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T R O U B L E D C O M P A N Y R E P O R T E R
Wednesday, July 30, 2025, Vol. 29, No. 210
Headlines
100 PERCENT CHIROPRACTIC: Seeks Subchapter V Bankruptcy in Georgia
1400 SG ASSOCIATES: Secured Party Sets Sept. 4 Auction
ADVENT TECHNOLOGIES: Registers 339K Shares Under 2021 Equity Plan
ALTICE USA: BlackRock Holds 6.4% of Class A Shares
ALTICE USA: Subsidiary Secures $1B Loan Backed by NYC Assets
AMERICA'S GARDENING: Hires Tower Partners as Investment Banker
AMERICA'S GARDENING: Taps Aurora Management and David Baker as CRO
AQUA METALS: Shareholders Approve All Proposals at Annual Meeting
ARTIFICIAL INTELLIGENCE: CEO Signs Term Sheet for $5M Credit Line
AVALON GLOBOCARE: Closes $475K Sale of Securities to Brown Stone
BARROW SHAVER: Plan Exclusivity Period Extended to September 29
BC2 BEAUMONT: Former Marriott Courtyard Slated for Auction
BEARSVILLE LLC: Secured Party to Sell 100% Interest on Aug. 1
BECKHAM JEWELRY: Seeks to Extend Plan Exclusivity to September 26
BESTWALL LLC: Lawyers, Advisers Reap $490MM from Bankruptcy
BIG LOTS: Plan Exclusivity Period Extended to October 4
BOOKS INC: Seeks to Extend Plan Exclusivity to September 26
BYJU'S ALPHA: Mediation Not Appropriate in Camshaft, et al. Case
CADUCEUS PHYSICIANS: Seeks to Extend Plan Exclusivity to Sept. 24
CAREERBUILDER + MONSTER: Court OKs Voluntary Chap. 11 Sale Process
CARVANA CO: BlackRock Holds 5.5% of Class A Shares as of June 30
CBRM REALTY: Hilco Puts Pittsburgh Property Up for Sale
CBRM REALTY: Housing Portfolio in Bankruptcy Sale, Bids Due Aug 14
CENTENNIAL HOUSING: Seeks to Extend Plan Exclusivity to Sept. 24
CHABAD OF GRAMERCY: Plan Exclusivity Period Extended to September 5
CHARTER SCHOOL: Funder Has Court OK to Sell Biz for $80MM in Ch. 11
CIMG INC: Bid Price Rule Noncompliance Triggers New Nasdaq Warning
CIMG INC: Names Ambassadors for Huomao Expansion
CONCORDE METRO: Seeks to Extend Plan Exclusivity to October 20
CORONET CERAMICS: To Sell Apex Property to Nelson Family for $2.2MM
CORVIAS CAMPUS: Eversheds & Potter Anderson Advise Noteholder Group
CYTODYN INC: Reports FY2025 $3.75M Net Income as Expenses Drop
DATAVAULT AI: Acquires Inaudible Audio IP From Turner Global Media
DATAVAULT AI: Signs Definitive Agreement to Acquire API Media
DEQSER LLC: Seeks to Extend Plan Exclusivity to November 6
DESKTOP METAL: Files Bankruptcy Protection Under Chapter 11
DESKTOP METAL: Files for Chapter 11 to Pursue Sale
DESKTOP METAL: Seeks Chapter 11 Bankruptcy in Texas
DESKTOP METAL: Seeks Sale via Court-Supervised Bankruptcy
DESKTOP METAL: To Sell Equity Interest to Anzu Special Acquisition
DIOCESE OF ROCHESTER: CNA Loses Bid to File Objections Under Seal
DOUBLE T STEEL: Seeks Subchapter V Bankruptcy in Texas
DOUBLESHOT HOLDINGS: Gets Interim OK to Use Cash Collateral
ESSENZA EDGEWATER: Case Summary & One Unsecured Creditor
FAIRFIELD SENTRY: Rothschild Loses Bid to Dismiss Adversary Case
FELTRIM BALMORAL: Gets Extension to Access Cash Collateral
FTX TRADING: Judge to Consider if Prosecutors Breached Plea Promise
GENESIS HEALTHCARE: Section 341(a) Meeting of Creditors on Aug. 18
GLOBAL CLEAN ENERGY: Court Confirms Reorganization Plan
GYLMAR DEVELOPMENTS: Case Summary & Nine Unsecured Creditors
HALL LABS: Wrongful Death Claims Transferred to Utah Court
HERTZ CORP: Allspring Multi-Sector Marks $748,000 Loan at 23% Off
HUBBARD RADIO: Allspring MultiSector Marks $940,000 Loan at 35% Off
HYPERION DEFI: Securityholders May Offer Up to 50.8M Common Shares
HYPERSCALE DATA: Plans $125M Offering via Shelf Registration
ICORECONNECT INC: To Sell Software Biz to Colortech Holdings
ILUSTRATO PICTURES: Faces OTC Downgrade Amid Delayed Filings
INDIAN CREEK: Case Summary & 12 Unsecured Creditors
INNOVATE CORP: Launches Debt Refinancing to Extend 2026 Maturities
IQSTEL INC: Reports $128.8M H1 Revenue, Eyes $400M Run Rate in Q3
IROBOT CORP: BlackRock Holds 2.0% Stake as of June 30
J.C. PENNEY: Plan Trust Selling 119 Stores for $947,000,000
JOSEPH G. BABA DDS: Case Summary & 20 Largest Unsecured Creditors
KDZ REALTY: Seeks Subchapter V Bankruptcy in Virginia
KS MATTSON: Taps Stapleton Group as Operations and Asset Manager
LAUREL CREEK: Seeks Chapter 11 Bankruptcy in California
LIVEONE INC: BlackRock Holds 1.3% Stake as of June 30
LIVEONE INC: Closes $9.5 Million Public Offering With Lucid Capital
LIVEONE INC: Registers 7.99M Common Shares for Resale
M DESIGN: Wins Bid to Dismiss Dual, 7even Counterclaims
M.L.B. DESIGNS: Case Summary & 20 Largest Unsecured Creditors
MAIBACH ENERGY: Locomotive Sale to Rail Engineering for $50K OK'd
MALLORY MADISON: Seeks Chapter 11 Bankruptcy in Florida
MCA NAPLES: To Sell Naples Property to Sunrise Fund for $7.6MM
MEDICAL PROPERTIES: BlackRock Holds 13.1% Stake as of June 30
MMRE MANAGEMENT: Seeks Chapter 11 Bankruptcy in New York
MODIVCARE INC: BlackRock Holds 2.2% Stake as of June 30
NABORS INDUSTRIES: BlackRock Holds 6.6% Stake as of June 30
NANOVIBRONIX INC: Shareholders OK Reverse Split Up to 1-for-50
NEW FORTRESS: BlackRock Holds 6.7% of Class A Shares as of June 30
NEW YORK CONCOURSE: Seeks Chapter 11 Bankruptcy in New Jersey
NORTHVOLT AB: Lyten Raises to Finance to Purchase Co.'s Assets
OAKTREE OCALA: Case Summary & 17 Unsecured Creditors
OAKTREE OCALA: Files for Chapter 11 Due to Dispute With Lender
OCUGEN INC: BlackRock Holds 1.9% Stake as of June 30
ORYX OILFIELD: Court Confirms Second Amended Reorganization Plan
PEARL RESOURCES: May Appeal $40M Judgment Against Texas to 5th Cir
PEGGY NESTOR: Appeal in Berger Case Dismissed with Prejudice
POWER REIT: Annual Shareholder Meeting Scheduled for Aug. 27
PREDICTIVE ONCOLOGY: Granted Nasdaq Extension to Meet Listing Rules
PREDICTIVE ONCOLOGY: Recasts 10-K Following Eagan Biz Sale
PREDICTIVE ONCOLOGY: Registers 1.92M Shares for Resale via SEPA
PROSPECT MEDICAL: Seeks Additional $55MM to Fund Bankruptcy
PROSPECT MEDICAL: Yale New Haven's Lawsuit Remanded to State Court
QSH/SANDERS GLEN: S&P Raises 2018A-B Revenue Bond Rating to 'BB-'
RAND PARENT: S&P Affirms 'BB-' Rating on Fungible Term Loan Add-On
RED RIVER:J&J Bid to Inspect Beasley Talc Litigation Funding Tossed
ROCK N CONCEPTS: Plan Exclusivity Period Extended to September 16
S&W SEED: Mountain Ridge to Sell Collateral After $19M Loan Default
SADIE ROSE: Oceanside Bakery, Equipment in Chapter 11 Sale
SAFE & GREEN: Swaps Warrants for 60,000 Series B Preferred Shares
SALT LAKE CITY DISTILLERY: Cash Collateral Hearing Set for July 31
SAMSARA LUGGAGE: Targets Q4 for Filings, Eyes Uplist Post-Audit
SD BACKYARD: Seeks Court Approval to Hire NGS LLP as Accountants
SENMIAO TECHNOLOGY: To Implement 1-for-10 Reverse Split
SHARPLINK GAMING: Expands ATM Offering to $6B With Forward Sales
SIBUNA GROUP: Seeks Chapter 11 Bankruptcy in Georgia
SMITH MICRO: Closes $1.5M Shelf Takedown, Warrant Placement
SOLUNA HOLDINGS: Intracoastal Capital, 2 Others Hold 9.99% Stake
SOUTHWEST FIRE: Case Summary & 15 Unsecured Creditors
SPIRIT AIRLINES: To Layoff 200 Pilots, To Demote 100+ Others
STONE DELUXE: Court OKs Deal to Use Cash Collateral Until Sept. 16
TERRAFORM LABS: Dentons US Stalls Discovery in Ch. 11, Court Told
TONIX PHARMACEUTICALS: BlackRock Holds 5.7% Stake as of June 30
TRINSEO PLC: BlackRock Holds 6.3% Stake as of June 30
UNIVERSAL BIOCARBON: Seeks to Extend Plan Exclusivity to Sept. 26
VALVES AND CONTROLS: Seeks Chapter 11 Bankruptcy in Delaware
VESTTOO LTD: STL Namos Can Intervene in Goldeneye v. Hanaco Case
WASH BIDCO: S&P Assigns 'B+' ICR on Acquisition by Northleaf
WELLPATH HOLDINGS: Court Nixes Creditors' Ch. 11 Plan Releases Bid
WELLPATH HOLDINGS: Dr. Angela Joseph Dismissed from Labadie Case
WHITEEAGLE PROPERTIES: Case Summary & Six Unsecured Creditors
WHITEHALL PHARMACY: Gets Interim OK to Use Cash Collateral
WINDTREE THERAPEUTICS: Inks $60M Private Placement
X4 PHARMACEUTICALS: BlackRock Holds 3% Stake as of June 30
[] Jackson Walker Settles w/ Seadrill on Judge Romance Case
[] Newsbury Storage Facility Up for Sale on Aug. 19
[] Portage Point Adds Albergotti as Turnaround & Restructuring MD
[] Three Florida Dolphin Aquariums Up For Sale
[^] 2025 Distressed Investing Conference: Registration Now Open!
*********
100 PERCENT CHIROPRACTIC: Seeks Subchapter V Bankruptcy in Georgia
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On July 24, 2025, 100 Percent Chiropractic Foster LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for the Northern
District of Georgia. According to court filing, the Debtor reports
between $1 million and $10 million in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
About 100 Percent Chiropractic Foster LLC
100 Percent Chiropractic Foster LLC, operating as 100% Chiropractic
West Cobb, is a healthcare provider specializing in chiropractic
services at their Marietta, Georgia location.
100 Percent Chiropractic Foster LLC sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case
No. 25-58291) on July 24, 2025. In its petition, the Debtor
reports estimated assets between $500,000 and $1 million and
estimated liabilities between $1 million and $10 million .
The Debtor is represented by Will B. Geer, Esq. at Rountree Leitman
Klein & Geer LLC.
1400 SG ASSOCIATES: Secured Party Sets Sept. 4 Auction
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Tower Place Holdco LLC ("secured party") will offer for sale at
public auction 100% of the partnership interests held by 460 North
Road Broad GP LLC and 1400 SG Genpar Inc. ("mezzanine borrower") in
1400 SG Associates LP ("pledged entity").
The sale will tale place on Sept. 4, 2025, at 3:00 p.m. Eastern
Time in person in front of the New York Supreme Court located at 60
Centre St., New York, New York, and virtually via online video
conference. The URL address and password for the online video
conference will be provided to registered participants.
The sale is being made in connection with the foreclosure on a
pledge of the collateral to the secured party by mezzanine borrower
under the pledge agreement, pursuant to which mezzanine borrower
has granted to secured party a first priority lien on the
collateral as collateral for the loan in the original principal
amount of $7.75 million ("mezzanine loan") from secured party to
mezzanine borrower. The mezzanine borrower loan was made pursuant
to that certain loan agreement dated June 29, 2022, by and between
mezzanine borrower and secured party.
The online datasite for the sale is available at
https://rimarketplace.com/listing/98885/philadelphia-multifamily-ucc-foreclosure-sale
Further information regarding the sale contact: John Daniel at
(312) 224-3260 or email at john.daniels@nmrk.com
ADVENT TECHNOLOGIES: Registers 339K Shares Under 2021 Equity Plan
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Advent Technologies Holdings, Inc. filed a Registration Statement
on Form S-8 with the U.S. Securities and Exchange Commission for
the purpose of registering an additional 338,776 shares of the
Company's common stock, $0.0001 par value per share, issuable
pursuant to the Advent Technologies Holdings, Inc. 2021 Equity
Incentive Plan (as amended).
The shares being registered pursuant to this Registration Statement
are the same class as other securities for which registration
statements relating to the 2021 Plan were filed with the SEC on
June 10, 2021.
Advent Technologies may be reached through:
Gary Herman
Chief Executive Officer
Advent Technologies Holdings, Inc.
5637 La Ribera St., Suite A
Livermore, CA 94550
Tel: (925) 455-9400
A full-text copy of the Registration Statement is available at
https://tinyurl.com/4pkmsmry
About Advent Technologies
Headquartered in Livermore, Calif., Advent Technologies Holdings,
Inc. is an advanced materials and technology development company
operating in the fuel cell and hydrogen technology space. Advent
develops, manufactures and assembles the critical components that
determine the performance of hydrogen fuel cells and other energy
systems. To date, Advent's principal operations have been to
develop and manufacture Membrane Electrode Assembly (MEA), and fuel
cell stacks and complete fuel cell systems for a range of customers
in the stationary power, portable power, automotive, aviation,
energy storage and sensor markets.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated June 6, 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 yet to achieve profitable operations, has negative cash
flows from operating activities, and is dependent upon future
issuances of equity or other financings to fund ongoing operations
all of which raises substantial doubt about its ability to continue
as a going concern.
As of December 31, 2024, the Company had $8 million in total
assets, $29.3 million in total liabilities, and $21.3 million in
total stockholders' deficit.
ALTICE USA: BlackRock Holds 6.4% of Class A Shares
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BlackRock, Inc., disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of June 30, 2025, it
beneficially owns 18,135,603 shares of Altice USA, Inc.'s Class A
Stock, representing approximately 6.4% of the shares outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/44pz79hs
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."
ALTICE USA: Subsidiary Secures $1B Loan Backed by NYC Assets
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Altice USA, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that Cablevision Funding LLC, an
indirect wholly owned subsidiary of the Company, entered into a
Receivables Facility Loan and Security Agreement, by and among the
Borrower, certain guarantors party thereto, Goldman Sachs Bank USA
and certain funds managed by TPG Angelo Gordon as initial lenders,
Goldman Sachs Bank USA and TPG Angelo Gordon as structuring agents,
Alter Domus (US) LLC as administrative agent, and Citibank, N.A. as
collateral agent and account bank.
The obligations under the Loan and Security Agreement are secured
by substantially all of the assets of the Borrower and the
Guarantors, consisting of, among other things, certain receivables
generated by the Company's Bronx and Brooklyn service area and
network assets located in that area.
The Loan and Security Agreement provides for, among other things,
initial term loan commitments in an aggregate principal amount of
$1,000 million, issued with an original issue discount of 400 basis
points. The loans made pursuant to the initial term loan
commitments will:
(i) mature on January 16, 2031;
(ii) accrue interest at a fixed rate per annum equal to 8.875%;
and
(iii) amortize monthly at a rate of 2.000% per annum.
The proceeds from the Initial Term Loans are expected to be used
to:
(i) finance working capital, to prepay indebtedness and for
other general corporate purposes,
(ii) fund the Borrower's interest reserve account with the
minimum interest reserve amount in accordance with the terms of the
Loan and Security Agreement, and
(iii) pay certain costs associated with the transactions.
The foregoing summary of the terms of the Loan and Security
Agreement is qualified in its entirety by reference to full text of
the Loan and Security Agreement, which is available at
https://tinyurl.com/2avbtb8n
About Altice USA Inc.
Altice USA, Inc. is an American cable television provider.
As of December 31, 2024, Altice USA had $31.7 billion in total
assets, $32.16 billion in total liabilities, and a total deficiency
of $456.8 million.
* * *
As reported by the TCR on May 17, 2024, S&P Global Ratings lowered
all its ratings on Altice USA Inc. one notch, including the Company
credit rating to 'CCC+', and removed them from Credit Watch, where
it placed them with negative implications on May 2, 2024. The
negative outlook reflects that S&P could lower its ratings if the
company opts to pursue a debt restructuring over the next year.
S&P said, "We believe Altice USA's capital structure is
unsustainable. We believe the company is vulnerable to nonpayment
long term and depends on favorable business, financial, and
economic conditions to meet its financial obligations as they come
due in 2027 and beyond. We believe it is more likely than not that
Altice USA will enter into a distressed debt restructuring that we
consider tantamount to default, or it could face bankruptcy long
term."
AMERICA'S GARDENING: Hires Tower Partners as Investment Banker
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America's Gardening Resource, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Delaware to retain Tower
Partners, LLC to serve as investment banker in its Chapter 11
case.
Tower Partners will provide these services:
(a) work with the Debtors to devise the best course of action
to effectuate the desired outcome for the Debtors;
(b) conduct due diligence on the Debtors' businesses;
(c) create a marketing plan;
(d) create financial modeling to aid in the Transaction;
(e) work with third party professionals and creditors;
(f) prepare marketing materials, including a confidential
information presentation and secure due diligence data room;
(g) endeavor to locate parties who may have an interest in a
Transaction with the Debtors;
(h) circulate materials, as approved by the Debtors, to
facilitate a Transaction;
(i) respond to, communicate with, and negotiate with interested
parties and make recommendations on offers;
(j) communicate regularly with the Debtors on marketing
efforts;
(k) advise on handling specific issues in marketing the
business; and
(l) perform related services necessary to maximize sale
proceeds.
Tower Partners will be compensated under these structure:
(a) Monthly fee of $10,000 for six months (total of $30,000 paid
prepetition);
(b) Transaction Fee of the greater of $500,000; 5% of total
transaction value in a debt financing; or 6% in a
merger/acquisition;
(c) Reimbursement of reasonable expenses, with pre-approval
required for amounts over $2,500.
Tower Partners 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:
TOWER PARTNERS
5950 Symphony Woods Rd. Suite 302
Columbia, MD 21044
Telephone: (443) 325-5290
Email: info@towerpartners.com
About America's Gardening Resource, Inc.
America's Gardening Resource, Inc. sought protection under Chapter
11 of the Bankruptcy Code (Bankr. D. Del. Case No. 25-11180) on
June 20, 2025.
At the time of the filing, Debtor had estimated assets of between
$1,000,001 to $10 million and liabilities of between $10,000,001 to
$50 million.
Judge Brendan Linehan Shannon oversees the case.
Cole Schotz P.C. is Debtor's legal counsel.
AMERICA'S GARDENING: Taps Aurora Management and David Baker as CRO
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America's Gardening Resource, Inc., and its affiliated debtors seek
approval from the U.S. Bankruptcy Court for the District of
Delaware to retain Aurora Management Partners Inc. to provide
restructuring advisory services and designate David M. Baker as
Chief Restructuring Officer in their Chapter 11 proceedings.
As CRO, Mr. Baker will:
(a) communicate directly with the Debtors' lenders, customers,
suppliers, and stakeholders regarding business operations and
finances;
(b) manage the Debtors' liquidity, including cash flow projections,
cost-saving opportunities, and vendor payables;
(c) oversee the marketing and sale of the Debtors' plant locations
and related assets;
(d) enter into or modify lease agreements and vendor contracts as
necessary;
(e) hire or terminate employees or professionals needed for the
restructuring; and
(f) execute a restructuring plan in consultation with the Board,
which may include strategic alternatives such as asset sales or
reorganization.
AMP will bill the Debtors based on hourly rates ranging from $250
to $820 depending on the assigned professional's level. The Debtors
paid AMP a prepetition retainer of $150,000, with a remaining
balance of $75,273 as of the petition date. AMP will also seek
reimbursement for reasonable out-of-pocket expenses such as travel,
lodging, and communication.
