (based on the company's calculation)
as of fiscal year ending May 31, 2025.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The negative outlook reflects MillerKnoll's high financial leverage
and Moody's views that elevated business risks and economic
challenges could keep leverage elevated over the next year despite
the company's focus on reducing debt. This is based on Moody's
views that the office space market will remain challenging, and due
to the company's exposure to cyclical downturns and tariffs.
The ratings could be upgraded if there is stability and sustained
growth visibility in the office market sector and MillerKnoll
successfully navigates through the secular changes. The company
would also need to improve its operating performance including
generating a meaningfully higher operating profit margin along with
strong and consistent free cash flow, and maintain a conservative
financial strategy with debt/EBITDA sustained below 3.25x.
The ratings could be downgraded if the company is unable to grow
earnings due to soft office furniture market demand, pricing
pressure, or cost increase, or debt/EBITDA is sustained above 4.0x.
The ratings could also be downgraded if liquidity deteriorates for
any reason, including modest free cash flow or higher reliance on
revolver borrowings, or the company distributes meaningful cash to
shareholders or pursues debt-financed acquisitions.
MillerKnoll, Inc. designs, manufactures and distributes seating
products, office furniture systems, other freestanding furniture
elements, textiles, home furnishings and related services used in
office, healthcare, educational and residential settings. The
company sells its products through independent contract office
furniture dealers, owned retail studios and e-commerce platforms,
direct mail catalogs, independent retailers, and an owned contract
office furniture dealership. The company is a combination of Herman
Miller, Inc., established in 1905, and the July 2021 acquisition of
Knoll, Inc., established in 1938. MillerKnoll is publicly traded
(Nasdaq: MLKN) and has presence in over 100 countries. The company
reported around $3.7 billion in revenue for the fiscal year ending
May 31, 2025.
The principal methodology used in this rating was Consumer Durables
published in September 2021.
MILLERKNOLL INC: S&P Rates Proposed Term Loan B 'BB+'
-----------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '2'
recovery rating to MillerKnoll Inc.'s (BB/Negative/--) proposed
$550 million senior secured term loan B facility due 2032. The '2'
recovery rating indicates our expectation for substantial recovery
(70%-90%; rounded estimate: 70%) in the event of a payment default.
MillerKnoll will use the proposed term loan B proceeds along with
drawings on the $725 million revolving credit facility to refinance
its existing term loan B facility ($603 million outstanding as of
May 31, 2025) due 2028. The proposed term loan B has substantially
the same terms as the existing term loan B, the rating on which S&P
expects to withdraw following repayment.
In conjunction with the refinancing transaction, MillerKnoll
intends to close on a $90 million accounts receivable
securitization facility to refinance a portion of the revolver
borrowings. S&P said, "Consequently, we revised our rounded
recovery estimate on the existing bank credit facilities ($725
million senior secured revolving credit facility and $400 million
term loan A) to 70% from 75%, reflecting new priority debt in our
assumed recovery waterfall, which reduces the collateral available
to the existing secured lenders in a simulated default scenario."
All other ratings, including the 'BB' issuer credit rating on
MillerKnoll, are unchanged. The rating outlook is negative,
reflecting the potential for a lower rating within the next 12
months if S&P believes the company's operating performance will
deteriorate, resulting in S&P Global Ratings-adjusted debt to
EBITDA sustained above 4x.
Issue Ratings - Recovery Analysis
Key analytical factors
The debt structure will consist of:
-- $725 million revolver ($384 million outstanding) maturing in
April 2030, including a $200 million multicurrency sublimit;
-- $400 million term loan A maturing in April 2030;
-- The proposed $550 million term loan B maturing in July 2032;
and
-- A $90 million committed accounts receivable securitization
facility due in 2028 (not rated) secured by eligible accounts
receivable. S&P views this as the company's highest priority
obligation.
MillerKnoll Inc. is the sole borrower under the credit facilities,
which are guaranteed jointly and severally by all existing and
newly acquired or created wholly owned domestic subsidiaries,
subject to customary limitations and exceptions. The credit
facilities are secured by a first-priority perfected lien on all
assets (tangible and intangible), including pledges by all loan
parties of their equity interests in first-tier subsidiaries
(limited to 65% of the voting capital stock in foreign
subsidiaries, subject to customary limitations and exceptions), but
excluding eligible accounts receivables guaranteed under the
securitization facility, in which we assume it will have
second-priority lien. S&P views the revolving credit facility, term
loan A, and term loan B as pari passu.
MillerKnoll Inc. is a U.S. corporation based in Zeeland, Mich. In
the event of an insolvency proceeding, S&P anticipates the company
would file for bankruptcy protection under the auspices of the U.S.
federal bankruptcy court system and would not involve any other
foreign jurisdiction.
S&P said, "We believe creditors would receive maximum recovery in a
payment default scenario if the company reorganizes instead of
liquidates. This is because of its satisfactory brand equity, good
market position, well-established distribution network, and
long-standing customer and supplier relationships. Therefore, in
evaluating recovery prospects for its debtholders, we assume the
company continues as a going concern and arrive at our emergence
enterprise value by applying a multiple to our assumed emergence
EBITDA."
Simulated default assumptions
S&P's simulated default scenario contemplates a default in 2030
caused by significantly decreased demand from corporate and
government clients that have reduced office space because more work
is done remotely; prolonged economic weakness that hurts spending
by consumers on home office products; high commodity costs; and
elevated competition. These factors cause significant EBITDA and
cash flow deterioration, triggering a payment default.
Valuation
Calculation of EBITDA at emergence:
-- Debt service: $123 million (default year interest plus
amortization)
-- Maintenance capital expenditure: $78 million
-- Default EBITDA proxy: $201 million
-- Cyclicality adjustment: $10 million (5% of default EBITDA
proxy--consumer durables)
-- Emergence EBITDA: $211 million
S&P said, "We estimate a gross emergence enterprise value of $1.27
billion, which is based on a 6x multiple on our estimate of its
emergence EBITDA. The 6x multiple is higher than we typically use
for the durables sector. This reflects the company's good brand
equity, reputation for design expertise, competitive market
position, and the improved scale of its operations following the
Knoll acquisition."
Simplified waterfall
-- Emergence EBITDA: $211 million
-- Multiple: 6x
-- Gross recovery value: $1.27 billion
-- Net recovery value for waterfall after administrative expenses
(5%): $1.2 billion
-- Obligor/nonobligor valuation split: 70%/30%
-- Estimated priority claims: $76 million
--Priority recovery range: Not rated
-- Estimated senior secured claims: $1.5 billion
-- Value available for first-lien claims (including value for
deficiency claim): $1.12 billion
--Recovery expectations: 70%-90% (rounded estimate: 70%)
NETCAPITAL INC: Issues 500K Shares for Horizon Software Agreement
-----------------------------------------------------------------
Netcapital Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that it entered into a Horizon
Software Agreement with Horizon Globex GmbH, a company incorporated
in Switzerland pursuant to which Horizon granted the Company a
royalty free, paid-up, non-exclusive, perpetual, irrevocable,
unrestricted license to use the Licensed Software with the
Company's branding and image, in the United States to provide
capital-raising and secondary trading services to its clients in
consideration for the issuance of 500,0000 shares of the Company's
common stock, par value $0.001 per share to Horizon or its
affiliate.
The Agreement may be terminated by either party upon a default in
the performance of any material obligation under the Agreement is
not cured within 30-days after receipt of such notice. In addition,
the Agreement may be terminated immediately by either party in the
event the other party files or has filed against it any petition
for relief under any bankruptcy statute or similar statute of any
jurisdiction, or an order for relief in any bankruptcy or
reorganization proceeding is entered against the other party and
such order remains undischarged for a period of 60 days; or a
receiver is appointed for the other Party; or the other party is
dissolved or liquidated, or ceases to carry on its business, or
makes an assignment for the benefit of its creditors.
The Horizon Shares will be issued pursuant to the exemption from
registration provided by Section 4(a)(2) and/or 3(a)(9) of the
Securities Act of 1933, as amended. The Company did not receive any
proceeds for the issuance of such Horizon Shares.
A full-text copy of the Agreement is available
https://tinyurl.com/bdfrv4wk
About Netcapital Inc.
Headquartered in Boston, Mass., Netcapital Inc. --
www.netcapital.com -- is a fintech company with a scalable
technology platform that allows private companies to raise capital
online and provides private equity investment opportunities to
investors. The Company's consulting group, Netcapital Advisors,
provides marketing and strategic advice and takes equity positions
in select companies. The Company's funding portal, Netcapital
Funding Portal, Inc. is registered with the U.S. Securities &
Exchange Commission (SEC) and is a member of the Financial Industry
Regulatory Authority (FINRA), a registered national securities
association.
Spokane, Washington-based Fruci & Associates II, PLLC, the
Company's auditor since 2017, issued a "going concern"
qualification in its report dated July 29, 2024, citing that the
Company has negative working capital, net operating losses, and
negative cash flows from operations. These factors, among others,
raise substantial doubt about the Company's ability to continue as
a going concern.
As of January 31, 2025, the Company had $39,900,677 in total
assets, $4,930,412 in total liabilities, and total stockholders'
equity of $34,970,265.
NEW CHESTER HOLDINGS: Seeks Subchapter V Bankruptcy in Pennsylvania
-------------------------------------------------------------------
On July 16, 2025, New Chester Holdings LP filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
Pennsylvania. 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 New Chester Holdings LP
New Chester Holdings LP is a single asset real estate partnership
based in Glen Mills, Pennsylvania.
New Chester Holdings LPsought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-12839)
on July 16, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Derek J. Baker handles the case.
NEW FORTRESS: S&P Lowers ICR to 'CCC' on Mounting Refinancing Risk
------------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on New Fortress
Energy Inc. (NFE) to 'CCC' from 'B-'.
S&P said, "We lowered our issue-level rating on NFE's senior
secured term loan B to 'CCC' from 'B' and revised our recovery
rating to '3' from '2', indicating our expectation that lenders
would receive meaningful (50%-70%; rounded estimate: 65%) recovery
in the event of default.
"We also lowered our issue-level rating on the company's senior
secured notes due 2026 and 2029 (legacy notes) to 'CCC-' from
'CCC+'. The '5' recovery rating is unchanged and indicates our
expectation for modest (10%-30%; rounded estimate: 25%) recovery in
default.
"In addition, we lowered our issue-level rating on NFE's senior
secured notes due 2029 (exchanged notes) to 'CCC-' from 'B-' and
revised our recovery rating to '5' from '4'. The '5' recovery
rating indicates our expectation for modest (10%-30%; rounded
estimate: 25%) recovery in default."
The negative outlook reflects heightened refinancing risk on the
company's notes due September 2026 and an increased possibility
that a payment default or distressed exchange may occur within the
next 12 months.
S&P believes NFE ability to achieve sufficient EBITDA to address
upcoming debt maturities is more uncertain, which increases the
possibility that the company restructures its debt, which is
trading at distressed levels.
S&P said, "NFE's underperformance and ability to address upcoming
debt maturities drove our rating action. NFE's underperformance in
the first quarter of 2025 led us to reassess our base-case
estimates, as well as the company's ability to adequately address
capital requirements, other obligations, and upcoming debt
maturities. After reviewing the recently filed 10-Q for the period
ended March 31, 2025, we estimate its EBITDA for the trailing 12
months ended March 31, 2025 is about $750 million. We await the
final details regarding the natural gas supply contracts in Puerto
Rico, which management expects to be resolved in the near term. We
expect this contract will provide a stable base of cash flow and
most of the EBITDA for 2025.
"That said, we believe achieving $750 million of EBITDA will
require excess cargo sales and other spot sales of liquefied
natural gas (LNG), which could be more challenging. In addition,
NFE's two main assets in Brazil, the CELBA and Portocem power
plants, will not provide significant contracted cash flow until
2026. This updated EBITDA forecast is well below our previous
estimate of $900-$945 million and will likely be insufficient to
meet interest expense on the company's existing debt, further
pressure its liquidity, and limit the company's ability to allocate
capital for projects other than the plants in Brazil, which will be
met with restricted cash."
NFE currently has about $828 million of cash and equivalents as of
March 31, 2025, of which about $380 million is restricted for the
Brazil power projects. While the remaining cash of $448 million
could provide NFE with the ability to fund working capital
requirements and pay interest on its debt, it is likely
unsustainable for more than a few quarters absent a significant
improvement in revenue and EBITDA. S&P believes the company could
consider a debt restructuring or debt exchange given that the debt
is trading at distressed levels.
The 6.5% senior secured note due Sept. 30, 2026, has about $510
million outstanding and includes a springing maturity on July 1,
2026, as follows: if any amount of the 2026 notes are outstanding
as of this date, the outstanding balance under the revolver ($750
million as of March 31, 2025) and senior secured term loans (about
$1.5 billion) come due; if more than $100 million of the 2026 notes
remain outstanding as of the same date, the outstanding principal
balance of $2.7 billion on the new 2029 notes comes due. S&P thinks
this also incentivizes NFE to restructure its debt in the next few
quarters.
The negative outlook reflects heightened refinancing risk on the
company's notes due September 2026 and an increased possibility
that a payment default or distressed exchange may occur within the
next 12 months.
S&P said, "We could lower our rating on NFE if the company is
unable to refinance the 2026 notes when they become current, or its
liquidity deteriorates such that a debt restructuring or distressed
exchange appears inevitable.
"We could raise our rating if NFE is successful in refinancing its
upcoming debt maturities and improves its liquidity position such
that we believe the company's capital structure is sustainable."
NORTH WHITEVILLE: Hires Streeter Tax Consultants as Accountant
--------------------------------------------------------------
North Whiteville Urgent Care & Family Practice, PA seeks approval
from the U.S. Bankruptcy Court for the Eastern District of North
Carolina to employ Streeter Tax Consultants as accountant.
The firm will provide these services:
a. assist in the preparation of monthly operating reports;
b. prepare tax returns;
c. analyze financial transactions;
d. assist in preparing any necessary financial schedules for a
plan of reorganization;
e. perform such other accounting services as may be necessary
in connection with this Chapter 11 case.
The firm will be paid at these rates:
CEO/Owner $350
Associate $200
Paraprofessional $125
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Annette Streeter, a partner at Streeter Tax Consultants, 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:
Annette Streeter
Streeter Tax Consultants
17130 Van Buren Blvd., #86
Riverside, CA 92504
Tel: (951) 776-4440
About North Whiteville Urgent Care
& Family Practice
North Whiteville Urgent Care & Family Practice, PA sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case
No. 25-02217) on June 12, 2025, listing under $1 million in both
assets and liabilities.
Honorable Bankruptcy Judge David M. Warren handles the case.
The Debtor is represented by Christian B. Felden, Esq., at Felden &
Felden, PA.
NORTHERN LIBERTIES: Unsecureds to Get 100 Cents on Dollar in Plan
-----------------------------------------------------------------
Northern Liberties Early Childhood LLC d/b/a Liberty Learning
Center II filed with the U.S. Bankruptcy Court for the Eastern
District of Pennsylvania a Plan of Reorganization for Small
Business dated June 25, 2025.
The Debtor is a limited liability company whose sole owner/member
is Katharine McGlade. Since 2021, the Debtor has been in the
business of child daycare, and is duly registered with the
Commonwealth Department of Health Services.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $2,578.89 per month. The
final Plan payment is expected to be paid on the effective date in
that all creditors and administrative expenses are able to be paid,
except for the partially disputed claim with landlord.
Class 3 consists of all non-priority unsecured claims. There are
three non-priority unsecured creditors. They will be paid 100 cents
on the dollar of their allowed, determined, liquidated claims.
Specifically, Cintas, a supplier of office business goods, has not
filed as of the presentation of this Plan any Proof of Claim, but
is owed $2,054.41 according to the Debtor's schedules and will be
paid $2,054.41.
EN OD Capital Inc has filed a Proof of Claim for $30,000 and will
be paid $30,000.00.
Lastly, 512 E. Girard Ave. LP, the landlord, has filed a Proof of
Claim in the amount of $47,492.77. The Debtor objects to the amount
of late charge fees assessed by the landlord as being based on a
misinterpretation or misapplication of the existing lease
provisions regarding late charges. There is no objection to the
rent number.
It is the Debtor's position that landlord is properly owed
$42,974.95 and proposes to pay Landlord that amount under the Plan.
However, the Debtor will pay the landlord's Proof of Claim amount
if that is determined by the Court, or what amount may otherwise be
resolved between the parties.
This Plan will be implemented by the infusion of a lump-sum amount
of $100,000.00 into the Debtor. It is anticipated that this amount
will suffice to pay off the approved claims of all creditors,
including the presently unliquidated claim of the City of
Philadelphia, as well as all administrative, trustee and attorney
costs. If additional funds are needed, they will be paid out of
future income, or additional contributions by the investor of the
present owner, Katharine McGlade.
A full-text copy of the Plan of Reorganization dated June 25, 2025
is available at https://urlcurt.com/u?l=7Ypxsc from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Robert J. Dudash, Esq.
5030 State Rd.
Drexel Hill, PA 19026
About Northern Liberties Early Childhood LLC
d/b/a Liberty Learning Center II
Northern Liberties Early Childhood, LLC, is a Philadelphia-based
child day care services provider. It operates as Liberty Learning
Center II.
Northern Liberties Early Childhood filed a petition for relief
under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. E.D.
Pa. Case No. 25-11173) on March 27, 2025. In its petition, the
Debtor reported up to $50,000 in assets and between $50,000 and
$100,000 in liabilities.
Judge Derek J. Baker handles the case.
The Debtor is represented by Robert J. Dupass, Esq.
PARK-OHIO INDUSTRIES: Moody's Affirms 'B2' CFR, Outlook Stable
--------------------------------------------------------------
Moody's Ratings affirmed the ratings of Park-Ohio Industries
Incorporated, including the B2 corporate family rating, B2-PD
probability of default rating and Caa1 senior unsecured note
rating. At the same time, Moody's assigned a B3 rating to
Park-Ohio's proposed $350 million senior secured notes. The outlook
remains stable. The SGL-3 speculative grade liquidity rating
remains unchanged.
Park-Ohio intends to use the proceeds from the new senior secured
debt to refinance its existing $350 million senior unsecured notes
due in April 2027. At the same time, the company will refinance its
existing unrated $405 million asset-based lending facility expiring
in January 2027 with a new unrated $405 million asset-based lending
facility. Therefore, the refinancing transaction will not increase
total debt.
The affirmation of the CFR reflects Moody's expectations that
Park-Ohio will maintain its strong competitive position as a key
component supplier to diverse end markets and that the company will
remain prudent in its investments, including acquisitions and
capital expenditures.
RATINGS RATIONALE
Park-Ohio's B2 CFR reflects its strong competitive position as a
key component supplier across a very diverse set of end markets
with an extensive base of long-standing customers. Park-Ohio
benefits from geographic diversification with about 58% revenue
from the US. A broad portfolio of products and services with three
distinct segments mitigate demand volatility in any one area facing
weak operating conditions. Continued cost and expense management
will maintain the improved EBITA margin.
However, Park-Ohio has exposure to several cyclical end markets
such as industrial, heavy-duty truck, power sports and electrical
distribution, which exposes the company to earnings volatility. The
company has a modest scale in each of its three business segments
compared with other concentrated manufacturing companies. Park-Ohio
has a modest EBITA margin, which could limit its ability to invest
to strengthen its market positions, and moderately high financial
leverage.
Moody's expects adjusted debt-to-EBITDA to decrease to 5.0x over
the next 12-18 months, driven by improved free cash flow that can
be used for debt repayment. Moody's also expects flat organic
revenue growth over the next 12-18 months, supported by higher
prices but offset by lower volume amid the challenging economic
environment. Further, higher pricing and cost and expense control
efforts, including site consolidations and efficiency initiatives,
will contribute to maintaining EBITA margin at around 5.5% over the
next 12-18 months despite weak demand and high fixed costs.
The stable outlook reflects Moody's expectations that Park-Ohio
will see steady earnings, improved free cash flow and lower debt
leverage over the next 12-18 months.
Park-Ohio's SGL-3 speculative grade liquidity rating reflects
Moody's expectations that Park-Ohio will maintain adequate
liquidity over the next 12 months. Park-Ohio's liquidity is
supported by Moody's expectations of ample availability on the new
$405 million asset-based lending facility expiring in July 2030.
Liquidity is also underpinned by Moody's expectations for improved
free cash flow of more than $20 million over the next 12 months,
driven by solid earnings and better working capital management.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Park-Ohio is able to improve its
operating performance with steady revenue growth and an EBITA
margin sustained above 6.5%. An expectation for debt/EBITDA to
remain below 5x and maintenance of good liquidity with strong free
cash flow would also support an upgrade.
The ratings could be downgraded if Park-Ohio's revenue declines and
profitability weakens such that EBITA margin falls below 4%. A more
aggressive financial policy of debt funded acquisitions or
shareholder returns that pushes debt/EBITDA above 6x could also
result in a downgrade. Further, weaker liquidity as a result of
negative free cash flow or more reliance on the available revolver
could also prompt a downgrade of the ratings.
The principal methodology used in these ratings was Manufacturing
published in September 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Headquartered in Cleveland, Ohio, Park-Ohio Industries Incorporated
(Park-Ohio) is a publicly traded industrial supply chain logistics
and diversified manufacturing company with three primary business
segments: Supply Technologies, Assembly Components and Engineered
Products. Park-Ohio Industries Incorporated is an SEC filer and is
a direct subsidiary of Park Ohio Holdings Corp., which is the
issuer of public equity. Revenue for the twelve months ended March
31, 2025 was approximately $1.64 billion.
PARK-OHIO INDUSTRIES: S&P Rates New $350MM Sr. Secured Notes 'B-'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issue-level rating and '5'
recovery rating to Park-Ohio Industries Inc.'s proposed $350
million senior secured notes due 2030. The '5' recovery rating
indicates its expectation for modest (10%-30%; rounded estimate:
25%) recovery in the event of a default payment.
Park-Ohio intends to use the net proceeds from the proposed notes
to repay its existing $350 million senior unsecured notes and pay
related fees and expenses. S&P will withdraw its ratings on the
company's existing $350 million senior unsecured notes once they
are fully repaid.
Concurrent with the transaction, the company plans to amend its
$405 million asset-based lending (ABL) revolving credit facility to
extend the facility's maturity to 2030 and release the first-lien
claim on its U.S. machinery and equipment. The proposed senior
secured notes will benefit from a first-lien claim on the U.S.
machinery and equipment (but not other U.S. fixed or working
capital assets, which will continue to back the company's ABL
revolver). The proposed notes will also have a second lien on the
U.S. assets that back the ABL. S&P's 'B' issuer credit rating and
stable outlook on Park-Ohio are unchanged.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P said, "Pro forma for the refinancing, Park Ohio's debt
structure will comprise a $405 million revolving ABL facility, an
account receivable factoring program (which we treat as a priority
claim since it is secured by sold receivables), a modest amount of
foreign debt, and the proposed senior secured notes. We note the
secured notes only have a first-lien against machinery and
equipment and that the ABL will continue to have a first-lien on
other domestic fixed (as well as working capital) assets. Our
simulated default scenario contemplates a payment default occurring
in 2028 due to continued end-market weakness, particularly in the
automotive end market where the company derives a significant
proportion of its revenue. We anticipate that, under this scenario,
Park-Ohio will likely experience a payment default if it fully
utilizes its liquidity and its cash flow generation drops below the
level necessary to cover its estimated fixed-charge requirements."
-- S&P said, "At its emergence from bankruptcy, we assume the
company would be able to reorganize as a viable going concern.
Along with its efforts in bankruptcy to cut costs and refocus its
business operations, which lead to improvements its operating
efficiency and normalized margins, we estimate it would have
emergence EBITDA of about $74 million."
-- While S&P assumes Park-Ohio would file for bankruptcy under the
auspices of the U.S. federal bankruptcy court system, there is some
risk that its subsidiaries may also file in foreign jurisdictions,
given that it has foreign operations with foreign debt obligations.
If the company's foreign subsidiaries also file for bankruptcy in
foreign jurisdictions, this could add a layer of complexity to the
administration of the case and increase the cost of the bankruptcy,
which would likely reduce its recovery prospects.
Simulated default assumptions
-- Simulated year of default: 2028
-- EBITDA multiple: 5x
-- EBITDA at emergence: $74 million
-- Jurisdiction: U.S.
Simplified waterfall
-- Net enterprise value at default (after 5% administrative
costs): $353 million
-- Valuation split (obligors/nonobligors): 80%/20%
-- Total ABL facility claims and accounts receivables assumed
factor at default: $244 million
-- Value available to secured notes: $109 million
-- Senior secured notes claims: $375 million
--Recovery expectations: 10%-30% (rounded estimate: 25%)
Note: Debt amounts include six months of accrued and unpaid
interest at default. The recovery value for the unsecured notes
includes residual value from the collateral securing the ABL
revolving credit facility and other equipment facilities, as well
as any unencumbered value from the entities that do not secure or
guarantee Park-Ohio's other obligations. S&P assumes usage of 65%
for ABL revolvers at default.
PAULAZ ENTERPRISES: Seeks Chapter 11 Bankruptcy in Florida
----------------------------------------------------------
On July 15, 2025, Paulaz Enterprises Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Florida. According to court filing, the
Debtor reports $1,733,834 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Paulaz Enterprises Inc.
Paulaz Enterprises Inc., dba Image360 Hollywood FL, provides custom
signage, graphics, and display solutions for businesses and
organizations in Hollywood, Miami, Fort Lauderdale, and surrounding
areas. The Company offers interior signs, business signage, vehicle
wraps, and event displays, coordinating projects from design to
installation. It operates as part of a national network, ensuring
consistent quality and branding across various applications.
Paulaz Enterprises Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18061) on July 15,
2025. In its petition, the Debtor reports total assets of $303,282
and total liabilities of $1,733,834.
Honorable Bankruptcy Judge Peter D. Russin handles the case.
The Debtors are represented by Chad Van Horn, Esq. at VAN HORN LAW
GROUP, PA.
PINEY POINT: To Sell Multifamily Property to Pegasus Ablon for $85M
-------------------------------------------------------------------
Piney Point 2023, LLC, seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas, Houston Division, to sell
Property, free and clear of liens, claims, and encumbrances.
The Debtor's primary asset is a 1,094 unit multi-family property
consisting of approximately 30 acres located at 2601 Lazy Hollow
Drive, Houston, Texas 77063 which real property and the buildings
and improvements located.
The Debtor's primary secured creditor is Fannie Mae, which filed a
proof of claim in the amount of $74,566,073.62. The Debtor has been
making interest payments to Fannie Mae under the cash collateral
orders at the non-default rate of interest.
The Debtor and buyer, Pegasus Ablon Development, LLC, have signed a
Commercial Contract in which the buyer seeks to acquire the
Debtor's interest, including in all leases, in the Piney Point
apartment complex as identified in the Commercial Contract for the
purchase price of $85 million. The Pegasus is not an insider of the
Debtor and is believed to be a true-third party purchaser.
The Debtor believes that the sale is best option to generate
sufficient funds to satisfy Fannie Mae's asserts indebtedness in
full and to make a meaningful distribution to general unsecured
creditors holding allowed claims.
The Debtor represents that Pegasus negotiated the Commercial
Contract and Pegasus is purchasing the property in good faith and
has made the highest and best offer.
The Debtor seeks authority to consummate the sale as set forth in
the Commercial Contract. The sale shall be "as is, where is", with
no representations or warranties of any kind whether express or
implied.
About Piney Point 2023, LLC
Piney Point 2023, LLC is a single asset real estate company
headquartered in Spring, Texas.
Piney Point 2023 sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Case No. 25-30128) on January 7,
2025. In its petition, the Debtor reports estimated assets between
$100 million and $500 million and estimated liabilities between $50
million and $100 million.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtor is represented by:
Steven Douglas Shurn, Esq.
Hughes Watters Askanase
Total Energies Tower
1201 Louisiana, 28th Floor
Houston TX 77002
Tel: (713) 590-4200
Email: sshurn@hwa.com
PINSEEKERS DEFOREST: Hires Capital Valuation as Appraiser
---------------------------------------------------------
PinSeekers DeForest Operations LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Wisconsin to employ
Capital Valuation Group, Inc. as appraiser.
The firm will determine the fair market value of a 100% equity
interest in the Debtor as of May 31, 2025.
The Debtor will pay $11,800 for the valuation report, with $5,900
due upon entry of an order approving its retention and $5,900 due
upon completion and delivery of the valuation report. The Debtor
also seeks approval to pay the firm up to $500 for expense
reimbursements.
Jane M. Tereba, a president at Capital Valuation Group, 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:
Jane M. Tereba
Capital Valuation Group, Inc.
740 Regent Street, Suite 102
Madison, WI 53715
Tel: (608) 257-2757
About PinSeekers DeForest Operations LLC
PinSeekers DeForest Operations LLC operates a hybrid golf
entertainment facility located in DeForest, Wisconsin, just outside
of Madison. The facility's year-round offerings include Toptracer
golf suites, which are equipped with all-weather luxury suites
suitable for golfers of all skill levels. The facility also
features mini bowling, with a scaled-down version of traditional
bowling called duckpin bowling, a custom-built putting course that
caters to all levels of skill and age, and high-definition multi
sports simulators. PinSeekers provides a spacious event space for
corporate gatherings, networking events, meetings, or parties. The
venue also includes a restaurant and bar, offering a diverse menu
for casual dining.
PinSeekers DeForest Operations LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Wis. Case No. 25-10326) on
Feb. 18, 2025. In its petition, the Debtor estimated assets
between $1 million and $10 million and liabilities between $10
million and $50 million.
The Debtor is represented by Rebecca R. DeMarb, Esq. at SWANSON
SWEET LLP.
PORCELANATTO CORP: Linda Leali Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 21 appointed Linda Leali, Esq., as
Subchapter V trustee for Porcelanatto Corp.
Ms. Leali will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Leali declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Linda M. Leali
Linda M. Leali, P.A.
2525 Ponce De Leon Blvd., Suite 300
Coral Gables, FL 33134
Telephone: (305) 341-0671, ext. 1
Facsimile: (786) 294-6671
Email: leali@lealilaw.com
About Porcelanatto Corp.
Porcelanatto Corp. is a Miami-based importer and distributor of
porcelain and ceramic tiles.
Porcelanatto Corp. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-17669) on
July 3, 2025. In its petition, the Debtor reports estimated assets
up to $50,000 and estimated liabilities between $500,000 and $1
million.
Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Diego Mendez, Esq.
PROFRAC HOLDING: Adds $60M in 2029 Notes, Cuts 2025 Loan Payments
-----------------------------------------------------------------
ProFrac Holding Corp. announced the issuance of additional 2029
Senior Notes and amendments to its Alpine Term Loan. These actions
are expected to generate approximately $90 million in incremental
liquidity in 2025 and reflect ProFrac's proactive balance sheet
management amid current market headwinds and uncertainty.
* $20 million of incremental 2029 Senior Notes with an
additional $20 million committed in each of the third and fourth
quarters of 2025 for a total commitment of $60 million
* $30 million aggregate reduction in quarterly 2025
amortization payments on Alpine Term Loan
* Total Net Leverage Ratio test on Alpine term loan deferred
to the first quarter of 2027
Highlights of the Transactions and Amendments:
* ProFrac agrees to an aggregate of $60 million of additional
issuances of 2029 Senior Notes, over a series of three $20 million
offerings. The first issuance was purchased in the second quarter
of 2025 by affiliates of the Wilks family.
* Remaining two issuances will be purchased in the third and
fourth quarters of 2025, with participation from the Wilks family
affiliates and Beal Bank USA in the second issuance, and Beal Bank
USA purchasing the third issuance. The remaining two issuances are
subject to customary closing conditions.
* New notes are issued under the same indenture governing and
are part of the same series as the Company's existing 2029 Senior
Notes and carry identical terms.
Gibson, Dunn & Crutcher LLP and Brown Rudnick LLP acted as legal
counsel to ProFrac in connection with these transactions and
amendments.
Additional details on these amendments are disclosed in a Form 8-K
filed with the U.S. Securities and Exchange Commission on June 30,
2025, accessible at https://tinyurl.com/mw8nj6u2
About ProFrac Holding
ProFrac Holding Corp. is a technology-focused, vertically
integrated, innovation-driven energy services holding company
providing hydraulic fracturing, proppant production, other
completion services and other complementary products and services
including distributed power generation to leading upstream oil and
natural gas companies engaged in the exploration and production of
North American unconventional oil and natural gas resources
throughout the United States. Founded in 2016, ProFrac was built to
be the go-to service provider for E&P companies' most demanding
hydraulic fracturing needs. ProFrac Corp. operates in three
business segments: Stimulation Services, Proppant Production and
Manufacturing.
* * *
S&P Global Ratings lowered its issuer credit rating on Texas-based
hydraulic fracturing equipment and services provider ProFrac
Holding Corp. to 'CCC+' from 'B'. The outlook is negative.
PROFRAC HOLDINGS II: Moody's Cuts CFR to Caa1, Outlook Stable
-------------------------------------------------------------
Moody's Ratings downgraded ProFrac Holdings II, LLC's (ProFrac)
Corporate Family Rating to Caa1 from B2, Probability of Default
Rating to Caa1-PD from B2-PD, senior secured notes rating to Caa2
from B3, and Speculative Grade Liquidity Rating (SGL) to SGL-4 from
SGL-3. The outlook is stable.
"The downgrade of ProFrac's ratings reflect the company's weak
liquidity position amidst a deteriorating pressure pumping business
environment," said Jake Leiby, Moody's Ratings Senior Analyst.
RATINGS RATIONALE
The downgrade of ProFrac's CFR to Caa1 reflects the deterioration
of its pressure pumping business fundamentals and deterioration of
the company's liquidity profile. The company utilized its revolver
to cover its cash requirements in the first quarter of 2025 and is
likely to rely on additional revolver borrowings to cover its cash
requirements over the remainder of the year. The company's
liquidity is also negatively impacted by rising debt amortization
requirements. ProFrac recently announced that it negotiated an
agreement with lenders to reduce Alpine term loan amortization the
end of 2025, and to issue as much as $60 million of additional
secured notes due 2029 to its owners and existing lenders to help
meet the company's liquidity needs in 2025-2026.
ProFrac's Caa1 CFR also reflects the deterioration of the highly
cyclical pressure pumping business Annual well completion activity
onshore in the US has declined for two consecutive years and the
number of wells completed during the first half of 2025 was the
lowest of any year since 2021, reducing earnings of companies like
ProFrac in 2025-26.
ProFrac's SGL-4 liquidity rating indicates Moody's expectations for
it to maintain weak liquidity through 2026. As of March 31, 2025,
the company had $16 million of cash on hand and $66 million of
available borrowing capacity under its secured ABL credit facility
maturing in 2027. Moody's expects the company to rely on revolver
borrowings to meet its cash requirements including interest,
amortization, capital expenditures, and cash taxes. The company has
stated publicly that it has the ability to cut $70-100 million from
its $275 million 2025 capital budget, and Moody's expects it to do
so.
The secured notes contain one maintenance covenant limiting LTV to
75% of Orderly Liquidation Value of First Lien Collateral, tested
semi-annually, as defined under the indenture. The testing of this
covenant has been suspended until March 2026. The presence of this
maintenance covenant in the secured notes heightens ProFrac's
future covenant compliance risks given the highly volatile nature
of the pressure pumping sector and the effect that volatility may
have on equipment values. The ABL contains financial covenants
including maintenance of a fixed charge coverage ratio of at least
1.0x if availability is less than the greater of $30 million or
12.5% of the committed line cap. The $365 million Alpine term loan
requires the maintenance of net leverage of no greater than 2.0x
beginning at March 31, 2027. Moody's expects ProFrac to remain in
compliance with its covenants through 2026.
ProFrac's secured notes due 2029 are rated Caa2, one notch below
the CFR. The notes are secured by a first lien on all of ProFrac
Services assets other than the ABL collateral and a second lien on
the ABL collateral. The company's $325 million ABL revolver has a
first lien on working capital assets of ProFrac Holdings II, LLC
and a second lien on other assets. The ABL has a priority claim to
the more liquid assets and based on its size relative to the
secured notes, the notes rating is notched down from the CFR. The
ABL has a stated maturity of March 2027 but will accelerate to 91
days ahead of the stated maturity of any material indebtedness
other than the US Well Services debt and the Monarch acquisition
seller note. ProFrac has a history of carrying a meaningful amount
of ABL borrowings and utilizing its ABL to finance its acquisitive
growth strategy.
The $365 million Alpine term loan, issued by Alpine subsidiary PF
Proppant Holding, LLC has a first lien on all of Alpine's assets.
The Alpine term loan is not guaranteed by ProFrac but does benefit
from an unsecured parent guarantee from the ultimate parent ProFrac
Holding Corp.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to a downgrade of the Caa1 CFR include
negative free cash flow generation, weakening liquidity, or
transactions that Moody's would view as a distressed exchange and
default.
ProFrac's ratings could be upgraded if it improves its operating
cash flow generation and liquidity profile and takes steps to
achieve a more sustainable capital structure, while improving its
debt service coverage, including interest payments and
amortization, with EBITDA/debt service above 1.5x.
ProFrac Holdings II, LLC is a wholly owned subsidiary of ProFrac
Holding Corp. (NASDAQ: ACDC), headquartered in Willow Park, Texas,
and is a vertically integrated provider of hydraulic fracturing
services to E&P companies in the United States. ProFrac is
substantially owned by the Wilks family.
The principal methodology used in these ratings was Oilfield
Services published in January 2023.
ProFrac's Caa1 rating is two notches below the scorecard-indicated
outcome of B2. The assigned rating reflects ProFrac's weak
liquidity position and increased and increased default risk.
PROJECT PIZZA: Christopher Hayes Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Region 17 appointed Christopher Hayes as
Subchapter V trustee for Project Pizza Polk LLC.
Mr. Hayes will be paid an hourly fee of $470 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Hayes declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Christopher Hayes
23 Railroad Avenue, #1238
Danville, CA 94526
Phone: (925) 725-4323
Email: chayestrustee@gmail.com
About Project Pizza Polk
Project Pizza Polk, LLC, doing business as Fiorella Polk and
operated by Project Pizza Polk LLC, is a neighborhood Italian
restaurant offering wood-fired pizza, restaurant offering
wood-fired pizza, handmade pasta, and seasonal dishes. It operates
in Noe Valley and is part of a family of four Fiorella restaurants
serving San Francisco, including the original location in the
Richmond District.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Calif. Case No. 25-30521) on July 2,
2025, with $206,216 in assets and $1,053,818 in liabilities. Boris
Nemchenok, CEO of Manager, signed the petition.
Judge Dennis Montali presides over the case.
Matthew D. Metzger, Esq. at BELVEDERE LEGAL, PC represents the
Debtor as legal counsel.
PROVIDENT GROUP: S&P Affirms 'BB-' Rating on Housing Revenue Bond
-----------------------------------------------------------------
S&P Global Ratings affirmed its 'BB-' long-term rating on New
Jersey Economic Development Authority's series 2017A housing
revenue bonds, issued for Provident Group - Kean Properties LLC
(Provident), La.
The outlook is stable.
S&P said, "We analyzed the project's environmental, social, and
governance risk factors pertaining to its demand, management and
governance, and financial performance. We view the risks as neutral
considerations in our credit rating analysis.
"The stable outlook reflects the return to more prepandemic
occupancy and our expectation that coverage will remain at or above
1.2x. While inflationary pressures remain, we believe that the
project will continue to perform at current levels given the demand
for it. We expect that progress will be made to pay back the
university over time for the student refunds and deferred ground
lease payments.
"We could take a negative rating if occupancy for the project fell
or expenses increased substantially such that 1.2x coverage could
not be achieved. A lower rating may occur if there were any draws
on the DSRF."
A positive rating action could occur with continued maintenance of
healthy occupancy and coverage levels at or above the 1.2x covenant
and a reduction of the large payable to the university for refunds
and ground lease payments.
R.A.R.E. CORP: Court Extends Cash Collateral Access to Aug. 7
-------------------------------------------------------------
R.A.R.E. Corporation received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois to use the
cash collateral of its lenders.
The 20th interim order authorized the Debtor to use cash
collateral, which includes accounts receivable, through August 7 in
accordance with its budget.
This latest approval aligns with the terms of the court's initial
order issued on Feb. 20 last year, which remains in effect.
The next hearing is scheduled for August 6.
The lenders asserting interest in the cash collateral are
Fundamental Capital, LLC, Spartan Business Solutions, LLC, Everest
Business Funding, and The LCF Group, Inc.
Meanwhile, the U.S. Small Business Administration is a creditor of
the Debtor and may hold a lien on some or all of the Debtor's
assets.
About R.A.R.E. Corporation
R.A.R.E. Corporation sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-02127) on February
15, 2024, with up to $500,000 in assets and up to $1 million in
liabilities. R.A.R.E. President Rocky Eastland signed the
petition.
Judge David D. Cleary oversees the case.
The Debtor is represented by:
William J Factor, Esq.
William J. Factor
Tel: 312-878-6976
Email: wfactor@wfactorlaw.com
RADIATE HOLDCO: S&P Upgrades ICR to 'CCC+' Following Restructuring
------------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on U.S.-based
cable provider Radiate Holdco LLC to 'CCC+' from 'D'. In addition,
S&P raised its issue-level rating on the company's $40 million of
outstanding legacy first-lien debt to 'CCC-' from 'D' and revised
the recovery rating to '6' from '3' to reflect the legacy debt's
subordinated position following the exchange. Furthermore, S&P
raised its issue-level rating on Radiate's $49.9 million of
outstanding legacy unsecured notes to 'CCC-' from 'D'. The '6'
recovery rating is unchanged.
S&P said, "At the same time, we assigned our 'CCC+' issue-level
rating and '4' recovery rating to the company's $4.5 billion
first-lien, first-out (FLFO) term loan due 2029 and its $27 million
FLFO notes due 2029 and our 'CCC-' issue-level rating and '6'
recovery rating to its $788 million of first-lien, second-out
(FLSO) notes due 2030.
"The negative outlook reflects the potential that we will lower our
rating on Radiate if we believe a default or restructuring is
likely in the next 12 months."
Radiate completed its distressed debt restructuring, which has
improved its near-term liquidity position. However, the company's
leverage remains elevated at more than 8x.
S&P said, "The upgrade reflects our review of the company's credit
profile after its execution of a series of exchange transactions to
restructure its outstanding first-lien and unsecured debt. We view
the transactions as credit positive for Radiate because they have
improved its liquidity profile by extending its nearest maturities
to 2029 from 2025. In addition, the transaction included $400
million of new money from sponsor Stonepeak and a new $300 million
super-senior basket available to the company for future debt
raises. Still, the restructuring only reduced Radiate's debt
principal by about $192 million on the exchanged debt, causing its
leverage to remain elevated above 8x. Given its highly competitive
operating environment and challenging longer-term business
prospects, we believe the company could face difficulty in
refinancing its obligations as they come due. Nevertheless, through
these transactions, the company has gained an additional four years
to execute its turnaround plan.
"We consider Radiate's capital structure to be unsustainable. We
expect the company will be able to improve its cash generation on a
combination of modestly improving earnings, lower capital spending,
and the accrual of non-cash payment-in-kind (PIK) interest such
that its free operating cash flow (FOCF) approaches break-even
levels in 2026. However, this would include a non-cash interest
component exceeding $150 million. Therefore, we believe it will be
difficult for Radiate to generate ample cash flow to service its
debt, including its PIK interest.
"We believe it will be challenging for Radiate to expand its
residential broadband subscribership at a rate that would support a
material increase in its earnings in 2025 and beyond. We believe
that heightened competition from Comcast and Charter--which can
bundle broadband with wireless service at competitive prices--and
increasing competition from local telcos who are aggressively
building out their fiber-to-the-home services will remain a
headwind to any material expansion in the company's subscriber
volumes over the coming years. Furthermore, we believe that the
expansion of Radiate's subscriber rolls could remain pressured as
fewer copper wire-based customers convert to cable, instead opting
for cheaper fixed-wireless service; especially young, urban
renters, which we believe account for a higher percentage of its
subscriber base than at most of its peers. In 2025, we believe the
company will be able to stem its rate of residential broadband
subscriber declines to less than 1% on an improvement in its
operating performance in WideOpenWest's (WOW) markets, with the
potential for further modest improvements thereafter. Still, we
believe the company would need to increase its residential
broadband revenue by 5%-7% to expand its EBITDA and materially
deleverage.
"We believe Radiate's low earnings growth and incremental debt
could cause its leverage to remain elevated in the 8x area through
next year. We expect the company will expand its earnings by 0%-2%
through 2026 on lower customer and network support expenses and the
full realization of the benefits from the restructuring activities
it initiated in 2024, which will be partially offset by 1%-2%
declines in its video and phone services revenues, which are in
secular decline. Our base-case forecast assumes Radiate generates
FOCF deficits of $40 million-$50 million in 2025, which is an
improvement from the $132 million deficit it generated in 2024, on
improved earnings and a $50 million-$60 million reduction in its
capital spending. However, we expect the company's leverage will
remain elevated above 8x in 2025 and beyond because the accruing
PIK interest will limit its debt reduction.
"The negative outlook reflects the pressure on Radiate's operating
and financial performance due to the increasingly intense
competitive broadband environment, as well as the potential that we
will lower our ratings if we believe a default or restructuring is
likely in the next 12 months.
"We could lower our rating on Radiate if we believe it will face a
near-term liquidity shortfall or engage in a distressed exchange in
the next 12 months because its financial metrics continue to weaken
due to a continued operational underperformance.
"We could revise our outlook on Radiate to stable if it sustainably
expands its earning by the mid- to high-single digit percent area
such that its leverage declines, providing it with a material
liquidity buffer. Although unlikely over the next year, we could
raise our rating on the company if it is able to stabilize or even
reverse its operating trends such that it reduces its leverage
below 6.5x, generates positive FOCF (adjusted to include accruing
PIK interest), and we believe it has a credible forward-looking
deleveraging path that will provide it with a greater cushion to
absorb adverse business, financial, or economic conditions."
REBELLION POINT: Gets Extension to Access Cash Collateral
---------------------------------------------------------
Rebellion Point Entertainment, LLC received another extension from
the U.S. Bankruptcy Court for the Eastern District of North
Carolina, Greenville Division, to use cash collateral.
The fourth interim order penned by Judge Pamela McAfee authorized
the Debtor's use of cash collateral to pay the expenses set forth
in its 30-day budget, which shows total expenses of $70,127.
As protection for the Debtor's use of their cash collateral,
Dogwood State Bank and creditors that may hold potential secured
claims will receive a post-petition lien on the Debtor's cash and
inventory similar to their pre-bankruptcy collateral.
In addition, Dogwood State Bank will receive payment in the amount
of $3,300 beginning on August 1.
The Debtor's authority to use cash collateral will expire or
terminate upon cessation of its business or non-compliance with or
default of the terms and provisions of the third interim order.
The next hearing is scheduled for August 12.
Dogwood State Bank, as secured creditor, is represented by:
William Walt Pettit, Esq.
Hutchens Law Firm, LLP
6230 Fairview Rd, Suite 315
Charlotte, NC 28210
Tel: (704) 362-9255
walt.pettit@hutchenslawfirm.com
About Rebellion Point Entertainment
Rebellion Point Entertainment, LLC, also known as East Coast Game
Rooms, is a family-owned retailer and outfitter based in Kitty
Hawk, N.C., with over four decades of experience in both
residential and commercial entertainment spaces. It offers a wide
selection of game room products including arcade machines,
billiards, ping pong, shuffleboard, and custom furniture. It also
provides rentals, delivery, installation, and repair services for
customers in the Outer Banks and broader East Coast region.