According to the Debtors and the accompanying declaration, AMP is a
"disinterested person" as defined in Section 101(14) of the
Bankruptcy Code and holds no interest materially adverse to the
Debtors' estates.
The firm can be contacted at:
Aurora Management Partners Inc.
128 Intervale Road
Burlington, Vermont 05401
About America's Gardening Resource, Inc.
America's Gardening Resource, Inc. sought protection under Chapter
11 of the Bankruptcy Code (Bankr. D. Del. Case No. 25-11180) on
June 20, 2025.
At the time of the filing, the Debtors estimated assets of between
$10 million and $50 million and liabilities of the same range.
Judge Brendan Linehan Shannon oversees the case.
Cole Schotz P.C. is Debtor's legal counsel.
AQUA METALS: Shareholders Approve All Proposals at Annual Meeting
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Aqua Metals Inc. said in a Form 8-K filing with the Securities and
Exchange Commission that shareholders approved all six proposals at
its July 22, 2025, annual meeting:
* Elected Vincent DiVito, Stephen Cotton, Steve Henderson, and
Eric Gangloff as directors to serve until the 2026 annual meeting
* Approved the potential sale of up to $10 million in common
stock under agreement with Lincoln Park Capital for Nasdaq
compliance
* Aporoved an amendment to First Amended and Restated Certificate
of Incorporation to allow a reverse split at a ratio between
1-for-2 and 1-for-10, at the Board's discretion
* Approved Share increase under the 2019 Stock Incentive Plan
* Ratified Forvis Mazars LLP as independent auditor for fiscal
2025
* Approved, on an advisory basis, the compensation of the
Company's named executive officers, as disclosed in the Company's
2025 Proxy Statement
Aqua Metals
Headquartered in Reno, Nevada, Aqua Metals, Inc. develops recycling
solutions for lead and lithium-ion batteries using a proprietary
water-based technology called AquaRefining. The Company's
electrochemical process enables low-emissions, closed-loop recovery
of high-purity metals without the use of furnaces or hazardous
chemicals. It operates modular systems known as "Aqualyzers" to
support sustainable energy storage applications.
In an audit report dated March 31, 2025, Forvis Mazars, LLP issued
a "going concern" qualification citing that the Company has
incurred substantial operating losses and negative cash flows from
operations since inception that raise substantial doubt about its
ability to continue as a going concern.
For the years ended Dec. 31, 2024 and 2023, the Company reported a
net loss of $24,555,000 and $23,938,000, respectively, and cash
used in operations of $13,632,000 and $3,193,000 (inclusive of
$12,278,000 of non-recurring proceeds from the sale of real
estate), respectively. As of Dec. 31, 2024, the Company had cash
and cash equivalents of approximately $4,079,000, a working capital
deficit of approximately $(3,538,000) and an accumulated deficit of
$247,770,000. In addition to cash required to fund operating
activities, within the next 12 months, the Company will be required
to pay cash to settle notes payable of $3,000,000 on April 27, 2025
and $1,500,000 on Dec. 31, 2025. The Company has not generated
revenues from commercial operations over the two years ended Dec.
31, 2024 and 2023, except for nominal sales of lead finished goods,
and expects to continue incurring losses for the foreseeable
future.
Management believes that the Company does not have sufficient
capital resources to sustain operations through at least the next
twelve months from March 31, 2025. Additionally, in view of the
Company's expectation to incur significant losses for the
foreseeable future it will be required to raise additional capital
resources in order to fund its operations, although the
availability of, and the Company's access to such resources, is not
assured.
ARTIFICIAL INTELLIGENCE: CEO Signs Term Sheet for $5M Credit Line
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Artificial Intelligence Technology Solutions, Inc. announced that
CEO and Steve Reinharz has signed a term sheet, subject to a
definitive executed agreement, outlining a revolving credit
facility of up to $5 million.
The facility, once finalized, will be provided by a
well-established lender with more than 20 years of operating
history. The term sheet was executed following extensive due
diligence completed by both parties as well as several term sheet
adjustments prior to mutual acceptance.
The proposed facility is structured with an interest rate of
approximately 14% plus related fees, featuring interest-only
payments plus fees for the first year. This arrangement, once
completed, is expected to offer AITX flexible access to growth
capital without the immediate burden of principal repayment.
"Careful selection and negotiation lead us to this point with this
lender. The credit facility, when closed, will allow us to build
inventory and finished goods without the need to fund inventory
from stock sales to our institutional investor commonly understood
as dilution," commented Reinharz. "I appreciate the diligence both
parties demonstrated throughout this process, and we hope to
announce completion of this deal in the next few weeks."
Investors and stakeholders interested in learning more about AITX,
its subsidiaries, and its strategic growth plans are encouraged to
download the Company's latest Corporate Profile, available at
www.aitx.ai/request-aitx-company-profile.
AITX, through its primary subsidiary, Robotic Assistance Devices,
Inc. (RAD-I), is redefining the nearly $50 billion (US) security
and guarding services industry1 through its broad lineup of
innovative, AI-driven Solutions-as-a-Service business model. RAD-I
solutions are specifically designed to provide cost savings to
businesses of between 35%-80% when compared to the industry's
existing and costly manned security guarding and monitoring model.
RAD-I delivers these tremendous cost savings via a suite of
stationary and mobile robotic solutions that complement, and at
times, directly replace the need for human personnel in
environments better suited for machines. All RAD-I technologies,
AI-based analytics and software platforms are developed in-house.
The Company's operations and internal controls have been validated
through successful completion of its SOC 2 Type 2 audit,
reinforcing the Company's credibility with enterprise and
government clients who require strict data protection and security
compliance.
RAD has a prospective sales pipeline of over 35 Fortune 500
companies and numerous other client opportunities. RAD expects to
continue to attract new business as it converts its existing sales
opportunities into deployed clients generating a recurring revenue
stream. Each Fortune 500 client has the potential of making
numerous reorders over time.
About Artificial Intelligence Technology
Headquartered in Ferndale, Mich., Artificial Intelligence
Technology Solutions Inc. is an innovator in the delivery of
artificial intelligence-based solutions that empower organizations
to gain new insight, solve complex challenges, and fuel new
business ideas. Through its next-generation robotic product
offerings, AITX's RAD, RAD-R, RAD-M, and RAD-G companies help
organizations streamline operations, increase ROI, and strengthen
business. AITX technology improves the simplicity and economics of
patrolling and guard services, allowing experienced personnel to
focus on more strategic tasks. Customers augment the capabilities
of existing staff and gain higher levels of situational awareness,
all at drastically reduced costs. AITX solutions are well-suited
for use in multiple industries such as enterprises, government,
transportation, critical infrastructure, education, and
healthcare.
Deer Park, Illinois-based L J Soldinger Associates, LLC, the
Company's auditor since 2019, issued a "going concern"
qualification in its report dated May 29, 2025, attached to the
Company's Annual Report on Form 10-K for the fiscal year ended
February 28, 2025, citing that the Company had negative cash flow
from operating activities of approximately $12.2 million, an
accumulated deficit of approximately $156.5 million and negative
working capital of approximately $2.5 million as of and for the
year ended February 28, 2025, which raises substantial doubt about
its ability to continue as a going concern.
AVALON GLOBOCARE: Closes $475K Sale of Securities to Brown Stone
----------------------------------------------------------------
Avalon GloboCare Corp. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
entered into that certain securities purchase agreement with an
accredited investor, Brown Stone Capital Ltd., pursuant to which
the Company agreed to issue and sell to the Investor, upon the
terms and conditions set forth in the Securities Purchase
Agreement, 121,200 shares of the Company's common stock, par value
$0.0001 per share, and pre-funded warrants to purchase 354,300
shares of Common Stock, subject to appropriate adjustments for any
stock dividend, stock split, stock combination, rights offerings,
reclassification or similar transaction that proportionately
decreases or increases the Common Stock, in exchange for $475,500.
The total number of shares of Common Stock issuable pursuant to the
Warrants is 354,300 shares.
The closing of the transaction occurred on July 17, 2025, which is
when the Company received net proceeds of $450,500 after deducting
offering expenses.
In connection with the transaction, the Company and the Investor
entered into a registration rights agreement, pursuant to which the
Company agreed to register the Shares and the shares of Common
Stock underlying the Warrants pursuant to a registration statement
on Form S-1 (or other appropriate form) under the Securities Act of
1933, as amended. The Company agreed to file the registration
statement on or before the earlier of:
(i) fifteen (15) calendar days from the date that the SEC
first declares the Company's Form S-4 (File No. 333-286738)
effective or
(ii) September 26, 2025, and to use its reasonable best efforts
to have the registration statement declared effective by the SEC
within thirty (30) calendar days from the date that the
registration statement is first filed (which will increase to
seventy-five (75) calendar days in the event of a SEC review).
The Company also granted piggy-back registration rights with
respect to the Shares and Warrant Shares to the Investor in the
Securities Purchase Agreement.
On July 15, 2025, the Company issued an aggregate of 515,109 shares
of Common Stock to a certain noteholder upon conversions of its
note.
Following the issuance of the Conversion Shares, as of July 15,
2025, the Company's issued and outstanding Common Stock share count
was 2,954,193 (excluding the Shares and Warrant Shares).
About Avalon Globocare
Avalon Globocare Corp., based in Freehold, New Jersey, develops and
markets precision diagnostic consumer products and cellular therapy
intellectual property. The Company currently sells the KetoAir
breathalyzer, a U.S. FDA-registered Class I medical device, and
plans to expand its diagnostic applications. It also owns and
manages commercial real estate at its headquarters.
In an audit report dated March 31, 2025, M&K CPAS, PLLC issued a
"going concern" qualification citing that the Company has yet to
achieve profitable operations, has negative cash flows from
operating activities, and is dependent upon future issuances of
equity or other financings to fund ongoing operations, all of which
raises substantial doubt about its ability to continue as a going
concern.
Avalon Globocare incurred net losses amounting to approximately
$7.9 million and $16.7 million for the years ended Dec. 31, 2024
and 2023, respectively. As of Dec. 31, 2024, the Company had an
accumulated deficit of approximately $87.7 million.
BARROW SHAVER: Plan Exclusivity Period Extended to September 29
---------------------------------------------------------------
Judge Alfredo R. Perez of the U.S. Bankruptcy Court for the
Southern District of Texas extended Barrow Shaver Resources Company
LLC's exclusive periods to file a plan of reorganization and obtain
acceptance thereof to September 29 and October 28, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtor explains that
the size and complexity of this Bankruptcy Case alone warrants the
requested extensions of the exclusivity periods. This Bankruptcy
Case involves a Debtor with $72,358,968.30 in scheduled
liabilities. Further compounding the complexity of issues faced by
the Debtor, many of the creditors purport to hold liens related to
the Debtor's oil and gas operations and those liens must be
carefully reviewed.
Critically, Debtor has made monumental strides in developing a
robust sale process. After the Debtor retained Chaffe & Associates,
Inc. as its investment banker, Chaffe contacted 152 parties
regarding the Debtor's assets. Forty parties executed
confidentiality agreements and received the confidential
information memorandum and access to the virtual data room. This
interest generated eight bid proposals, and six parties expressing
an interest in serving as a stalking horse.
However, it is obvious that the current exclusive period for filing
a chapter 11 plan will expire before the Debtor has had a
meaningful opportunity to begin, much less complete, that sale
process. The Debtor certainly cannot file a chapter 11 plan to
consummate the sale process before that exclusive period expires.
The sale process will be severely hindered if the Debtor must run
an auction process while at the same time addressing one or more
potential competing chapter 11 plans, with the resulting increase
in administrative expenses.
The Debtor claims that it is not seeking an extension of the
statutory exclusivity periods to pressure or prejudice creditors.
Instead, the Debtor seeks an extension of time to further engage
with its creditors, focus on maximizing the value of its assets
through the means approved by the Bidding Procedures Order, and
propose a chapter 11 plan in short order that will best serve the
interests of the Debtor and its stakeholders.
Barrow Shaver Resources Company, LLC is represented by:
Joseph E. Bain, Esq.
Sean T. Wilson, Esq.
Olivia K. Greenberg, Esq.
Elizabeth De Leon, Esq.
JONES WALKER LLP
811 Main Street, Suite 2900
Houston, Texas 77002
Telephone: (713) 437-1800
Facsimile: (713) 437-1810
E-mail: jbain@joneswalker.com
swilson@joneswalker.com
ogreenberg@joneswalker.com
edeleon@joneswalker.com
About Barrow Shaver Resources Company
Barrow Shaver Resources Company, LLC is a privately held,
independent oil and gas exploration and acquisition company based
in Tyler, Texas. Barrow Shaver is engaged in prospect generation,
producing properties acquisition, lease acquisition, assembly and
marketing of prospects for the exploration and development of oil
and natural gas in the prolific producing trends of the East Texas
and West Texas Basins.
Barrow Shaver Resources Company sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 24-33353) on
Aug. 19, 2024. In the petition signed by James Katchadurian, chief
restructuring officer, the Debtor disclosed up to $100 million in
both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
The Debtor tapped Jones Walker LLP as counsel, CR3 Partners, LLC as
financial advisor, and Kroll Restructuring Administration, LLC as
claims, noticing, and solicitation agent.
BC2 BEAUMONT: Former Marriott Courtyard Slated for Auction
----------------------------------------------------------
Daniel P. McLaughlin & Co. Auctioneers LLC scheduled a sale at
public auction on July 24, 2025, at 11:00 (Eastern Time) at Riemer
& Braunstein LLP, Time Square Tower, Suite 2506, Seven Times
Square, New York, New York 10036, all right, title and interest of
BC2 Beaumont LLC, in and to a certain loan arrangement between BC2
Beaumont LLC, as lender, and Dave Raj Brother LLP, as borrower, in
the original amount of $7,250,000 including a deed of trust,
security agreement and financing statement with respect to real
property located at 2275 Interstate 10 South, Beaumont, Texas.
The sale of loan secured by former Marriott Courtyard Hotel.
Terms of sale: $250,000 deposit in certified or bank cashier's
check will be required at the time and place of the sale in order
to qualify as a bidder. If you wish to bid remotely then the
deposit must be wired to the auctioneer prior to the bidding. The
balance will be due with 39 days at the offices of the Attorney for
the Mortgagee:
Phillip J. Block
Riemer & Braunstein LLP
71 South Wacker Drive
Suite 3515
Chicago, Illinois 60606
The auctioneer can be reached at:
Daniel P. McLaughlin & Co. LLC
Attn: Dan McLaughlin
77 Fourth Avenue, 3rd Floor
Waltan, MA 02451
Tel: 781-208-0377
Email: dan@mclaughlinco.com
For further information regarding the sale visit:
https://www.re-auctions.com/
BEARSVILLE LLC: Secured Party to Sell 100% Interest on Aug. 1
-------------------------------------------------------------
NuBridge Commercial Lending LLC ("secured party") will sell the
100% membership interest in Bearsville LLC owned by Richard Renehan
and pledged to NuBridge Commercial pursuant to the equity pledge
agreement dated Sept. 26, 2022, between Richard Renehan and
NuBridge Commercial to the highest qualified bidder via public
auction sale on Aug. 1, 2025, at 1:00 p.m.
The auction will take place at 815 Elm Street, Suite 5B,
Manchester, New Hampshire. Your are entitled to an accounting of
the unpaid indebtedness secured by the property that NuBridge
Commercial intends to sell.
You may request an account by calling Ron McMahan at Foundation
Speciality Finance at 603-316-2040.
BECKHAM JEWELRY: Seeks to Extend Plan Exclusivity to September 26
-----------------------------------------------------------------
Beckham Jewelry, LLC, asked the U.S. Bankruptcy Court for the
Southern District of Mississippi to extend its exclusivity periods
to file a plan of reorganization to September 26, 2025.
Pursuant to Section 1121(b) of the Bankruptcy Code the debtor is
required to file a plan not later than 90 days after the order for
relief unless extended by the Court. The current deadline for
filing the plan is August 12, 2025.
The Debtor explains that this motion is not intended to cause undue
delay in this proceeding, and granting the Debtor additional time
to file a Plan will not prejudice any party in interest.
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
BESTWALL LLC: Lawyers, Advisers Reap $490MM from Bankruptcy
-----------------------------------------------------------
Randi Love of Bloomberg Law reports that the attorneys and
financial advisers working on the bankruptcy of Georgia-Pacific's
affiliate, Bestwall LLC, have racked up nearly $490 million in fees
over the past eight years. While the amount is significant,
bankruptcy professionals say it's typical for a complex case
involving tens of thousands of asbestos-related claims, the report
said.
Bestwall's Chapter 11 case, filed in November 2017, is the
longest-running asbestos bankruptcy in the last decade, according
to the report. It highlights how professionals can collect
substantial compensation even as claimants with personal injury or
wrongful death suits remain uncertain about when or if they'll be
paid. In bankruptcy, professionals are generally paid ahead of
other creditors. the report noted. Georgia-Pacific spun off
Bestwall and placed it into bankruptcy to address widespread
litigation alleging its products contained cancer-causing asbestos.
The current restructuring proposal would establish a $1 billion
trust to resolve claims from approximately 64,000 individuals,
according to court filings.
Legal experts, according to the report, say the high fees aren't
unusual given the scope and complexity of the case. If the plan is
approved and delivers compensation, the benefits to claimants could
outweigh the administrative costs.
"Unless Congress changes the bankruptcy laws, professional fees in
these cases will remain high and will continue to be prioritized
over most other claims," said Greg Jones, a bankruptcy attorney at
Stradling Yocca Carlson & Rauth LLP.
The case could conclude in December 2024, when a judge is expected
to review the proposed plan. Meanwhile, a claimants' committee is
appealing the court's earlier decision not to dismiss the case,
alleging it was filed in bad faith, the report states.
Georgia-Pacific and Bestwall's legal teams declined to comment.
According to Bloomberg Law, some large bankruptcy cases appoint fee
examiners to monitor billing, but Bestwall has not. Even when used,
fee examiners typically reduce bills by only 5% to 7%, said Robert
Keach of Verrill Dana LLP, who served as the fee examiner in
Johnson & Johnson's LTL Management bankruptcy. Under Chapter 11
rules, debtors are responsible not only for their own legal
expenses but also those of official creditor committees, including
groups representing asbestos victims. Fee challenges are rare,
partly because creditor attorneys worry that debtor lawyers may
retaliate by disputing their own fees. Many also rely on the U.S.
Trustee, the Department of Justice's bankruptcy watchdog, to flag
any excessive charges.
"Challenging fees usually doesn't go far—and it might create more
problems than it solves," Keach noted.
Bestwall is also notable for being the first asbestos bankruptcy to
attempt the controversial "Texas Two-Step," a legal tactic
involving a divisional merger to shift liabilities. The strategy
has triggered extensive litigation and often results in high legal
bills for claimant attorneys, who must investigate the debtor's
assets. Since the bankruptcy began, Bestwall's professionals have
billed roughly $203 million. Lawyers and consultants for current
and future claimants have submitted nearly $287 million in total
fee requests, according to report.
Among them, Ankura Consulting Group LLC—adviser to future
claimants—has the highest billing at nearly $75.5 million.
Robinson & Cole LLP, representing the claimants' committee, follows
with about $74.5 million. Bestwall's asbestos consultants, Bates
White LLC, billed around $66.3 million. Rounding out the top five
are law firms Jones Day and Young Conaway Stargatt & Taylor LLP,
the report states.
Court records also show that Georgia-Pacific has spent roughly $2.9
billion to resolve more than 430,000 asbestos lawsuits over the
past four decades.
During a hearing before the U.S. Court of Appeals for the Fourth
Circuit in May 2025, Bestwall attorney Noel Francisco of Jones Day
noted that tens of thousands of claimants have died while waiting
for their cases to be resolved.
About Bestwall LLC
Bestwall LLC -- http://www.Bestwall.com/-- was created in an
internal corporate restructuring and now holds asbestos
liabilities. Bestwall's asbestos liabilities relate primarily to
joint systems products manufactured by Bestwall Gypsum Company, a
company acquired by Georgia-Pacific in 1965. The former Bestwall
Gypsum entity manufactured joint compounds containing small amounts
of chrysotile asbestos; the manufacture of these
asbestos-containing products ceased in 1977.
Bestwall's non-debtor subsidiary, GP Industrial Plasters LLC
("PlasterCo"), develops, manufactures, sells and distributes gypsum
plaster products, including gypsum floor underlayment, industrial
plaster, metal casting plaster, industrial tooling plaster, dental
plaster, medical plaster, arts and crafts plaster, pottery plaster
and general purpose plaster.
On Nov. 2, 2017, Bestwall sought Chapter 11 protection (Bankr.
W.D.N.C. Case No. 17-31795) in an effort to equitably and
permanently resolve all its current and future asbestos claims. The
Debtor estimated assets and debt of $500 million to $1 billion. It
has no funded indebtedness.
The Hon. Laura T. Beyer is the case judge.