Rebellion Point Entertainment filed Chapter 11 petition (Bankr.
E.D. N.C. Case No. 25-01352) on April 14, 2025, listing up to
$500,000 in assets and up to $10 million in liabilities. David M.
Teague, company owner, signed the petition.
Judge Pamela W. Mcafee oversees the case.
William P. Janvier, Esq., at Stevens Martin Vaughn & Tadych, PLLC,
represents the Debtor as legal counsel.
REENVISION AESTHETICS: No Supply Concerns, 2nd PCO Report Says
--------------------------------------------------------------
Tamar Terzian, the duly appointed successor patient care ombudsman,
filed with the U.S. Bankruptcy Court for the Central District of
California her second interim report regarding the quality of
patient care provided by ReEnvision Aesthetics and Medspa, PC.
In the report which covers the period May 19 to June 19, the PCO
conducted a site visit to ReEnvision's facility in Simi Valley and
met with Dr. Prince. Staffing includes Dr. Prince, a registered
nurse, a medical assistant, esthetician, two receptionists (one is
part-time) and an office assistant.
During the PCO's site visit, one patient was being treated in the
exam room and observation was limited due to privacy. The PCO
observed generally that all medication was properly labeled and
stored for staff use. The medication and products used by
ReEnvision are only accessible to staff. Overall, the medical
offices were clean and ReEnvision has more than sufficient supplies
for treatment.
The PCO noted that the medical records are uploaded on ReEnvision's
electronically medical records (EMR) using the software Dr. Chrono.
ReEnvision provided access to the PCO of the EMR where the PCO
reviewed patient records. No privacy violations noted for medical
records.
The PCO observed staff during operational hours. She finds that
ReEnvision has sufficient staff. The staff was friendly and
provided the proper treatment for patient needs. ReEnvision
provided the PCO with certifications or training for staff as
requested by the PCO.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=6ozRa3 from PacerMonitor.com.
The ombudsman may be reached at:
Tamar Terzian
601 W. 5th Street, 3rd Floor
Los Angeles, California 90071
Telephone: (213) 395-7620
Facsimile: (213) 395-7615
About ReEnvision Aesthetics and MedSpa
ReEnvision Aesthetics and Medspa, PC filed Chapter 11 bankruptcy
petition (Bankr. C.D. Calif. Case No. 25-10127) on February 1,
2025, listing up to $1 million in both assets and liabilities.
Judge Ronald A. Clifford, III oversees the case.
The Debtor is represented by The Fox Law Corporation, Inc.
RELENTLESS HOLDINGS: Seeks 30-Day Extension of Plan Filing Deadline
-------------------------------------------------------------------
Relentless Holdings Corporation, a Florida corporation, asked the
U.S. Bankruptcy Court for the Southern District of Florida to
extend its exclusivity period to file disclosure statement and plan
for additional thirty days.
The deadline for filing the disclosure and plan is June 30.
Ms. Simpson cites an illness, hospice, and death in her immediate
family as the reason. Shiva ended at sundown June 29 and counsel is
back to work.
As a result, counsel has not been able to prepare the required
forms.
Relentless Holdings Corporation is represented by:
Sherri B. Simpson, Esq.
Simpson Law Group
7800 W. Oakland Park Blvd. Suite B-102
Sunrise, FL 33351
Tel: (954) 524-4141
Fax: (954) 763-5117
About Relentless Holdings Corporation
Relentless Holdings Corporation is a Florida-based single asset
real estate company. The company owns and manages real property
located at 1011 Rhodes Villa Ave, Delray Beach, Fla., while
maintaining its principal place of business in Boca Raton.
Relentless Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13399) on March 28,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Mindy A. Mora handles the case.
The Debtor is represented by Sherri B. Simpson, Esq.
REMEMBER ME: PCO Reports No Change in Resident Care
---------------------------------------------------
Stacy Lynn Archer, the appointed patient care ombudsman, filed with
the U.S. Bankruptcy Court for the Eastern District of Tennessee her
second report regarding the quality of patient care provided by
Remember Me Senior Care, LLC.
At the time of the PCO's first visit on March 26, the Debtor had
approximately 81 employees (69 were full–time employees). As of
June 23, the Debtor had 83 total staff (62 are full-time employees;
12 are part-time employees; and nine are PRN). Therefore, staffing
levels remain similar.
As set forth in the first PCO report, Tracy Sneed and Ashley Howard
advised that almost all of the residents of Remember Me have a
diagnosis of Alzheimer's disease or dementia. Many of the patients
have mobility issues and use canes, walkers, or wheelchairs. They
advised all the residents are either in a conservatorship or under
a power of attorney.
The PCO concluded that direct contact with the residents of
Remember Me, due to the majority of the residents having a
diagnosis of dementia or Alzheimer's disease, made it impractical
to speak with the residents directly as to issues related to
bankruptcy, as such would more likely than not be upsetting or
confusing. Rather, the PCO communicated with the residents' family
members/emergency contacts and those holding the power of attorney
for the residents.
The PCO asked for any insights the family members had as to the
operations of Remember Me. Of the 10 families contacted, four
responded to the PCO. All four reported positive experiences at
Remember Me. Further, they had family members at Remember Me for
years and expressed no appreciable change in care since the filing
of the bankruptcy.
Ms. Archer does not believe that the residents of Remember Me are
at risk of harm and that the quality of care is consistent with the
care that was provided prior to the filing of the bankruptcy
petition. The PCO believes the care provided is consistent with the
care required by the regulations governing Remember Me established
by the State of Tennessee.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=ZbbeDY from PacerMonitor.com.
The ombudsman may be reached at:
Stacy Lynn Archer
Robinson, Smith & Wells, PLLC
633 Chestnut Street, Suite 700
Chattanooga, TN 37450
Office: (423) 756-5051
Fax: (423) 266-0474
About Remember Me Senior Care LLC
Remember Me Senior Care, LLC, a company in Cleveland, Tenn., offers
personalized assisted living and memory care services in a homelike
environment. The facility provides a range of services, including
help with daily activities, medication management, and specialized
care for those with Alzheimer's or other dementias.
Remember Me Senior Care sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-10451) on February
18, 2025. In its petition, the Debtor reported up to $50,000 in
assets and between $10 million and $50 million in liabilities.
Judge Nicholas W. Whittenburg oversees the case.
The Debtor is represented by Jeffrey W. Maddux, Esq., at Chambliss,
Bahner & Stophel P.C.
Stacy Lynn Archer is the patient care ombudsman appointed in the
Debtor's case.
RT ACQUISITION: Hires Keller Williams as Real Estate Agent
----------------------------------------------------------
RT Acquisition & Investments LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Tennessee to employ
Keller Williams Signature Real Estate as real estate agent.
The firm will market the Debtor's real property located at 2216
Cherokee Boulevard, Knoxville, Knox County, Tennessee 37919.
The firm will be paid at 5.5 percent of the sales price with 2
percent of the seller's Broker's fee to be optional compensation
being paid to buyers broker.
Mr. Threlkeld disclosed in a court filing that he is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Robert Threlkeld
Keller Williams Signature Real Estate
4823 Old Kingston Pike
Knoxville, TN 37919
Tel: (865) 588-9300
About RT Acquisition & Investments LLC
RT Acquisition & Investments LLC is a real estate investment firm
based in Knoxville, Tennessee. The Company focuses on acquiring and
managing properties primarily in the Knoxville area.
RT Acquisition & Investments LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-30974) on
May 20, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Suzanne H. Bauknight handles the case.
The Debtors are represented by Richard Collins, Esq. at COLLINS LAW
PLLC.
RTI HOLDING: Ex-Execs Bid to Revive Retirement Benefits Suit Denied
-------------------------------------------------------------------
Christopher Brown of Bloomberg Law reports that the former Ruby
Tuesday Inc. executives have lost their bid to revive state-law
claims against Regions Bank over retirement benefits forfeited in
the company's bankruptcy.
In a decision Thursday, July 18, 2025, the U.S. Court of Appeals
for the Sixth Circuit ruled that the Employee Retirement Income
Security Act (ERISA) exempts top executives' retirement plans from
fiduciary-duty requirements. The court said high-level managers
must rely on contractual protections rather than navigating a
patchwork of potentially conflicting state laws, according to
Bloomberg Law.
The panel also upheld a lower court's rejection of the
executives’ effort to recover lost benefits through ERISA's
equitable relief provisions, affirming the dismissal of the case,
the report states.
About RTI Holding Company
RTI Holding Company, LLC and its affiliates develop, operate, and
franchise casual dining restaurants in the United States, Guam, and
five foreign countries under the Ruby Tuesday brand. The
company-owned and operated restaurants (i.e. non-franchise) are
concentrated primarily in the Southeast, Northeast, Mid-Atlantic
and Midwest regions of the United States.
On Oct. 7, 2020, RTI Holding Company and its affiliates sought
protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del.
Lead Case No. 20-12456). At the time of the filing, the Debtors
disclosed assets of between $100 million and $500 million and
liabilities of the same range.
Judge John T. Dorsey oversees the cases.
Pachulski Stang Ziehl & Jones LLP and CR3 Partners LLC serve as the
Debtors' legal counsel and financial advisor respectively. Epiq
Corporate Restructuring LLC is the claims, noticing and
solicitation agent and administrative advisor.
On Oct. 26, 2020, the U.S. Trustee for the District of Delaware
appointed an official committee of unsecured creditors in the
chapter 11 cases. The committee tapped Kramer Levin Naftalis &
Frankel LLP and Cole Schotz P.C. as counsel and FTI Consulting,
Inc. as financial advisor.
RUNITONETIME LLC: Latham & Watkins Advises Maverick in Chapter 11
-----------------------------------------------------------------
Maverick Gaming, an operator of hotel and casino properties, has
filed for Chapter 11 protection as part of a Restructuring
contemplated by a Transaction Support Agreement reached with a
majority of its prepetition lenders and its majority shareholder in
June 2025. The Chapter 11 process will include pursuing a sale and
marketing process for some or all of its assets along with a
potential restructuring through a
Chapter 11 plan.
Latham & Watkins LLP represents Maverick Gaming in the process with
a restructuring & special situations team led by Los Angeles
partners Jeff Bjork and Helena Tseregounis, Washington, D.C.
partner Andrew Sorkin, with associates Nicholas Messana, Anthony
Joseph, Kevin Shang, Davis Klabo, Montana Licari, and Emony
Robertson.
About Maverick Gaming
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
RUNITONETIME LLC: Ropes & Porter Hedges Represent Term Lenders
--------------------------------------------------------------
In the Chapter 11 cases of RunItOneTime LLC and its affiliates, the
members of the ad hoc group of term lenders (the "Ad Hoc Group")
filed a verified statement pursuant to Rule 2019 of the Federal
Rules of Bankruptcy Procedure.
Starting in May 2025, the Ad Hoc Group retained Ropes & Gray LLP as
primary counsel to represent them in connection with their holdings
of the outstanding indebtedness of the Debtors.
In connection with the Debtors' potential filing of chapter 11
cases in the United States Bankruptcy Court for the Southern
District of Texas, the Ad Hoc Group also retained Porter Hedges LLP
(together with Ropes & Gray, "Counsel") as Texas counsel in July
2025.
The members of the Ad Hoc Group, collectively, hold, or are the
investment advisors, sub-advisors, or managers of funds or accounts
that hold approximately $249.6 million in term loans under the
Credit Agreement, dated September 3, 2021 (as amended from time to
time, the "Prepetition Credit Agreement").
Counsel does not represent the Ad Hoc Group as a "committee" (as
such term is used in the Bankruptcy Code and the Bankruptcy Rules)
and does not undertake to represent the interests of, and is not a
fiduciary for, any creditor, party in interest, or other entity in
connection with the Debtors' chapter 11 cases. No member of the Ad
Hoc Group represents or purports to represent any other person or
entity in connection with the Debtors' chapter 11 cases.
The Ad Hoc Group Members' address and the nature and amount of
disclosable economic interests held in relation to the Debtors
are:
1. HG Vora Capital Management, LLC, on behalf of funds and accounts
managed or advised by it or its affiliates
330 Madison Avenue 21st Floor
New York, NY 10017
* $68,923,107
2. PGIM, Inc., on behalf of funds or accounts managed or advised by
it
655 Broad Street
Newark, NJ 07102
* $61,205,425
3. Angelo Gordon & Co., L.P., solely on behalf of funds or accounts
managed by it or its affiliates
c/o TPG Angelo Gordon 245 Park Avenue
New York, NY 10167
* $60,745,269
* Claims under the Master Lease with certain of the Debtors
dated September 3, 2021 (as amended,
restated, or otherwise modified from time to time)
4. BlackRock Financial Management Inc., on behalf of funds and
accounts managed or advised by it or its affiliates
50 Hudson Yards
New York, NY 10001
* $25,613,376
5. Blair Funding, LLC, on behalf of funds and accounts managed or
advised by it or its affiliates
c/o FS Investments 201 Rouse Boulevard
Philadelphia, PA 19112
* $19,418,844
6. Rockford Tower Capital Management, LLC, on behalf of funds and
accounts managed or advised by it or its
affiliates
299 Park Avenue 40th Floor
New York, NY 10171
* $13,692,789
Counsel to the Ad Hoc Group:
PORTER HEDGES LLP
John F. Higgins, Esq.
M. Shane Johnson, Esq.
Megan N. Young-John, Esq.
James A. Keefe, Esq.
1000 Main St., 36th Floor
Houston, Texas 77002
Telephone: (713) 226-6000
Facsimile: (713) 266-6248
Email: jhiggins@porterhedges.com
sjohnson@porterhedges.com
myoung-john@porterhedges.com
jkeefe@porterhedges.com
-and-
ROPES & GRAY LLP
Ryan Preston Dahl, Esq.
Daniel P. Gwen, Esq.
Margaret R. Alden, Esq.
1211 Avenue of the Americas
New York, New York 10036-8704
Telephone: (212) 596-9000
Facsimile: (212) 596-9090
Email: ryan.dahl@ropesgray.com
daniel.gwen@ropesgray.com
margaret.alden@ropesgray.com
About RunItOneTime LLC
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
RUNITONETIME LLC: To Close 4 Casinos in Washington
--------------------------------------------------
MyNorthwest News reports that four Washington casinos are closing
after their parent company, Maverick Gaming, filed for Chapter 11
bankruptcy.
According to the report, the filing, made Monday in Texas, follows
a 2024 debt restructuring and will result in the closure of Dragon
Tiger Casino in Mountlake Terrace, Palace Casino in Lakewood,
Silver Dollar in Renton, and Roman Casino in Seattle.
In a statement on its website, Maverick Gaming attributed the
decision to the Washington Gaming Commission's rejection of its
centralized surveillance petition, which was intended to support
local cardrooms. "The board compared our 15-table cardrooms to
larger, high-traffic casinos," the company said. "Without
centralized and advanced surveillance systems like those in major
venues, we've struggled to compete effectively."
Maverick operates 27 properties across Colorado, Nevada, and
Washington, including 21 casinos in the latter. It cited high rent,
increasing operational costs, and a drop in foot traffic -- largely
due to tech sector layoffs -- as contributing factors to the
bankruptcy, according to report.
According to Bloomberg and The Seattle Times, the company reported
liabilities and assets between $100 million and $500 million in its
Chapter 11 petition, the report states.
About RunItOneTime LLC
RunItOneTime LLC, also known as Gaming LLC, headquartered in
Kirkland, Washington, is a regional casino and cardroom operator
across Washington State,
Nevada, and Colorado. The company operates a portfolio of 31
properties, with 1,800 slot machines, 350 table games, 1,020 hotel
rooms, and 30 restaurants. Maverick was founded in 2017 by Eric
Persson and Justin Beltram, who hold over 70% ownership in the
company.
RunItOneTime LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on July 14,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
The Debtor is represented by Latham & Watkins LLP. Bankruptcy
Co-Counsel is Timothy A. Davidson II, Esq. at Hunton Andrews Kurth
LLP. Investment Bankers are
GLC Advisors & Co., LLC and GLC Securities, LLC. Financial Advisor
is Triple P TRS, LLC and its Tax Advisor is KPMG LLP.
SANTA PAULA: Court OKs Bid Rules for 1990 Ferrari Sale
------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Northern Division, has approved Santa Paula Hay & Grain and
Ranches, the overbidding procedures in connection with the sale of
the 1990 Ferrari F40, free and clear of liens, claims, and
encumbrances.
The Debtor owns the 1990 Ferrari F40, VIN ZFFMN34A9L0086230.
The Debtor was approached by a party interested in purchasing the
Asset. Negotiations have resulted in an offer by RM Auctions Inc.
d.b.a. RM Sotheby's (Stalking Horse Bidder and/or Buyer) to
purchase the Asset for $2,555,000 with no financing contingency.
The Debtor is ordered to file a motion to approve the sale of the
Asset, the 1990 Ferrari F40, no later than July 22, 2025, and that
a hearing on such motion shall be heard on August 12, 2025, at 1:00
p.m. in Courtroom 201, 1415 State Street, Santa Barbara, CA
93101-2511.
The Debtor, through its broker, may give notice of the sale of the
Asset and/or advertise the sale of the Asset as Debtor's broker
deems fit and appropriate so long as such notice and advertisement
are consistent with the approved notices described in the Motion.
The Court also held that the Debtor may advertise the sale on the
Internet on a "by now" price of $5,000,000 subject to approval by
the Court.
About Santa Paula Hay & Grain and Ranches
Santa Paula Hay & Grain and Ranches specializes in providing a
variety of hay and grain products to meet the needs of farmers and
animal owners. The Company offers high-quality feed options for
livestock and pets.
Santa Paula Hay & Grain and Ranches sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10314) on
March 12, 2025. In its petition, the Debtor reports estimated
assets between $100 million and $500 million and between $10
million and $50 million.
Honorable Bankruptcy Judge Ronald A. Clifford III handles the
case.
The Debtor is represented by Reed Olmstead, Esq.
SCANROCK OIL: Gets Court OK to Solicit Chapter 11 Plan Votes
------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that on
Wednesday, July 16, 2025, a Texas bankruptcy judge approved
Scanrock Oil & Gas's request to solicit creditor votes on its
Chapter 11 plan, following the company's move to resolve objections
by allocating a portion of property sale proceeds to royalty
owners.
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.
SEBASTIAN TECH: Unsecureds Will Get 100% of Claims over 5 Years
---------------------------------------------------------------
Sebastian Tech Systems LLC submitted a First Amended Plan of
Reorganization dated June 25, 2025.
This First Amended Plan of Reorganization under subchapter V of
chapter 11 of the Bankruptcy Code proposes to pay creditors of the
Debtor from cash flow from operations, and/or future income.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of approximately $200,000,
resulting in a 100% distribution to unsecured creditors holding
noncontingent claims who timely filed a proof of claim.
This Plan provides for 7 classes. All Allowed Unsecured creditors
holding allowed claims will be paid in full over five years from
the effective date of the Plan with no interest. This Plan contains
a Third-Party Injunction in this Plan related to any guarantees
signed by the principal of the Debtor, Margaret Ann Sebastian.
Class 7 consists of General Unsecured Claims. This class shall be
paid consists solely of Debtor's timely filed allowed general
unsecured, non-priority, noncontingent, undisputed, non-insider,
claims in the aggregate amount of $130,204.94 at 0% Payments of
$10,000 per quarter shall begin on the either of (a) March 31,
2026, or (b) the last day of the month following nine months after
the Effective Date of this Plan and shall be made quarterly
thereafter until all payments are made.
In the event sufficient cash flows are not available for any given
due date, distributions will be made as soon as possible based on
Debtor's cash flow, but a total distribution to this class will be
paid in full at 0%. This Class is impaired.
The Debtor will continue its current business operations and
payments will be made from cash flow from operations and/or future
income.
A full-text copy of the First Amended Plan dated June 25, 2025 is
available at https://urlcurt.com/u?l=OptCnq from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Kevin P. Keech, Esq.
Keech Law Firm, PA
2011 S. Broadway St.
Little Rock, AR 72206
Tel: (501) 221-3200
Fax: (501) 221-3201
Email: kkeech@keechlawfirm.com
About Sebastian Tech Systems
Sebastian Tech Systems, LLC owns and operates an IT Service company
in Jonesboro, Ark.
Sebastian Tech Systems sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Ark. Case No. 24-13722) on Nov.
13, 2024, with up to $500,000 in assets and up to $10 million in
liabilities. Meg Sebastian, managing member, signed the petition.
Judge Phyllis M. Jones oversees the case.
Kevin P. Keech, Esq., at Keech Law Firm, PA, is the Debtor's
bankruptcy counsel.
SOUTHWEST FT WORTH: Susan Goodman Files First PCO Report
--------------------------------------------------------
Susan Goodman, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Northern District of Texas her first
report regarding the quality of patient care provided at Southwest
Ft. Worth Memory Care, LLC and Cypresswood Spring Memory Care,
LLC’s memory care assisted living facilities.
The dietary services area was staffed with two team members at the
time of PCO's site visit. The PCO interacted with the Chef, the
leader of this department. The kitchen was clean. The PCO did not
note meal similarity concerns. The posted Registered Dietician
license expired in September 2024 although continued dietician
engagement was later confirmed. The kitchen was audited in March
2025, with a new permit issued citing no concerns.
The PCO observed the personal care staff engaged with residents
throughout the site visit. Staff assistance during the midday meal
was also observed. The PCO asked to see how expired and
discontinued medications were handled. To the credit of the
unlicensed staff member in charge of medications, he promptly
responded when he saw the medication room door being opened by the
ED. This team member reported serving in the medication roll for
six years and denied any changes in medication availability.
Upon arrival for the site visit at Cypresswood facility, the PCO
observed empty delivery boxes suggesting recent receipt of
disposable supplies. Supplies were segregated by resident name. In
addition to the segregated supplies, the PCO noted sufficient
disposable gloves, laundry soap, and cleaning supplies. Other
personal protective items such as gowns and N-95 masks (perhaps
remaining from COVID provided supplies) were seen.
The PCO cited that financial strain was apparent with the delays in
addressing Life Safety tags issued earlier in 2025, consistent with
maintenance/repair challenges noted in PCO's companion Cityview
report. As PCO concluded in that report, the necessary analysis is
a financial one. While immediate resident care needs were met,
chronic issues associated with responding to Life Safety compliance
requirements creates risk.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=jYAr8l from PacerMonitor.com.
The ombudsman may be reached at:
Susan N. Goodman
PIVOT HEALTH LAW, LLC
P.O. Box 69734
Oro Valley, Arizona 85737
P: (520) 744-7061 | F: (520) 575-4075
Email: sgoodman@pivothealthaz.com
About Southwest Ft Worth Memory Care
Southwest Ft Worth Memory Care, LLC, doing business as Autumn
Leaves of Cityview, is a U.S. senior-living operator that
specializes exclusively in assisted-living and stand-alone
communities for residents with Alzheimer's disease and other forms
of dementia.
Headquartered in Grapevine, Texas, Southwest designs, owns or
manages purpose-built "Autumn Leaves" communities in Texas and
Illinois, offering 24-hour nursing, dementia-trained staff,
"Inspired Connections" life-engagement programs and on-site dining,
salon and rehab services.
Southwest sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Texas Case No. 25-41419) on April 23, 2025. In
its petition, the Debtor reported between $1 million and $10
million in assets and between $10 million and $50 million in
liabilities.
Judge Mark X. Mullin handles the case.
Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC is the
Debtor's legal counsel.
PSF II Dutch Branch, LLC, as secured lender, is represented by:
Kevin M. Lippman, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard Street, Suite 4000
Dallas, TX 75201-6659
Telephone: (214) 855-7565
Facsimile: (214) 978-5335
klippman@munsch.com
SPECIALTY CARTRIDGE: To Sell Equipment to Super Vel for $749K
-------------------------------------------------------------
Specialty Cartridge, Inc., d/b/a Atlanta Arms, seeks permission
from the U.S. Bankruptcy Court for the Northern District of
Georgia, Atlanta Division, to sell Equipment, free and clear of
liens, claims, and encumbrances.
The Debtor is engaged in the business of manufacturing ammunition
and ammunition related components such as projectiles and casings,
and contract ammunition loading services for other manufacturers.
The Debtor's assets include certain equipment identified as
follows: (i) WF 58 ICOP Transfer Press with tooling, feeders, scrap
chopper, pallet decoiler, and blueprints, (ii) LJ Core Swager
tooled to build 9mm cores for 115/124, (iii) LJ Core Swager tooled
to build 9mm cores for 115/124/147, (iv) WF510 ICOP Transfer Press
with tooling, feeders, scrap chopper, pallet decoiler, and
blueprints, (v) C210 Copper Strips, and (vi) .300" Lead Wire –
5,500 lbs.
The Debtor and the purchaser, Super Vel Ammunition, have negotiated
for the sale of the Equipment for a total purchase price of
$749,550.00, payable as follows: (i) 10% deposit, (ii) 50% prior to
training, (iii) 30% prior to shipping, and (iv) 10% upon
installation (by other parties) at Buyer's facility; provided,
however, that the sale closes within 60 days of the order granting
this Motion becoming a final order.
The Debtor seeks to sell the Equipment, free and clear of liens,
claims, and encumbrances.
The Debtor's management, after a thorough review of Debtor's
current financial condition, reasonable financial outlook, current
liquidity position, has determined that the Equipment is not
necessary for an effective restructuring.
Debtor proposes to use the proceeds as follows: Upon receipt of the
10% deposit, Debtor is authorized to retain up to $25,000.00 for
training and upgrading expenses, with the remaining balance being
remitted to Pinnacle Bank. Upon receipt of each installment payment
from Buyer thereafter, Debtor shall pay the full amount of each
such installment to Pinnacle Bank. The payments received by
Pinnacle Bank shall be applied to (i) cure any defaults owed
Pinnacle Bank under Master Lease Agreement 36766GA-11, (ii) the
Business Man Line of Credit and/or Regular Bank Line of Credit,
and/or (iii) any loans between Debtor and Pinnacle Bank as the
parties mutually agree.
About Specialty Cartridge, Inc. d/b/a Atlanta Arms
Specialty Cartridge Inc., doing business as Atlanta Arms,
manufactures precision ammunition for handguns and rifles. Based in
Covington, Georgia, the Company supplies law enforcement agencies,
military clients, and shooting sports professionals. It operates
out of a 20,000-square-foot climate-controlled facility.
Specialty Cartridge Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55193) on May 7, 2025.
In its petition, the Debtor reports total assets of $15,065,301 and
total liabilities of $8,137,719.
Judge Paul W. Bonapfel oversees the case.
The Debtor is represented by G. Frank Nason, IV, Esq., at Lamberth,
Cifelli, Ellis & Nason, PA.
Pinnacle Bank, as lender, is represented by:
Michael B. Pugh, Esq.
Thompson, O'Brien, Kappler and Nasuti, PC
2 Sun Court, Suite 400
Peachtree Corners, GA 30092
Tel: (770) 925-0111
mpugh@tokn.com
SPENCER & ASSOCIATES: Unsecureds Will Get 13.09% over 5 Years
-------------------------------------------------------------
Spencer & Associates Therapeutic Alliance, PLLC, filed with the
U.S. Bankruptcy Court for the Southern District of Texas a Plan of
Reorganization dated June 25, 2025.
The Debtor started operations in February 2019. Debtor's operations
are an outpatient mental health clinic. Debtor elected to file a
chapter 11 reorganization as the best means to resolve the current
liabilities of the company and determine the secured portions of
those creditors.
The Debtor is currently owned 100% by Regina Spencer. Ownership
interests will remain unchanged following confirmation.
The Debtor proposes to pay allowed unsecured based on the
liquidation analysis and cash available. Debtor anticipates having
enough business and cash available to fund the plan and pay the
creditors pursuant to the proposed plan. It is anticipated that
after confirmation, the Debtor will continue in business. Based
upon the projections, the Debtor believes it can service the debt
to the creditors.
The Debtor will continue operating its business. The Debtor's Plan
will break the existing claims into six classes of Claimants. These
claimants will receive cash repayments over a period of time
beginning on or after the Effective Date.
Class 5 consists of Allowed Unsecured Claims. All allowed unsecured
creditors shall receive a pro rata distribution at zero percent per
annum over the next five years according to the projections.
Creditors shall receive quarterly disbursements based on the
projection distributions of each 12-month period with the first
quarterly payment shall be due 90 days after the Effective Date.
Debtor will distribute $120,250.00 to the general allowed unsecured
creditor pool over the 5-year term of the plan, including the
under-secured claim portions.
The Debtor's General Allowed Unsecured Claimants will receive
13.09% of their allowed claims under this plan. Any potential
rejection damage claims from executory contracts that are rejected
in this Plan will be added to the Class 5 unsecured creditor pool
and will be paid on a pro-rata basis. The allowed unsecured claims
total $918,199.51. This Class is impaired.
Class 6 consists of Equity Interest Holders. The current owners
will receive no payments under the Plan; however, they will be
allowed to retain ownership in the Debtor. Class 6 Claimants are
not impaired under the Plan.
The Debtor anticipate the continued operations of the business to
fund the Plan.
A full-text copy of the Plan of Reorganization dated June 25, 2025
is available at https://urlcurt.com/u?l=F5nKqg from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Robert C. Lane, Esq.
The Lane Law Firm, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Telephone: (713) 595-8200
Facsimile: (713) 595-8201
Email: notifications@lanelaw.com
About Spencer & Associates Therapeutic Alliance
Spencer & Associates Therapeutic Alliance, PLLC, operates an
outpatient mental health clinic.
Spencer & Associates filed a Chapter 11 petition (Bankr. S.D. Tex.
Case No. 25-31668) on March 28, 2025, listing up to $500,000 in
assets and up to $10 million in liabilities. Regina Spencer, owner
of Spencer & Associates, signed the petition.
Judge Eduardo V. Rodriguez oversees the case.
Robert C Lane, Esq., at the Lane Law Firm, represents the Debtor as
bankruptcy counsel.
SPRAYTECH LLC: Matthew Brash of Newpoint Named Subchapter V Trustee
-------------------------------------------------------------------
The U.S. Trustee for Region 11 appointed Matthew Brash of Newpoint
Advisors Corporation as Subchapter V trustee for Spraytech LLC.
Mr. Brash will be paid an hourly fee of $425 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Brash declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Matthew Brash
Newpoint Advisors Corporation
655 Deerfield Road, Suite 100-311
Deerfield, IL 60015
Tel: (847) 404-7845
About Spraytech LLC
Spraytech LLC, a Gurnee, Illinois-based company, sought relief
under Subchapter V of Chapter 11 of the U.S. Bankruptcy Code
(Bankr. N.D. Ill. Case No. 25-10140) on July 1, 2025. In its
petition, the Debtor reported estimated assets up to $50,000 and
estimated liabilities $500,000 and $1 million.
Judge Jacqueline P. Cox handles the case.
The Debtor is represented by David Freydin, Esq., at Law Offices Of
David Freydin Ltd.
SSH HOLDINGS: S&P Downgrades ICR to 'B+', Outlook Stable
--------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on U.S.-based
novelty gift and Halloween retailer SSH Holdings Inc.'s (doing
business as Spencer Spirit) to 'B+' from 'BB-' and its issue-level
rating on its term loan to 'B+' from 'BB-'. S&P's '3' recovery
rating on the term loan is unchanged.
The stable outlook reflects S&P's belief that the company will
continue to operate under a conservative financial policy and
maintain a strong position in Halloween retail leading to positive
free operating cash flow (FOCF) generation and adequate liquidity.
S&P said, "The downgrade reflects our expectation for weaker
profitability and FOCF stemming from the impact tariffs will have
on margins. Spencer Spirit has significant product sourcing
exposure to China across its Spencer's and Spirit Halloween
businesses. The company has taken steps this year to mitigate the
impact, including negotiating cost concessions, converting more
vendors to use its first sale program, and selectively raising
prices. Still, while tariffs on imports from China have come down
from 145%, we believe it will be difficult for Spencer Spirit to
fully offset the higher product costs. Additionally, the abrupt
changes in trade policy have disrupted the normal cadence of
Spencer Spirit's operations. Product flow from vendors has been
somewhat delayed, which we expect will result in slightly later
Halloween store openings this year and a shorter overall selling
season. That said, we believe demand for Halloween goods will
remain resilient this year with the holiday falling on a Friday.
Although we expect some sourcing diversification in 2026, we
believe a high percentage of the company's products will continue
to be sourced from China for the foreseeable future. We forecast
tariffs will lead to an approximate 220 basis points (bps) decline
in its S&P Global Ratings-adjusted EBITDA margin this year.
"Lower earnings will result in higher leverage than our previous
expectations. We forecast revenue will be relatively flat this year
based on modest net store closures of Spencer's and a similar
number of Spirit stores when compared to last year. We expect the
company will be selective with promotions under each business and
healthy Halloween demand will persist. That said, we forecast S&P
Global Ratings-adjusted EBITDA margins declining to 16.7% this year
from 18.9% last year with adjusted EBITDA declining approximately
11%. This leads us to forecast adjusted debt to EBITDA of about
1.7x compared with 1.5x at fiscal year-end 2024 and 1.3x at fiscal
year-end 2023. The company's intra-quarter leverage profile
exhibits high volatility stemming from Spencer Spirit's use of its
asset-based lending (ABL) facility during portions of the second
and third fiscal quarters to build inventory for the Halloween
season. The company subsequently repays ABL borrowings during the
quarter in which the majority of Halloween sales are realized. As a
result of our expectations for higher leverage and lower FOCF, we
have revised our financial risk profile to significant from
intermediate. Despite positive Halloween trends, we continue to
view the company's seasonality and reliance on a single holiday,
and the establishment of over 1,500 temporary retail stores, as a
risk to financial performance. The company's high seasonality also
results in substantial volatility in quarterly earnings and cash
flow. Therefore, we continue to apply a negative one notch
comparable ratings adjustment to our rating.
"The company maintains a strong position in Halloween retail and we
expect liquidity will remain adequate. We believe consumer
enthusiasm around Halloween will remain solid, although we believe
weaker consumer spending is a risk to Spencer Spirit's performance
given the discretionary nature of its products. Spirit's model of
operating seasonal pop-up Halloween stores enables the company to
capture significant demand in the week before Halloween. This year,
due to the impact of tariffs and the company's strategic response,
we expect the peak to trough working capital cycle will be
condensed. Although we expect a heavier working capital investment
this year based on tariff impacts and its high sell through rates
last Halloween, we believe the company will generate positive
annual FOCF.
"In light of greater economic uncertainty, the company has deferred
some of its growth capital expenditure (capex) to 2026, which we
view as prudent. As a result, we revised our capex projection for
2025 down to about $50 million. However, reduced profitability and
modest working capital outflows will lead to lower FOCF generation
than we previously expected. We expect more normalized sell through
rates over the next two years will lead to working capital uses.
Our base case projects about $80 million in FOCF generation this
year, down from about $182 million last year. We forecast interest
coverage will decline to 6.3x in 2025 from 7.3x in 2024 but remain
above 6x over the next two years."
Spencer Spirit maintains a conservative financial policy and its
high cash balance, which was $346 million at the end of last year,
supports liquidity. The company typically funds its inventory
purchasing with internal cash supplemented by its ABL facility,
which expands to $350 million from $100 million during the months
of June through October to support its peak seasonal working
capital needs. It has deferred a portion of growth capex spending
this year to preserve liquidity. S&P said, "In our view, the
company has sufficient liquidity to manage its operations and
navigate tariff impacts over the next few years. We expect the
company will continue to base dividends, declared in the fourth
fiscal quarter, on performance and cash needs budgeted for the
following year. We project the company will maintain a cash balance
over $300 million at the end of this year. Spencer Spirit has no
near-term maturities, with its $350 million term loan B due June
2031."
S&P said, "The stable rating outlook on Spencer Spirit reflects our
view that performance and profitability will moderate over the next
year. We expect leverage of 1.7x with interest coverage of 6.3x. We
also forecast annual FOCF of about $80 million in fiscal 2025."
S&P could lower its rating on Spencer Spirit if:
-- It underperforms our base case, potentially due to increased
competition from big box or e-commerce players, inventory
challenges, or increased volatility in consumer behavior
surrounding Halloween celebrations, with debt to EBITDA sustained
above 3x; or
-- The company's FOCF deteriorates meaningfully relative to S&P's
base case, possibly due to performance or supply chain challenges.
S&P could raise its rating on Spencer Spirit if:
-- It expands its revenue and profitability while demonstrating a
conservative financial policy that supports adjusted leverage of
1.5x or below with substantial positive FOCF generation; or
-- It significantly expands its overall scale, including EBITDA
and cash flow generation, and meaningfully diversifies its revenue
base such that it no longer relies on any single event. Under this
scenario, S&P would likely view the business more favorably.
STEWARD HEALTH: Court Approves Chapter 11 Wind-Down Plan
--------------------------------------------------------
James Nani of Bloomberg Law reports that bankrupt hospital operator
Steward Health Care System LLC has secured court approval for a
liquidation plan that establishes a trust to pursue potentially
billions of dollars in creditor claims.
At a hearing Wednesday, July 16, 2025, in the U.S. Bankruptcy Court
for the Southern District of Texas, Judge Christopher Lopez said he
would confirm the plan, which will wind down the once-dominant
health care network.
Steward, formerly the largest privatized health-care system in the
U.S., filed for Chapter 11 protection last 2024 amid mounting
financial distress, according to Bloomberg Law.
Under the approved plan, the company's remaining legal
claims—described by Lopez as potentially worth over $2 billion
within the next year—will be transferred to a trust for the
benefit of creditors, the report states.
About Steward Health Care
Steward Health Care System, LLC, owns and operates the largest
private physician-owned for-profit healthcare network in the U.S.
Headquartered in Dallas, Texas, Steward's operations include 31
hospitals in eight states, approximately 400 facility locations,
4,500 primary and specialty care physicians, 3,600 staffed beds,
and nearly 30,000 employees. Steward Health Care provides care to
more than two million patients annually.
Steward and 166 affiliated debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90213) on May 6, 2024. Judge
Christopher M. Lopez oversees the proceeding.
The Debtors tapped Weil, Gotshal & Manges, LLP as bankruptcy
counsel; McDermott Will & Emery as special corporate and regulatory
counsel; AlixPartners, LLP as financial advisor and John Castellano
of AlixPartners as chief restructuring officer. Lazard Freres & Co.
LLC, Leerink Partners LLC, and Cain Brothers, a division of KeyBanc
Capital Markets Inc., provide investment banking services to the
Debtors. Kroll is the claims agent.
Susan N. Goodman has been appointed as patient care ombudsman in
the Debtors' Chapter 11 cases.
STEWARD HEALTH: Sues Ex-CEO for 'Greed' Causing Co.'s Collapse
--------------------------------------------------------------
James Nani of Bloomberg Law reports that bankrupt Steward Health
Care System LLC has filed a nearly $1.4 billion lawsuit against
former CEO Ralph de la Torre and other ex-insiders, accusing them
of siphoning off company assets for personal gain and driving the
once-prominent healthcare network into insolvency.
In a complaint filed Tuesday, July 15, 2025, in the U.S. Bankruptcy
Court for the Southern District of Texas, Steward alleges that de
la Torre and others engaged in self-enriching transactions in 2021
and 2022 that left the company underfunded and ultimately led to
its collapse.
"These insiders pilfered Steward’s assets for their own material
gain, while leaving the company and its hospitals perpetually
undercapitalized and insolvent," the lawsuit states. "Their
misconduct ultimately led to Steward's collapse and the filing of
these Chapter 11 cases."
Once the nation's largest privatized hospital network, Steward
filed for Chapter 11 in 2024. Its downfall sparked scrutiny from
lawmakers and calls for a criminal probe into de la Torre's
actions. On Wednesday, July 16m 2025, a Houston bankruptcy judge
approved the company's liquidation plan, according to Bloomberg
Law.
Steward seeks to recover nearly $1.4 billion from de la Torre and
various affiliated entities, including $251 million allegedly
funneled to him personally or through companies described as his
“alter egos.” The suit also seeks to void hundreds of millions
of dollars in disputed transfers.
A spokesperson for de la Torre said Wednesday he "disputes the
allegations of wrongdoing and will vigorously defend himself."
The complaint includes claims for breach of fiduciary duty,
contract interference, civil conspiracy, and aiding and abetting
fraudulent transfers. Several former board members are also accused
of helping execute the transactions at issue. According to the
lawsuit, de la Torre engineered a $111 million dividend in early
2021 while Steward was insolvent -- pocketing $81.5 million himself
and soon after purchasing a $30 million superyacht, which he
allegedly still owns. The suit also cites a $1.1 billion
acquisition of five Miami-area hospitals from Tenet Healthcare
Corp., which Steward claims was overvalued by approximately $205
million. The transaction was allegedly driven by de la Torre’s
personal ambitions rather than sound financial analysis and relied
on proceeds from a separate Utah hospital sale that was not yet
finalized. That deal later fell through due to antitrust objections
from the Federal Trade Commission, further straining the company's
finances, the report states.
In another transaction flagged by Steward, de la Torre led the 2022
sale of the company's Medicare Advantage business to CareMax Inc.
Roughly $134 million of the proceeds were allegedly diverted to
entities controlled by Steward insiders, with only about $60.5
million flowing back to the company, according to erport.
Steward was originally created in 2010 by Cerberus Capital
Management through its acquisition of Massachusetts-based Caritas
Christi Health Care. The lawsuit claims that by 2020, de la Torre
had restructured Steward to sideline Cerberus and the board,
facilitating a broader misuse of company funds, the report cites.
The company is represented by Kobre & Kim LLP.
Case: Steward Health Care System LLC et al. v. De la Torre et al.,
No. 25-03593, U.S. Bankruptcy Court, Southern District of Texas
(Filed July 15, 2025).
About Steward Health Care
Steward Health Care System, LLC, owns and operates the largest
private physician-owned for-profit healthcare network in the U.S.
Headquartered in Dallas, Texas, Steward's operations include 31
hospitals in eight states, approximately 400 facility locations,
4,500 primary and specialty care physicians, 3,600 staffed beds,
and nearly 30,000 employees. Steward Health Care provides care to
more than two million patients annually.
Steward and 166 affiliated debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90213) on May 6, 2024. Judge
Christopher M. Lopez oversees the proceeding.
The Debtors tapped Weil, Gotshal & Manges, LLP as bankruptcy
counsel; McDermott Will & Emery as special corporate and regulatory
counsel; AlixPartners, LLP as financial advisor and John Castellano
of AlixPartners as chief restructuring officer. Lazard Freres & Co.
LLC, Leerink Partners LLC, and Cain Brothers, a division of KeyBanc
Capital Markets Inc., provide investment banking services to the
Debtors. Kroll is the claims agent.
Susan N. Goodman has been appointed as patient care ombudsman in
the Debtors' Chapter 11 cases.
STONE BRIDGE: Seeks Subchapter V Bankruptcy in Pennsylvania
-----------------------------------------------------------
On July 15, 2025, Stone Bridge Brewing Company filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District of
Pennsylvania. 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 Stone Bridge Brewing Company
Stone Bridge Brewing Company, d/b/a The Craft Kitchen, The Wine
Loft on Franklin, and Stonebridge Brewing Company,
Stone Bridge Brewing Company sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No.
25-70290) on July 15, 2025. In its petition, the Debtor
reports estimated assets between $100,000 and $500,000 and
estimated liabilities between $1 million and $10 million.
The Debtors are represented by Christopher M. Frye, Esq. at STEIDL
& STEINBERG, P.C.
STORMS FAMILY: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of Storms Family Land Trust, according to court dockets.
About Storms Family Land Trust
Storms Family Land Trust is a land trust that holds a single real
estate asset located at 3325 NE 14 Court in Fort Lauderdale,
Florida. The property is valued at approximately $2.49 million.
Storms Family Land Trust sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-16373) on June 2,
2025. In its petition, the Debtor reported total assets of
$2,489,590 and total liabilities of $3,279,886.
Judge Peter D. Russin handles the case.
The Debtor is represented by Susan D. Lasky, Esq., at Susan D.
Lasky, PA.
STRATHCONA RESOURCES: S&P Upgrades ICR to 'BB-', Outlook Stable
---------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Strathcona
Resources Ltd. to 'BB-' from 'B+' and removed it from CreditWatch
with positive implications.
S&P said, "At the same time, we affirmed our 'BB-' issue-level
rating on the company's senior unsecured notes and revised the
recovery rating to '3' from '2'.
"Our stable outlook on Strathcona reflects our expectation that it
will maintain appropriate credit measures for the rating, while
growing its heavy oil production at a moderate pace and
demonstrating a moderate financial policy. We expect funds from
operations (FFO) to debt will average above 100% over the next two
years."
Strathcona, an Alberta-based oil and gas exploration and production
company, announced it closed on the sales of its Montney assets for
total proceeds of about C$2.86 billion, becoming a pure-play oil
sands producer.
S&P said, "We expect the company will primarily use divestment
proceeds to reduce debt, including the repayment of credit facility
borrowings, and anticipate sustained strong credit measures,
offsetting the company's smaller scale.
"The upgrade reflects our expectation for debt reduction and
sustained improved credit metrics, following the Montney
divestment. On July 2, 2025, Strathcona completed final sales of
its Montney assets for total proceeds of C$2.86 billion. The
divestments were completed through three separate transactions with
ARC Resources Ltd., Tourmaline Oil Corp., and an unnamed third
buyer, with proceeds consisting of about C$2.42 billion cash, C$300
million of Tourmaline common shares, and C$145 million of assumed
lease obligations. The Montney assets produced about 75,000 barrels
of oil equivalent (boe) per day in the first quarter of 2025, out
of Strathcona's total production of about 195,000 boe/d. Pro forma
for the sales, Strathcona is now a pure-play oil sands producer
with production of about 120,000 barrels of oil (bbl) per day
(anticipated full year 2025 average), including 95,000 bbl/d from
its thermal oil projects in the Cold Lake region and 25,000 bbl/d
of conventional heavy oil production in the Lloydminster region.
Despite the smaller scale, we believe the company's credit measures
will improve following the transactions given our expectation the
company will use divestment proceeds to repay debt.
"We anticipate average FFO to debt of about 100% in 2025 and 2026,
supported by lower debt. We expect Strathcona will primarily use
the cash proceeds to repay borrowings on its upsized C$3.255
billion revolving credit facility (RCF), which had about C$2.2
billion drawn as of March 31, 2025. The facility size increased to
C$3.255 billion from C$2.75 billion effective April 25, 2025, and
matures on March 28, 2028. In addition, we expect the company will
address its August 2026 notes well ahead of maturity, as the notes
become callable at par in August 2025 and would cause the credit
facility maturity date to spring to May 2026 if they are not repaid
by that date. We anticipate average FFO to debt will improve from
our prior estimates of 50%-60% in 2025 and 2026, to above 100% pro
forma for the Montney divestments, supporting the higher rating
despite the company's smaller scale.
"We apply a one notch positive comparable ratings analysis (CRA)
modifier to arrive at our 'BB-' rating. The CRA considers
Strathcona's solid credit measures, despite the cap on its
financial risk profile score due to its ownership by a financial
sponsor, and our view that its business is in line with 'BB-'-rated
peers like MEG Energy Corp. (BB-/Stable/--).