The Debtor tapped Jones Day as bankruptcy counsel; Robinson,
Bradshaw & Hinson, P.A., as local counsel; Schachter Harris, LLP as
special litigation counsel for medicine science issues; King &
Spalding as special counsel for asbestos matters; and Bates White,
LLC, as asbestos consultants. Donlin Recano LLC is the claims and
noticing agent.
On Nov. 8, 2017, the U.S. bankruptcy administrator appointed an
official committee of asbestos claimants in the Debtor's case. The
committee retained Montgomery McCracken Walker & Rhoads, LLP as
legal counsel; and Hamilton Stephens Steele + Martin, PLLC and JD
Thompson Law as local counsel.
On Feb. 22, 2018, the court approved the appointment of Sander L.
Esserman as the future claimants' representative in the Debtor's
case. Mr. Esserman tapped Young Conaway Stargatt & Taylor, LLP, as
legal counsel; Hull & Chandler, P.A., as local counsel; Ankura
Consulting Group, LLC, as claims evaluation consultant; and FTI
Consulting, Inc., as financial advisor.
BIG LOTS: Plan Exclusivity Period Extended to October 4
-------------------------------------------------------
Judge J. Kate Stickles of the U.S. Bankruptcy Court for the
District of Delaware extended Big Lots, Inc., and certain of its
affiliates' exclusive periods to file a plan of reorganization and
obtain acceptance thereof to October 4 and December 6, 2025,
respectively.
As shared by Troubled Company Reporter, based on a weighing of the
relevant factors, there is more than sufficient cause to approve
the requested extension of the Exclusive Periods:
* These Chapter 11 Cases Are Large and Complex. These Chapter
11 Cases involve 19 debtor-affiliate entities. At the outset of
these Chapter 11 Cases, the Debtors operated approximately 1,300
stores and employed over 27,000 employees. Moreover, the Debtors
have a wide variety of parties in interest, including various
vendors, customers, and landlords many of whom have been active in
these Chapter 11 Cases.
* Additional Time is Necessary. The Debtors seek to protect
their exclusive ability to propose a chapter 11 plan to avoid the
costs and distraction associated with addressing any plans filed by
third parties and to advance the goal of achieving a speedy and
fully consensual conclusion to these Chapter 11 Cases.
* The Chapter 11 Cases Have Been Pending for Approximately Ten
Months. The requested extension of the Exclusive Periods is the
third such request made in these Chapter 11 Cases and comes
approximately ten months after the Petition Date. During this time,
the Debtors have made significant progress towards determining, in
conjunction with the Committee, the most value-maximizing path
forward in these Chapter 11 Cases, whether that be through a Plan,
dismissal, or conversion. An extension of the Exclusive Periods
would allow the Debtors to continue to build on the significant
progress made thus far and facilitate an efficient wind-down of the
Debtors' estates.
* An Extension Will Not Prejudice Creditors. The Debtors are
not seeking an extension of the Exclusive Periods to pressure or
otherwise prejudice any of their creditors. Rather, the Debtors the
Debtors assert that avoiding the expense of a party proposing a
Plan will inure to the benefit of creditors by saving estate
resources.
Counsel to the Debtors:
Robert J. Dehney, Sr., Esq.
Sophie Rogers Churchill, Esq.
Andrew R. Remming, Esq.
Tamara K. Mann, Esq.
Casey B. Sawyer, Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 N. Market Street, 16th Floor
Wilmington, DE 19801
Tel: (302) 658-9200
Email: rdehney@morrisnichols.com
aremming@morrisnichols.com
tmann@morrisnichols.com
srchurchill@morrisnichols.com
csawyer@morrisnichols.com
- and -
Brian M. Resnick, Esq.
Adam L. Shpeen, Esq.
Stephen D. Piraino, Esq.
Ethan Stern, Esq.
DAVIS POLK & WARDWELL LLP
450 Lexington Avenue
New York, NY 10017
Tel: (212) 450-4000
Email: brian.resnick@davispolk.com
adam.shpeen@davispolk.com
stephen.piraino@davispolk.com
ethan.stern@davispolk.com
About Big Lots
Big Lots (NYSE: BIG) -- http://www.biglots.com/-- is one of the
nation's largest closeout retailers focused on extreme value,
delivering bargains on everything for the home, including
furniture, decor, pantry and more.
On Sept. 9, 2024, Big Lots, Inc. and each of its subsidiaries
initiated voluntary Chapter 11 proceedings (Bankr. D. Del. Lead
Case No. 24-11967). The case is being administered by the Honorable
J. Kate Stickles.
Davis Polk & Wardwell LLP is serving as legal counsel, Guggenheim
Securities, LLC is serving as financial advisor, AlixPartners LLP
is serving as restructuring advisor, and A&G Real Estate Partners
is serving as real estate advisor to the Company. Kroll is the
claims agent.
Kirkland & Ellis is serving as legal counsel to Nexus Capital
Management LP.
PNC Bank, National Association, the DIP ABL Agent and Prepetition
ABL Agent, is represented by Choate, Hall & Stewart, LLP; and Blank
Rome, LLP. 1903P Loan Agent, LLC, the DIP Term Agent, and the
Prepetition Term Loan Agent are represented by Otterbourg, P.C. and
Richards, Layton & Finger, P.A.
BOOKS INC: Seeks to Extend Plan Exclusivity to September 26
-----------------------------------------------------------
Books Inc. asked the U.S. Bankruptcy Court for the Northern
District of California to extend its exclusivity periods to file a
plan of reorganization and obtain acceptance thereof to September
26 and November 21, 2025, respectively.
This is the Debtor's second request in a complicated case that has
been pending for approximately six months. The prior request for an
extension was to provide the Debtor with time to negotiate with its
landlords.
The Debtor explains that despite significant progress being made on
that front, the Debtor's current request is made to accommodate
negotiations with a possible partner, and to formulate a related
plan. This Motion represents the Debtor's best efforts to estimate
the time needed, however, as this is only an estimate, the Debtor
seeks relief without prejudice to further extensions if needed.
The Debtor claims that it has been making steady progress in its
case by analyzing and negotiating its extensive lease holdings,
determining the need for new investment from and/or sale to an
outside party, engaging in discussions with multiple possible
partners, and entering into a Letter of Intent with one interested
entity. The Debtor believes the anticipated transaction is the best
path forward to pay secured and priority creditors in full while
making a contribution to unsecured creditors.
Lastly, the Debtor submits that it is proceeding entirely in good
faith. Throughout this bankruptcy proceeding the Debtor has filed
all required documents, complied fully with reporting obligations,
openly provided information when requested, and consistently
engaged in constructive negotiations with interested parties. The
Debtor has established and continues to maintain open lines of
communication with creditors and key stakeholders, demonstrating a
commitment to transparency and a collaborative approach.
The Debtor asserts that there is no indication that the Debtor
seeks leverage to pressure creditors into unfavorable outcomes.
Rather, the requested extensions serve solely to facilitate the
anticipated transaction and the formulation of a related plan,
which the Debtor believes is in the best interests of the estate
and all creditors.
Books Inc. is represented by:
Stephen D. Finestone, Esq.
Ryan A. Witthans, Esq.
Finestone Hayes LLP
456 Montgomery Street, Suite 1300
San Francisco, CA 94104
Tel: (415) 481-5481
Fax: (415) 398-2820
Email: sfinestone@fhlawllp.com
Email: rwitthans@fhlawllp.com
About Books Inc.
Books Inc. is the oldest independently owned bookstore in the
western U.S. and operates eleven brick-and-mortar stores in the Bay
Area. In addition to its physical locations, the Company runs an
online store, offering a mix of direct shipping and in-store pickup
for customers. The Company also fosters strong community
engagement, hosting hundreds of author events, book clubs, and
other activities each year.
Books Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-40087 on January 20,
2025, with $3,283,300 in assets and $5,161,574 in liabilities.
Andrew Perham, chief executive officer of Books Inc., signed the
petition.
Judge William J. Lafferty oversees the case.
The Debtor is represented by Stephen D. Finestone, Esq. at
Finestone Hayes LLP.
BYJU'S ALPHA: Mediation Not Appropriate in Camshaft, et al. Case
----------------------------------------------------------------
Magistrate Judge Christopher J. Burke of the United States District
Court for the District of Delaware determined that mediation is not
appropriate in the appeal styled as CAMSHAFT CAPITAL FUND, L.P.,
CAMSHAFT CAPITAL ADVISORS, LLC, CAMSHAFT CAPITAL MANAGEMENT, LLC
and RIJU RAVINDRAN, Appellants, v. BJYU'S ALPHA, INC., Appellee,
(D. Del.) pursuant to Section 1 of the Procedures to Govern
Mediation of Appeals from the United States Bankruptcy Court for
the District of Delaware, dated July 19, 2023.
The Court conducted an initial review of this matter, including
having gathered information from the parties and their counsel, in
order to determine the appropriateness of mediation for the case.
The parties jointly agree that their disputes in this appeal cannot
be resolved through mediation and the Court agrees.
The Court recommends that the assigned District Judge issue an
order withdrawing the matter from mediation and setting the
following appellate briefing schedule (agreed to by the parties):
1. Appellants' Opening Brief shall be filed on Aug. 29, 2025.
2. Appellee's Answering Brief shall be filed Sept. 29, 2025.
3. Appellants' Reply Brief shall be filed Oct. 14, 2025.
A copy of the Court's Order dated July 24, 2025, is available at
https://urlcurt.com/u?l=qlDZAi from PacerMonitor.com.
The parties' dispute centers on the alleged fraudulent transfer of
$533 million in loan proceeds from a $1.2 billion Term Loan B that
Byju's Alpha, a U.S. subsidiary of the Indian edtech company
Byju's, secured in November 2021. In February 2025, the U.S.
Bankruptcy Court for the District of Delaware granted summary
judgment in favor of Byju's Alpha, ruling that Riju Ravindran,
Camshaft, and Byju's parent company, Think & Learn Pvt Ltd, engaged
in fraudulent transfers and that Riju Ravindran breached his
fiduciary duties. The court issued a preliminary injunction
prohibiting the defendants from further transferring or using the
$533 million and ordered Camshaft's founder, William Morton, to
provide information on the funds' location, with a $10,000 daily
fine for non-compliance and a prior contempt order.
Byju's Alpha filed a subsequent lawsuit in April 2025 against Byju
Raveendran, his wife Divya Gokulnath, and advisor Anita Kishore,
alleging they orchestrated the scheme to misappropriate the $533
million. The lenders claim the defendants deliberately hid the
funds to obstruct creditors. Byju's founders have dismissed these
allegations as "baseless," accusing the lenders of predatory
tactics and collusion to take control of Byju's.
About BYJU's Alpha
BYJU's Alpha, Inc., designs and develops education software
solutions.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Del. Case No. 24-10140) on Feb. 1, 2024. In the
petition signed by Timothy R. Pohl, chief executive officer, the
Debtor disclosed up to $1 billion in assets and up to $10 billion
in liabilities.
Judge John T. Dorsey oversees the case.
Young Conaway Stargatt & Taylor, LLP and Quinn Emanuel Urquhart &
Sullivan, LLP serve as the Debtor's legal counsel.
GLAS Trust Company LLC, as DIP Agent and Prepetition Agent, is
represented in the Debtor's case by Kirkland & Ellis LLP, Pachulski
Stang Ziehl & Jones, and Reed Smith.
Camshaft Capital Fund, LP, Camshaft Capital Advisors, LLC, Camshaft
Capital Management, LLC, and Riju Ravindran are represented by:
Julia B. Klein, Esq.
KLEIN LLC
225 West 14th Street, Suite 100
Wilmington, DE 19801
Tel: (302) 438-0456
E-mail: klein@kleinllc.com
- and -
Pieter Van Tol, Esq.
VAN TOL LAW PLLC
199 8th Avenue, B3
Brooklyn, NY
Tel: (917) 514-9464
E-mail: pvantol@vantol-law.com
CADUCEUS PHYSICIANS: Seeks to Extend Plan Exclusivity to Sept. 24
-----------------------------------------------------------------
Caduceus Physicians Medical Group, a Professional Medical
Corporation d/b/a Caduceus Medical Group, and Caduceus Medical
Services, LLC, asked the U.S. Bankruptcy Court for the Central
District of California to extend their exclusivity periods to file
a plan of reorganization and obtain acceptance thereof to September
24 and November 24, 2025, respectively.
The Debtors explain that their request for an extension of the
exclusivity periods for the filing of a plan and the solicitation
of acceptances to such plan satisfies the general principles
established by courts as guideposts for demonstrating "cause"
within the meaning of Section 1121(d).
First, Debtors have made good faith progress in moving toward
reorganization. The Debtors have been actively negotiating with
creditors, such as BMO regarding the Cash Collateral Motion and ADP
Totalsource, Inc., regarding adequate protection and modification
to the automatic stay. Although Debtors cannot yet claim that it
will propose a consensual plan, Debtors will continue to negotiate
with creditors in the hopes of reaching an accord.
Moreover, Debtors have made significant progress towards
reorganization since the Petition Date. The Debtors have obtained
this Court's approval the Bid Procedure and Sale Orders. On May 6,
2025, the Debtors filed a "notice of submission of back up bidder
fully executed asset purchase agreement," ("Notice of Backup Bid")
whereby Anchor Medical Group P.C., and Anchor Medical Management,
Inc., submitted a fully executed asset purchase agreement. On May
7, 2025, the Court entered a supplemental sale order approving the
Notice of the Backup Bid and the sale to Anchor ("Supplemental Sale
Order").
The Debtors claim that they are pleased to report that the sale
contemplated in the Notice of Backup Bid and Amended Sale Order
successfully closed on or about May 9, 2025. Since the close of the
sale to Anchor, the Debtors have drafted and internally circulated
a proposed Plan and Disclosure Statement. The Debtors anticipate
that they will be receive approval and will be able to file the
proposed Plan and Disclosure Statement by the August 6, 2025,
status conference, or shortly thereafter.
Fourth, this is Debtors' fourth request for an extension. Debtors
have made significant progress towards reorganization by filing and
obtaining orders granting the first-day motions, entering into the
AP Stipulation, rejecting the Lease, setting the Claims Bar Date
and successfully prosecuting the Bid Procedure and Sale Orders. The
Debtors anticipate that they will be receive approval and will be
able to file the proposed Plan and Disclosure Statement by the
August 6, 2025, status conference, or shortly thereafter.
Counsel to the Debtors:
David A. Wood, Esq.
Matthew W. Grimshaw, Esq.
Sarah R. Hasselberger, Esq.
MARSHACK HAYS WOOD LLP
870 Roosevelt
Irvine, CA 92620-3663
Tel: (949) 333-7777
Fax: (949) 333-7778
Email: dwood@marshackhays.com
About Caduceus Physicians Medical Group
Caduceus Physicians Medical Group, a Professional Medical
Corporation, d/b/a Caduceus Medical Group, is a physician owned and
managed multi-specialty medical group with locations in Yorba
Linda, Anaheim, Orange, Irvine, and Laguna Beach. It specializes in
primary care, pediatrics, and urgent care.
Caduceus Physicians Medical Group and Caduceus Medical Services,
LLC, filed Chapter 11 petitions (Bankr. C.D. Cal. Lead Case No.
24-11946) on August 1, 2024. The petitions were signed by CRO
Howard Grobstein.
At the time of the filing, Caduceus Physicians reported $1 million
to $10 million in both assets and liabilities while Caduceus
Medical reported up to $50,000 in both assets and liabilities.
Judge Theodor Albert presides over the cases.
David A. Wood, Esq., at Marshack Hays Wood, LLP, is the Debtors'
legal counsel.
CAREERBUILDER + MONSTER: Court OKs Voluntary Chap. 11 Sale Process
------------------------------------------------------------------
CareerBuilder + Monster announced that the U.S. Bankruptcy Court
for the District of Delaware has approved the following
transactions in connection with the Company's previously announced
voluntary Chapter 11 sale process:
-- BOLD, a global career-technology company focused on transforming
work lives, will acquire the Company's job board business, retain
the rights to the Monster and CareerBuilder brands, and extend
employment offers to at least 350 globally distributed Company
employees;
-- Iron Corp U.S. Inc., an affiliate of a large privately-held
investment company, will acquire Monster Media Properties; and
-- PartnerOne, a global technology leader and one of the fastest
growing enterprise software groups in the world, with a proven
track record of acquiring and growing government software
companies, will acquire Monster Government Solutions.
Jeff Furman, CEO of CareerBuilder + Monster, said: "With the
Court's approval, we are now poised to close these transactions,
which maximize the value of our businesses and preserve jobs. These
transactions are a testament to the hard work and unwavering
commitment our employees have shown to supporting our clients each
and every day. As we work to complete the transactions, I sincerely
thank our entire team and the clients we serve for their support
throughout this process."
All three transactions are subject to certain customary closing
conditions and are expected to close in the coming days.
CareerBuilder + Monster is continuing to operate its businesses
through the completion of each transaction.
Additional Information About the Court-Supervised Sale Process
Court filings and other information related to the proceedings are
available on a website administered by the Company's claims agent,
Omni Agent Solutions at
https://omniagentsolutions.com/CareerBuilderMonster, by calling
Omni toll-free at (888) 841-0525 or (818) 924-2298 for calls
originating outside of the U.S. or Canada, or by sending an email
to CareerBuilderMonsterInquiries@OmniAgnt.com.
Advisors
Latham & Watkins LLP and Richards Layton & Finger, PA are serving
as legal counsel, PJT Partners is serving as investment banker, and
AlixPartners is serving as financial advisor to CareerBuilder +
Monster.
About CareerBuilder + Monster Venture
CareerBuilder + Monster is an online job searching company.
CareerBuilder + Monster sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11200) on June 24,
2025. In its petition, the Debtor reports between $50 million and
$100 million in assets and owes between $100 million and $500
million.
Honorable Bankruptcy Judge J Kate Stickles handles the case.
The Debtor is represented by Daniel J. DeFranceschi, Esq. and
Zachary I. Shapiro, Esq. at Richards, Layton & Finger, P.A.
CARVANA CO: BlackRock Holds 5.5% of Class A Shares as of June 30
----------------------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of June 30, 2025, it
beneficially owns 7,378,929 shares of Carvana Co.'s Class A Stock,
representing approximately 5.5% of the shares outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/42ww3swj
About Carvana
Founded in 2012 and based in Tempe, Arizona, Carvana Co. --
http://www.carvana.com-- is an e-commerce platform for buying and
selling used cars. The Company is transforming the used car buying
and selling experience by giving consumers what they want, a wide
selection, great value and quality, transparent pricing, and a
simple, no pressure transaction. Each element of its business, from
inventory procurement to fulfillment and overall ease of the online
transaction, has been built for this singular purpose.
Carvana reported a net income of $150 million for the year ended
Dec. 31, 2023, compared to a net loss of $2.89 billion for the year
ended Dec. 31, 2022. As of June 30, 2024, Carvana had $7.17 billion
in total assets, $7.05 billion in total liabilities, and $115
million in total stockholders' equity.
* * *
Moody's Investors Service upgraded Carvana Co.'s corporate family
rating to Caa3 from Ca, the TCR reported on Sept. 22, 2023. Moody's
said the upgrade of Carvana's CFR to Caa3 reflects the completion
of its debt exchange that pushes out some near-term maturities,
reduces outstanding debt, and materially reduces cash interest
expense in the two years following the exchange.
In August 2024, S&P Global Ratings raised its issuer credit rating
on U.S.-based Carvana Co. to 'B-' from 'CCC+'. S&P said, "At the
same time, we raised our unsolicited issue-level rating on
Carvana's senior secured debt to 'B-' from 'CCC+' with a '4'
recovery rating (30%-50%; rounded estimate: 40%). We also raised
our issue-level rating on its senior unsecured debt to 'CCC' from
'CCC-' with a '6' recovery rating (0%-10%; rounded estimate: 0%).
"The stable outlook reflects our view that Carvana will continue
increasing EBITDA, generating positive free cash flow, and
maintaining leverage of 6x-7x over the next 12 months.
CBRM REALTY: Hilco Puts Pittsburgh Property Up for Sale
-------------------------------------------------------
Hilco Real Estate Sales announced a 1,061 +/- sf Multifamily Row
Homes consisting of 110 apartments across 21 building located in
Homewood South, Pittsburgh, Pennsylvania, is for sale, which
property owned by CBRM Realty Inc. is being sold subject to the
approval of the United States Bankruptcy Court.
The deadline to submit offers for the Debtor's property is Aug. 14,
2025, at 4:00 p.m. (ET).
For more information regarding the sale contact, Hilco Real Estate
Sales at 855-755-2300 or visit https://tinyurl.com/y47swj3n
CBRM REALTY: Housing Portfolio in Bankruptcy Sale, Bids Due Aug 14
------------------------------------------------------------------
Hilco Real Estate Sales (HRE), announces the sale of a 110-unit
affordable housing portfolio located in the Homewood South
neighborhood of Pittsburgh, Pennsylvania. The portfolio sale is
subject to approval by the United States Bankruptcy Court, with
bids due by August 14.
Spread across 21 buildings, all 110 units are covered under a
Housing Assistance Payments (HAP) contract, providing immediate
income potential for the next owner. The properties currently
operate at approximately 80% occupancy, compared to the local
market average of 96%, offering substantial upside through
stabilization, renovation and improved operational efficiency. With
a trailing 12-month net operating income of approximately $614,000
and the backing of the in-place HAP contract, the portfolio
provides a strong foundation for growth and improved returns,
making it well-suited for both existing affordable housing
providers looking to expand their portfolio and new entrants
seeking a scalable entry point into the sector.
Pittsburgh offers strong fundamentals for multifamily and HUD
housing investment through its steady demand from healthcare,
education and technology sector renters and, within this market,
the Homewood neighborhood presents significant opportunities for
affordable housing strategies such as Section 8, Rental Assistance
Demonstration (RAD) conversions or Low-Income Housing Tax Credit
(LIHTC) redevelopment. Long-term city planning initiatives,
including the Homewood Comprehensive Community Plan and Choice
Neighborhoods, reflect sustained public investment in housing,
infrastructure and community development. These efforts reduce
investor risk while supporting long-term value creation through
repositioning and stabilization.
Building on these initiatives, Homewood has become a focal point
for active revitalization led by the Urban Redevelopment Authority
of Pittsburgh. In February 2025, the City, in partnership with the
Homewood Community Development Collaborative, started its targeted
effort to remediate and demolish underinvested and outdated
properties, laying the groundwork for new development. As part of
this strategy, $2 million in federal American Rescue Plan Act funds
were allocated to improve key sites near the neighborhood's
business corridor. Together, these efforts highlight the city's
ongoing commitment to neighborhood transformation, creating a
supportive environment for multifamily investors looking to gain
early footholds in a high-potential area poised for renewal.
"For investors looking to scale in a growing metro like Pittsburgh,
this portfolio presents a compelling opportunity," said Jamie
Coté, vice president at Hilco Real Estate. "Beyond the strong
foundation of HAP-backed income and its central location, what sets
this apart is the upside tied to both property-level improvements
and broader neighborhood revitalization. With targeted management
and modest upgrades, there's a clear path to long-term value as the
city continues its investment in Homewood's renewal."
The sale is subject to Bankruptcy Court Approval of the United
States Bankruptcy Court for the District of New Jersey (Trenton),
Petition No.: 25-15343-MBK, In re: CBRM Realty Inc. Bids must be
received on or before the deadline of August 14, 2025, at 4:00 p.m.
(ET) and must be submitted with the Purchase and Sale Agreement
(PSA) available for review and download from Hilco Real Estate
Sales' website. On-site inspections will be held on July 23 and
August 6 by appointment only.
Interested bidders should review the terms of sale for requirements
to participate in the sale process available on Hilco Real Estate's
website. For further information, please contact Jamie Coté at
(847) 418-2187 or jcote@hilcoglobal.com and Jonathan Cuticelli at
(203) 245-0539 or jcuticelli@hilcoglobal.com.
For further information on the property, sale process and terms or
to obtain access to due diligence documents, please visit
HilcoRealEstateSales.com or call (855) 755-2300.
About Hilco Real Estate Sales
Successfully positioning the real estate holdings within a
company's portfolio is a material component of establishing and
maintaining a strong financial foundation for long-term success. At
Hilco Real Estate Sales (HRE), a Hilco Global company
(HilcoGlobal.com), we advise and execute strategies to assist
clients seeking to optimize their real estate assets, improve cash
flow, maximize asset value and minimize liabilities and portfolio
risk. We help clients traverse complex transactions and
transitions, coordinating with internal and external networks and
constituents to navigate ever-challenging market environments.
About CBRM Realty Inc.
CBRM Realty Inc. is a Somerset, New Jersey-based real estate
investment firm.
CBRM Realty Inc. and affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-15343) on
May 19, 2025. In its petition, the Debtor reports estimated assets
and liabilities (on a consolidated basis) between $100 million to
$500 million each.
Honorable Bankruptcy Judge Michael B. Kaplan handles the case.
The Debtors tapped White & Case LLP and Ken Rosen Advisors PC as
counsel, Islanddundon LLC as financial advisor, and Kurtzman Carson
Consultants, LLC, doing business as Verita Global, as claims,
noticing, and solicitation agent.
CENTENNIAL HOUSING: Seeks to Extend Plan Exclusivity to Sept. 24
----------------------------------------------------------------
Centennial Housing & Community Services Corporation asked the U.S.
Bankruptcy Court for the Eastern District of North Carolina to
extend its exclusivity periods to file a plan of reorganization and
obtain acceptance thereof to September 24 and November 23, 2025,
respectively.
The Debtor filed its proposed Plan of Reorganization and Disclosure
Statement on March 28, 2025.
On March 31, 2025, the Court entered an Order conditionally
approving the Disclosure Statement. The plan confirmation hearing
is currently scheduled for August 13, 2025.
The Debtor requests that the period in which it has the exclusive
right to file a Plan of Reorganization under Section 1121(b) of the
Bankruptcy Code and the acceptance period under Section 1121(c)(3)
of the Bankruptcy Code each be extended for a period of
approximately sixty days.
The Debtor explains that an order allowing the extensions as
requested in this application will not prejudice any party and is
in the best interests of the Estate and all parties in interest.
About Centennial Housing & Community Services
Centennial Housing & Community Services Corp. is a 25-bed critical
access hospital offering a broad range of healthcare services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 24-03769) on October 29,
2024, with $6,970,517 in assets and $11,730,050 in liabilities.
Todd Mobley, chairman of the board of directors, signed the
petition.
Judge Joseph N. Callaway oversees the case.
The Debtor is represented by:
Rebecca F. Redwine
Hendren Redwine & Malone, PLLC
Tel: 919-420-0941
Email: rredwine@hendrenmalone.com
Jason L. Hendren
Hendren Redwine & Malone, PLLC
Tel: 919-573-1422
Email: jhendren@hendrenmalone.com
CHABAD OF GRAMERCY: Plan Exclusivity Period Extended to September 5
-------------------------------------------------------------------
Judge Jil Mazer-Marino of the U.S. Bankruptcy Court for the Eastern
District of New York extended Chabad of Gramercy Park's exclusive
periods to file a plan of reorganization and obtain acceptance
thereof to September 5 and November 4, 2025, respectively.
As shared by Troubled Company Reporter, the Debtor believes that
sufficient cause exists to support the requested extension of the
Exclusive Periods. This case is relatively complex. The liabilities
of the Debtor are in excess of millions of dollars and in order to
move forward with a confirmable plan of reorganization, certain
complex issues and some filed claims should first be resolved
and/or settled.
Therefore, an extension of the Exclusive Periods will give Debtor a
reasonable opportunity to negotiate and obtain confirmation of a
consensual plan with its creditors. Further, the Debtor needs the
requested extended period in order for all parties to file their
respective claims within the deadlines to be established by the
Court and for Debtor to review said claims once filed.
The Debtor asserts that the requested extensions of the exclusivity
period to file a plan and disclosure statement will not harm any
economic stakeholder. Rather, the time will be used to negotiate a
resolution of claims filed in this case, in order to propose
feasible plan and disclosure statement, meeting the requirements of
Section 1125 of the Bankruptcy Code.
Chabad of Gramercy Park is represented :
Alla Kachan, Esq.
Law Offices of Alla Kachan, PC
2799 Coey Island Avenue, Suite 202
Brooklyn, NY 11235
Telephone: (718) 513-3145
About Chabad of Gramercy Park
Chabad of Gramercy Park owns a portfolio of five properties
situated across various locations in New York, with a combined
estimated value of $13.77 million.
Chabad of Gramercy Park sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No.: 25-40105) on Jan. 8,
2025. In its petition, the Debtor reports total assets of
$13,770,000 and total liabilities of 24,715,943.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
Alla Kachan, Esq., at Law Offices of Alla Kachan P.C., is the
Debtor's counsel.
CHARTER SCHOOL: Funder Has Court OK to Sell Biz for $80MM in Ch. 11
-------------------------------------------------------------------
Emily Lever of Law360 reports that on Friday, July 26, 2025, a
Delaware bankruptcy judge approved Charter School Capital Inc.'s
$80 million sale of its business, which includes $15.5 million in
cash. The company provides funding to charter schools nationwide.
About Charter School Capital
Charter School Capital Inc. is a provider of funding to charter
schools across the U.S.
Charter School Capital Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11016) on June 8,
2025. In its petition, the Debtor reported between $10 billion and
$50 billion in assets and liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtor is represented by James R. Risener, III, Esq., Ethan H.
Sulik, Esq., Brett Michael Haywood, Esq., and Aaron H. Stulman,
Esq., at Potter Anderson & Corroon, LLP.
The U.S. Trustee for Region 3 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Charter School Capital, Inc.
CIMG INC: Bid Price Rule Noncompliance Triggers New Nasdaq Warning
------------------------------------------------------------------
CIMG Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that it received an additional
delist determination letter from Nasdaq on July 17, 2025.
On January 14, 2025, Nasdaq notified the Company that the bid price
of its listed security had closed at less than $1 per share over
the previous 30 consecutive business days, and, as a result, did
not comply with Listing Rule 5550(a)(2). In accordance with Listing
Rule 5810(c)(3)(A), the Company was provided 180 calendar days, or
until July 14, 2025, to regain compliance with the Rule.
The Company has not regained compliance with the Rule and is not
eligible for a second 180-day period, primarily because the Company
does not comply with the initial listing requirements for The
Nasdaq Capital Market under the Equity Standard or the alternative
standards. According to the Nasdaq Delist Determination Letter,
this matter serves as an additional basis for delisting the
Company's securities from The Nasdaq Stock Market.
On July 7, 2025, the Company appealed the Nasdaq delist
determination letter dated June 27, 2025, and the Nasdaq Hearings
Panel has scheduled a hearing for the appeal on August 14, 2025.
Nasdaq notified the Company that the Panel will consider this
matter in rendering a determination regarding the Company's
continued listing on The Nasdaq Capital Market. Pursuant to Listing
Rule 5810(d), the Company should present its views with respect to
this additional deficiency at its Panel hearing.
The Company is actively addressing the deficiencies noted in the
Nasdaq delist determination letters dated June 17, 2025, and July
17, 2025, and is diligently preparing for the hearing on August 14,
2025.
About CIMG Inc.
Headquartered in Vista, California, CIMG Inc. (formerly Nuzee,
Inc.) is a digital marketing, sales and distribution company for
various consumer products with focuses on food and beverages.
Dedicated to reshaping the digital marketing and distribution with
technological applications, the Company endeavors to create greater
commercial value for its business partners and therefore enhance
its own enterprise value and shareholders' value of their stake in
the Company. The Company has a professional brand and marketing
management system, which can quickly help partnering enterprises
achieve the connection, management, and operation of marketing
channels domestically and globally.
The Company has had limited revenues, recurring losses and an
accumulated deficit. These items raise substantial doubt as to the
Company's ability to continue as a going concern, according to the
Company's Quarterly Report for the period ended June 30, 2024.
CIMG INC: Names Ambassadors for Huomao Expansion
------------------------------------------------
CIMG Inc. announced in a press release the launch of the Huomao
Global Investment Promotion Plan. As part of this initiative, the
Company has appointed promotion ambassadors in Singapore,
Kazakhstan, Japan, Germany, and North America to further the global
reach of Huomao culture. The appointments were finalized at an
appreciation dinner held on July 13, 2025.
The Company appointed below ambassadors:
* Mr. Jianjun Zheng, Ambassador for Singapore
* Mr. Jiandong Zeng, Ambassador for Kazakhstan
* Mr. Jirong Wang, Ambassador for Japan
* Mr. Jiang Li, Ambassador for Germany
* Mr. Junhong Chen, Ambassador for North America
Mr. Xiaocheng Hao, Chief Operating Officer of CIMG and founder of
Huomao, commented, "Huomao will be promoted in both domestic and
international markets. To support overseas expansion, selected
classic products will be introduced through local distribution
partners."
About CIMG Inc.
Headquartered in Vista, California, CIMG Inc. (formerly Nuzee,
Inc.) is a digital marketing, sales and distribution company for
various consumer products with focuses on food and beverages.
Dedicated to reshaping the digital marketing and distribution with
technological applications, the Company endeavors to create greater
commercial value for its business partners and therefore enhance
its own enterprise value and shareholders' value of their stake in
the Company. The Company has a professional brand and marketing
management system, which can quickly help partnering enterprises
achieve the connection, management, and operation of marketing
channels domestically and globally.
The Company has had limited revenues, recurring losses and an
accumulated deficit. These items raise substantial doubt as to the
Company's ability to continue as a going concern, according to the
Company's Quarterly Report for the period ended June 30, 2024.
CONCORDE METRO: Seeks to Extend Plan Exclusivity to October 20
--------------------------------------------------------------
Concorde Metro Seguros LLC asked the U.S. Bankruptcy Court for the
District of Puerto Rico to extend its exclusivity periods to file a
Disclosure Statement and Plan of Reorganization to October 20,
2025.
The Debtor is currently prosecuting Adversary Proceeding No.
25-00016 against multiple defendants, including the HOA which holds
one of the largest claims against the bankruptcy estate. This
litigation involves automatic stay violations and seeks declaratory
judgment regarding disputed pre-petition obligations.
The Debtor explains that the resolution of this adversary
proceeding will directly impact the treatment to be provided to the
HOA and other defendants in the Plan of Reorganization.
Adjudication of these disputes is necessary to formulate accurate
claim treatments and achieve a confirmable Plan.
The Debtor claims that an extension of the Exclusivity Period will
benefit Debtor's creditors by allowing sufficient time for proper
asset evaluation, claim analysis, and development of a feasible
Plan that maximizes distributions.
Also, the extension will not prejudice creditors, as Debtor
continues making adequate protection payments and maintains
productive assets.
During this extended period, Debtor will have sufficient time to
complete claims analysis after the bar dates expire; allow the real
estate broker to start marketing the assets and develop realistic
projections; resolve or substantially advance the adversary
proceeding against the HOA and against other Defendants; and
finalize negotiations with its secured creditor regarding plan
treatment.
The Debtor also requests that the deadline to procure votes under
the Plan be extended for a term of sixty days after the order
approving the Disclosure Statement and the confirmation hearing is
entered.
Concorde Metro Seguros LLC is represented by:
Javier Vilarino
Vilariño & Associates LLC
PO Box 9022515
San Juan, PR 00902-2515
Tel: (787) 565-9894
E-mail: jvilarino@vilarinolaw.com
About Concorde Metro Seguros
Concorde Metro Seguros LLC is a single-asset real estate debtor, as
defined in 11 U.S.C. Section 101(51B). The Company's primary
business involves managing the Metro Medical Center in Bayamon,
Puerto Rico, which serves as its principal asset.
Concorde Metro Seguros LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.P.R. Case No. 25-01269) on March 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Javier Vilarino, Esq. at Vilarino and
Associates LLC.
CORONET CERAMICS: To Sell Apex Property to Nelson Family for $2.2MM
-------------------------------------------------------------------
Coronet Ceramics, Inc., seeks permission from the U.S. Bankruptcy
Court for the District of Nevada, to sell Property, free and clear
of liens, clams, and encumbrances.
The Debtor's Property is located in a vacant land in Apex, near
Grand Valley Parkway and US Highway 93, North Las Vegas, Nevada
89124.
Coronet Ceramics, Inc. is a Nevada corporation, originally
incorporated in California in 1974 and registered in Nevada on
January 13, 2020. The Debtor has historically operated in the sale
of ceramic goods and now engages in the wholesale of energy and
petroleum products. Its sole officer, director, and shareholder is
Mi Shen Goldberg.
The Debtor owns two properties: the vacant Apex Property located in
Apex, Nevada that is the subject of this sale motion, and a
commercial property located at 2300 Western Avenue, Las Vegas,
Nevada (2300 Western Property).
The Debtor has expressed its desire to sell the Apex Property to
fund the completion and operation of a gas and service station at
the 2300 Western Property, and to fund creditor payments under its
proposed Plan.
The Debtor was previously working with another agent from Berkshire
Hathaway to sell its property. However, the agent was not
performing. As a result, Jack Woodcock, a licensed Nevada Real
Estate Broker with Berkshire Hathaway, began looking for buyers for
the Apex Property and the listing agreement was transferred to Mr.
Woodcock.
The Apex Property was partially funded through third-party
contributions, including funds from Ying Zhu totaling $395,000.00.
Ms. Zhu has recorded a lis pendens on both the Apex Property and
the Western Property, which has hindered the Debtor’s ability to
refinance and triggered foreclosure proceedings by the secured
lender, American First National Bank (American First). Upon
closing, the sales proceeds will repay American First in full for
the Apex Property, and will leave additional funds for the Debtor
to reorganize and attempt to resolve the claims held of Ying Zhu.
The Debtor and Ms. Zhu and her entities have a settlement
conference pending in September 2025, where they hope to reach a
resolution of their disputes and claims.
The Debtor commenced the Chapter 11 case to stay the foreclosures,
preserve the value of its assets, and facilitate an orderly
resolution of its secured obligations and ongoing disputes.
American First holds a lien of the Property.
The Debtor estimates that the amount owing pursuant to the sale
will be approximately as follows:
1. America First - +/- $1,100,000.00
2. Commissions/Closing costs - +/- $230,000.00
3. Capital Gains Taxes - +/-$220,000.00
Estimated Net Proceeds - +/- $650,000.00
The Debtor receives an offer from Nelson Family Holdings LLC to
purchase the Apex Property for $2,200,000.00.
The amount to be received through the sale exceeds the amount of
the only true lien on the Property, and after closing costs, would
bring enough to pay capital gains taxes accrued from the sale and
is estimated to bring approximately $650,000.00 to the estate to be
used to fund the Debtor's Plan. The sale will reduce the Debtor’s
liabilities by approximately $1,000,000.00, which is in the best
interest of all creditors and the Estate. The Debtor believes that
the offer that it has received is fair, and that the sale provides
an opportunity for the Debtor to pay off American First’s lien on
the Apex Property in full, would provide approximately $650,000 to
fund the Debtor’s proposed Plan, and would be in the best
interests of all creditors and the Estate. American First is the
only secured creditor.
After payment of all liens on the property, and after the payment
of real estate commissions, the Debtor would have approximately
$650,000 that may be used to fund its Plan.
The Debtor believes that the sale would benefit the estate by
significantly reducing the debts, paying the secured creditor in
full, and having significant excess proceeds to fund the Debtor's
Plan.
About Coronet Ceramics
Coronet Ceramics Inc., doing business as Coronet Energy, Coronet
PPE, Fortune88, Blue Sky Properties, and Vegas Renewable Diesel, is
engaged in the business of petroleum and coal products
manufacturing.
Coronet Ceramics Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 24-15153)
on October 1, 2024, with total assets of $3,503,259 and total
liabilities of $6,213,194. Mi Shen Goldberg, president of Coronet
Ceramics, signed the petition.
The Debtor is represented by Matthew L. Johnson, Esq., at Johnson &
Gubler, P.C.
CORVIAS CAMPUS: Eversheds & Potter Anderson Advise Noteholder Group
-------------------------------------------------------------------
The law firms of Eversheds Sutherland (US) LLP and Potter Anderson
& Corroon LLP filed a verified statement pursuant to Rule 2019 of
the Federal Rules of Bankruptcy Procedure to disclose that in the
Chapter 11 case of Corvias Campus Living - USG, LLC, the firms
represent the Noteholder Group.
The Noteholder Group is comprised of the investment managers or
individual holders of all of the Notes pursuant to that certain
Note Purchase Agreement, dated as of May 14, 2015, between the
Debtor and the noteholders thereof, in which the Debtor issued
$548,319,527 in aggregate principal amount of its 5.30% Senior
Secured Notes due July 1, 2050 (the "Notes").
The members of the Noteholder Group, collectively, beneficially own
or manage (or are the investment advisors or managers for funds or
accounts that beneficially own or manage) 100% of the outstanding
Notes.
Counsel does not undertake to represent the interests of any
creditor, party in interest, or other entity other than the
Noteholder Group. No member of the Noteholder Group represents or
purports to represent any other member in connection with the
Debtor's chapter 11 case.
In addition, each member of the Noteholder Group (a) does not
assume any fiduciary or other duties to any other member of the
Noteholder Group, and (b) does not purport to act or speak on
behalf of any other member of the Noteholder Group in connection
with this Chapter 11 Case.
The Noteholder Group Members' address and the nature and amount of
disclosable economic interests held in relation to the Debtors
are:
1. Barings, LLC
300 South Tryon 25th Floor
Charlotte, NC 28202
* $48,607,213
2. BlackRock Investment Management, LLC, on behalf of certain funds
and/or accounts managed, controlled or
advised by it or a subsidiary or an affiliate thereof.