“The potential MEG Energy acquisition would bolster scale and
maintain strong credit measures. On May 30, 2025, Strathcona made a
formal takeover bid for MEG Energy. Although the board of MEG
Energy has recommended shareholders reject the bid, the offer
remains open until Sept. 15, 2025, and there has yet to be a
resolution. However, if the takeover is successful under the
current offer terms, we would view this as credit positive due to
the increased scale of operations and expectation of sustained
strong credit measures given the mostly equity financing, but do
not expect it would immediately affect our ratings. The current
offer values the total acquisition cost at about C$5.9 billion and
Strathcona would fund the transaction with about 82% equity and 18%
cash. MEG Energy is a pure-play oil sands producer with about
100,000 bbl/d of production in the Christina Lake region. The
combined company would be a pure-play oil sands producer with
current production of about 220,000 bbl/d and 1.8 billion boe of
net proved reserves as of Dec. 31, 2024. Prior to the takeover
offer, Strathcona disclosed it had acquired a more than 9% stake in
MEG Energy through open market purchases during the first half of
2025.
"The stable outlook on Strathcona reflects our expectation it will
maintain appropriate credit measures for the rating, while growing
its heavy oil production at a moderate pace, following the
divestment of its Montney assets. We expect FFO to debt will
average above 100% over the next two years."
S&P could lower its rating on Strathcona if credit measures
deteriorate such that FFO to debt fell below 30% for a sustained
period. This could occur if:
-- Commodity prices weaken below S&P's expectations and the
company does not reduce its capital spending in response; or
-- If the company pursues a more aggressive financial policy,
including large debt-funded acquisitions or shareholder
distributions, or discretionary cash flow (DCF) is consistently
negative.
S&P said, "Although its regional and product concentration limits
rating upside, we could raise our rating on Strathcona if the
company meaningfully improves its scale of operations and
diversification to be in line with that of higher rated peers. We
would also expect the company to maintain appropriate credit
measures, including FFO to debt comfortably above 45% and positive
DCF, to support a higher rating."
SUMMIT K2: Moody's Affirms 'B3' CFR, Outlook Stable
---------------------------------------------------
Moody's Ratings has affirmed the B3 corporate family rating and
B3-PD probability of default rating of Summit K2 TopCo, LP (K2).
Moody's also affirmed the B3 ratings on Summit Acquisition, Inc.'s
(Summit) senior secured first-lien revolving credit facility and
senior secured first-lien term loan. Summit announced plans to
issue a $178 million add-on to its term loan. The company will use
the net proceeds plus cash on hand to fund a shareholder
distribution and pay fees and expenses related to the transaction.
The rating outlook for K2 and Summit is stable.
RATINGS RATIONALE
K2's ratings reflect strong organic revenue growth, healthy EBITDA
margins, and expertise in managing property & casualty insurance
programs. These credit strengths are offset by K2's limited scale,
its increased debt burden and weaker coverage metrics associated
with the announced transaction. Additionally, while K2 underwrites
across numerous programs and carriers, the company is fairly
concentrated among its largest carriers and programs. K2 also faces
potential liabilities arising from errors and omissions in the
delivery of professional services.
The announced transaction is credit negative as it materially
increases K2's debt burden to fund a distribution to owners.
Moody's estimates that K2 will have a pro forma debt-to-EBITDA
ratio over 7x, (EBITDA - capex) interest coverage around 1.5x, and
free cash flow in the low-to-mid-single digits. Following the
transaction, Moody's expects K2 to reduce and maintain its
financial leverage below 7x through organic growth, increased
operating leverage and gradual debt reduction. These pro forma
metrics reflect Moody's accounting adjustments for operating leases
and certain non-recurring items.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of K2's ratings include: (i)
increased scale and diversification, (ii) debt-to-EBITDA ratio
below 5.5x, (iii) (EBITDA - capex) coverage of interest exceeding
2x, and (iv) free-cash-flow-to-debt ratio exceeding 5%.
Factors that could lead to a downgrade of K2's ratings include: (i)
revenue decline or other disruptions to existing operations, (ii)
debt-to-EBITDA ratio above 7x, (iii) (EBITDA - capex) coverage of
interest below 1.2x, or (iv) free-cash-flow-to-debt ratio below
2%.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Headquartered in San Diego, California, K2 Insurance Services is an
insurance services holding company that owns and controls a diverse
set of managing general agencies that market, underwrite and
servicing niche commercial and personal insurance products. The
group reported revenue of $526 million for the 12 months through
March 2025.
SUPERIOR PLUS: S&P Affirms 'BB-' ICR on Revised Business Risk
-------------------------------------------------------------
S&P Global Ratings affirmed its 'BB-' issuer credit rating on
Superior Plus Corp. and 'BB-' issue-level rating (with a '4'
recovery rating) on Superior's senior unsecured notes.
The stable outlook reflects S&P's view that the company's projected
cash flow generation and shift toward more moderate financial
policies should help it maintain S&P Global Ratings-adjusted
leverage of 4.1x–4.5x.
The acquisition of Certarus Ltd. has bolstered Superior Plus
Corp.'s operating scale and expanded its product mix and
geographical diversification, with S&P Global Ratings-adjusted
EBITDA expected to reach $506 million in 2026.
As such, S&P revised upward our assessment of Superior's business
risk profile to fair from weak.
S&P's improved assessment of Superior's business risk reflects its
expanded operating scale and product diversification from the
acquisition of Certarus. The company has a 40% market share in
Canada as a propane distributor, with a meaningful presence in the
highly fragmented U.S. propane market. The 2023 acquisition of
Certarus--a distributor of compressed natural gas (CNG), renewable
natural gas (RNG), and hydrogen to industrial and wellsite
customers in the U.S. and Canada, with about a 44% market
share--has bolstered Superior's operating scale. This led to S&P
Global Ratings-adjusted EBITDA growth to $445 million in 2024 from
about $270 million in 2022. Certarus is also a market leader in
over-the-road CNG, with 863 mobile storage units (MSUs) as of March
31, 2025, which is 3.5x more than the closest competitor. As a
result of the acquisition and segment growth, Superior has expanded
its product mix, providing incremental product and geographic
diversification. In addition, earnings at Certarus are less
seasonal than the propane segment and help temper Superior's
earnings sensitivity to winter weather. This is partially offset by
Certarus' implicit commodity price exposure, given about 66% of the
segment's 2024 gross profit was generated from its wellsite
customers with short-term contracts, whose activities and need for
Certaus' products are affected by significant commodity price
movements.
In addition, the company's EBITDA margin improved to 18.7% in 2024
from 14.9% in 2023, mostly due to the relatively high margin of
Certarus. S&P said, "We continue to view Certarus' growth prospects
to be positive for the next several quarters given limitations on
pipeline infrastructure and growing demand for low-carbon fuels. We
estimate Superior's margin to be in the low 20% area as a result of
growing capital investments in MSUs at Certarus and operational
efficiencies from the company's Superior Delivers initiative, which
focuses on minimizing costs by optimizing route planning. According
to management, Superior Delivers is projected to generate about $20
million in incremental EBITDA in 2025, growing to $70 million by
2027. We will incorporate these projections into our cashflow
forecast as they begin to materialize. As of the first quarter of
fiscal-year 2025, $2.3 million incremental EBITDA was generated
from Superior Delivers. As a result, we expect S&P Global
Ratings-adjusted EBITDA to grow to about $482 million in 2025,
supported by the frigid winter in 2025, which increased propane
volume sold."
S&P said, "We continue to assess Superior's financial risk profile
as aggressive after leverage remained in line with forecast.
Superior's S&P Global Ratings-adjusted leverage decreased to 4.8x
in 2024 from 5.8x in the previous year, which is in line with our
expectation. We expect S&P Global Ratings-adjusted leverage to be
4.1x-4.5x in 2025 and slightly below 4x in 2026 due to forecasted
EBITDA growth and the expectation that management will reduce debt
with excess cash flow after pausing M&A activities, which
constituted about 53% of capital deployed over the past four years.
We believe these levels reflect aggressive financial risk. The
company has repaid $62.5 million of the revolving line of credit
balance as of the first fiscal quarter of 2025 and expects to repay
about $275 million of debt through 2027. This will reduce
company-reported leverage to below 3x in 2027 from 4.1x (a key
difference with our calculation is the treatment of $260 million in
preferred shares as 100% debt under our adjustments).
"We expect the company to continue to grow through organic
projects, increasing capital spending. We expect the company to
allocate a higher percentage of its capital to capital spending
over the next two years. The company plans to grow organically by
increasing Certarus' MSU fleet, further enhancing the business'
strong market position. Also, we expect a portion of the capex to
be channeled toward continued system enhancements in the propane
segment. Accordingly, we estimate annual capital spending of $115
million-$130 million over the next three years. Still, we forecast
free operating cash flow of $220 million–$260 million over the
same period, with the expectation that a chunk will be utilized for
share repurchase and debt reduction. This is because in November
2024, the company announced its revised capital allocation policy,
opting to reduce dividends and pause acquisitions. We consider both
debt repayment and balanced growth capex spending to be credit
positive.
"The stable outlook reflects our view that the company will grow
its cash flow such that it will reduce debt with excess cash flow
and maintain leverage at 4.1x–4.5x over the next 12 months."
S&P could lower its ratings on Superior if S&P expects its leverage
will approach 5.0x. This could occur if:
-- Propane demand decreases as a result of warmer weather;
-- CNG demand decreases substantially due to lower oil prices
affecting the activities of its wellsite customers; or
-- The company's management pursues more aggressive financial
policies than forecasted, including leverage-financed acquisitions
or shareholder returns.
S&P could take a positive rating action if Superior maintains
leverage of less than 4.0x on a sustained basis. This could occur
if the company continues to reduce its debt using excess
discretionary cash flow.
SYSOREX GOVERNMENT: Cullen Denies Conflict of Interest
------------------------------------------------------
Emlyn Cameron of Law360 Bankruptcy Authority reports that Cullen
and Dykman LLP told a New York bankruptcy judge that no conflict of
interest barred Sysorex -- an insolvent government IT company --
from retaining the firm.
The law firm argued that the conduct flagged by the U.S. Trustee's
Office, which sought to disqualify it as Chapter 11 counsel, was in
fact in Sysorex's best interest, the report states.
About Sysorex Government Services Inc.
Sysorex Government Services, Inc. is a government IT solutions
provider in Herndon, Va.
Sysorex filed Chapter 11 petition (Bankr. S.D. N.Y. Case No.
25-10920) on May 5, 2025, listing up to $10 million in assets and
up to $50 million in liabilities. A. Zaman Khan, president of
Sysorex, signed the petition.
Judge John P. Mastando III oversees the case.
Ralph E. Preite, Esq., at Cullen and Dykman LLP, represents the
Debtor as legal counsel.
TAMARACK VALLEY: S&P Rates New C$200MM Senior Unsecured Notes 'B+'
------------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '2'
recovery rating to Tamarack Valley Energy Ltd.'s proposed C$200
million senior unsecured notes due 2030. The '2' recovery rating
indicates its expectation of substantial (70%-90%; capped rounded
estimate: 85%) recovery in the event of a default. The proposed
notes will rank pari passu with the company's C$300 million 7.25%
senior unsecured notes due May 10, 2027.
S&P said, "We expect Tamarack will use the proceeds from the
proposed notes to repay drawn amounts on its C$875 million
three-year revolving credit facility (RCF) and redeem about C$100
million of its existing 2027 senior unsecured notes. The RCF
currently matures April 30, 2028, and was about C$480 million (or
about 55%) drawn as of March 31, 2025. We view the transaction as
neutral for the company's credit quality. Accordingly, our 'B'
issuer credit rating and stable outlook on Tamarack are unchanged.
"Oil prices have softened materially since our last review of
Tamarack, given our expectation for slowing demand and increasing
OPEC+ supply. About 82% of Tamarack's daily average
production--which we expect to average about 66,000 barrels of oil
equivalent per day (boe/d) in 2025--is oil, with the majority being
heavy oil.
"Nevertheless, under our recently revised oil and gas price
assumptions, we forecast Tamarack will continue to generate
significant positive free operating cash flow through our 2025-2026
forecast period. The company's projected credit metrics are
supported by moderate production growth (2026 daily average
production is expected to be about 8% higher compared with 2024)
and expected deleveraging. Specifically, over our 2025-2026
forecast period, we anticipate the company will direct about C$110
million annually--or about 40% of its free cash flow--toward debt
repayment, with the remainder going to shareholder rewards.
Accordingly, we forecast Tamarack will maintain funds from
operations (FFO) to debt of about 100% and debt to EBITDA of about
0.8x for 2025-2026.
"Our expectation for increased availability under the company's RCF
following the proposed transaction also supports the company's
liquidity position and flexibility to absorb unanticipated
volatility in hydrocarbon pricing."
ISSUE RATINGS—RECOVERY ANALYSIS
Key analytical factors:
-- S&P has updated its estimated enterprise value for Tamarack to
reflect its reported year-end 2024 reserves.
-- S&P has included the company's proposed C$200 million senior
unsecured notes in its debt waterfall as pari passu to the
company's existing C$300 million senior unsecured notes due 2027.
-- S&P assumes the company uses proceeds from the proposed
transaction to redeem C$100 million of its existing notes due
2027.
-- S&P also assumes the company's C$875 million RCF is fully drawn
at default.
-- S&P assigned its 'B+' issue-level rating and '2' recovery
rating to the proposed senior unsecured notes, in line with its
current ratings on the company's 2027 senior unsecured notes.
-- The '2' recovery rating indicates S&P's expectation of
substantial (70%-90%; capped rounded estimate: 85%) recovery. The
'B+' issue-level rating is one notch higher than the issuer credit
rating, in line with its notching guidelines.
-- S&P valued the company on a going-concern basis by using a
reserve multiple approach that applies a range of distressed fixed
prices to Tamarack's proved reserves as of Dec. 31, 2024, and caps
the value of its proven undeveloped reserves at 25% of the total
estimated enterprise value.
-- In some instances, S&P adjust its base-line unit values to
reflect regional price differences.
-- S&P's default scenario contemplates a significant drop in oil
and gas prices that limits the company's ability to fund its fixed
charges and exhausts its available liquidity.
-- S&P's recovery analysis assumes that, in a hypothetical
bankruptcy scenario, Tamarack's secured creditors are fully
covered, with the remaining value available to the unsecured
noteholders.
S&P said, "Although our calculated recovery for Tamarack's senior
unsecured debt exceeds 90%, we cap our recovery ratings on the
unsecured debt of companies we rate in the 'B' category and lower
at '2' (85%) because we assume, based on empirical analysis, that
the size and ranking of the debt and nondebt claims could change
before the hypothetical default."
Simulated default assumptions:
-- Simulated year of default: 2028
Simplified waterfall:
-- Net enterprise value (after 5% administrative costs): US$1.03
billion
-- Valuation split in % (obligors/nonobligors): 100%/0%
-- Secured first-lien debt: US$710 million
--Recovery expectations: Not applicable
-- Senior unsecured debt: US$325 million
--Recovery expectations: 70%-90% (capped rounded estimate:
85%)
Note: All debt amounts include six months of prepetition interest.
TERRA STATE COLLEGE: Moody's Cuts Issuer & Rev. Bond Rating to Caa1
-------------------------------------------------------------------
Moody's Ratings has downgraded Terra State Community College's (OH)
issuer and revenue bond rating to Caa1 from B3. Concurrently,
Moody's have revised the outlook on the issuer and underlying
ratings to stable from negative. Moody's have also affirmed the
enhanced rating of Aa2. Based on internally prepared fiscal 2024
statements, the college had total outstanding debt as calculated by
Moody's of $30.6 million.
The downgrade to Caa1 from B3 is driven by the college's continued
inability to balance operations. Depleted liquidity and continued
deficit operations has resulted in an impaired ability to meet
financial obligations and cover unexpected costs. The close
financial linkage to a student housing project that is in
forbearance provides elevated exposure to liquidity risk. Financial
strategy and management credibility considerations, governance
factors under Moody's ESG framework, were drivers of the rating
action.
RATINGS RATIONALE
The downgrade of the issuer rating to Caa1 from B3 reflects Terra
State Community College's heightened financial challenges, with
minimal available pathways to affect meaningful improvement. Modest
financial reserve levels, including very thin unrestricted
liquidity, are a material constraint to financial flexibility.
Liquidity risk is heightened by TSCC's exposure to an
underperforming privatized student housing project that has close
financial and strategic linkage to the college. Leverage is
outsized due to direct debt obligations as well as a large unfunded
net pension liability.
The Caa1 revenue bond ratings incorporate the issuer rating and
general obligation characteristics of the bonds. While the bonds
are secured by a gross general revenue pledge, this provides
limited additional security due to the university's fundamental
operating difficulties.
The affirmation of the Aa2 enhanced revenue bond rating is based on
the strength of the Ohio Board of Regents Community and Ohio
Community and Technical College Credit Enhancement Program (Aa2
negative), strong coverage of debt service from interceptable
revenue, and the transaction structure.
RATING OUTLOOK
The stable outlook for the issuer and the underlying ratings
incorporates the college's important role within the community and
its consistently favorable funding from the State of Ohio (Aaa
stable) for both operations and capital renewal, which provide some
near-term cushion as the college continues to face operational and
liquidity challenges. Further credit deterioration is possible
given its small scope of operations and elevated student market
challenges contributing to ongoing deep operating deficits.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Sustained generation of above 1.5x debt service coverage
-- Significant increase in liquidity, reflected in a move to
around 50 days cash on hand
-- Substantial reduction in financial leverage
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Failure to generate positive cash flow or any further depletion
in the already thin liquidity
-- Pullback on financial support provided by the State of Ohio
-- Inability to incrementally improve occupancy at the residence
hall; ongoing financial obligation to fully cover base rent
payments and forbearance deficiencies
PROFILE
TSCC is a small community college in rural northwest Ohio, serving
a five-county service area at its campus in Fremont, Ohio.
Established in 1968 as a technical institute, TSCC now offers a
number of associate degree programs and professional certificates.
Higher demand programs include engineering, welding, HVAC,
electrical, and the transfer program.
METHODOLOGY
The principal methodology used in the issuer and underlying ratings
was Higher Education published in July 2024.
TGI FRIDAY'S: Seeks to Extend Plan Exclusivity to August 29
-----------------------------------------------------------
TGI Friday's Inc. and affiliates asked the U.S. Bankruptcy Court
for the Northern District of Texas to extend their exclusivity
periods to file a plan of reorganization and obtain acceptance
thereof to August 29 and October 28, 2025, respectively.
The Debtors explain that ample cause exists to grant the relief
requested by this Motion in these Chapter 11 Cases. The relevant
factors strongly weigh in favor of an extension of the Exclusivity
Periods include:
* The Debtors' chapter 11 cases are large and complex. As
reflected by the Court's Order Granting Chapter 11 Complex Case
Treatment, the Debtors' significant number of creditors and assets
make these cases large and complex.
* The terms of a chapter 11 plan depended on the outcome of
the sales process. The Debtors marketed, held an auction, and
obtained Court approval for sales of their assets pursuant to the
results of the auction. Thereafter, the Debtors continued to pursue
asset sales, culminating in Court approval for the sales of certain
assets to two additional parties. Yadav and Sugarloaf Sale Order.
The sale process has also led to the sale of numerous liquor
licenses, and the Debtors continue to market and pursue sales of
the remaining liquor licenses.
* The Debtors have made significant progress in negotiating in
good faith with all creditors and working towards a viable chapter
11 plan. The Debtors' time and resources have been productively
spent on (i) ensuring a smooth chapter 11 process with minimal
disruption to the Debtors' operations, preserving the Debtors'
assets to the benefit of all parties in interest; (ii)
administering value-maximining sales processes; (iii) engaging the
various stakeholders to ensure the closing of the various asset
sales; (iv) filing procedures for the sale of the Debtors'
remaining liquor licenses; (v) transitioning the Debtors'
operations to the new owners pursuant to the asset sales; and (vi)
negotiating support with the Debtors' other constituents, including
the Committee and contract counter parties.
* The Debtors are not seeking to extend exclusivity to
pressure creditors, and an extension of the exclusivity periods
will not prejudice creditors. The Debtors have not sought an
extension of exclusivity to pressure creditors or other parties in
interest. On the contrary, all creditor constituencies are
benefitted by providing the Debtors with sufficient time to
continue to negotiate the terms of a chapter 11 plan and determine
what transaction or combination of transactions will provide the
greatest value to their estates and the greatest recovery to their
creditors.
* The Debtors are paying their bills as they come due. The
Debtors have paid their undisputed postpetition debts in the
ordinary course of business or as otherwise provided by Court
order.
* Significant time has not elapsed in these chapter 11 cases.
This is the Debtors' third request for an extension of the
Exclusivity Periods and will result in a total extension of the
Exclusivity Periods of 180 days. Courts routinely grant a Debtors'
additional requests for an exclusivity extension.
Counsel to the Debtors:
Chris L. Dickerson, Esq.
Rahmon J. Brown, Esq.
ROPES & GRAY LLP
191 North Wacker Drive, 32nd Floor
Chicago, IL 60606
Tel: (312) 845-1200
Fax: (312) 845-5500
E-mail: chris.dickerson@ropesgray.com
rahmon.brown@ropesgray.com
Holland N. O'Neil, Esq.
Mark C. Moore, Esq.
Zachary C. Zahn, Esq.
FOLEY & LARDNER LLP
2021 McKinney Avenue, Suite 1600
Dallas, TX 75201
Tel: (214) 999-3000
Fax: (214) 999-4667
E-mail: honeil@foley.com
mmoore@foley.com
zzahn@foley.com
About TGI Friday's Inc.
TGI Friday's Inc., doing business as Wow Bao, operates a chain of
restaurants. The Company provides appetizers, sizzlings, seafood,
salads, sandwiches, entres, desserts, and non-alcoholic and
alcoholic beverages. Wow Bao serves customers in the United
States.
TGI Friday's Inc. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
24-80069) on Nov. 2, 2024, listing $100 million to $500 million in
both assets and liabilities.
Judge Stacey G Jernigan presides over the case.
Holland N. O'Neil, Esq., at Foley & Lardner LLP, is the Debtor's
counsel.
TIFARET DISCOUNT: Seeks to Hire Leo Fox as Bankruptcy Counsel
-------------------------------------------------------------
Tifaret Discount Inc. d/b/a Redelicious Supermarket seeks approval
from the U.S. Bankruptcy Court for the Southern District of New
York to employ Leo Fox, Esq., a New York City attorney, to handle
its Chapter 11 case.
Mr. Fox will render these services:
a. give advice to the Debtor with respect to its powers and
duties under the Bankruptcy Code;
b. prepare legal papers and appear before the bankruptcy
court;
c. appear before the judge to protect the interests of the
Debtor and represent the Debtor in all matters pending before the
Bankruptcy Judge;
d. meet with and negotiate with creditors and other parties
for a plan of reorganization, prepare the plan and disclosure
statement and attendant documents; and
e. perform all other necessary legal services.
The firm will be paid at these rates:
Partners $450 per hour
Associate $275 per hour
Paralegal $75 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Leo Fox, 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.
Mr. Fox holds office at:
Leo Fox, Esq.
630 Third Avenue - 18th Floor
New York, NY 10018
Tel: (212) 867-9595
Email: leo@leofoxlaw.com
About Tifaret Discount Inc.
d/b/a Redelicious Supermarket
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.
TODD CREEK FARMS: Section 341(a) Meeting of Creditors on August 18
------------------------------------------------------------------
On July 15, 2025, Todd Creek Farms Home Owners Association Inc.
filed Chapter 11 protection in the U.S. Bankruptcy Court for the
District of Colorado. According to court filing, the
Debtor reports between $100,000 and $500,000 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
A meeting of creditors under Section 341(a) to be held on August
18, 2025 at 10:00 AM at Telephonic Chapter 11: Phone 888-330-1716,
Access Code 8602461#.
About Todd Creek Farms Home Owners Association
Inc.
Todd Creek Farms Home Owners Association Inc. is a residential
community management organization that oversees common areas,
enforces covenants, and provides services to homeowners in the Todd
Creek Farms development.
Todd Creek Farms Home Owners Association Inc. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Col. Case No.
25-14385) on July 1, 2025. In its petition, the Debtor
reports estimated assets between $500,000 and $1 million and
estimated liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Kimberley H. Tyson handles the case.
The Debtors are represented by Jeffrey Weinman, Esq. at Allen
Vellone Wolf Helfrich & Factor P.C.