50 Hudson Yards
New York, NY 10001
* $43,647,165
3. Blackstone Real Estate Special Situations Advisors L.L.C.
345 Park Avenue
New York, NY 10154
* $17,365,470
4. Cigna Investments, Inc.
900 Cottage Grove Road
Bloomfield, CT 06002
* $10,566,785
5. Corebridge Institutional Investments (U.S.), LLC
2929 Allen Parkway
Houston, TX 77019
* $93,105,467
6. Empower Annuity Insurance Company of America (f/k/a Great-West
Life & Annuity Insurance Company)
8515 E. Orchard Road
Greenwood Village, CO 80111
* $9,029,798
7. The Lincoln National Life Insurance Company
c/o Macquarie Investment Management Advisers
610 Market Street
Philadelphia, PA 19106
* $23,361,747
8. MetLife Investment Management, LLC
One MetLife Way
Whippany, NJ 07981
* $106,628,471
9. New England Asset Management, Inc.
74 Batterson Park Road,
Farmington, CT 06032
* $10,566,785
10. Northwestern Mutual Investment Management Company, LLC
720 East Wisconsin Avenue
Milwaukee, WI 53202
* $30,739,739
11. Teachers Insurance and Annuity Association of America
730 Third Avenue
New York, NY 10017
* $30,739,739
12. Pacific Life Insurance Company
700 Newport Center Drive
Newport Beach, CA 92660
* $23,054,805
13. Penn Mutual Asset Management, LLC
Eight Tower Bridge 161 Washington Street
Suite 1111 Conshohocken, PA 19428
* $3,842,467
14. Protective Life Insurance Company
2801 U.S. Highway 280 South
Birmingham, AL 35223
* $13,736,821
15. Sun Life Assurance Company of Canada
96 Worcester Street, 3rd Floor
Wellesley Hills, MA 02481
* $57,637,011
16. Symetra Investment Management Company
308 Farmington Avenue 3 rd Floor
Farmington, CT 06032
* $3,842,468
Counsel to the Corvias Noteholder Group:
Jeremy W. Ryan, Esq.
James R. Risener III, Esq.
Sarah R. Gladieux, Esq.
POTTER ANDERSON & CORROON LLP
1313 N. Market Street, 6th Floor
Wilmington, Delaware 19801
Telephone: (302) 984-6000
Email: jryan@potteranderson.com
jrisener@potteranderson.com
sgladieux@potteranderson.com
- and –
Todd C. Meyers, Esq.
Renée M. Dailey, Esq.
John Ramirez, Esq.
EVERSHEDS SUTHERLAND (US) LLP
The Grace Building, 40th Floor
1114 Avenue of the Americas
New York, New York 10036
Telephone: (212) 389-5000
Email: ToddMeyers@eversheds-sutherland.com
ReneeDailey@eversheds-sutherland.com
JohnRamirez@eversheds-sutherland.com
- and –
Todd C. Meyers, Esq.
EVERSHEDS SUTHERLAND (US) LLP
999 Peachtree Street NW, Suite 2300
Atlanta, Georgia 30309
Telephone: (404) 853-8000
Email: ToddMeyers@eversheds-sutherland.com
- and –
Andrew J. Polansky, Esq.
EVERSHEDS SUTHERLAND (US) LLP
227 West Monroe Street, Suite 6000
Chicago, Illinois 60606
Telephone: (312) 724-9006
Email: AndrewPolansky@eversheds-sutherland.com
About Corvias Campus Living-USG
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, signed the petition.
Judge Laurie Selber Silverstein oversees the case.
The Debtor tapped Derek C. Abbott, Esq., at Morris Nichols Arsht &
Tunnell, LLP as counsel; CohnReznick LLP as financial advisor; and
Donlin, Recano & Company LLC as administrative advisor.
CYTODYN INC: Reports FY2025 $3.75M Net Income as Expenses Drop
--------------------------------------------------------------
CytoDyn Inc. reported net income of $3.75 million for the fiscal
year ended May 31, 2025, reversing a $49.84 million net loss in the
prior year. The turnaround was driven by a sharp decline in
interest and other expenses, the absence of a $13.37 million loss
on note extinguishment recorded in 2024, and a $3.56 million drop
in general and administrative costs.
As disclosed in its Annual Report for the fiscal year ended May 31,
2025, the Company has not generated revenue from product sales,
licensing, or other sources and has operated at a loss each year
due to ongoing research, development, and operational expenses. It
expects continued losses with minimal revenue as it prioritizes the
development and regulatory approval of leronlimab, and if
leronlimab or future drug candidates fail to gain approval or
market acceptance, the Company will be unable to generate revenue
or explore strategic alternatives such as a potential sale, placing
shareholders at risk of losing some or all of their investment.
As of May 31, 2025, the Company had $18.05 million in total assets,
$114.09 million in total liabilities, and a total stockholders'
deficit of $96.04 million.
As of May 31, 2025, the Company had a total of approximately $11.9
million in cash and cash equivalents, and approximately $70.5
million in short-term liabilities consisting primarily of
approximately $45.4 million representing the principal of and
accrued interest on convertible notes payable, net of unamortized
debt discount, and approximately $16.9 million in accounts payable
and accrued liabilities and compensation.
In its audit report dated July 25, 2025, CBIZ CPAs P.C. issued a
"going concern" qualification citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
CytoDyn said its ability to continue as a going concern depends on
securing substantial additional capital, funding operations,
settling liabilities, advancing its product candidate through
research and development for multiple indications, obtaining FDA
approval, outsourcing manufacturing, and achieving profitability.
It plans to raise funds through equity or debt offerings,
licensing, distribution agreements, and strategic partnerships,
though there is no assurance of success.
"Our ability to continue to fund our operations depends on our
ability to raise capital. The funding necessary for our operations
may not be available on acceptable terms, or at all. If we deplete
our cash reserves, we may have to discontinue our operations and
liquidate our assets. In extreme cases, we could be forced to file
for bankruptcy protection, discontinue operations or liquidate
assets," CytoDyn mentioned in the filing.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/1175680/000155837025009617/cydy-20250531x10k.htm
CytoDyn Inc.
CytoDyn Inc. is a clinical-stage biotechnology company developing
leronlimab, a humanized monoclonal antibody targeting the CCR5
receptor, for multiple therapeutic indications including
solid-tumor oncology. Based in Vancouver, Washington, the Company
acquired the asset from Progenics in 2012 and operates as a
Delaware corporation.
DATAVAULT AI: Acquires Inaudible Audio IP From Turner Global Media
------------------------------------------------------------------
Datavault AI Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that it entered into an
intellectual property sale and assignment agreement (the "IP Sale
and Assignment Agreement") with Turner Global Media, LLC, pursuant
to which the Company has agreed to purchase, and TGM has agreed to
sell and assign, certain intellectual property related to inaudible
audio technology owned by TGM.
Pursuant to the IP Sale and Assignment Agreement, the Company has
agreed to acquire the TGM IP Assets from TGM in exchange for:
(i) the issuance to TGM of 2,500,000 shares of common stock,
par value $0.0001 per share as restricted stock, which are to be
issued within 15 days of July 12, 2025 and
(ii) a royalty on the total revenue derived by the Company
from:
(a) the sale, licensing, or commercialization of the TGM
IP, and/or
(b) the patented technology described in the eight
patents listed in the IP Sale and Assignment Agreement (the "ADIO
Patented Technology"), for the dissemination of audio signals,
including inaudible frequencies, through any and all devices
capable of producing sound, including but not limited to radios,
televisions, streaming platforms, retail shelf talkers, venue sound
systems, and wearable portable broadcast devices, before any
deductions for taxes, discounts, or other expenses.
The Royalty will be 15% of Gross Sales. The Royalty will be
calculated and paid quarterly, within 30 days of the end of the
relevant calendar quarter, beginning with the first full calendar
quarter following July 12, 2025. If the total Royalty paid to TGM
reaches $15 million, the Royalty percentage drops from 15% to 10%.
Unless terminated earlier, the IP Sale and Assignment Agreement
will expire upon the expiration of the patents included in the ADIO
Patented Technology.
The IP Sale and Assignment Agreement includes customary
representations and warranties and various customary covenants and
closing conditions that are subject to certain limitations.
The foregoing summary of the IP Sale and Assignment Agreement is
available at https://tinyurl.com/55rk3xaf
About Datavault AI
Datavault AI Inc. (f/k/a WiSA Technologies, Inc.) --
www.wisatechnologies.com -- develops and markets spatial audio
wireless technology for smart devices and home entertainment
systems. The Company's WiSA Association collaborates with consumer
electronics companies, technology providers, retailers, and
industry partners to promote high-quality spatial audio
experiences. WiSA E is the Company's proprietary technology for
seamless integration across platforms and devices.
San Jose, California-based BPM LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the
Company's recurring losses from operations, a net capital
deficiency, available cash and cash used in operations raise
substantial doubt about its ability to continue as a going
concern.
The Company has incurred net operating losses each year since
inception. As of December 31, 2024, the Company had cash and cash
equivalents of $3.3 million and reported net cash used in
operations of $17.5 million during the year ended December 31,
2024. The Company expects operating losses to continue in the
foreseeable future because of additional costs and expenses related
to research and development activities, plans to expand its product
portfolio, and increase its market share. The Company's ability to
transition to attaining profitable operations is dependent upon
achieving a level of revenues adequate to support its cost
structure.
DATAVAULT AI: Signs Definitive Agreement to Acquire API Media
-------------------------------------------------------------
Datavault AI Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that it entered into a
Stock Purchase Agreement with API Media Innovations Inc., a New
Jersey corporation, David Reese and Frank Tomaino, pursuant to
which the Company agreed to purchase from the Sellers all of the
outstanding shares of common stock of API Media for an aggregate
purchase price of:
(i) an amount in cash equal to $6,000,000,
(ii) 5,117,188 shares of common stock of the Company, par value
$0.001 per share, and
(iii) $2,000,000 payable in the aggregate in the form of
convertible promissory notes by the Company to the Sellers.
The Notes shall be in a form agreed to among the Company and the
Sellers and will payable in eight equal quarterly installments at
the end of every three months following the closing of the purchase
and sale of the API Shares, with the final payment due on the
second anniversary of the Closing. The Company has agreed to pay
interest at the rate of 10% per annum. At any time and at the
Sellers' option, the unpaid balance of the Notes shall be
convertible to Common Stock, in increments of $250,000, at a price
of $1.14 per share. Any unconverted balance of the Notes shall be
paid in cash on the second anniversary of the Closing.
The Purchase Agreement includes customary representations and
warranties and various customary covenants and closing conditions
that are subject to certain limitations. If required by the
applicable rules and regulations of the Nasdaq Capital Market, the
Company will obtain a written consent of the Company's stockholders
to issue the shares of Common Stock to the Sellers and inform the
stockholders of the Company of the receipt of the stockholder
consent by preparing and filing with the U.S. Securities and
Exchange Commission an information statement with respect thereto;
provided, however, that in the event the Company is unable to
obtain such prior written consent, then the Company shall organize
a stockholders meeting and obtain such stockholders' approval in a
duly convened stockholders' meeting.
The Closing is conditioned on Mr. Reese and Mr. Tomaino entering
into and delivering to the Company a consulting agreement, the form
of which shall be mutually agreed upon. Additionally, the Closing
is conditioned on the Company completing one or more financings
totaling a minimum of $10,000,000 in net proceeds.
Pursuant to the Purchase Agreement, the Purchase Agreement can be
terminated by mutual written consent of the parties, and also by
either party after August 12, 2025, if the closing shall have not
been consummated by the Outside Date.
Additionally, the Purchase Agreement can be terminated by either
party if a final, non-appealable order, decree or ruling enjoining
or otherwise prohibiting consummation of the purchase has been
issued by any governmental authority or if the other party is in
breach of the Purchase Agreement which has not been cured within
ten (10) days of written notice of such breach (provided that such
terminating party has not committed a material breach which is the
principal cause of the failure to close). In the event that the
Purchase Agreement is terminated by the Company for a reason other
than as permitted by the Purchase Agreement, the Company shall pay
to the Sellers an irrevocable and non-refundable breakup fee, in
cash equal to $1,000,000, pursuant to the terms provided for in the
Purchase Agreement.
The foregoing summary of the Purchase Agreement does not purport to
be complete and is qualified in its entirety by reference to the
full text of the Purchase Agreement, a copy of which is available
at https://tinyurl.com/3npfaa8k
About Datavault AI
Datavault AI Inc. (f/k/a WiSA Technologies, Inc.) --
www.wisatechnologies.com -- develops and markets spatial audio
wireless technology for smart devices and home entertainment
systems. The Company's WiSA Association collaborates with consumer
electronics companies, technology providers, retailers, and
industry partners to promote high-quality spatial audio
experiences. WiSA E is the Company's proprietary technology for
seamless integration across platforms and devices.
San Jose, California-based BPM LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the
Company's recurring losses from operations, a net capital
deficiency, available cash and cash used in operations raise
substantial doubt about its ability to continue as a going
concern.
The Company has incurred net operating losses each year since
inception. As of December 31, 2024, the Company had cash and cash
equivalents of $3.3 million and reported net cash used in
operations of $17.5 million during the year ended December 31,
2024. The Company expects operating losses to continue in the
foreseeable future because of additional costs and expenses related
to research and development activities, plans to expand its product
portfolio, and increase its market share. The Company's ability to
transition to attaining profitable operations is dependent upon
achieving a level of revenues adequate to support its cost
structure.
DEQSER LLC: Seeks to Extend Plan Exclusivity to November 6
----------------------------------------------------------
Deqser LLC and KNY 26671 LLC asked the U.S. Bankruptcy Court for
the District of Delaware to extend their exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
November 6, 2025 and January 5, 2026, respectively.
The Debtors explain that they have been operating under the
protection of chapter 11 for less than 4 months, and during this
short period of time have made significant and material progress in
administering these Chapter 11 Cases. The Debtors believe that, in
light of the progress that the Debtors have made in these Chapter
11 Cases over the past 4 months, and the Debtors' efforts to work
cooperatively with their stakeholders, it is reasonable and
appropriate that the Debtors be granted an extension of the
Exclusive Periods.
The Debtors claim that they have made significant and material
progress in these Chapter 11 Cases. These achievements are the
result of the extensive efforts of the Debtors, their management,
and their professionals, in cooperation with various parties in
interest in these chapter 11 cases, to maximize the value of the
Debtors' estates. Accordingly, the Debtors submit that this factor
weighs in favor of extending the Exclusive Period.
The Debtors assert that they have endeavored to establish and
maintain cooperative working relationships with key stakeholders
throughout the Chapter 11 process. The Debtors are not seeking the
extension of the Exclusive Periods to delay administration of these
chapter 11 cases or to exert pressure on their creditors, but
rather to facilitate the continued negotiation and formulation of a
chapter 11 plan. Thus, this factor also weighs in favor of the
requested extension of the Exclusive Periods.
The Debtors further assert that termination of the Exclusive
Periods would adversely impact the Debtors' efforts to preserve and
maximize the value of the estates and the progress in these Chapter
11 Cases. In effect, if the Court were to deny the Debtors' request
for an extension of the Exclusive Periods, any party in interest
would be free to propose an alternative chapter 11 plan for the
Debtors.
Counsel for the Debtors:
GELLERT SEITZ BUSENKELL & BROWN LLC
Ronald S. Gellert, Esq.
1201 North Orange Street, Suite 300
Wilmington, DE 19801
Tel:(302) 425-5806
E-mail: rgellert@gsbblaw.com
- and -
MAYERSON & HARTHEIMER, PLLC
Sandra E. Mayerson, Esq.
David H. Hartheimer, Esq.
Mayerson & Hartheimer, PLLC
845 Third Avenue, 11th Floor
New York, NY 10022
Tel: (646) 778-4381
Fax: (646) 778-4384
E-mail: sandy@mhlaw-ny.com
david@mhlaw-ny.com
About Deqser LLC
Deqser LLC is a business entity associated with Cooperative
Laundry, a commercial laundry service based in Kearny, New Jersey.
Operating from a state-of-the-art facility, the company supports
the hospitality industry with advanced, eco-efficient laundry
solutions.
Deqser sought protection under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Case No. 25-10687) on April 10, 2025. The Debtor
reported estimated assets and estimated liabilities of $1 million
to $10 million.
The Hon. Craig T Goldblatt presides over the case.
The Debtor's general bankruptcy counsel is Mayerson & Hartheimer,
PLLC and its local bankruptcy counsel is Gellert Seitz Busenkell &
Brown, LLC.
DESKTOP METAL: Files Bankruptcy Protection Under Chapter 11
-----------------------------------------------------------
Nano Dimension Ltd., a leader in Digital Manufacturing solutions,
announced on July 28, 2025, that its subsidiary, Desktop Metal,
Inc., has filed for bankruptcy protection under Chapter 11 of the
Bankruptcy Code.
The decision to file for bankruptcy protection was made by Desktop
Metal's independent Board of Directors, who conducted a process to
explore available strategic alternatives and address Desktop
Metal's significant liabilities and liquidity needs stemming from
decisions made by its prior management.
Ofir Baharav, Nano Dimension's CEO said: "We are safeguarding our
financial strength and preserving our position as the best
capitalized company in our ecosystem. This is what enables the
Company's to pursue strategic opportunities from a position of
maximum strength--and that is exactly what the Company's
shareholders should expect from us."
About Nano Dimension
Driven by strong trends in onshoring, national security, and
increasing product customization, Nano Dimension (Nasdaq: NNDM)
delivers advanced Digital Manufacturing technologies to the
defense, aerospace, automotive, electronics, and medical devices
industries, enabling rapid deployment of high-mix, low-volume
production with IP security and sustainable manufacturing
practices.
About Desktop Metal
Desktop Metal is driving Additive Manufacturing 2.0, a new era of
on-demand, digital mass production of industrial, military,
medical, and consumer products. Its innovative 3D printers,
materials, and software deliver the speed, cost, and part quality
required for this transformation. Today, Desktop Metal's systems
print metal, polymer, sand and other ceramics across these
cutting-edge applications. Manufacturers use its technology
worldwide to save time and money, reduce waste, increase
flexibility, and produce designs that solve the world's toughest
problems and enable once-impossible innovations. Learn more about
Desktop Metal and its #TeamDM brands at www.desktopmetal.com.
DESKTOP METAL: Files for Chapter 11 to Pursue Sale
--------------------------------------------------
Desktop Metal, Inc., and 15 affiliates have sought Chapter 11
protection to pursue a sale of the business.
Desktop Metal said in a statement that it has entered into an
agreement with an affiliate of Anzu Partners to purchase the
Company's ExOne GmbH, EnvisionTEC GmbH, ExOne KK, and AIDRO s.r.l.
foreign subsidiaries in a sale, subject to Court approval and
customary closing conditions.
To implement the sale and protect the business while it markets its
remaining assets, Desktop Metal has filed for Chapter 11 of the
U.S. Bankruptcy Code in the Southern District of Texas.
According to court filings, the boards of directors and sole
managing members of Desktop Metal, et al., have determined to file
for immediate protection under Chapter 11 of the Bankruptcy Code
after they assessed "the financial condition of the Company Group,
including liabilities and liquidity and the short-term and
long-term prospects available to the Company Group, and considered
the strategic alternatives available to the Company Group and the
related circumstances and situation."
About Desktop Metal
Desktop Metal, Inc., and its affiliates are a pioneer in the
additive manufacturing, or 3D printing, business, providing
innovative products and services related thereto. The Company's
innovative technologies have numerous applications in the
automotive, healthcare and dental, consumer products, heavy
industry, aerospace, machine design, and research and development
spaces, among others. Operations include the manufacturing and
sale of 3D printers and other manufacturing systems, the production
and sale of software and consumable materials for use in additive
technology processes, metal and industrial polymer manufacturing,
and providing sand casting products and services.
On July 28, 2025, Desktop Metal, Inc. and 15 U.S. affiliates each
filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code in Houston, Texas (Bankr. S.D. Tex.
Lead Case No. 25-90268).
Debtor Adaptive 3D Technologies, LLC, listed assets of $50 million
to $100 million and debt of $10 million to $50 million. Desktop
Metal listed less than $50,000 in assets and liabilities.
The Company is represented in this matter by Pachulski Stang Ziehl
& Jones LLP as legal counsel, FTI Consulting, Inc. as financial
advisor, and Piper Sandler & Co as investment banker. Kroll
Restructuring Administration LLC is the claims agent.
DESKTOP METAL: Seeks Chapter 11 Bankruptcy in Texas
---------------------------------------------------
Natalie Weger of Dow Jones Newswire reports that Nano Dimension
reported that its subsidiary, Desktop Metal, has filed for Chapter
11 bankruptcy protection on July 28, 2025.
According to the Waltham, Massachusetts-based digital manufacturing
firm, the filing was approved by Desktop Metal's independent board
of directors after evaluating strategic options to manage the
company's financial obligations and liquidity issues linked to
actions taken by former leadership.
"We're reinforcing our financial foundation and preserving our
status as the most well-capitalized player in our industry," said
Nano Dimension CEO Ofir Baharav.
About Desktop Metal Inc.
Desktop Metal Inc. is a manufacturer of advanced 3D printing
systems for metal additive manufacturing based in Burlington,
Massachusetts. The company develops industrial-grade 3D printers
and materials that enable production of metal parts at scale.
Desktop Metal Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90268) on July 28,
2025. In its petition, the Debtor reports estimated assets and
liabilities up to $50,000.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Benjamin Lawrence Wallen, Esq. at
Pachulski Stang Ziehl & Jones LLP.
DESKTOP METAL: Seeks Sale via Court-Supervised Bankruptcy
---------------------------------------------------------
Desktop Metal, Inc. and its U.S. affiliates, a manufacturing
company specializing in production-volume technologies, materials,
and applications, announced on July 28, 2025, that is has entered
into an agreement with an affiliate of Anzu Partners to purchase
the Company's ExOne GmbH, EnvisionTEC GmbH, ExOne KK, and AIDRO
s.r.l. foreign subsidiaries in a sale, subject to Court approval
and customary closing conditions.
To implement the sale and protect the business while it markets its
remaining assets, Desktop Metal has filed for Chapter 11 of the
U.S. Bankruptcy Code in the Southern District of Texas.
The Company values its stakeholders--employees, customers, vendors,
and other partners will be communicated with directly on next steps
in the coming days.
The Company is represented in this matter by Pachulski Stang Ziehl
& Jones LLP as legal counsel, FTI Consulting, Inc. as financial
advisor, and Piper Sandler & Co as investment banker.
About Anzu Partners
Anzu Partners is an investment firm that focuses on clean tech,
industrial and life science technology companies with the potential
to transform their industries. Anzu works with entrepreneurs to
develop and commercialize technological innovations by providing
capital alongside deep expertise in business development, market
positioning, global connectivity, and operations. As of 2024, Anzu
Partners managed assets of approximately $1 billion with a team of
over fifty professionals in offices across Atlanta, Boston, San
Diego, Tampa, and Washington DC. For more information, please visit
anzupartners.com.
About Desktop Metal
Desktop Metal is driving Additive Manufacturing 2.0, a new era of
on-demand, digital mass production of industrial, military,
medical, and consumer products. Its innovative 3D printers,
materials, and software deliver the speed, cost, and part quality
required for this transformation. Today, Desktop Metal's systems
print metal, polymer, sand and other ceramics across these
cutting-edge applications. Manufacturers use its technology
worldwide to save time and money, reduce waste, increase
flexibility, and produce designs that solve the world's toughest
problems and enable once-impossible innovations. Learn more about
Desktop Metal and its #TeamDM brands at www.desktopmetal.com.
DESKTOP METAL: To Sell Equity Interest to Anzu Special Acquisition
------------------------------------------------------------------
Desktop Metal Inc. and its affiliates, seek permission from the
U.S. Bankruptcy Court for the Southern District of Texas, Houston
Division, to sell Assets, free and clear of liens, claims, and
encumbrances.
The Debtors are a pioneer in the additive manufacturing, or 3D
printing, business, providing innovative products and services. The
Debtors' innovative technologies have numerous applications in the
automotive, healthcare and dental, consumer products, heavy
industry, aerospace, machine design, and research and development
spaces, among others. The Debtors' operations include the
manufacturing and sale of 3D printers and other manufacturing
systems, the production and sale of software and consumable
materials for use in additive technology processes, metal and
industrial polymer manufacturing, and providing sand casting
products and services.
The Debtors filed the chapter 11 cases to effectuate the Private
Sale Transaction and sell their
remaining available assets with the goal of preserving the Debtors'
going concern value, jobs, and vendor relationships and maximizing
returns for all constituents.
The Debtors urgently seek approval of the Private Sale Transaction
at the first day hearing because the
Debtors have no other funding sources aside from closing the
Private Sale Transaction and accessing the proceeds therefrom for
the benefit of these estates in order to pursue a comprehensive
sale process with respect to the remainder of the Debtors’
assets.
Moreover, without Court approval of the Private Sale Transaction on
or before July 29, 2025, with a closing by July 30, 2025, the
Debtors have been informed by their non-Debtor German subsidiaries
that the director will have no other choice but immediately to file
a German insolvency proceeding. The Debtors expect that their other
foreign subsidiaries are likely to file their own insolvency
proceedings thereafter, eliminating the $10 million in value for
such foreign non-Debtor subsidiaries for the Debtors' estates
generated by the Private Sale Transaction. The alternative to
approval of the Private Sale Transaction is immediate conversion of
these chapter 11 cases to chapter 7 and a hard stop liquidation
that will not maximize value.
The total consideration for the Private Sale Transaction is $10
million, plus the dollar equivalent of any excess cash held in the
Debtors' foreign subsidiaries, but which is expected to yield $0.
Closing of the Private Sale Transaction is expected to occur in two
tranches: an initial sale closing of certain assets by no later
than July 30, 2025 for $4 million in cash payable by Buyer to the
Debtors' estates and then a subsequent sale closing of certain
additional assets by no later than August 11, 2025 for $6 million
in cash payable by Buyer to the Debtors' estates.
The Debtors engaged Piper, Sandler & Co. as investment banker in
connection with the Debtors' restructuring efforts, including
efforts to identify a going concern buyer or buyers and to find a
financier willing to fund the restructuring process.
The Debtors' existing lenders and noteholders also refused to
provide any additional financing to the Debtors. Only Buyer has
stepped up with a sale that will maximize the value of the Debtors'
foreign
subsidiaries under these facts and circumstances and yield
immediate cash for these estates.
Absent approval of the Private Sale Transaction, the Debtors’
foreign subsidiaries will commence
insolvency proceedings of their own, which likely will yield no
value for the Debtors’ estates.
The material terms of the Asset Purchase Agreement are:
-- Sellers: Certain of the Debtors consisting of: Desktop Metal
Operating, Inc., Desktop Metal, Inc., ExOne Operating, LLC, and
EnvisionTec US LLC.
-- Buyer: Anzu Special Acquisition Corp II.
-- Purchased Equity: All of the Debtors' equity interests in ExOne
GmbH, a German limited liability company, ExOne KK, a Japanese
corporation, A.I.D.R.O. Srl, an Italian limited liability company,
and EnvisionTec GmbH, a German limited liability company.
-- Purchased Assets: (i) The Intellectual Property and other assets
owned by the applicable Sellers as set forth on Exhibit A to the
APA under the heading "July 28 Purchased Assets"; and (ii) the
Intellectual Property and other assets owned by the applicable
Sellers.
-- Purchase Price:
(i) The aggregate consideration to be paid by Buyer to the
Sellers for the July 28 Purchased Assets and July 28 Purchased
Equity shall be Four Million Dollars ($4,000,000.00) in cash. In
addition, the July 28
(ii) Purchased Assets owned by ExOne Operating shall be
transferred to ExOne Germany in exchange for the cancellation of an
account receivable owed by ExOne Operating to ExOne Germany in an
amount of approximately EUR724,000.
(iii) The aggregate consideration to be paid by Buyer to the
Sellers for the August 8 Purchased Assets and August 8 Purchased
Equity shall be $6,000,000.00 in cash.
The Debtors believe that consummating the APA and selling the
applicable Debtors’ specified foreign
and related assets through the Private Sale Transaction is a
reasonable exercise of the Debtors'
sound business judgment and is proposed for a legitimate business
purpose.
About Desktop Metal Inc.
Desktop Metal designs and markets 3D printing systems. ExOne's
business primarily consisted of manufacturing and selling 3D
printing machines and printing products to specification for its
customers for both direct and indirect applications. ExOne offered
its pre-production collaboration and print products for customers
through its network of ExOne Adoption Centers and supplied the
associated materials, including consumables and replacements parts,
and other services, including training and technical support,
necessary for purchasers of its 3D printing machines to print
products.
Desktop Metal sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90268 (CML).
Judge Christopher M. Lopez presides over the case.
Benjamin Lawrence Wallen at Pachulski Stang Ziehl & Jones LLP
serves as the debtor's counsel.
DIOCESE OF ROCHESTER: CNA Loses Bid to File Objections Under Seal
-----------------------------------------------------------------
The Honorable Paul R. Warren of the United States Bankruptcy Court
for the Western District of New York denied the ex parte motion of
The Continental Insurance Company for an order authorizing it to
file under seal for in camera review its objections to confirmation
of The Diocese of Rochester's reorganization plan.
Pointing to the Court's Order requiring attorneys representing
multiple claimants to comply with FRBP 2019, and characterizing
that Order as a confidentiality order, CNA expresses concerns about
what information can and cannot be filed on the docket. CNA says it
is being careful to avoid a disclosure of information obtained from
counsel Jeff Anderson through the Rule 2019 disclosures, which was
marked as "confidential" at the time of disclosure.
The Court's Order directing attorneys representing multiple
claimants, like Mr. Anderson, to provide information required by
Rule 2019 -- including information concerning litigation financing
-- included a provision that all documents relating to litigation
financing agreements shall not be placed on the electronic docket.
In this case CNA is not proposing to file such documents on the
docket, it is making a legal argument about the potential issues
related to litigation financing in its objection to confirmation,
which includes the amount loaned, terms of the loan(s), and alleged
potential impacts on borrowers. Further, CNA's expert witness,
Professor Samir Parikh, is expected to testify in detail about the
litigation financing obtained by Mr. Anderson.
CNA seeks to file its entire 72-page objection to confirmation
under seal. According to the Court, if granted, the public would be
denied access to the entire document. And yet, the only a handful
of words have been highlighted by CNA as containing potentially
confidential information.
The Court says the party seeking a seal order must demonstrate that
the material contained in a filing is either:
(1) in the nature of a trade secret or commercial information,
or
(2) scandalous or defamatory.
CNA argues that the information concerning litigation financing
received by Mr. Anderson is scandalous or defamatory. The Court
notes it is well-settled that potential reputational harm is
insufficient to overcome the common law presumption in favor of
public access to court records.
The information concerning litigation financing is not scandalous.
Therefore, the objection cannot be sealed under Sec. 107(b)(2) of
the Code, the Court finds. That leaves Sec. 107(b)(1) as the basis
to seal the objection, although not asserted by CNA.
The existence of a so-called confidentiality order or
confidentiality agreement is not outcome determinative. Filings
with the Court can only be sealed from public view if one of the
two exceptions under Sec. 107(b) of the Code are demonstrated by
the movant. The Court finds that CNA's objection to confirmation is
not entitled to protections under either Sec. 107(b)(1) or (2). As
a result, CNA's ex parte motion is denied.
A copy of the Court's Decision and Order dated July 22, 2025, is
available at https://urlcurt.com/u?l=SeeGyu from PacerMonitor.com.
About The Diocese of Rochester
The Diocese of Rochester in upstate New York provides support to 86
Roman catholic parishes across 12 counties in upstate New York. It
also operates a middle school, Siena Catholic Academy. The diocese
has 86 full-time employees and six part-time employees and provides
medical and dental benefits to an additional 68 retired priests and
two former priests.
The diocese generated $21.88 million of gross revenue for the
fiscal year ending June 30, 2019, compared with a gross revenue of
$24.25 million in fiscal year 2018.
The Diocese of Rochester filed for Chapter 11 bankruptcy protection
(Bankr. W.D.N.Y. Case No. 19-20905) on Sept. 12, 2019, amid a wave
of lawsuits over alleged sexual abuse of children. In the petition,
the diocese was estimated to have $50 million to $100 million in
assets and at least $100 million in liabilities.
Bond, Schoenec & King, PLLC and Bonadio & Co. serve as the
diocese's legal counsel and accountant, respectively. Stretto is
the claims and noticing agent.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors in the diocese's Chapter 11 case. Pachulski
Stang Ziehl & Jones, LLP and Berkeley Research Group, LLC serve as
the committee's legal counsel and financial advisor, respectively.
DOUBLE T STEEL: Seeks Subchapter V Bankruptcy in Texas
------------------------------------------------------
On July 26, 2025, Double T Steel 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 $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Double T Steel LLC
Double T Steel LLC is a Houston-based company likely operating in
the steel industry.
Double T Steel LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34239) on July 26,
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 Jeffrey P. Norman handles the case.
The Debtor is represented by Reese W. Baker, Esq. at Baker &
Associates.
DOUBLESHOT HOLDINGS: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------------
Doubleshot Holdings got the green light from the U.S. Bankruptcy
Court for the Middle District of Florida, Tampa Division, to use
cash collateral.
At the hearing held on July 24, the court granted the Debtor's
motion to use cash collateral on an interim basis until September
11.
Doubleshot, an event rental business, filed for bankruptcy on July
18 and continues to operate as a debtor-in-possession. It
previously secured a loan from Servis First Bank, granting the
lender a security interest in its accounts receivable. The Debtor
intends to propose a reorganization plan and asserts that access to
cash is essential to maintain operations and cover business
expenses.
The bank has withheld three months' worth of payments from the
Debtor's pre-bankruptcy account, and the Debtor agrees to continue
making adequate protection payments.
About Doubleshot Holdings
Doubleshot Holdings sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04915) on July 18,
2025. In the petition signed by Mark Krajcir, managing member, the
Debtor disclosed up to $100,000 in assets and up to $1 million in
liabilities.
Judge Roberta A. Colton oversees the case.
Samantha L. Dammer, Esq., at Bleakley Bavol Denman & Grace,
represents the Debtor as legal counsel.
Servis First Bank, as Lender, is represented by:
Lara Roeske Fernandez, Esq.
TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O’NEILL & MULLIS, P.A.
101 East Kennedy Boulevard, Suite 2700
Tampa, Florida 33602
Tel: (813) 223-7474
Fax: (813) 229-6553
Email: LFernandez@trenam.com
ESSENZA EDGEWATER: Case Summary & One Unsecured Creditor
--------------------------------------------------------
Debtor: Essenza Edgewater LLC
1331 Brickell Bay Drive, #4607
Miami, FL 33131
Business Description: Essenza Edgewater is a single-asset real
estate company that owns the fee simple
interest in Unit 5701 at 788 NE 23rd Street
in Miami, Florida.
Chapter 11 Petition Date: July 27, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-18574
Judge: Hon. Laurel M. Isicoff
Debtor's Counsel: Diego G. Mendez, Esq.
MENDEZ LAW OFFICES
P.O. Box 228630
Miami, FL 33222
Tel: 305-264-9090
E-mail: INFO@MENDEZLAWOFFICES.COM
Estimated Assets: $0 to $50,000
Estimated Liabilities: $10 million to $50 million
The petition was signed by Juan Jose Rendon Delgado as authorized
member.
The Debtor identified Florida Real Estate Ventures LLC, care of
Lippes Mathias LLP at 4420 Beacon Circle, West Palm Beach, Florida,
as its only unsecured creditor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/XWMHAII/ESSENZA_EDGEWATER_LLC__flsbke-25-18574__0001.0.pdf?mcid=tGE4TAMA
FAIRFIELD SENTRY: Rothschild Loses Bid to Dismiss Adversary Case
----------------------------------------------------------------
Judge John P. Mastando III of the United States Bankruptcy Court
for the Southern District of New York denied the motion of the
Defendant, Rothschild & Co. Bank AG (sued as Rothschild Bank AG
Zurich (Dublin) a/k/a Rothschild Bank AG) ("RCBAG"), to dismiss the
fifth amended complaint in the adversary proceeding captioned as
FAIRFIELD SENTRY LTD. (In Liquidation), et al., Plaintiffs, v. ABN
AMRO SCHWEIZ AG a/k/a AMRO (SWITZERLAND) AG, et al., Defendants,
Adv. Pro. No. 10-03636 (JPM) (Bankr. S.D.N.Y.) for lack of personal
jurisdiction.
This adversary proceeding was filed on Sept. 21, 2010. Kenneth M.
Krys and Greig Mitchell, in their capacities as the duly appointed
Liquidators and Foreign Representatives of Fairfield Sentry Limited
(In Liquidation), Fairfield Sigma Limited (In Liquidation), and
Fairfield Lambda Limited (In Liquidation) filed the Amended
Complaint on Aug. 12, 2021. Via the Amended Complaint, the
Liquidators seek the imposition of a constructive trust and
recovery of over $1.7 billion in redemption payments made by
Sentry, Sigma, and Lambda to various entities known as the Citco
Subscribers. Of that amount, Defendant allegedly received
approximately $10.097 million through redemption payments from its
investment in Sentry and Sigma from June 2004 through November
2008.
This adversary proceeding arises out of the decades-long effort to
recover assets of the Bernard L. Madoff Investment Securities LLC
Ponzi scheme. The Citco Subscribers allegedly invested, either for
their own account or for the account of others, into several funds
-- including Sentry, Sigma, and Lambda -- that channeled
investments into BLMIS.
The Amended Complaint alleges that investors received payments on
account of their shares in the Fairfield Funds based on a
highly-inflated Net Asset Value. The Citco Subscribers and the
beneficial shareholders were allegedly such investors. To calculate
the NAV, administrators used statements provided by BLMIS that
showed securities and investments, or interests or rights in
securities and investments, held by BLMIS for the account of
Sentry. In fact, no securities were ever bought or sold by BLMIS
for Sentry, and none of the transactions on the statements ever
occurred. The money sent to BLMIS by the Fairfield Funds for the
purchase of securities was instead used by Bernard Madoff to pay
other investors or was misappropriated by Madoff for other
unauthorized uses. The NAVs were miscalculated, and redemption
payments were made in excess of the true value of the shares. The
Fairfield Funds were either insolvent when the redemption payments
were made or were made insolvent by those payments.
RCBAG is a corporate entity organized under the laws of Switzerland
with a registered address in Zurich, Switzerland. RCBAG allegedly
invested into and redeemed shares of Sentry and Sigma through
several companies within the Citco corporate family. Investments
into the Funds were registered in the name of Citco Fund Services
(Europe) B.V., and Citco Global Custody N.V. Citco Bank Nederland
N.V. Dublin Branch allegedly carried out subscriptions and
redemptions on behalf of RCBAG and other investors. Citco Bank and
Citco Global Custody served as the subscriber of record for RCBAG's
shares of the Fairfield Funds. The Citco Subscriber was organized
under the laws of either Curacao or the Netherlands.
RCBAG invested in two Fairfield feeder funds -- Sentry and Sigma --
in 1999 via the Citco Subscriber, which is alleged to have
facilitated investments in the Fairfield Funds for numerous
shareholders in this proceeding. In connection with such
investments, RCBAG opened an account at Citco Bank. The Defendant
also allegedly retained the Citco Subscriber as its agent by July
30, 1999, when the parties entered into a Brokerage and Custody
Agreement.
From 1999 through 2008, RCBAG allegedly subscribed through the
Citco Subscriber for 58,982.89 shares of Sentry and Sigma. RCBAG,
through the Citco Subscriber, redeemed a total of $10,097,230.04
through 24 redemptions from Sentry and 17 redemptions from Sigma
during the Investment Period. In addition to these redemption
payments, RCBAG allegedly received fees from the clients on whose
behalf it invested. At the directions and instructions of the Citco
Subscriber, as the alleged agent of RCBAG, some of the Redemption
Payments were received at designated United States-based bank
accounts.
The Amended Complaint alleges that the Citco Subscribers, including
the purported agents of RCBAG, had knowledge of the Madoff fraud,
and therefore knowledge that the Net Asset Value was inflated when
the redemption payments were made. The Amended Complaint further
asserts that, while receiving redemption payments, the Citco
Subscribers uncovered multiple additional indicia that Madoff was
engaged in some form of fraud but turned a blind eye, and accepted
millions of dollars while willfully ignoring or, at the very least,
recklessly disregarding the truth in clear violation of the law of
the British Virgin Islands.
The Amended Complaint seeks the imposition of a constructive trust
on the redemption payments received from the Fairfield Funds.
The Amended Complaint alleges that the defendants, including RCBAG
as a beneficial shareholder of certain accounts, purposefully
availed themselves of the laws of the United States and the State
of New York by investing money with the Funds, and knowing and
intending that the Funds would invest substantially all of that
money in New York-based BLMIS.
Defendant has moved to dismiss the Amended Complaint for lack of
personal jurisdiction, arguing that the Amended Complaint has not
sufficiently alleged minimum contacts with the forum to establish
personal jurisdiction over Defendant and that exercising personal
jurisdiction would be unreasonable.
The Liquidators argue that exercising jurisdiction over Defendant
would be reasonable and that Defendant's contacts with the United
States, through its own actions and those of its purported agent,
in knowingly and intentionally investing in Sentry and Sigma, using
U.S. correspondent accounts to invest in and receive payments from
the Funds, and conducting other business activities support
personal jurisdiction.
The Plaintiffs' allegations and supporting evidence of intentional
investments into BLMIS in New York, selection and use of U.S.-based
correspondent accounts, possible due diligence communications with
FGG in New York as described above, demonstrate that RCBAG took
affirmative actions on its own apart from the conduct of the
Plaintiffs. The Liquidators have shown that the Defendant knew and
intended that, by investing in the Funds, Defendant's money would
enter into U.S.-based BLMIS. This certainty can be found in the
Fairfield Funds' contractual obligation to invest at least 95% of
the money they received in U.S.-based BLMIS. Moreover, the
Plaintiffs have alleged that the Defendant, through its agent,
conducted due diligence investigations and benefited from the
materials that it received from FGG which confirmed the investments
would be made with BLMIS in New York.