TOR WELLNESS: Case Summary & 13 Unsecured Creditors
---------------------------------------------------
Debtor: TOR Wellness LLC
a/k/a 100 Percent Chiropractic Ryan, LLC
6049 Barnes Road
Colorado Springs, CO 80922
Business Description: TOR Wellness LLC provides X-ray-based
chiropractic services with a focus on
natural, holistic wellness and long-term
corrective care. It serves patients of all
ages, offering treatments for conditions
such as chronic pain, sports injuries, and
prenatal and pediatric concerns. The
Company also offers rehabilitation support,
family wellness programs, and integrated
massage therapy.
Chapter 11 Petition Date: July 16, 2025
Court: United States Bankruptcy Court
District of Colorado
Case No.: 25-14429
Judge: Hon. Joseph G Rosania Jr.
Debtor's Counsel: Keri L. Riley, Esq.
KUTNER BRINEN DICKEY RILEY
1660 Lincoln St.
Denver, CO 80264
Tel: (303) 832-2400
Email: klr@kutnerlaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Breanna Ryan as sole owner.
A copy of the Debtor's list of 13 unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/YLFGKBI/TOR_Wellness_LLC__cobke-25-14429__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YCJ7XNY/TOR_Wellness_LLC__cobke-25-14429__0001.0.pdf?mcid=tGE4TAMA
TRIPLESHOT HOLDINGS: Kathleen DiSanto Named Subchapter V Trustee
----------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Kathleen DiSanto, Esq., at
Bush Ross, P.A., as Subchapter V trustee for Tripleshot Holdings,
LLC.
Ms. DiSanto will be paid an hourly fee of $350 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. DiSanto declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Kathleen L. DiSanto, Esq.
Bush Ross, P.A.
P.O. Box 3913
Tampa, FL 33601-3913
Phone: (813) 224-9255
Fax: (813) 223-9620
Email: disanto.trustee@bushross.com
About Tripleshot Holdings LLC
Tripleshot Holdings, LLC, doing business as Carver's Olde Iron,
imports and sells cast-iron home decor products through its online
storefront. Its offerings include doorstops, bookends, ashtrays,
candle holders, and novelty pieces in rustic, western, vintage, and
industrial styles.
Tripleshot Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04544) on July 3,
2025. In its petition, the Debtor reports total assets of $15,000
and total liabilities of $1,173,564.
Judge Roberta A. Colton handles the case.
The Debtor is represented by Samantha L Dammer, Esq., at BLEAKLEY
BAVOL DENMAN & GRACE.
TZADIK SIOUX: Files Emergency Bid to Use Cash Collateral
--------------------------------------------------------
Tzadik Sioux Falls Portfolio I, LLC and affiliates asked the U.S.
Bankruptcy Court for the Southern District of Florida, Fort
Lauderdale Division, for authority to use cash collateral.
The Debtors own and operate multi-unit residential rental
properties in South Dakota. These properties are managed by Tzadik
Properties, LLC under existing management agreements, with
day-to-day operations outsourced to the management company.
Since filing voluntary Chapter 11 petitions between April 9 and
July 7, the Debtors, which also include Garden Villas Apartments,
LLC, Tzadik Hidden Hills Apartments, LLC, TMG 2, LLC, Tzadik Rapid
City Portfolio I, LLC, Tzadik Sioux Falls I, LLC, Tzadik Sioux
Falls Portfolio III, LLC and Tzadik Taylor's Place, LLC, have
continued operating as debtors-in-possession.
The Debtors have previously received authorization through three
interim court orders to use cash collateral to fund business
operations and pay for necessary expenses. As of July 16,
approximately $200,000 in adequate protection payments have been
made to secured lenders (Fannie Mae and Merchants Bank of Indiana),
and $50,000 in professional fees have been paid using cash
collateral.
The Debtors now seek final approval to continue using their cash
collateral, which includes rental income, accounts receivable,
security deposits, and related proceeds, to maintain operations,
satisfy administrative expenses, and ensure continued management of
their rental properties.
As adequate protection for the lenders' secured interests, the
Debtors proposed to grant replacement liens on post-petition rental
income and accounts receivable, maintaining the same validity,
priority, and extent as existed pre-bankruptcy. The Debtors cited
well-established case law in support of their position, asserting
that such protections are sufficient and that continued operations
will not only prevent harm to secured creditors but may also
enhance the value of their collateral.
Further, the Debtors contended that payment of professional fees
from cash collateral is appropriate and justified, especially where
lenders are adequately protected and no evidence has been presented
of a decline in the value of collateral.
About Tzadik Sioux Falls Portfolio I LLC
Tzadik Sioux Falls Portfolio I, LLC possesses several multi-family
properties in Sioux Falls, SD.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13865) on April 9,
2025. In the petition signed by Adam Hendry, authorized
representative, the Debtor disclosed $65 million in assets and
$46.775 million in liabilities.
Judge Peter D. Russin oversees the case.
Morgan Edelboim, Esq., at Edelboim Lieberman, PLLC, is the Debtor's
legal counsel.
Fannie Mae, as secured lender, is represented by:
Alexis A. Leventhal, Esq.
Keith Aurzada, Esq.
Jay Krystinik, Esq.
Devan Dal Col, Esq.
Reed Smith, LLP
1001 Brickell Bay Drive, Suite 900
Miami, FL 33131
Phone: 786-747-0247
aleventhal@reedsmith.com
kaurzada@reedsmith.com
jkrystinik@reedsmith.com
ddalcol@reedsmith.com
Merchants Bank of Indiana, as secured lender, is represented by:
Scott N. Brown, Esq.
Bast Amron, LLP
One Southeast Third Avenue, Suite 2410
Miami, FL 33131
Telephone: 305.379.7904
sbrown@bastamron.com
UNIVISION COMMUNICATIONS: S&P Rates New $1BB Secured Notes 'B+'
---------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '3'
recovery rating to Univision Communications Inc.'s proposed $1
billion senior secured notes due 2032. The '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 60%) recovery for lenders in the event of a payment
default. The company plans to use the proceeds from these proposed
notes, along with cash on hand, to repay a portion of its existing
6.625% senior secured notes due 2027 ($1.5 billion outstanding).
S&P's 'B+' issuer credit rating and negative outlook on Univision
are unchanged because the proposed transaction will not affect its
net leverage. The negative outlook reflects the uncertainty around
the company's ability to reduce its leverage below 6.5x over the
next year. To reduce leverage, the company will likely need
streaming revenue growth to outpace linear TV revenue declines.
VARSITY BRANDS: S&P Upgrades ICR to 'B', Outlook Stable
-------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on U.S.-based
Varsity Brands Inc. (parent of BSN Sports and Varsity Spirit) to
'B' from 'B-'.
Concurrently, S&P raised its issue-level rating on the company's
senior secured term loan facility to 'B' from 'B-'. The recovery
rating remains '3', reflecting its expectation for meaningful
(50%-70%; rounded estimate: 55%) recovery in the event of a payment
default.
The stable outlook reflects S&P's expectation that Varsity will
continue to execute its growth strategy, increase revenue, maintain
S&P Global Ratings-adjusted EBITDA margin in the 15% area, sustain
leverage below 6x, and generate positive free operating cash flow
(FOCF).
S&P said, "The upgrade reflects our expectation that demand for
Varsity's businesses will remain strong, supporting continued
profit expansion and credit metric improvement. We forecast
Varsity's reported revenue will increase about 6% and adjusted
EBITDA about 12% in 2025. Demand for its BSN Sports segment is
solid as in-person sports participation has exceeded pre-pandemic
levels, along with more events and higher participation rates in
its Varsity Spirits segment. Successful investments in its digital
sales platform and supply chain capabilities (including shorter
delivery times for private-label products), which we believe have
enhanced the buying experience for its customers, further support
these trends.
"We expect Varsity will sustain adjusted EBITDA margins of about
15% in 2025 and 2026 because of a better product mix, primarily
from increased penetration of private-label apparel sales and new
licensing partnerships with large apparel companies, both of which
carry higher margins. Further, we believe the company's material
legal liability overhang of the past few years has been
substantially reduced, following the resolution of its last
remaining antitrust class action lawsuit (which alleged the company
monopolized the nationwide cheerleading competition and apparel
markets) and certain civil negligence cases related to alleged
misconduct by third parties. Consequently, we expect legal expenses
(which we do not add back to adjusted EBITDA) to be materially
lower going forward compared to recent years."
Varsity Brands should offset most tariff impact through pricing
increases and other remediation efforts. The majority of its tariff
exposure stems from imports into the U.S., primarily from East Asia
(including China) and Latin America. S&P said, "We understand the
company pulled forward inventory purchases earlier in 2025 ahead of
tariff implementation, which we expect will limit headwinds in 2025
profits. In our base-case forecast, we assume tariffs will impair
gross margin by 100-150 basis points in 2026. Given the high
unpredictability around policy implementation by the U.S.
administration and responses, our baseline forecasts carry a
significant amount of uncertainty.
"We view Varsity Brands as well-positioned to offset tariff
headwinds by increasing prices to customers, given its strong
dealer relationships, service quality, and market leadership in the
cheerleading segment. Additionally, the company is actively
exploring opportunities to streamline its supply chain (including
reducing exposure to China) to mitigate the impact on margins and
cash flow. This should allow it to maintain adjusted EBITDA margins
of about 15%.
"Our base-case forecast assumes reported FOCF of about $50 million
in 2025 and upward of $150 million in 2026. Our estimate for 2025
includes material outflows related to the legal settlements. We
expect adjusted leverage will improve to 5.7x at year-end 2025 from
6.4x at the end of 2024 and further down to about 5.5x at year-end
2026, primarily from EBITDA growth. Our forecast does not include
additional debt repayment aside from the $24 million annual
mandatory principal amortization payments. Given our expectations
for substantial FOCF and adequate sources of liquidity, which
include $57 million of balance-sheet cash and $154 million of
asset-based lending (ABL) lending availability (net of borrowing
base availability and outstanding draws) as of March 29, 2025, the
company could repay debt and accelerate deleveraging."
Varsity's business is highly seasonal and closely tied to the North
American school sports cycle. Its revenue depends significantly on
the discretionary nature of BSN's sports apparel/equipment business
and Varsity Brands' cheerleading uniforms, camps, and competitions
business. From a sales perspective, while each of these segments
experiences significant seasonality individually, their peak
periods are somewhat offsetting when viewed in aggregate. However,
the company's cash flow remains heavily weighted toward the second
half of the year. Additionally, it relies heavily on school
athletic budgets and parent booster clubs to increase its revenue.
While S&P's economists forecast U.S. real GDP will expand 1.7% in
2025, it anticipates end consumers will likely rein in spending if
purchasing power deteriorates due to an uncertain macroeconomic
environment.
Recent federal budget cuts could affect the BSN business, which
relies disproportionately on school athletic budgets for funding.
However, S&P believes the company will be partly shielded from
budget cuts as its products are primarily geared toward core sports
with high participation rates, which are less likely to face cuts
and more likely to receive booster club support.
S&P said, "The stable outlook reflects our expectation that
Varsity's adjusted leverage will steadily improve but remain above
5x in the next year. We also expect the company to continue to
increase organic revenue at a mid-single-digit percentage rate,
maintain EBITDA margin in the 15% area, maintain adequate
liquidity, and generate positive FOCF. We also assume Varsity will
mitigate most potential tariff headwinds."
S&P could lower its ratings on Varsity if adjusted leverage
increases above 7x or the company does not sustain positive FOCF,
which could occur if:
-- Operating conditions deteriorate, including reductions in
school athletic budgets;
-- It cannot effectively offset potential headwinds related to
tariffs, high inflation, or supply chain bottlenecks;
-- New litigation emerges; or
-- It adopts more aggressive financial policies, including
material debt-financed acquisitions or shareholder dividends.
Although unlikely given its financial sponsor ownership, S&P could
raise the rating if Varsity:
-- Continues positive business momentum;
-- S&P expects adjusted leverage to improve below 5x on a
sustained basis, while maintaining adequate liquidity; and
-- The sponsor clearly commits to support and maintain these
credit metrics.
VIRTUAL MEDICAL: Unsecured Creditors to Split $22K in Plan
----------------------------------------------------------
Virtual Medical Services, LLC, filed with the U.S. Bankruptcy Court
for the Northern District of Georgia a Modified Plan of
Reorganization dated June 25, 2025.
In the time since the Plan was filed, Debtor entered into a Rental
Agreement for the lease of Debtor's primary asset, real property
located at 2430 Hopehaven Way, Hoschton, GA 30548 (the
“Lease”).
This Modification is filed to reflect the Lease, along with various
other related changes.
The changes described herein do not otherwise materially or
adversely affect the rights of any parties in interest which have
not had notice and an opportunity to be heard with regard thereto.
The Plan is hereby amended to replace the first paragraph of
Section 4.1, Class 1: "Secured or Priority Tax Claim of the
Internal Revenue Service, of the Plan with the following: Class 1
consists of any Secured Claim or Priority Tax Claim against Debtor
held by the Internal Revenue Service (the "IRS") which was
assessable or due and payable prior to the Filing Date or treated
as arising prior to the Filing Date pursuant to Section 502(i) of
the Bankruptcy Code (the "Class 1 IRS Tax Claim"). On February 13,
2025, the IRS filed proof of claim number 2 asserting a claim in
the amount of $7,900.00 as a general unsecured claim. The Class 1
IRS Tax Claim and any other or further general unsecured claim of
the IRS, including without limitation for penalties or otherwise,
shall be classified and treated as a Class 6 General Unsecured
Claim."
The Plan is hereby amended to replace the third paragraph in
Section 4.4, Class 4, Secured Claim of Wilmington Savings Fund
Society, FSB, not in its individual capacity but solely as owner
trustee for Verus Securitization Trust 2023-INV1, with the
following:
* The Debtor is currently seeking post-Plan Confirmation
financing from Gauntlet Holdings Asset Management UK LTD. Debtor
shall enter into the Gauntlet Loan on or before six-months
following the Effective Date of the Plan. Debtor anticipates
utilizing the Gauntlet Loan proceeds to pay to Wilmington the
entirety of its Class 4 Arrearage. After the Class 4 Arrearage is
paid in full, Debtor shall make ongoing non-default payments to
Wilmington pursuant to the original terms of the Wilmington Loan
Documents.
* Commencing on the first month following the Confirmation
Date, Debtor will remain current on post-petition monthly payments
based on the non-default terms of the Wilmington Loan Documents,
i.e. currently $4,099.74 in principal and interest, plus $1,324.35
in monthly escrow. To the extent the monthly escrow changes,
Wilmington shall deliver written notice of the altered escrow
payment to Debtor and Debtor shall pay the same on a monthly basis,
starting on the first month following Debtor's receipt of such
notice.
* Until such time as the Gauntlet Loan has closed and is fully
funded, the Class 4 Arrearage will accrue interest at 8.125% per
annum. Unless and until paid in full by the Gauntlet Loan, Debtor
will pay the Class 4 Arrearage by payment of equal monthly payments
of $3,442.17 each commencing on the 28th day of the first month
following the Effective Date and continuing on the 28th day of each
subsequent month, with a final balloon payment on the sixtieth
anniversary of the Effective Date for the outstanding amount of the
Class 4 Arrearage, if any.
The Plan is further amended to add the following paragraph after
the second paragraph of Section 4.5, Secured Claim of Gauntlet
Holdings Asset Management UK LTD: "Gauntlet has entered into the
Term Sheet with Debtor and is contemplating issuing the Gauntlet
Loan to Debtor. In the event the Gauntlet Loan closes, the amount
of the Gauntlet Loan shall be repaid according to the terms of the
Gauntlet Loan documents."
The Plan is hereby amended to replace the projected distribution to
General Unsecured Creditors with the following: "The allowed
unsecured claims total $363,132.55. This Class will receive a
distribution of $21,941.40 of their allowed claims."
The Plan is additionally amended to replace Section 7.2.1 of the
Plan with the following: "The source of funds for the payments
pursuant to the Plan is: (i) the continued operations of Debtor,
and (ii) a monthly contribution from Samuel Wright, pursuant to the
terms of the Restructuring Support Agreement."
A full-text copy of the Modified Plan dated June 25, 2025 is
available at https://urlcurt.com/u?l=e0OfJM from PacerMonitor.com
at no charge.
About Virtual Medical Services
Virtual Medical Services LLC provides medical care online.
Virtual Medical Services LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No.
24-61749) on Nov. 4, 2024. In the petition filed by Samuel Wright,
as manager, the Debtor reports estimated assets between $500,000
and $1 million and estimated liabilities between $1 million and $10
million.
The Debtor is represented by:
Leslie Pineyro, Esq.
JONES & WALDEN LLC
699 Piedmont Avenue NE
Atlanta, GA 30308
Tel: 404-564-9300
Email: info@joneswalden.com
VISION CARE: Court Extends Cash Collateral Access to Oct. 11
------------------------------------------------------------
Tanya Sambatakos, the Chapter 11 trustee for Vision Care of Maine,
LLC, received another extension from the U.S. Bankruptcy Court for
the District of Maine to use cash collateral.
The order authorized the trustee to use cash collateral until
October 11 to pay the expenses set forth in the budget, with a 10%
variance allowed.
The 13-week budget shows total projected expenses of $4,567,008 for
the period from July 19 to October 11.
The use of cash collateral is necessary to fund the Debtor's
ongoing operations and to meet the deadline for filing a
reorganization plan, according to the trustee.
The bankruptcy trustee must continue compliance with U.S. trustee
obligations, including reporting and fee payments.
The next hearing is scheduled for October 7.
About Vision Care of Maine
Vision Care of Maine, LLC is a medical group practice located in
Bangor, ME that specializes in Ophthalmology and Optometry offering
vision care services including glasses, contacts, surgeries for
cataracts, retina disease and cornea disease and glaucoma.
Vision Care of Maine sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Me. Case No. 24-10166) on August 5,
2024. In the petition signed by Curt Young, manager, the Debtor
disclosed up to $10 million in both assets and liabilities.
Judge Peter G. Cary oversees the case.
The Debtor tapped George J. Marcus, Esq., at Marcus, Clegg, Bals &
Rosenthal, PA as legal counsel and Opus Consulting Partners, LLC as
financial consultant.
Tanya Sambatakos is the Chapter 11 trustee appointed in the
Debtor's case.
WEST DEPTFORD: Moody's Rates New $350MM Secured Loans 'Ba3'
-----------------------------------------------------------
Moody's Ratings assigned a Ba3 rating to West Deptford Energy
Holdings, LLC's (WDE, or Project) proposed senior secured credit
facilities consisting of a $255 million senior secured first lien
term loan B maturing in 2032 and a $50 million senior secured first
lien revolving credit facility maturing in 2030. The rating outlook
is changed to stable from positive.
Proceeds for the term loan B as well as sponsor equity will be used
to refinance the project's existing credit facilities, including a
secured term loan B with $398 million outstanding due August 2026
and a $55 million secured revolving credit facility ($43 million
drawn) due in December 2025. Moody's will withdraw the Caa1 rating
on the existing senior secured term loan B (Cusip # 95249CAB0) and
the $55 million senior secured revolving credit facility shortly
after financial close of the new transaction.
RATINGS RATIONALE
The Ba3 rating assignment recognizes the material rebalancing of
the Project's capital structure with meaningful cash equity
contributed from the sponsor group at financial close resulting in
substantially lower permanent debt levels and an enhanced liquidity
profile. These actions coupled with ongoing credit supportive
actions from the sponsor group during 2024 and 2025 and certain
structural enhancements in the new financing positions the project
to sustainably produce prospective financial metrics that align
with the low end of the Ba rating category.
The Ba3 rating further considers the benefits of the lower debt
quantum coupled with the current positive market dynamics in PJM
Interconnection, L.L.C. (PJM: Aa2 stable) where the Project's
cleared capacity revenues support greater near-term cash flow
visibility, offsetting WDE's moderately weak competitive position.
WDE's near-term capacity revenue and related cash flow will benefit
from higher capacity prices of $270 per MW-day starting in June
2025, which is a nearly fivefold increase from the prior capacity
year's $55 per MW-day prices in the EMAAC zone. Moreover, FERC's
recent approval of a pricing collar for the two upcoming PJM
auctions setting a floor of $175 per MW-day and a cap of $325 per
MW-day provide greater revenue and cash flow certainty for WDE and
other PJM generators. The higher capacity auction results largely
reflect increases in regional load requirements owing to digital
infrastructure investment across the region and scheduled plant
retirements.
Under the proposed financing, roughly $191 million of sponsor
equity will be used for a $143 million reduction in term loan debt,
full repayment of the $43 million drawn under $55 million secured
revolving credit facility, and a $10 million cash prefunding for
the borrower's major maintenance reserve fund. The sponsor group,
which consists of LS Power (85.52%) and Ullico (14.48%) has also
contributed $42 million of equity to the project in 2025 to cure a
financial covenant violation and to support liquidity during its
current operational outage. Moreover, during 2024, LS Power
increased to ownership in the Project by buying the equity
positions of five separate co-owners increasing its ownership to
the current 85.52% from 17.8%.
West Deptford's operational performance in 2024 and 2025 has been
weak due to repeated outages. Substantial work has been completed
to address the outage-related issues, and the Project's liquidity
will benefit from insurance proceeds associated with the outage.
The Ba3 rating reflects Moody's views that the operational related
issues are being adequately addressed enabling the Project to
maintain consistent operating performance prospectively.
In that regard, the plant is scheduled to incur elevated capital
expenditures in 2026 and 2027 for planned major maintenance
spending. The project's financial structure is strengthened by a
$10 million Major Maintenance Reserve (MMR) funded at financial
close by the sponsor group and a 12-month forward-looking MMR
funding provision in the borrowing documents. These provisions
offer a liquidity buffer ahead of the major maintenance event
scheduled for spring 2027. While the planned major maintenance
could pressure financial metrics, the pre-funded MMR provides
advanced funding and helps smooth cash flows to mitigate the
financial impact of these expenditures. Additionally, Moody's
understands that LS Power, as lead sponsor, intends to implement an
ongoing hedging strategy which should provide incremental
visibility around prospective energy margins and related cash flow.
Maintaining a good liquidity profile at WDE will help the Project
facilitate this strategy.
An ongoing and persistent challenge for WDE is its exposure to
carbon-related costs under the Regional Greenhouse Gas Initiative
(RGGI). In WDE's case, the plant's location in southwest New
Jersey puts it at a competitive disadvantage relative to its
Pennsylvania-based peers because New Jersey participates in RGGI
requiring generators to make payments for carbon emissions while
Pennsylvania does not. As a result of this regulatory asymmetry and
the plant's location near the Pennsylvania border, the plant's
annual capacity factors have been in the 30% range, a dynamic that
may persist. Political uncertainty around RGGI remains, with
certain of the candidates in New Jersey's upcoming gubernatorial
race pledging to withdraw the state from the program.
Moody's base case projections assume that New Jersey remains in
RGGI and that the next PJM capacity auction result is in-line with
the prior year. Proforma for the transaction, Moody's expects WDE
to produce credit metrics comfortably in the Ba rating category,
with average coverage metrics over the annual three-year period
2026-28 producing a debt service coverage ratio of 2.6x, project
cash flow to debt of 15.7% and debt to EBITDA of 3.6x. In 2026 key
financial metrics are expected to be somewhat weaker with a debt
service coverage ratio of 2.0x, project cash flow to debt of nearly
10% and debt to EBITDA of 4.0x due to scheduled capital
expenditures and major maintenance funding for planned 2027
investments.
RATING OUTLOOK
The stable outlook reflects Moody's expectations that the plant's
operating performance will have improved following the outage, that
operating performance will remain consistent with this expectation
over the life of the term loan and that the improved outlook for
energy and capacity prices will allow WDE to generate cash flows in
line with Moody's base case expectations over the next several
years. WDE's ability to meet these considerations is aided by the
considerably lower debt quantum and better liquidity profile which
helps to mitigate the plant's ongoing exposure to RGGI-related
costs.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
-- An upgrade could occur if there is a continued strengthening of
the PJM market dynamics that leads to stronger than expected energy
margins and capacity revenues resulting in project cash flow to
debt comfortably above 20% and DSCRs above 3.0x on a sustained
basis.
-- A downgrade could occur if market pricing conditions or plant
operating performance issues result in a deterioration of credit
metrics, such that project cash flows to debt fall below 10% and
debt to EBITDA in excess of 5.0x on a sustained basis or if the
project sponsor group's willingness or ability to support this
investment wanes.
PROFILE
West Deptford Energy Holdings, LLC (WDE) owns the West Deptford
power plant, a 2014-vintage, 744MW combined cycle natural gas
turbine (CCGT) with Siemens F-Class Series installed turbines. It
is located in West Deptford Township, NJ, directly across the
Delaware River from Philadelphia International Airport. The plant
connects to the Atlantic City Electric transmission system via a
3.5-mile line to the ACE Mickleton 230 kV Substation.
The project's lead sponsor and operator is LS Power, an established
player in the power markets and well-known sponsor with multiple
rated power projects and electric infrastructure investments. LS
Power developed, sited and built the West Deptford plant, which
started operating in November 2014. The plant's current ownership
includes LS Power (85.52%) and Ullico (14.48%).
LIST OF AFFECTED RATINGS
Issuer: West Deptford Energy Holdings, LLC
Assignments:
Senior Secured Bank Credit Facility, Assigned Ba3
Outlook Actions:
Outlook, Changed To Stable From Positive
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee.
METHODOLOGY
The principal methodology used in these ratings was Power
Generation Projects published in June 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
WEST DEPTFORD: S&P Assigns Prelim 'B+' Rating on Sec. Term Loan B
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B+' preliminary rating and '2'
recovery rating to West Deptford Energy Holdings LLC's (WDE)
proposed $255 million term loan B (TLB) that matures in 2032 and
$50 million five-year senior secured revolver (revolver) that
matures in 2030. The preliminary rating is subject to reviewing
final terms and conditions of the final issuance documents.
WDE will use the TLB proceeds and additional $191 million sponsor
cash contribution to repay existing debt of about $441 million. The
sponsors will also pay transaction costs and fund a $10 million
major maintenance reserve with a cash contribution.
S&P views event risk as a key credit factor given WDE's operating
history, while the project's exposure to Regional Greenhouse Gas
Initiative (RGGI) leakage is partially mitigated by its lower
leverage.
The recovery rating of '2' indicates S&P's expectation for
substantial (70%-90%; rounded estimate: 80%) recovery in a default
scenario.
The stable outlook reflects S&P's expectation that WDE will sustain
a minimum S&P Global Ratings-adjusted debt service coverage ratio
(DSCR) of at least 1.32x in all years, with a median DSCR of
1.53x.
West Deptford Energy Holdings LLC (WDE) is a 759 megawatt (MW)
combined-cycle gas turbine (CCGT) merchant plant built in 2014 with
base load heat rate of about 7,000 Btu per kilowatt-hour (kWh). The
2x1 combined cycle plant has two Siemens SGT6-5000F combustion
turbines (CT) and one Alstom STF-30C steam turbine (ST). CT unit 2
generator is in like-new condition after the major repair in 2024,
Steam turbine is undergoing full rewind and will return to service
in August 2025. WDE is in Gloucester County, New Jersey,
dispatching into the Eastern Mid-Atlantic Area Council (EMAAC) zone
of the PJM Interconnection. The project is owned by LS Power Group
(85.5%) and Ullico Group (14.5%).
WDE's proposed refinancing through equity and a new TLB creates a
sustainable capital structure with a minimum DSCR of 1.32x. WDE
will apply the $255 million proceeds from the new TLB and $191
million contribution from the sponsor to repay the exiting $398
million TLB due in 2026 and $43 million revolving credit facility
(RCF) due in 2025. The sponsors will also pay transaction fees of
$6 million and cash fund a $10 million 12-month forward-looking
MMRA. S&P expects adequate cash flow available for debt service
(CFADS) and favorable sweep mechanism to result in DSCR above 1.32x
during the project's life (2025-2045) with $141 million debt
outstanding at TLB maturity for each scenario respectively.
In addition to the $191 million equity injection to pay off
existing debt, $42 million has been injected year-to-date as equity
and liquidity support. In early 2025, LS Power also acquired a
combined 67.7% Class A membership interest from five previous
shareholders. This simplified the ownership structure to LS Power
(85.5%) and Ullico (14.5%). This will allow LS Power to streamline
favorable decision-making, such as prudent capital expenditure
(capex) on additional maintenance and inspection. At the same time,
S&P continues to view the project as delinked from the parent given
the presence of an independent director on the board.
WDE's exposure to RGGI leakage is partially mitigated by its lower
leverage compared to peers. At $336 debt/kW, WDE's leverage is low
compared to other single assets S&P rates. The waterfall also
allows a sponsor-management fee paid after the mandatory 1%
amortization. Both are credit positive features. However, WDE's
operational history demonstrates significant exposure to RGGI
leakage and outages compared to peers in same region. Despite its
highly efficient design, capacity factor averaged 28% prior to its
2024 outage and ongoing 2025 outage. This is because WDE's
neighboring Pennsylvania generators can dispatch at more
competitive pricing without RGGI-compliance cost, shifting dispatch
away from WDE.
S&P said, "While overall PJM power demand benefits from data center
buildout and industrial growth, we do not anticipate demand to
increase significantly in WDE interconnection region. We currently
expect WDE to realize higher dirty sparks (pre-emission cost) than
non-RGGI peers, and clean sparks (net of RGGI costs) of $9-$10/MWh,
consistent with peers of same region. Management is targeting a
multiyear hedging program after transaction close.
"We view event risk as a key credit factor given WDE's operating
history. WDE has experienced operation issues over the past five
years, the management and independent engineers identified them as
independent events. The 2024 major outage lasted from June to
November, resulting in about 50% capacity loss during the peak
season. There were also major outages in 2025 between April and
August, also during peak power demand season. Insurance proceeds
covered the repair costs and energy margin loss associated with
2024 outage, and we expect the recovery of 2025 outage repair
costs. The independent engineers confirmed that there is no common
root cause among the outages and the causes are idiosyncratic, such
as manufacturing defect in parts. The management expects the steam
turbine outage to be addressed through a fulsome inspection and
rebuild. We will continue to evaluate future operational
performance under the revised maintenance plan.
"We view WDE's ability to dispatch as a key credit factor
considering PJM's dispatch requests during peak demand and the
noncompliance penalty in case of outage. More than 60% of WDE gross
margin will come from capacity payments over the asset life, and
PJM can require capacity market participants to dispatch during
hours of peak demand. Generation Alerts have been issued in summer
months for three consecutive years since 2023 while extreme weather
events are occurring more often across the U.S. Full or partial
facility outage during a Maximum Generation Alert or Capacity
Performance event (Winter Storm Elliott) can pressure financial
performance further. Thus, we view the unique operational history
as a negative credit factor.
"The combustion turbines have been maintained by Siemens under long
term service agreement (LTSA). Instead of engaging in patch repair
similar to past outage events, management is using the current
downtime for a thorough inspection, testing, and full rebuild of
the facility to prevent further outages. We view the increased
capex budget as a mitigating factor.
"The rating is subject to review of final credit agreement. The
project will be required to maintain a 12-month forward looking
MMRA. Which we view as a credit positive feature supporting the
credit under adverse economic and operating conditions. In
addition, any debt upsizing will require each rating agency
reaffirmation. We expect the final credit agreements will reflect
such terms.
"The stable outlook reflects our expectation that WDE will maintain
DSCRs above 1.35x during the initial term loan period (2025-2032)
and a minimum DSCR of at least 1.32x during the post-refinancing
period (2032-2045), when we assume a fully amortizing structure. We
forecast about $141 million of TLB outstanding at maturity in
2032.
"We could consider a negative rating action if the project is
unable to sustain DSCRs above 1.25x or its ability to withstand
adverse economic and operating conditions weakens." This could stem
from:
-- Unplanned outages that impair generation;
-- Economic factors causing the power plant to dispatch less than
our base-case expectations;
-- Weaker realized spark spreads or lower PJM capacity prices for
delivery year 2026-2027 and beyond; or
-- Excess cash sweeps that are lower than our forecast, resulting
in higher TLB balances than expected at maturity.
S&P could consider a positive rating action if it expects the
project to achieve a minimum base-case DSCR above 1.50x or it
establishes a track record of robust operational performance. This
could occur if:
-- Spark spreads improve significantly while realizing favorable
capacity factors; and
-- Deleveraging is higher during the term loan period.
WILDFANG HOLDINGS: Case Summary & Two Unsecured Creditors
---------------------------------------------------------
Debtor: Wildfang Holdings LLC
3367 Riverplace Drive
Eugene, OR 97401
Business Description: Wildfang Holdings LLC is a single-asset real
estate company that owns and leases a
commercial restaurant and bar property
located in Eugene, Oregon.
Chapter 11 Petition Date: July 16, 2025
Court: United States Bankruptcy Court
District of Oregon
Case No.: 25-61981
Judge: Hon. Thomas M. Renn
Debtor's Counsel: Nicholas J. Henderson, Esq.
ELEVATE LAW GROUP
6000 SW Meadows Road
Suite 450
Lake Oswego, OR 97035
Tel: (503) 417-0500
Fax: (503) 417-0501
Total Assets: $1,600,000
Total Liabilities: $786,313
The petition was signed by Kyle Wildfang as manager.
A full-text copy of the petition, which includes a list of the
Debtor's two unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YPYRNPA/Wildfang_Holdings_LLC__orbke-25-61981__0001.0.pdf?mcid=tGE4TAMA
WORK 'N GEAR: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: Work 'N Gear, LLC
1900 Route 70
Lakewood, NJ 08701
Business Description: Work 'N Gear, LLC is a U.S. retailer
specializing in workplace and healthcare
apparel and footwear. It operates 35 brick-
and-mortar stores across 11 states --
primarily in the Northeast and Midwest --
and sells online through its e-commerce
platform. The Company also runs a 14,000-
square-foot distribution center in Avon,
Massachusetts. Headquartered in Quincy,
Massachusetts, Work 'N Gear is a wholly
owned subsidiary of Work 'N Gear, Inc.
Chapter 11 Petition Date: July 16, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-17472
Judge: Hon. Mark Edward Hall
Debtor's Counsel: Eric H. Horn, Esq.
A.Y. STRAUSS, LLC
290 W. Mount Pleasant Ave.
Suite 3260
Livingston, NJ 07039
Tel: (973) 287-5006
Email: ehorn@aystrauss.com
Debtor's
Financial
Advisor: KCP ADVISORY GROUP
Debtor's
Leasing
Advisor: RCS REAL ESTATE ADVISORS
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Larry Nusbaum as interim president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/HJFEG2Q/Work_N_Gear_LLC__njbke-25-17472__0001.0.pdf?mcid=tGE4TAMA
WORK 'N GEAR: Section 341(a) Meeting of Creditors on August 13
--------------------------------------------------------------
On July 16, 2025, Work 'N Gear LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the District of New Jersey. According
to court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on August
13, 2025 at 09:00 AM at Telephonic.
About Work 'N Gear LLC
Work 'N Gear LLC is a specialty retailer of work apparel, footwear,
and uniforms. The company operates from its headquarters in
Lakewood, NJ, offering brands such as Carhartt, Timberland, and
Helly Hansen to workers across various industries.
Work 'N Gear LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-17472) on July 16,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtors are represented by Eric Horn, Esq. and David Salhanick,
Esq. at A.Y. Strauss.
YMCA GREATER HOUSTON: Moody's Lowers Revenue Bond Ratings to Ba2
----------------------------------------------------------------
Moody's Ratings has downgraded the YMCA of the Greater Houston
Area's (TX) revenue bonds to Ba2 from Ba1. Roughly $117.6 million
of debt is outstanding as of fiscal 2024 year end. The outlook has
been revised to stable from rating under review.
This rating action concludes a review for downgrade initiated on
April 2, 2025, prompted by volatility in federal grant funding
reimbursement for its refugee relocation and assistance program.
The YMCA has significantly reduced its refugee and immigration
services work as a result.
The downgrade to Ba2 stems primaily from material declines in the
YMCA's total cash and investments, which has curtailed operating
flexibility, particularly as the YMCA's scale and scope of
operations is now limited to its potentially volatile traditional
membership services.
RATINGS RATIONALE
The YMCA's Ba2 rating considers its strong brand and regional
presence in the economically diverse Houston area as an anchoring
credit factor. However, the YMCA is challenged by a relatively
small scope of operations and a high dependence on revenue from
members and consumers, and preferences may shift and change over
time. The YMCA is highly leveraged relative to cash and
operations; total cash is just 0.4x debt as of fiscal 2024.
Liquidity is moderate compared to peers with 89 monthly days cash
on hand, offering limited financial flexibility, especially in the
event of further operational challenges.
In early 2025, management acted swiftly to restructure operations
and cut expenses as a result of government funding shifts that
materially impacted the YMCA's scope of operations. A decisive
response helped to preserve operating performance very near to
original budget estimates for fiscal 2025. Budget assumptions are
historically conservative, and management routinely includes
contingencies in its projections.
Nevertheless, the YMCA's elevated debt burden remains unchanged,
now supported by a considerably leaner revenue base. Future
reviews will consider the YMCA's ability to service its debt with
coverage that remains in excess of the required 1.2x covenant. At
fiscal year end 2025, the YMCA calculates coverage of 1.65x, though
Moody's-adjusted coverage is just over 1x.
RATING OUTLOOK
The stable outlook reflects expectations of continued improvement
to membership and associated revenue as well as steady
philanthropic support. The outlook also considers management's
ongoing efforts toward expense containment, strategic capital
improvement and revenue maximization with an expectation of
gradually improved operating margins.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATING
-- Substantial and sustained growth in reserves providing
additional cushion relative to debt and operations; monthly
liquidity in excess of 200 days cash on hand
-- Materially improved membership and earned revenue, with EBIDA
in excess of 15% and debt service coverage stronger than 1.5x
-- Continued reduction in leverage with greater headroom relative
to covenants
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATING
-- Further declines in liquidity; days cash on hand sustained
below 90 days
-- Any increase in debt without commensurate revenue growth
-- Inability to improve operating margins toward generally
balanced operations
PROFILE
The Young Men's Christian Association (YMCA) of the Greater Houston
Area is a not-for-profit community service organization that was
originally established in 1886. Membership is 54,662 as of the
fiscal 2024 year end. Fiscal 2024 operating revenue was $157
million.
METHODOLOGY
The principal methodology used in this rating was Nonprofit
Organizations (Other Than Healthcare and Higher Education)
published in August 2024.
[] BOOK REVIEW: Taking Charge
-----------------------------
Taking Charge: Management Guide to Troubled Companies and
Turnarounds
Author: John O. Whitney
Publisher: Beard Books
Softcover: 283 Pages
List Price: $34.95
Order a copy today at:
http://beardbooks.com/beardbooks/taking_charge.html
Review by Susan Pannell
Remember when Lee Iacocca was practically a national hero? He won
celebrity status by taking charge at a company so universally known
as troubled that humor columnists joked their kids grew up thinking
the corporate name was "Ayling Chrysler." Whatever else Iacocca may
have been, he was a leader, and leadership is crucial to a
successful turnaround, maintains the author.
Mediagenic names merit only passing references in Whitney's book,
however. The author's own considerable experience as a turnaround
pro has given him more than sufficient perspective and acumen to
guide managers through successful turnarounds without resorting to
name-dropping. While Whitney states that he "share[s] no personal
war stories" in this book, it was, nonetheless, written from inside
the "shoes, skin, and skull of a turnaround leader." That sense of
immediacy, of urgency and intensity, makes Taking Charge compelling
reading even for the executive who feels he or she has already
mastered the literature of turnarounds.
Whitney divides the work into two parts. Part I is succinctly
entitled "Survival," and sets out the rules for taking charge
within the crucial first 120 days. "The leader rarely succeeds who
is not clearly in charge by the end of his fourth month," Whitney
notes. Cash budgeting, the mainstay of a successful turnaround, is
given attention in almost every chapter. Woe to the inexperienced
manager who views accounts receivable management as "an arcane
activity 'handled over in accounting.'" Whitney sets out 50
questions concerning AR that the leader must deal with -- not
academic exercises, but requirements for survival.
Other internal sources for cash, including judiciously managed
accounts payable and inventory, asset restructuring, and expense
cuts, are discussed. External sources of cash, among them banks,
asset lenders, and venture capital funds; factoring receivables;
and the use of trust receipts and field warehousing, are handled in
detail. Although cash, cash, and more cash is the drumbeat of Part
I, Whitney does not slight other subjects requiring attention. Two
chapters, for example, help the turnaround manager assess how the
company got into the mess in the first place, and develop
strategies for getting out of it.
The critical subject of cash continues to resonate throughout Part
II, "Profit and Growth," although here the turnaround leader
consolidates his gains and looks ahead as the turnaround matures.
New financial, new organizational, and new marketing arrangements
are laid out in detail. Whitney also provides a checklist for the
leader to use in brainstorming strategic options for the future.
Whitney's underlying theme -- that a successful business requires
personal leadership as well as bricks and mortar, money and
machinery -- is summed up in a concluding chapter that analyzes the
qualities that make a leader. His advice is as relevant in this
1999 reprint edition as it was in 1987 when first published.
John O. Whitney had a long and distinguished career in academia and
industry. He served as the Lead Director of Church and Dwight Co.,
Inc. and on the Advisory Board of Newsbank Corp. He was Professor
of Management and Executive Director of the Deming Center for
Quality Management at Columbia Business School, which he joined in
1986. He died in 2013.
[] Moody's Upgrades Ratings on 18 Bonds From 4 US RMBS Deals
------------------------------------------------------------
Moody's Ratings, on July 15, 2025, upgraded the ratings of 18 bonds
from four US residential mortgage-backed transactions (RMBS),
backed by prime jumbo and agency eligible mortgage loans.
A comprehensive review of all credit ratings for the respective
transactions has been conducted during a rating committee.
The complete rating actions are as follows:
Issuer: Flagstar Mortgage Trust 2021-5INV
Cl. B-2, Upgraded to Aa2 (sf); previously on Sep 24, 2024 Upgraded
to Aa3 (sf)
Cl. B-2-A, Upgraded to Aa2 (sf); previously on Sep 24, 2024
Upgraded to Aa3 (sf)
Cl. B-2-X*, Upgraded to Aa2 (sf); previously on Sep 24, 2024
Upgraded to Aa3 (sf)
Cl. B-3, Upgraded to A1 (sf); previously on Sep 24, 2024 Upgraded
to A2 (sf)
Cl. B-4, Upgraded to Baa2 (sf); previously on Sep 24, 2024 Upgraded
to Baa3 (sf)
Cl. B-5, Upgraded to Ba1 (sf); previously on Sep 24, 2024 Upgraded
to Ba2 (sf)
Issuer: Flagstar Mortgage Trust 2021-6INV
Cl. B-2, Upgraded to Aa2 (sf); previously on Sep 24, 2024 Upgraded
to Aa3 (sf)
Cl. B-2-A, Upgraded to Aa2 (sf); previously on Sep 24, 2024
Upgraded to Aa3 (sf)
Cl. B-2-X*, Upgraded to Aa2 (sf); previously on Sep 24, 2024
Upgraded to Aa3 (sf)
Cl. B-5, Upgraded to Ba2 (sf); previously on Sep 24, 2024 Upgraded
to Ba3 (sf)
Issuer: Flagstar Mortgage Trust 2021-8INV
Cl. B-2, Upgraded to Aa2 (sf); previously on Sep 24, 2024 Upgraded
to Aa3 (sf)
Cl. B-2-A, Upgraded to Aa2 (sf); previously on Sep 24, 2024
Upgraded to Aa3 (sf)
Cl. B-2-X*, Upgraded to Aa2 (sf); previously on Sep 24, 2024
Upgraded to Aa3 (sf)
Issuer: RCKT Mortgage Trust 2022-3
Cl. B-2, Upgraded to A1 (sf); previously on Sep 13, 2024 Upgraded
to A2 (sf)
Cl. B-2A, Upgraded to A1 (sf); previously on Sep 13, 2024 Upgraded
to A2 (sf)
Cl. B-3, Upgraded to A3 (sf); previously on Sep 13, 2024 Upgraded
to Baa1 (sf)
Cl. B-4, Upgraded to Ba2 (sf); previously on Apr 28, 2022
Definitive Rating Assigned Ba3 (sf)
Cl. B-X-2*, Upgraded to A1 (sf); previously on Sep 13, 2024
Upgraded to A2 (sf)
* Reflects Interest-Only Classes
RATINGS RATIONALE
The rating upgrades reflect the increased levels of credit
enhancement available to the bonds, the recent performance, and
Moody's updated loss expectations on the underlying pools.
These transactions Moody's reviewed continue to display strong
collateral performance, with cumulative losses for each transaction
under .04% and a small percentage of loans in delinquencies. In
addition, enhancement levels for the tranches in these transactions
have grown significantly, as the pools amortize relatively quickly.
The credit enhancement since closing has grown, on average, 1.24x
for the non-exchangeable tranches upgraded.
In addition, while Moody's analysis applied a greater probability
of default stress on loans that have experienced modifications,
Moody's decreased that stress to the extent the modifications were
in the form of temporary payment relief.
No actions were taken on the other rated classes in these deals
because the expected losses on these bonds remain commensurate with
their current ratings, after taking into account the updated
performance information, structural features, credit enhancement
and other qualitative considerations.
Principal Methodologies
The principal methodology used in rating all classes except
interest-only classes was "Moody's Approach to Rating US RMBS Using
the MILAN Framework" published in July 2024.
Factors that would lead to an upgrade or downgrade of the ratings:
Up
Levels of credit protection that are higher than necessary to
protect investors against current expectations of loss could drive
the ratings of the subordinate bonds up. Losses could decline from
Moody's original expectations as a result of a lower number of
obligor defaults or appreciation in the value of the mortgaged
property securing an obligor's promise of payment. Transaction
performance also depends greatly on the US macro economy and
housing market.
Down
Levels of credit protection that are insufficient to protect
investors against current expectations of loss could drive the
ratings down. Losses could rise above Moody's expectations as a
result of a higher number of obligor defaults or deterioration in
the value of the mortgaged property securing an obligor's promise
of payment. Transaction performance also depends greatly on the US
macro economy and housing market. Other reasons for
worse-than-expected performance include poor servicing, error on
the part of transaction parties, inadequate transaction governance
and fraud.
An IO bond may be upgraded or downgraded, within the constraints
and provisions of the IO methodology, based on lower or higher
realized and expected loss due to an overall improvement or decline
in the credit quality of the reference bonds and/or pools.
Finally, performance of RMBS continues to remain highly dependent
on servicer procedures. Any change resulting from servicing
transfers or other policy or regulatory change can impact the
performance of these transactions. In addition, improvements in
reporting formats and data availability across deals and trustees
may provide better insight into certain performance metrics such as
the level of collateral modifications.
[^] 2025 Distressed Investing Conference: Registration Now Open!
----------------------------------------------------------------
Registration is now open for the 32nd Annual Distressed Investing
Conference, presented by Beard Group, Inc. This two-day affair
kicks off with the Opening Night Cocktail Reception on Dec. 2nd
from 5:00-7:00 PM and followed by the Full Day Conference on
Dec. 3rd. Venue is the Harmonie Club in New York City.
Visit https://www.distressedinvestingconference.com/ for more
information.
Contact Will Etchison, Conference Producer, at Tel: 305-707-7493 or
will@beardgroup.com for sponsorship opportunities.