The Court thus finds that Defendant's selection and use, through
its agent, of U.S. correspondent accounts, due diligence, and
communications with FGG concerning investments with BLMIS in New
York support the Court's exercise of jurisdiction over the claims
for receiving redemption payments from the Fairfield Funds with the
knowledge that the NAV was wrong. The contacts are not random,
isolated, or fortuitous. The Plaintiffs have thus provided evidence
sufficient to support a prima facie showing that the Defendant had
minimum contacts with the forum. Accordingly, the Court finds that
the Defendant's conduct would also satisfy the more flexible
jurisdictional inquiry under the Fifth Amendment.
A copy of the Court's Memorandum Opinion and Order dated July 22,
2025, is available at https://urlcurt.com/u?l=KrI2Xi
Attorneys for Defendant, Rothschild & Co. Bank AG (sued as
Rothschild BANK AG Zurich (Dublin) a/k/a Rothschild Bank AG):
John F. Zulack, Esq.
Lauren J. Pincus, Esq.
David A. Shaiman, Esq.
John S. Craig, Esq.
Bianca Lin, Esq.
ALLEGAERT BERGER & VOGEL LLP
111 Broadway
New York, NY 10006
Email: jzulack@abv.com
lpincus@abv.com
dshaiman@abv.com
jcraig@abv.com
blin@abv.com
Attorneys for the Plaintiffs, Joint Liquidators:
David J. Molton, Esq.
Marek P. Kryzowski, Esq.
BROWN RUDNICK LLP
Seven Times Square
New York, NY 10036
Email: dmolton@brownrudnick.com
mkrzyzowski@brownrudnick.com
About Fairfield Sentry
Fairfield Sentry Limited is being liquidated under the supervision
of the Commercial Division of the High Court of Justice in the
British Virgin Islands. It is one of the funds owned by the
Fairfield Greenwich Group, an investment firm founded in 1983 in
New York. Fairfield Sentry and other Greenwich funds had among the
largest exposures to the Bernard L. Madoff fraud.
Fairfield Sentry became the subject of a BVI liquidation, and a BVI
court appointed Kenneth M. Krys and Greig Mitchell as Liquidators
and Foreign Representatives of Fairfield Sentry and Fairfield Sigma
under BVI law. The Liquidators then sought recognition of the BVI
liquidation as a foreign main proceeding by filing petitions under
Chapter 15 of the Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No.
10-13164) on June 14, 2010 in the Southern District of New York.
The Bankruptcy Court entered an order granting recognition of the
Fairfield Sentry case on July 22, 2010, enabling the Liquidators to
use the U.S. Bankruptcy Court to protect and administer Fairfield
Sentry's assets in the U.S.
FELTRIM BALMORAL: Gets Extension to Access Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida issued
an interim order allowing Feltrim Balmoral Estates, LLC and its
affiliates to use cash collateral pending a further hearing on
September 9.
The order authorized the Debtors to use cash collateral, which
consists of cash, deposit accounts, account receivables and
proceeds from business operations, subject to compliance with the
Debtors' budgets, with a 10% variance.
The budget shows total operational expenses of $121,926.67 from
July to September.
As adequate protection, secured creditors Seacoast National Bank
and Lynk Capital, LLC will be granted continuing and perfected
replacement liens on assets similar to their pre-bankruptcy
collateral, with the same priority, validity and extent as their
pre-bankruptcy liens. In addition, Seacoast will continue to
receive a monthly payment of $5,000.
As further protection, the Debtors were ordered to keep the secured
creditors' collateral insured.
Seacoast is represented by:
Robert A. Cooper, Esq.
Hahn Loeser & Parks LLP
2400 First Street, Suite 300
Fort Myers, FL 33901
Telephone: 239-337-6730
Fax: 239-337-6701
racooper@hahnlaw.com
-- and --
Daniel A. DeMarco, Esq.
Hahn Loeser & Parks LLP
200 Public Square, Suite 2800
Cleveland, OH 44114
Telephone: 216-621-0150
Facsimile: 216-241-2824
dademarco@hahnlaw.com
Lynk Capital is represented by:
Allan E. Wulbern, Esq.
Smith Hulsey & Busey
One Independent Drive, Suite 3300
Jacksonville, FL 32202
(904) 359-7700
(904) 359-7708 (facsimile)
awulbern@smithhulsey.com
About Feltrim Balmoral Estates
Feltrim Balmoral Estates, LLC owns a clubhouse located at 124 Kenny
Blvd., Haines City, Fla., having a fair value of $3 million.
Feltrim Balmoral Estates and its affiliates filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. M.D. Fla. Case No. 24-02122) on April 17, 2024. The case is
jointly administered in Case No. 24-02122.
In the petitions signed by Garrett Kenny, owner and manager,
Feltrim Balmoral Estates disclosed $4,657,697 in assets and
$16,239,519 in liabilities; The Enclave At Balmoral, LLC disclosed
$5,091,844 in assets and $10,565,256 in liabilities; and Balmoral
Estates, LP listed $14,327,306 in assets and $25,909,466 in
liabilities.
Judge Catherine Peek McEwen oversees the cases.
Alberto F Gomez, Jr., Esq., at Johnson Pope Bokor Ruppel & Burns,
LLP is the Debtors' legal counsel.
FTX TRADING: Judge to Consider if Prosecutors Breached Plea Promise
-------------------------------------------------------------------
Pete Brush of Law360 reports that a Manhattan federal judge said on
Monday, July 28, 2025, that he will examine claims by crypto
lobbyist Michelle Bond, who alleges she was charged with campaign
finance violations despite assurances that her husband, former FTX
executive Ryan Salame, would plead guilty in exchange for her not
being prosecuted.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
GENESIS HEALTHCARE: Section 341(a) Meeting of Creditors on Aug. 18
------------------------------------------------------------------
The U.S. Trustee for Region 6 will convene a meeting of creditors
of Genesis Healthcare Inc. and its debtor-affiliates on Aug. 18,
2025, at 2:00 p.m. (CT). The meeting will be held via telephone
conference. Toll free number: (866) 818-4570, Alternate number:
(203) 480-2179, Participants passcode: 3304120.
Further information regarding the notice, please call (888)
861-3979 (toll free for U.S. and Canadian-based parties) or +1
(971) 306-9937 (for international parties) or email
GenesisHCCInfo@epiqglobal.com. You may access documents and case
information at https://dm.epiq11.com/Genesis.
About Genesis Healthcare Inc.
Genesis Healthcare Inc. is a Medical Group, based in Culver City,
CA. The medical group, which has also operated under the names
Daehan Prospect Medical Group and Prospect Genesis Healthcare,
provides physician services in Southern California.
Genesis Healthcare sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case 25-80185) on July 9, 2025.
In its petition, the Debtor listed assets and liabilities between
$1 billion and $10 billion.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. at McDermott
Will & Emery LLP.
GLOBAL CLEAN ENERGY: Court Confirms Reorganization Plan
-------------------------------------------------------
Global Clean Energy Holdings, Inc. (GCE), a vertically integrated
renewable fuels company, announced on July 29, 2025, that the U.S.
Bankruptcy Court for the Southern District of Texas has confirmed
its Chapter 11 Plan of Reorganization.
"We're pleased the Court has confirmed our plan, allowing us to
successfully restructure our capital in under four months—right
on schedule," said Noah Verleun, GCE's President and CEO. "We're
grateful to our lenders and partners for their continued support,
which, along with this confirmation, positions us to execute our
business strategy with renewed financial strength. I also want to
thank our employees for their commitment to safety, reliability,
and performance throughout this critical period. With the plan
approved, we're excited to move forward in advancing our mission
for a more sustainable energy future."
The confirmed plan outlines a comprehensive restructuring that will
simplify GCE’s capital structure, provide fresh liquidity to
support operations, and position the company for long-term growth.
GCE expects to emerge from Chapter 11 by mid-August 2025, pending
completion of final documentation.
About Global Clean Energy Holdings Inc.
Global Clean Energy Holdings Inc. is a renewable energy company
that produces ultra-low carbon fuels from proprietary strains of
Camelina sativa, a nonfood crop. The Company manages the full value
chain -- from cultivation to fuel production -- at facilities
including its plant in Bakersfield, California. It operates
internationally and collaborates with growers to support
large-scale Camelina cultivation.
Global Clean Energy Holdings Inc. and affiliates sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex.
Lead Case 25-90113) on April 16, 2025. In its petition, the Debtor
reports total assets as of Sept. 30, 2024 amounting to
$1,598,001,000 and total debts as of Sept. 30, 2024 totalling
$1,584,749,000.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtors tapped Joshua A. Sussberg, P.C., Brian Schartz, P.C.,
Ross J. Fiedler, Esq., and Peter A. Candel, Esq. at KIRKLAND &
ELLIS LLP and KIRKLAND & ELLIS INTERNATIONAL LLP. The Debtors
tapped Jason L. Boland, Esq., Robert B. Bruner, Esq., Julie
Harrison, Esq., and Maria Mokrzycka, Esq. at NORTON ROSE FULBRIGHT
US LLP. LAZARD FRERES & CO. LLC is the Debtors' Investment Banker.
ALVAREZ & MARSAL NORTH AMERICA, LLC is the Debtors' Financial
Advisor.EPIQ CORPORATE RESTRUCTURING, LLC is the Debtors' Noticing
& Claims Agent. HILCO VALUATION SERVICES, LLC is the Debtors'
Appraisal Advisor.
GYLMAR DEVELOPMENTS: Case Summary & Nine Unsecured Creditors
------------------------------------------------------------
Debtor: Gylmar Developments, Inc.
8485 NW 54th Street
Miami, FL 33166
Business Description: Gylmar Developments, Inc. owns and manages a
commercial property in Doral, Florida.
Chapter 11 Petition Date: July 28, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-18606
Judge: Hon. Robert A Mark
Debtor's Counsel: Michael Hoffman, Esq.
LESSNE HOFFMAN, PLLC
100 SE 3rd Ave., 10th Floor
Fort Lauderdale, FL 33394
Tel: (954) 372-5759
E-mail: mhoffman@lessnehoffman.law
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Maria Cristina Gonzalez 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/WWEX6YQ/Gylmar_Developments_Inc__flsbke-25-18606__0001.0.pdf?mcid=tGE4TAMA
HALL LABS: Wrongful Death Claims Transferred to Utah Court
----------------------------------------------------------
Judge Clay D. Land of the United States District Court for the
Middle District of Georgia granted Kellie Fergison's motion to
sever to the extent that her claims against three non-debtor
Defendants Vanderhall Motorworks Inc., Extreme Powersports Inc. and
General Motors LLC are severed from the claims against Hall Labs
LLC in the case captioned as KELLIE FERGISON, Plaintiff, vs.
VANDERHALL MOTORWORKS INC., HALL LABS, LLC, EXTREME POWERSPORTS
INC., and GENERAL MOTORS LLC, Defendants, Case No.
4:25-cv-00146-CDL (M.D. Ga.). The plaintiff's action against the
three non-debtor Defendants is remanded to the State Court of
Muscogee County, Georgia.
The Court denied Vanderhall's motion to transfer. The Court granted
Hall Labs's motion to transfer, holding that the claims against the
debtor Defendant shall be transferred to the U.S. District Court
for the District of Utah, where the related bankruptcy matter is
Petition # 25-21038.
Plaintiff's husband died following a single-vehicle crash of his
Vanderhall Venice vehicle. Plaintiff brought this wrongful death
action in the State Court of Muscogee County. She alleges that:
(1) Defendant Vanderhall Motorworks, Inc. designed,
manufactured, and marketed the vehicle, then sold it to Plaintiff's
husband through a dealership;
(2) Defendant Hall Labs LLC, a shareholder of Vanderhall,
provided consulting and technical assistance to Vanderhall for the
design, manufacture, marketing, and sale of the vehicle;
(3) Defendant General Motors LLC sold Vanderhall electronic
vehicle modules that were used on the vehicle; and
(4) Defendant Extreme Powersports Inc. is the dealership that
sold the vehicle to Plaintiff's husband.
Plaintiff asserts that her husband's death was caused by
Defendants' defective product design, inadequate warnings, breach
of warranties, and negligence.
After Plaintiff filed the state court action, Hall Labs filed a
motion to dismiss the claims against it for lack of personal
jurisdiction in Georgia. Hall Labs also raised lack of personal
jurisdiction as an affirmative defense in its answer. It then filed
a voluntary Chapter 11 petition in the United States Bankruptcy
Court for the District of Utah, where it is pending as Petition #
25-21038. Vanderhall removed the action to this Court under the
bankruptcy removal statute, 28 U.S.C. Sec. 1452(a). The state court
did not decide Hall Labs' motion to dismiss for lack of personal
jurisdiction before removal.
Hall Labs and Vanderhall argue that this action should be
transferred to the U.S. District Court for the District of Utah
because the wrongful death claims against Hall Labs are related to
the Hall Labs chapter 11 proceeding, the claims against Vanderhall
are also related to the Hall Labs chapter 11 proceeding, and
federal law permits such a transfer. Plaintiff, on the other hand,
opposes a transfer and argues that the Court should sever the
claims against the nondebtor Defendants and remand them to the
state court. She also contends that the Court must abstain from
hearing her claims against Hall Labs and remand them to the state
court, where they would still be subject to the automatic
bankruptcy stay. In the alternative, Plaintiff asserts that the
claims against the nondebtor Defendants should be severed and
remanded and that the claims against Hall Labs should remain in
this Court, subject to the bankruptcy stay. General Motors and
Extreme Powersports did not weigh in on the motion to sever or
either motion to transfer.
In this case, Plaintiff's claims against Hall Labs are subject to
the automatic bankruptcy stay. Severing the claims against Hall
Labs will allow Plaintiff's claims against the non-debtor
Defendants to proceed without delay while protecting the debtor
Defendant's estate, and the Court is not persuaded that severance
will substantially prejudice any party. The Court thus finds that
considerations of judicial economy, prejudice to the parties, and
fundamental fairness weigh in favor of severing Plaintiff's claims
against Hall Labs.
Vanderhall argues that Plaintiff's claims against it are so closely
related to the claims against Hall Labs that severance should not
be permitted. Vanderhall asserts that the state law tort claims
against it are "related to" the state law tort claims against Hall
Labs, which are in turn "related to" the Hall Labs bankruptcy
proceeding.
Vanderhall did not clearly explain how the outcome of the claims
against it (or the other non-debtor Defendants) could conceivably
have any effect on the Hall Labs bankruptcy estate. The Court is
not persuaded that the claims against Hall Labs are so intertwined
with the claims against the non-debtor Defendants that severance
would be inappropriate.
The claims against Hall Labs are indisputably "related to" the
bankruptcy proceeding. Although Hall Labs has not refiled the
motion to dismiss in this Court, it did promptly file a motion to
transfer the claims against it to a court where it does not contest
personal jurisdiction. Under these circumstances, particularly the
concerns about personal jurisdiction over Hall Labs, the Court
finds that abstention is not appropriate. The Court further finds
that it is in the interest of justice to transfer Plaintiff's
claims against Hall Labs to the U.S. District Court for the
District of Utah. The Utah court can then decide where Plaintiff's
claims against Hall Labs should be tried.
A copy of the Court's Order dated July 22, 2025, is available at
https://urlcurt.com/u?l=J9NV9u from PacerMonitor.com.
About Hall Labs LLC
Hall Labs LLC focuses on developing and monetizing intellectual
property across various industries by bringing together scientists
and engineers to solve complex problems. After prototyping and
market validation, Hall Labs licenses its technologies to newly
formed entities, which then commercialize and further develop the
innovations. The Company generates revenue through the sale of
technologies, patents, and company interests, while its portfolio
companies become self-sustaining and progress toward an exit.
Hall Labs sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Utah Case No. 25-21038) on March 5, 2025. In its
petition, the Debtor reported assets between $100 million and $500
million and liabilities between $50 million and $100 million.
Honorable Bankruptcy Judge Joel T. Marker handles the case.
Andres Diaz, Esq., at Diaz & Larsen serves as the Debtor's
counsel.
HERTZ CORP: Allspring Multi-Sector Marks $748,000 Loan at 23% Off
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Allspring Multi-Sector Income Fund has marked its $748,374 loan
extended to Hertz Corp. to market at $578,119 or 77% of the
outstanding amount, according to Allspring Multi-Sector's Form
N-CSRS for the fiscal year ended April 30, 2025, filed with the
U.S. Securities and Exchange Commission.
Allspring Multi-Sector is a participant in a Loan to Hertz Corp.
The loan accrues interest at a rate of 8.04% per annum. The loan
matures on June 30, 2028.
Allspring Multi-Sector was organized as a statutory trust under the
laws of the state of Delaware on April 10, 2003 and is registered
as a diversified closed-end management investment company under the
Investment Company Act of 1940. The Fund may purchase securities on
a forward commitment or when-issued basis. The Fund records a
when-issued transaction on the trade date and will segregate assets
in an amount at least equal in value to the Fund’s commitment to
purchase when-issued securities. The Fund may invest in direct debt
instruments which are interests in amounts owed to lenders by
corporate or other borrowers. The loans pay interest at rates which
are periodically reset by reference to a base lending rate plus a
spread.
Allspring Multi-Sector is led by John Kenney as President and
Jeremy DePalma as Treasurer.
The Fund can be reach through:
John Kenney
1415 Vantage Park Drive, 3rd Floor
Charlotte, NC 28203
Tel. No.: (800) 222-8222
About Hertz Corp.
The Hertz Corporation, now known as Hertz Global Holdings, Inc., is
an American car rental company.
HUBBARD RADIO: Allspring MultiSector Marks $940,000 Loan at 35% Off
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Allspring Multi-Sector Income Fund has marked its $940,147 loan
extended to Hubbard Radio LLC to market at $615,796 or 65% of the
outstanding amount, according to Allspring Multi-Sector's Form
N-CSRS for the fiscal year ended April 30, 2025, filed with the
U.S. Securities and Exchange Commission.
Allspring Multi-Sector is a participant in a Loan to Hubbard Radio
LLC. The loan accrues interest at a rate of 8.82% per annum. The
loan matures on September 30, 2027.
Allspring Multi-Sector was organized as a statutory trust under the
laws of the state of Delaware on April 10, 2003 and is registered
as a diversified closed-end management investment company under the
Investment Company Act of 1940. The Fund may purchase securities on
a forward commitment or when-issued basis. The Fund records a
when-issued transaction on the trade date and will segregate assets
in an amount at least equal in value to the Fund’s commitment to
purchase when-issued securities. The Fund may invest in direct debt
instruments which are interests in amounts owed to lenders by
corporate or other borrowers. The loans pay interest at rates which
are periodically reset by reference to a base lending rate plus a
spread.
Allspring Multi-Sector is led by John Kenney as President and
Jeremy DePalma as Treasurer.
The Fund can be reach through:
John Kenney
1415 Vantage Park Drive, 3rd Floor,
Charlotte, NC 28203
Tel. No.: (800) 222-8222
About Hubbard Radio LLC
Hubbard Radio, LLC, formed in 2011, is a family controlled and
privately held media company that owns and operates radio stations
in 8 of the top 50 markets, including Chicago, Washington, D.C.,
Minneapolis-St. Paul, St. Louis, Cincinnati, Seattle, Phoenix, and
West Palm Beach. Hubbard also operates 2060 Digital, LLC, a
national digital marketing agency based in Cincinnati, Ohio.
Hubbard is a wholly owned subsidiary of Hubbard Broadcasting, Inc.
(HBI), a television and radio broadcasting company that was started
in 1923. Headquartered in St. Paul, Minnesota, Hubbard generated
revenue on a standalone basis of $194 million as of LTM Q3 2024.