Thank you to last year's conference sponsors:
The 2024 Conference Co-Chairs:
* Kirkland & Ellis, LLP, as conference co-chair; and
* Foley & Lardner LLP, as conference co-chair
The 2024 Major Sponsors:
* Davis Polk & Wardwell LLP;
* Hilco Global;
* Locke Lord LLP;
* Morrison & Foerster LLP;
* Proskauer Rose LLP;
* Skadden, Arps, Slate, Meagher & Flom LLP;
* Wachtell, Lipton, Rosen & Katz; and
* Weil, Gotshal & Manges LLP
The 2024 Patron Sponsors were:
* Katten Muchin Rosenman LLP;
* Kobre & Kim; and
* Resolution Financial Advisors
The 2024 Supporting Sponsors were:
* C Street Advisory Group;
* Development Specialists, Inc.;
* Gilbert + Tobin;
* Paul Hastings;
* RJReuter;
* Sherwood Partners, Inc.;
* SSG Capital Advisors; and
* Stein Advisors LLC
The 2024 Media Partners were:
* BankruptcyData;
* CreditSights;
* Debtwire;
* The National Law Review;
* PacerMonitor;
* Pari Passu Newsletter;
* Reorg; and
* WSJ Pro Bankruptcy
The 2024 Knowledge Partner was:
* Creditor Rights Coalition
The 2024 Conference Replays are available for Purchase at
https://www.distressedinvestingconference.com/2024-video-replays--photos.html
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Community Counseling & LCSW Services, P.C.
Bankr. E.D.N.Y. Case No. 25-72224
Chapter 11 Petition filed June 6, 2025
represented by: Heath Berger, Esq.
BFSNG Law Group, LLP
E-mail: hberger@heathb127.sg-host.com
In re Ashwood Capital LLC
Bankr. S.D.N.Y. Case No. 25-11291
Chapter 11 Petition filed June 9, 2025
represented by: Joshua Bronstein, Joshua
JOSHUA R. BRONSTEIN & ASSOCIATES, PLLC
In re J & D Customs LLC
Bankr. E.D.N.Y. Case No. 25-72504
Chapter 11 Petition filed June 26, 2025
represented by: Marc Pergament, Esq.
WEINBERG, GROSS & PERGAMENT LLP
In re TRAC Construction Group Inc.
Bankr. E.D.N.Y. Case No. 25-43105
Chapter 11 Petition filed June 27, 2025
See
https://www.pacermonitor.com/view/WPJAREI/TRAC_Construction_Group_Inc__nyebke-25-43105__0001.1.pdf?mcid=tGE4TAMA
represented by: Michael Walker, Esq.
In re 404 Concrete, LLC
Bankr. N.D. Ga. Case No. 25-57235
Chapter 11 Petition filed June 30, 2025
Filed Pro Se
In re She Flips Too Inc
Bankr. N.D. Ga. Case No. 25-57269
Chapter 11 Petition filed June 30, 2025
Filed Pro Se
In re Equilateral Investment Group LLC
Bankr. N.D. Ga. Case No. 25-57288
Chapter 11 Petition filed June 30, 2025
Filed Pro Se
In re Skylar Acquisitions, Inc
Bankr. N.D. Ga. Case No. 25-57354
Chapter 11 Petition filed July 1, 2025
Filed Pro Se
In re 234 Walnut Street LLC
Bankr. N.D. Ga. Case No. 25-57351
Chapter 11 Petition filed July 1, 2025
Filed Pro Se
In re Ward Enterprises Group Inc.
Bankr. N.D. Ga. Case No. 25-57373
Chapter 11 Petition filed July 1, 2025
Filed Pro Se
In re 3310 Harrison Rd LLC
Bankr. N.D. Ga. Case No. 25-57341
Chapter 11 Petition filed July 1, 2025
In re B&A Childcare Services of Atlanta Inc
Bankr. N.D. Ga. Case No. 25-57451
Chapter 11 Petition filed July 2, 2025
In re Qiujiang Wang
Bankr. N.D. Ga. Case No. 25-57650
Chapter 11 filed July 8, 2025
represented by: William Rountree, Esq.
ROUNTREE LEITMAN KLEIN & GEER, LLC
In re NHC Investments, LLC
Bankr. W.D. La. Case No. 25-50600
Chapter 11 Petition filed July 8, 2025
See
https://www.pacermonitor.com/view/ACBSYEA/NHC_Investments_LLC__lawbke-25-50600__0001.0.pdf?mcid=tGE4TAMA
represented by: D. Patrick Keating, Esq.
THE KEATING FIRM, APLC
E-mail: rick@dmsfirm.com
In re Select Alternative Home Choice LLC
Bankr. D. Md. Case No. 25-16185
Chapter 11 Petition filed July 8, 2025
See
https://www.pacermonitor.com/view/EFXLIOY/Select_Alternative_Home_Choice__mdbke-25-16185__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re PPS Property 8-10 Sanford Ave., LLC
Bankr. D.N.J. Case No. 25-17193
Chapter 11 Petition filed July 8, 2025
See
https://www.pacermonitor.com/view/3ZF3X7Q/PPS_Property_8-10_Sanford_Ave__njbke-25-17193__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert Nisenson, Esq.
LAW OFFICE OF ROBERT C. NISENSON, LLC
E-mail: r.nisenson@rcn-law.com
In re Shaul Hubscher
Bankr. E.D.N.Y. Case No. 25-43258
Chapter 11 Petition filed July 8, 2025
represented by: Alla Kachan, Esq.
In re Stacksonstacks, LLC
Bankr. D. Ore. Case No. 25-61915
Chapter 11 Petition filed July 8, 2025
See
https://www.pacermonitor.com/view/CMFJOTI/Stacksonstacks_LLC__orbke-25-61915__0001.0.pdf?mcid=tGE4TAMA
represented by: William L. Ghiorso, Esq.
GHIORSO LAW FIRM
E-mail: bill@ghiorsolaw.com
In re April Gail Reed
Bankr. W.D. Tenn. Case No. 25-10915
Chapter 11 Petition filed July 8, 2025
represented by: Thomas Strawn, Esq.
In re Brian Beckman and Shemeka Paschall-Beckman
Bankr. D. Ariz. Case No. 25-06231
Chapter 11 Petition filed July 9, 2025
represented by: Ronald Ellett, Esq.
ELLETT LAW OFFICES, P.C.
Email: rjellett@ellettlaw.com
In re Nathaniel Alexander
Bankr. C.D. Cal. Case No. 25-15792
Chapter 11 Petition filed July 9, 2025
represented by: Rhonda Walker, Esq.
In re Joanne Edith Sabetta
Bankr. C.D. Cal. Case No. 25-11209
Chapter 11 Petition filed July 9, 2025
represented by: Anthony Egbase, Esq.
In re Deccure Group, LLC
Bankr. S.D. Fla. Case No. 25-17802
Chapter 11 Petition filed July 9, 2025
See
https://www.pacermonitor.com/view/BIARMUY/Deccure_Group_LLC__flsbke-25-17802__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Maria Cristina Del Junco and Alberto Diaz
Bankr. S.D. Fla. Case No. 25-17827
Chapter 11 Petition filed July 9, 2025
represented by: Jesus Santiago, Esq.
In re Katharine Marie Yanez
Bankr. N.D. Ill. Case No. 25-80921
Chapter 11 Petition filed July 9, 2025
represented by: Stephanie Harris, Esq.
In re RCB Enterprises Co., LLC
Bankr. E.D. Mich. Case No. 25-31477
Chapter 11 Petition filed July 9, 2025
See
https://www.pacermonitor.com/view/EATCOCA/RCB_Enterprises_Co_LLC__miebke-25-31477__0001.0.pdf?mcid=tGE4TAMA
represented by: George E. Jacobs, Esq.
BANKRUPTCY LAW OFFICES
E-mail: george@bklawoffice.com
In re Hotel Commerce 7 LLC
Bankr. D. Neb. Case No. 25-40702
Chapter 11 Petition filed July 9, 2025
See
https://www.pacermonitor.com/view/SXJRLRY/Hotel_Commerce_7_LLC__nebke-25-40702__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 11702 Ave LLC
Bankr. E.D.N.Y. Case No. 25-43264
Chapter 11 Petition filed July 9, 2025
See
https://www.pacermonitor.com/view/HRULOOQ/11702_Ave_LLC__nyebke-25-43264__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 185 Euclid Ave Corp.
Bankr. E.D.N.Y. Case No. 25-43263
Chapter 11 Petition filed July 9, 2025
See
https://www.pacermonitor.com/view/HAEZC7A/185_Euclid_Ave_Corp__nyebke-25-43263__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 768 Dean Inc
Bankr. E.D.N.Y. Case No. 25-43274
Chapter 11 Petition filed July 9, 2025
See
https://www.pacermonitor.com/view/NZQYQKY/768_Dean_Inc__nyebke-25-43274__0003.0.pdf?mcid=tGE4TAMA
In re 99A Somers LLC
Bankr. E.D.N.Y. Case No. 25-43276
Chapter 11 Petition filed July 9, 2025
represented by: Vivia Joseph, Esq.
In re Duke Biomed LLC
Bankr. E.D.N.Y. Case No. 25-72657
Chapter 11 Petition filed July 9, 2025
See
https://www.pacermonitor.com/view/IO2G62Y/Duke_Biomed_LLC__nyebke-25-72657__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Norma F. Vitolo
Bankr. E.D.N.Y. Case No. 25-43275
Chapter 11 Petition filed July 9, 2025
represented by: Paul Hollender, Esq.
In re Chiya Yosopov
Bankr. E.D.N.Y. Case No. 25-43277
Chapter 11 Petition filed July 9, 2025
represented by: Charles Wertman, Esq.
In re Nona Gourmet Cafe, LLC dba La Creme Cafe
Bankr. C.D. Cal. Case No. 25-11222
Chapter 11 Petition filed July 10, 2025
See
https://www.pacermonitor.com/view/S7ENVPI/Nona_Gourmet_Cafe_LLC_dba_La_Creme__cacbke-25-11222__0001.0.pdf?mcid=tGE4TAMA
represented by: Nina Aritonova, Esq.
THE LAW OFFICES OF NINA ARITONOVA
E-mail: n_aritonova@hotmail.com
In re Capital Properties and Home Services LLC
Bankr. E.D. Cal. Case No. 25-23534
Chapter 11 Petition filed July 10, 2025
See
https://www.pacermonitor.com/view/36HNVTI/Capital_Properties_and_Home_Services__caebke-25-23534__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 3970 High Pine, LLC
Bankr. M.D. Fla. Case No. 25-02310
Chapter 11 Petition filed July 10, 2025
See
https://www.pacermonitor.com/view/FVR3EHY/3970_High_Pine_LLC__flmbke-25-02310__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re David Choate Hughes II
Bankr. C.D. Ill. Case No. 25-70566
Chapter 11 Petition filed July 10, 2025
In re Pelican Pros LLC
Bankr. E.D. La. Case No. 25-11446
Chapter 11 Petition filed July 10, 2025
See
https://www.pacermonitor.com/view/YH37B4A/Pelican_Pros_LLC__laebke-25-11446__0001.0.pdf?mcid=tGE4TAMA
represented by: Edwin M. Shorty Jr., Esq.
EDWIN M. SHORTY, JR. & ASSOCIATES
E-mail: EShorty@eshortylawoffice.com
In re Jared L. Rice
Bankr. D. Maine Case No. 25-20169
Chapter 11 Petition filed July 10, 2025
represented by: David Johnson, Esq.
In re 1524 East 12 LLC
Bankr. E.D.N.Y. Case No. 25-43302
Chapter 11 Petition filed July 10, 2025
See
https://www.pacermonitor.com/view/OYC22EI/1524_East_12_LLC__nyebke-25-43302__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Admin Pros LLC
Bankr. W.D. Okla. Case No. 25-12097
Chapter 11 Petition filed July 10, 2025
See
https://www.pacermonitor.com/view/4EL2LMA/Admin_Pros_LLC__okwbke-25-12097__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Timothy Jerome Barber
Bankr. E.D. Va. Case No. 25-11391
Chapter 11 Petition filed July 10, 2025
represented by: Christopher Rogan, Esq.
ROGANMILLERZIMMERMAN, PLLC
In re 5524 15th Ave Seattle WA LLC
Bankr. W.D. Wash. Case No. 25-11891
Chapter 11 Petition filed July 10, 2025
In re Marcus Heckman and Jill Heckman
Bankr. W.D. Ark. Case No. 25-71166
Chapter 11 Petition filed July 11, 2025
represented by: Frank Falkner, Esq.
In re Douglas Kent Ivey
Bankr. N.D. Cal. Case No. 25-30552
Chapter 11 Petition filed July 11, 2025
In re Crosskix LLC
Bankr. M.D. Fla. Case No. 25-04309
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/PT6LHSQ/Crosskix_LLC__flmbke-25-04309__0001.0.pdf?mcid=tGE4TAMA
represented by: Daniel A. Velasquez, Esq.
LATHAM LUNA EDEN & BEAUDINE LLP
E-mail: dvelasquez@lathamluna.com
In re Duncan Rental Company, LLC
Bankr. M.D. Fla. Case No. 25-04733
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/M4JET3I/Duncan_Rental_Company_LLC__flmbke-25-04733__0001.0.pdf?mcid=tGE4TAMA
represented by: Buddy D. Ford, Esq.
FORD & SEMACH, P.A.
E-mail: All@tampaesq.com
In re Siskiyou Partners LLLP
Bankr. M.D. Fla. Case No. 25-04312
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/MPTTSJQ/Siskiyou_Partners_LLLP__flmbke-25-04312__0001.0.pdf?mcid=tGE4TAMA
represented by: Daniel A. Velasquez, Esq.
LATHAM LUNA EDEN & BEAUDINE LLP
E-mail: dvelasquez@lathamluna.com
In re Gary Lawrence Warford
Bankr. D. Idaho Case No. 25-00516
Chapter 11 Petition filed July 11, 2025
In re Zilla Electric LLC
Bankr. D. Md. Case No. 25-16314
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/PHTSM5Q/Zilla_Electric_LLC__mdbke-25-16314__0001.0.pdf?mcid=tGE4TAMA
represented by: Geri Lyons Chase, Esq.
LAW OFFICE OF GERI LYONS CHASE
E-mail: gchase@glchaselaw.com
In re Legacy Memorial Holdings LLC
Bankr. S.D. Miss. Case No. 25-50997
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/5XSC7PQ/Legacy_Memorial_Holdings_LLC__mssbke-25-50997__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 106 Livonia LLC
Bankr. E.D.N.Y. Case No. 25-43334
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/D44VD2I/106_Livonia_LLC__nyebke-25-43334__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Brittany's Villa Corp
Bankr. E.D.N.Y. Case No. 25-43321
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/F4KWDLQ/Brittanys_Villa_Corp__nyebke-25-43321__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re James F. Mone
Bankr. E.D.N.Y. Case No. 25-72669
Chapter 11 Petition filed July 11, 2025
represented by: Heath Berger, Esq.
In re Avdhesh Management Portland, Inc.
Bankr. W.D.N.Y. Case No. 25-20519
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/DOQ44YI/Avdhesh_Management_Portland_Inc__nywbke-25-20519__0001.0.pdf?mcid=tGE4TAMA
represented by: David H. Ealy, Esq.
CRISTO LAW GROUP LLC
E-mail: dealy@trevettcristo.com
In re Avdhesh Management Great Lakes, Inc.
Bankr. W.D.N.Y. Case No. 25-20520
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/AF7YRYY/Avdhesh_Management_Great_Lakes__nywbke-25-20520__0001.0.pdf?mcid=tGE4TAMA
represented by: David H. Ealy, Esq.
CRISTO LAW GROUP LLC
E-mail: dealy@trevettcristo.com
In re Amazing Outdoors LLC
Bankr. E.D. Va. Case No. 25-11406
Chapter 11 Petition filed July 11, 2025
See
https://www.pacermonitor.com/view/OJNDCKQ/MATTHEW_Amazing_Outdoors_LLC__vaebke-25-11406__0001.0.pdf?mcid=tGE4TAMA
represented by: John P. Forest, II, Esq.
E-mail: john@forestlawfirm.com
In re Affordable Kar Kare, Inc.
Bankr. N.D. Tex. Case No. 25-42536
Chapter 11 Petition filed July 12, 2025
See
https://www.pacermonitor.com/view/CZOLQAI/Affordable_Kar_Kare_Inc__txnbke-25-42536__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert T DeMarco, Esq.
DEMARCO MITCHELL, PLLC
E-mail: robert@demarcomitchell.com
In re Lautaro Group, LLC
Bankr. D.D.C. Case No. 25-00270
Chapter 11 Petition filed July 13, 2025
See
https://www.pacermonitor.com/view/UQCBOJQ/Lautaro_Group_LLc__dcbke-25-00270__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert S. Brandt, Esq.
THE LAW OFFICE OF ROBERT S. BRANDT
E-mail: brandt@brandtlawfirm.com
In re First Century Funding Corp.
Bankr. S.D.N.Y. Case No. 25-11554
Chapter 11 Petition filed July 13, 2025
represented by: Elio Forcina, Esq.
In re Plaza Mexico Residences, LLC
Bankr. C.D. Cal. Case No. 25-11913
Chapter 11 Petition filed July 14, 2025
See
https://www.pacermonitor.com/view/75CLQYQ/Plaza_Mexico_Residences_LLC__cacbke-25-11913__0001.0.pdf?mcid=tGE4TAMA
represented by: Jeffrey I. Golden, Esq.
GOLDEN GOODRICH LLP
E-mail: jgolden@go2.law
In re Plaza Mexico Residences II, LLC
Bankr. C.D. Cal. Case No. 25-11916
Chapter 11 Petition filed July 14, 2025
See
https://www.pacermonitor.com/view/5LCEVUQ/Plaza_Mexico_Residences_II_LLC__cacbke-25-11916__0001.0.pdf?mcid=tGE4TAMA
represented by: Jeffrey I. Golden, Esq.
GOLDEN GOODRICH LLP
E-mail: jgolden@go2.law
In re Quentin Izel Bessent
Bankr. M.D. Fla. Case No. 25-01330
Chapter 11 Petition filed July 14, 2025
In re UglyDucklingReno, LLC
Bankr. N.D. Fla. Case No. 25-30662
Chapter 11 Petition filed July 14, 2025
See
https://www.pacermonitor.com/view/XPJLKIA/UglyDucklingReno_LLC__flnbke-25-30662__0001.0.pdf?mcid=tGE4TAMA
represented by: Byron W. Wright III, Esq.
BRUNER WRIGHT, P.A.
E-mail: twright@brunerwright.com
In re Alberto Martinez
Bankr. N.D. Ill. Case No. 25-10639
Chapter 11 Petition filed July 14, 2025
represented by: Christina Corona, Esq.
In re Bernard P. Griffin
Bankr. S.D.N.Y. Case No. 25-22645
Chapter 11 Petition filed July 14, 2025
represented by: H. Bronson, Esq.
In re Thomas Gorman
Bankr. S.D.N.Y. Case No. 25-22643
Chapter 11 Petition filed July 14, 2025
represented by: H. Bronson, Esq.
In re Thomas A. Fogarty
Bankr. S.D.N.Y. Case No. 25-22646
Chapter 11 Petition filed July 14, 2025
represented by: H. Bronson, Esq.
In re Jorge Efrain Rodriguez-Wilson
Bankr. D.P.R. Case No. 25-03155
Chapter 11 Petition filed July 14, 2025
represented by: Hector Pedrosa, Esq.
In re C & T Oilfield Services, Inc.
Bankr. S.D. Tex. Case No. 25-33974
Chapter 11 Petition filed July 14, 2025
See
https://www.pacermonitor.com/view/CSE7BUQ/C__T_Oilfield_Services_Inc__txsbke-25-33974__0001.0.pdf?mcid=tGE4TAMA
represented by: Richard L Fuqua, II, Esq.
FUQUA & ASSOCIATES, P.C.
E-mail: fuqua@fuqualegal.com
In re 1524 CC RD LLC
Bankr. W.D. Va. Case No. 25-50402
Chapter 11 Petition filed July 14, 2025
See
https://www.pacermonitor.com/view/HJVB2YI/1524_CC_RD_LLC__vawbke-25-50402__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 1528 CC RD LLC
Bankr. W.D. Va. Case No. 25-50403
Chapter 11 Petition filed July 14, 2025
See
https://www.pacermonitor.com/view/ENKDLKQ/1528_CC_RD_LLC__vawbke-25-50403__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 1524 CC RD LLC
Bankr. W.D. Va. Case No. 25-50402
Chapter 11 Petition filed July 14, 2025
See
https://www.pacermonitor.com/view/HJVB2YI/1524_CC_RD_LLC__vawbke-25-50402__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Maria De La Luz Morales De Gonzalez
Bankr. N.D. Cal. Case No. 25-51055
Chapter 11 Petition filed July 15, 2025
In re Mohammad Minhaj Khokhar
Bankr. N.D. Cal. Case No. 25-51054
Chapter 11 Petition filed July 15, 2025
represented by: Marc Voisenat, Esq.
In re Brent Sanders Herron
Bankr. D. Colo. Case No. 25-14392
Chapter 11 Petition filed July 15, 2025
represented by: Edward Levy, Esq.
In re Todd Creek Farms Home Owners Association, Inc.
Bankr. D. Colo. Case No. 25-14385
Chapter 11 Petition filed July 15, 2025
See
https://www.pacermonitor.com/view/AZCHSMA/Todd_Creek_Farms_Home_Owners_Association__cobke-25-14385__0001.0.pdf?mcid=tGE4TAMA
represented by: Jeffrey A. Weinman, Esq.
ALLEN VELLONE WOLF HELFRICH & FACTOR,
P.C.
E-mail: jweinman@allen-vellone.com
In re Rafael Benavente
Bankr. S.D. Fla. Case No. 25-18072
Chapter 11 Petition filed July 15, 2025
represented by: Yamileth Valencia, Esq.
In re TOB LLC
Bankr. N.D. Ill. Case No. 25-10667
Chapter 11 Petition filed July 15, 2025
See
https://www.pacermonitor.com/view/U4M63CY/TOB_LLC__ilnbke-25-10667__0001.0.pdf?mcid=tGE4TAMA
represented by: Keevan D. Morgan, Esq.
MORGAN & BLEY, LTD.
E-mail: kmorgan@morganandbleylimited.com
In re ICON, L.L.C.
Bankr. D. Md. Case No. 25-16451
Chapter 11 Petition filed July 15, 2025
See
https://www.pacermonitor.com/view/YFITCSY/ICON_LLC__mdbke-25-16451__0001.0.pdf?mcid=tGE4TAMA
represented by: Douglas N. Gottron, Esq.
MORRIS PALERM, LLC
E-mail: dgottron@morrispalerm.com
In re Legacy Memorial LLC
Bankr. S.D. Miss. Case No. 25-51007
Chapter 11 Petition filed July 15, 2025
See
https://www.pacermonitor.com/view/OE26S5A/Legacy_Memorial_LLC__mssbke-25-51007__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Lori R Rosenberg
Bankr. E.D.N.Y. Case No. 25-72728
Chapter 11 Petition filed July 15, 2025
represented by: Nico Pizzo, Esq.
In re Stephen Michael Dillon and Erin Kay Dillon
Bankr. E.D.N.C. Case No. 25-02693
Chapter 11 Petition filed July 15, 2025
represented by: Richard Cook, Esq.
In re Antoine Gardiner
Bankr. E.D. Pa. Case No. 25-12824
Chapter 11 Petition filed July 15, 2025
represented by: Jonathan H. Stanwood, Esq.
In re Edward James Riddle and Sharon Kay Riddle
Bankr. W.D. Tenn. Case No. 25-10954
Chapter 11 Petition filed July 15, 2025
represented by: C. Jerome Teel Jr., Esq.
In re Boston Trade Center Inc.
Bankr. D. Mass. Case No. 25-11464
Chapter 11 Petition filed July 16, 2025
See
https://www.pacermonitor.com/view/KAW5WBA/Boston_Trade_Center_Inc__mabke-25-11464__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
*********
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
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are not intended to reflect actual trades. Prices for actual
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