HYPERION DEFI: Securityholders May Offer Up to 50.8M Common Shares
------------------------------------------------------------------
Hyperion DeFi Inc. filed a Registration Statement on Form S-3 with
the U.S. Securities and Exchange Commission to file a preliminary
prospectus relating to the offer and sale from time to time, by the
selling securityholders -- Hyperion DeFi Holdings, LLC, Chardan
Investments LP, Ask Venture LLC, Michael Bucella, VA Consulting &
Advisory Inc., Chardan Capital Markets, LLC, Avenue Venture
Opportunities Fund, L.P., and Avenue Venture Opportunities Fund II,
L.P. -- of up to 50,770,667 shares of common stock, par value
$0.0001 per share the Company which includes:
(i) up to 15,384,615 shares of Common Stock issuable upon the
conversion of 5,128,205 shares of the Company's Series A Non-Voting
Preferred Stock, par value $0.0001 per share, that were issued
pursuant to the Securities Purchase Agreement, dated June 17, 2025,
by and among the Company and certain institutional accredited
investors;
(ii) up to 30,769,230 shares of Common Stock issuable upon the
exercise of warrants at an exercise price of $3.25 per share, which
Purchaser Warrants were issued pursuant to the Securities Purchase
Agreement;
(iii) up to 923,076 shares of Common Stock issuable upon the
conversion of 307,692 shares of Series A Preferred Stock that were
issued pursuant to the Engagement Letter, dated June 17, 2025, by
and between the Company and Chardan Capital Markets, LLC;
(iv) up to 1,846,153 shares of Common Stock issuable upon the
exercise of warrants at an exercise price of $3.25 per share, which
Placement Agent Warrants were issued pursuant to the Engagement
Letter;
(v) up to 1,497,593 shares of Common Stock issuable as in-kind
dividends on the Series A Preferred Stock; and
(vi) up to 350,000 shares of Common Stock issuable upon the
exercise of warrants at an exercise price of $4.00 per share, which
Lender Warrants were issued in connection with the Fourth Amendment
to the Supplement to that certain Loan and Security Agreement,
dated November 22, 2022 with Avenue Capital Management II, L.P., as
administrative agent and collateral agent, Avenue Venture
Opportunities Fund, L.P., as a lender and Avenue Venture
Opportunities Fund II, L.P., as a lender.
The Common Stock may be offered and sold from time to time by the
"Selling Securityholders").
Hyperion is registering these securities for sale by the Selling
Securityholders to satisfy certain registration rights that it have
granted to the Selling Securityholders. The Company is not selling
any securities under this prospectus and will not receive any of
the proceeds from the sale of securities by the Selling
Securityholders and will pay the expenses incurred in registering
the Common Stock covered by the prospectus, including legal and
accounting fees. The Selling Securityholders will bear all
commissions and discounts, if any, attributable to its respective
sales of Common Stock under this prospectus.
The Selling Securityholders may sell the Common Stock described in
this prospectus in a number of different ways and at varying
prices.
The Company's Common Stock is listed on The Nasdaq Capital Market
under the symbol "HYPD." On July 17, 2025, the last reported sale
price of Common Stock was $15.86 per share.
Hyperion DeFi may be reached through:
Michael Rowe
Chief Executive Officer
Hyperion DeFi Inc.
23461 S. Pointe Drive, Suite 390
Laguna Hills, CA 92653
Tel: (833) 393-6684
A full-text copy of the Registration Statement is available at
https://tinyurl.com/2658suwc
About Hyperion DeFi Inc.
Hyperion DeFi, Inc. formerly known as Eyenovia, Inc., is the first
U.S. publicly listed company building a long-term strategic
treasury of Hyperliquid's native token, HYPE. The Company is
focused on providing its shareholders with simplified access to the
Hyperliquid ecosystem, one of the fastest growing, highest
revenue-generating blockchains in the world.
New York, N.Y.-based Marcum LLP, the Eyenovia's auditor since 2020,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
HYPERSCALE DATA: Plans $125M Offering via Shelf Registration
------------------------------------------------------------
Hyperscale Data, Inc. filed a Registration Statement on Form S-3
with the U.S. Securities and Exchange Commission, stating that it
may offer and sell, from time to time in one or more offerings, any
combination of common stock, preferred stock, debt securities,
warrants, rights or units having an aggregate initial offering
price not exceeding $125,000,000. The preferred stock, debt
securities, warrants, rights and units may be convertible,
exercisable or exchangeable for common stock or preferred stock or
other securities of ours.
Hyperscale stated, "Each time we sell a particular class or series
of securities, we will provide specific terms of the securities
offered in a supplement to this prospectus. The prospectus
supplement may also add, update or change information in this
prospectus. You should read this prospectus and any prospectus
supplement, as well as the documents incorporated by reference or
deemed to be incorporated by reference into this prospectus,
carefully before you invest in any securities."
"This prospectus may not be used to offer or sell our securities
unless accompanied by a prospectus supplement relating to the
offered securities."
"Our common stock is presently listed on the NYSE American under
the symbol 'GPUS.' On July 16, 2025, the last reported sale price
of our common stock was $1.06."
These securities may be sold directly by the Company, through
dealers or agents designated from time to time, to or through
underwriters or dealers or through a combination of these methods
on a continuous or delayed basis. The Company may also describe the
plan of distribution for any particular offering of our securities
in a prospectus supplement. If any agents, underwriters or dealers
are involved in the sale of any securities in respect of which this
prospectus is being delivered, it will disclose their names and the
nature of arrangements with them in a prospectus supplement. The
net proceeds the Company expects to receive from any such sale will
also be included in a prospectus supplement.
Hyperscale Data may be reached through:
William B. Horne
Chief Executive Officer
Hyperscale Data, Inc.
11411 Southern Highlands Parkway, Suite 190
Las Vegas, NV 89141
Tel: (949) 444-5464
A full-text copy of the Registration Statement is available at
https://tinyurl.com/necv8kaf
About Hyperscale Data
Headquartered in Las Vegas, NV, Hyperscale Data, Inc., formerly
known as Ault Alliance, Inc., is transitioning from a diversified
holding company pursuing growth by acquiring undervalued businesses
and disruptive technologies with a global impact to becoming solely
an owner and operator of data centers to support high performance
computing services. Through its wholly and majority-owned
subsidiaries and strategic investments, Hyperscale Data owns and
operates a data center at which it mines digital assets and offers
colocation and hosting services for the emerging artificial
intelligence ecosystems and other industries. It also provides,
through its wholly owned subsidiary, Ault Capital Group, Inc.,
mission-critical products that support a diverse range of
industries, including an artificial intelligence software platform,
social gaming platform, equipment rental services,
defense/aerospace, industrial, automotive, medical/biopharma and
hotel operations. In addition, Hyperscale Data is actively engaged
in private credit and structured finance through a licensed lending
subsidiary.
New York, New York-based Marcum LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
Apr. 15, 2025, attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
ICORECONNECT INC: To Sell Software Biz to Colortech Holdings
------------------------------------------------------------
iCoreConnect Inc. and and its affiliate, iCore Midco Inc., seek
approval from the U.S. Bankruptcy Court for the Middle District of
Florida, Orlando Division, to sell substantially all Assets, free
and clear of all liens, claims, and encumbrances, subject to higher
and better offers.
The Debtors operate a cloud-based software and technology company
that specializes in providing HIPAA-compliant software-as-a-service
solutions to healthcare providers across the United States.
The Debtors' gross revenues for 2024 were approximately $10.7
million. As of the Petition Date, the Debtors had creditors holding
secured claims in excess of $4.8 million and unsecured claims in
excess of $5.6 million.
The Debtors' prepetition secured lenders are Element SaaS Finance
(USA), LLC and PIGI Solutions, LLC.
Prior to the Petition Date, the Debtors extensively marketed the
sale of their businesses to numerous parties, including those
parties that would have the most interest in their software
businesses, and set up a data room for prospective purchasers to
conduct due diligence. The Debtors believe that their businesses
have been thoroughly marketed in order to achieve the highest and
best offer for their assets from a third-party purchaser.
After extensive negotiations between the Debtors and Colortech
Holdings, LLC (Buyer) on the terms for the sale, on July 25, 2025,
the Debtors and the Buyer executed an Asset Purchase Agreement
(APA), which provides for the sale by the Debtors, and the purchase
by the Buyer, of substantially all of the assets of the Debtors for
a purchase price of $11,000,000.00. A copy of the APA can be found
at Exhibit A of the attached.
By no later than August 1, 2025, the Buyer shall pay to the Escrow
Agent, by wire transfer of immediately available U.S. federal funds
to an account designated in writing by the Escrow Agent, an earnest
money deposit in the amount of $500,000.00.
In the Purchase Agreement, the Debtors have proposed procedures in
connection with the submission of competing bids for the purchase
of any or all of the Debtors' assets and agreed to pay a break-up
fee of $110,000.00 (Break-Up Fee) to the Buyer.
The Debtors request that the Court approve the Bid Procedures, set
a deadline of August 22, 2025 (Bid
Deadline) for any other Person to submit a competing bid for the
Purchased Assets.
Any and all other Bids shall be in the amount of $11,100,000.00
plus the amount of the Break-Up Fee and be accompanied by a
redlined version of the Purchase Agreement indicating any changes
of such bidder to the Purchase Agreement, a deposit in the amount
of $500,000.00 which shall be paid to the Escrow Agent, by wire
transfer of immediately available U.S. federal funds to an account
designated in writing by the Escrow Agent, which deposit shall be
fully refundable to such bidder if it is not the Successful Bidder,
and sufficient financial information that such bidder can close on
its Bid.
If any Bids meeting the foregoing requirements are received by the
Bid Deadline, then the Debtors shall request, on an emergency
basis, that the Court schedule an auction for the Purchased
Assets.
In the event of a termination of the Purchase Agreement, the
Debtors have agreed to pay to the Buyer a termination fee in the
amount of$110,000.00 (Break-Up Fee).
The Debtor proposes to sell the Property, free and clear of liens,
claims, and encumbrances.
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.
ILUSTRATO PICTURES: Faces OTC Downgrade Amid Delayed Filings
------------------------------------------------------------
Ilustrato Pictures International Inc. provided an update regarding
the status of its financial disclosures and listing position on the
OTC Markets.
As previously communicated to shareholders, ILUS consolidates
multiple subsidiaries, including publicly traded companies, within
its financial reporting. As a result, any downstream delays such as
audit transitions, accounting changes, or filing delays at the
subsidiary level, have a direct impact on ILUS's ability to
complete its consolidations and audits in a timely manner.
Over the past two years, ILUS has managed a significant number of
moving parts, including new acquisitions, divestitures, a complex
acquisition unwind, and the mid-period sale of its subsidiary
Quality Industrial to a Nasdaq-listed company. These events,
combined with a change in auditors and the need to address legacy
SEC comments on historical filings, have unfortunately delayed the
ILUS's 2024 audited financial statements.
ILUS is actively working with its audit team and is in discussions
with the SEC to cure prior comments through its upcoming financial
disclosures. Based on professional guidance, ILUS has been advised
not to file unaudited interim financials, but instead to file fully
audited financials when complete. While this is the correct
regulatory approach, it creates a short-term conflict with OTC
Markets rules, which prohibit companies from having multiple
overdue filings. As a result, ILUS may be temporarily moved to the
OTC Expert Market until the updated filings are submitted.
ILUS is targeting completion of its filings before the beginning of
Q4 and reiterates that any such OTC downgrade would be temporary
and procedural.
Management is evaluating the potential filing of a Form S-1
registration statement with the SEC, either shortly after or
concurrently with those filings. ILUS may also submit a listing
application to Nasdaq, given its view that remaining on the OTC
Markets provides limited value to shareholders and has become a
constraint on long-term growth.
"Disappointingly, we found ourselves in a perfect storm," said CEO
Nicolas Link. "We were navigating multiple acquisitions, some of
which came with inherited accounting issues, while also addressing
our own outstanding SEC comments. During this period, we changed
auditors, unwound a prior acquisition that required reinstated
financials, and completed the sale of a subsidiary mid-period,
forcing us to halt consolidation partway through the year. All of
this created a highly complex and resource-intensive audit
environment. We couldn't begin the parent-level audit work until
the downstream issues were resolved, which only occurred a few
months ago. Now, the team is fully focused on completing the
process, and it's our top priority."
"Filing a registration statement and pursuing a Nasdaq application
is a significant task, but one we've successfully managed several
times within the group. While it may take time to clear comments
and become effective, it's an essential step. We cannot stay on the
OTC indefinitely; it offers little strategic value and imposes
costs without benefit. It's time to complete this chapter, resolve
SEC matters once and for all, and give management the ability to
fully execute our 2026 roadmap and unlock the value we've worked
hard to build."
If necessary, ILUS will also file the appropriate forms to return
to its previous OTC tier immediately following its updated filings.
Regardless of the path, ILUS confirms it will not remain on the OTC
Expert Market longer than necessary and intends to operate either
on the main OTC tier or a national exchange as soon as possible.
ILUS is working diligently to complete and file its Form 10-K for
year ended December 31, 2024, and Form 10-Q for period ended March
31, 2025, as soon as possible to become current with its Exchange
Act reporting obligations and will continue to provide shareholders
with updates as progress is made.
About ILUS
Ilustrato Pictures International Inc. is a corporation registered
in Nevada and operating out of New York and Dubai. The company has
acquired and integrated businesses in the global industries of
technology, engineering, and manufacturing, with a specific focus
on public safety. ILUS has a history of developing and
manufacturing Emergency Services products, including Emergency
Response vehicles, Special Vehicle conversions, Commercial EVs, and
IoT Technology. Additionally, the company intends to acquire
complementary companies that have disruptive technology and strong
management, with the potential for rapid growth that may benefit
from cross-pollination of territories, products, and skills offered
by ILUS's other group companies. ILUS operates as a holding
company, leveraging its subsidiaries to engage in public safety,
technology, engineering, and manufacturing.
As of December 31, 2023, the Company had $62,487,166 in total
assets, $32,579,545 in total liabilities, and $29,987,621 in total
stockholders' equity.
Ahmedabad, India-based Pipara & Co LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
May 1, 2024, citing that the Company suffered losses from
operations in CY 2023 and CY 2022 and has a net capital deficiency
in the periods ended December 31, 2023, and 2022, which raises
substantial doubt about its ability to continue as a going concern.
INDIAN CREEK: Case Summary & 12 Unsecured Creditors
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Debtor: Indian Creek Express LLC
1102 First Street
Pierce, CO 80650
Business Description: Indian Creek Express, LLC provides long-haul
freight delivery and brokerage services from
its base in Pierce, Colorado. Founded in
1998, the family-owned Company offers
temperature-controlled shipments across the
lower 48 states alongside local and regional
transportation, warehousing and cross-
docking, serving the Denver metro area,
Northern Colorado and Southeast Wyoming.
Chapter 11 Petition Date: July 28, 2025
Court: United States Bankruptcy Court
District of Colorado
Case No.: 25-14707
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
E-mail: klr@kutnerlaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Donne Jefferson as president.
A copy of the Debtor's list of 12 unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/UQMR3XA/Indian_Creek_Express_LLC__cobke-25-14707__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UJMXVEI/Indian_Creek_Express_LLC__cobke-25-14707__0001.0.pdf?mcid=tGE4TAMA
INNOVATE CORP: Launches Debt Refinancing to Extend 2026 Maturities
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INNOVATE Corp. announced in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that it intends to enter into a
series of indebtedness refinancing transactions that will extend
the Company's debt maturities. The refinancing transactions
include:
(i) privately negotiated exchanges of certain of the Company's
convertible senior notes,
(ii) an exchange offer and consent solicitation with respect to
the Company's senior secured notes,
(iii) agreements in principle to extend the Company's 2020
revolving credit agreement,
(iv) an agreement in principle to amend and extend the
Continental General Insurance Company ("CGIC") note,
(v) an agreement in principle to extend the Spectrum Notes,
and
(vi) an agreement in principle to amend and extend the R2
Technologies note.
* Convertible Notes Exchanges:
The Company has entered into privately negotiated exchange
agreements with certain holders of its 7.5% Convertible Senior
Notes due 2026 pursuant to which the Company plans to exchange
approximately $48.7 million of the outstanding aggregate principal
amount of the Existing Convertible Notes for approximately $51.1
million aggregate principal amount of newly issued 9.5% Convertible
Senior Notes due 2027 with substantially the same terms, except
that the New Convertible Notes will:
(i) have a maturity date of March 1, 2027,
(ii) be secured by a second-priority lien on certain existing
collateral and other collateral not previously pledged,
(iii) have an interest rate of 9.5%, with the first payment
delivered in the form of additional exchange consideration and the
second payment being made in kind,
(iv) include updated covenants (including, without limitation,
restrictive covenants substantially consistent with the New Senior
Secured Notes)
(v) be guaranteed by the same guarantors as the New Senior
Secured Notes,
(vi) be redeemable by the Company in whole or in part, at any
time and from time to time, at a redemption price equal to 100% of
the principal amount of the notes being redeemed plus accrued and
unpaid interest thereon to the redemption date and
(vii) include an updated "Fundamental Change" definition that
will exclude ownership of the Company's equity by Lancer Capital
LLC and its affiliates.
The Exchange Agreements will also contain consents from certain
holders of the Existing Convertible Notes to effect certain
proposed amendments to the terms of such Existing Convertible Notes
to eliminate substantially all of the restrictive covenants,
certain events of default and related provisions. The Convertible
Notes Exchanges are conditioned upon, and are expected to close
concurrently with, the early settlement of the Exchange Offer (as
defined below).
* Exchange Offer:
The Company has today launched an exchange offer and consent
solicitation to eligible holders of its 8.5% Senior Secured Notes
due 2026 to exchange such Existing Senior Secured Notes for newly
issued 10.5% Senior Secured Notes due 2027 with substantially the
same terms, except that the New Senior Secured Notes will:
(i) have a maturity date of February 1, 2027,
(ii) have an interest rate of 10.5%, with the first payment
delivered in the form of additional exchange consideration and the
second payment being made in kind, and
(iii) include updated covenants.
Additionally, the New Senior Secured Notes indenture requires us to
meet certain milestones with respect to strategic alternatives for
our operating subsidiaries, including asset sales generating at
least $150 million in net proceeds. Under the Existing Senior
Secured Notes indenture, DBM Global Inc. is not a subsidiary
guarantor, and the Company's equity interests in DBM Global, Inc.
are pledged as collateral. This will remain the same under the New
Senior Secured Notes Indenture. As of the date hereof, DBM Global
Inc. is in good standing with its lenders and sureties.
Simultaneously, the Company is conducting the solicitation of
consents from eligible holders of the Existing Senior Secured Notes
to effect certain proposed amendments to the terms of such Existing
Senior Secured Notes to eliminate substantially all of the
restrictive covenants, events of default and related provisions in
a customary exit consent solicitation and to subordinate the liens
on the collateral securing the Existing Senior Secured Notes,
meaning that any Existing Senior Secured Notes that remain
outstanding after the consummation of the Exchange Offer will be
subordinated obligations of the Company and the guarantors
thereof.
The Company has entered into a Commitment Letter dated July 17,
2025, between the Company and certain holders of Existing Senior
Secured Notes. Subject to the terms and conditions set forth in the
Commitment Letter, the Supporting Noteholders have agreed to tender
their Existing Senior Secured Notes in the Exchange Offer and
deliver consents to the Proposed Amendments prior to the early
participation deadline. The Supporting Noteholders represent
approximately 75.3% of the aggregate principal amount of the
Existing Senior Secured Notes outstanding as of the date of this
Form 8-K. The consent of the Supporting Noteholders suffices to
approve the Proposed Amendments in respect of the Existing Senior
Secured Notes. As per the terms and conditions set forth in the
Commitment Letter, the Company expects that the Supporting
Noteholders will receive 3% aggregate principal amount of their
Existing Notes in the form of additional New Notes as a commitment
payment.
Consummation of the Exchange Offer is conditioned on, among other
things, the participation of:
(i) at least 98% of the outstanding principal amount of the
Existing Senior Secured Notes,
(ii) the consummation of the Convertible Notes Exchanges and
(iii) the concurrent consummation of the 2020 Revolving Credit
Agreement Extension Amendment, the CGIC Note Extension Amendment,
the Spectrum Notes Extension and the R2 Note Extension Amendment.
Such closing conditions may be waived by the Company, provided that
a waiver of the Minimum Exchange Condition and the Concurrent
Transactions Condition shall also require the consent of the
Supporting Noteholders.
The early participation deadline for the Exchange Offer is 5:00
p.m., New York City time, on July 30, 2025, unless extended by the
Company. The expiration deadline for the Exchange Offer is midnight
(end of day), New York City time, on August 13, 2025, unless
extended by the Company. The Company currently expects that the
early settlement of the Exchange Offer will occur on August 4, 2025
and the final settlement of the Exchange Offer will occur on August
15, 2025, in each case subject to all conditions to the Exchange
Offer having been satisfied or waived by the Company.
* Revolving Credit Agreement:
The Company has reached an agreement in principle with the lender
under its 2020 Revolving Credit Agreement to enter into an
amendment, which will provide for, among other things, extension of
the 2020 Revolving Credit Agreement maturity to September 15, 2026.
Subject to successful negotiations with the lender under the 2020
Revolving Credit Agreement, the Company expects to enter into
definitive documentation related to the 2020 Revolving Credit
Agreement Extension Amendment by the Early Settlement Date.
* CGIC Debt:
The Company has reached an agreement in principle to, among other
things, extend the maturity of its subordinated unsecured
promissory note with CGIC to April 2027, and secure the amended
CGIC note by a third priority lien on the same collateral securing
the New Notes. The amended CGIC note will have an interest rate of
16%. Interest on the amended CGIC note will be paid in the form of
PIK interest through August 2026, and all interest payments
thereafter will be payable in cash. Subject to successful
negotiations with CGIC, the Company expects to enter into
definitive documentation related to the CGIC Note Extension
Amendment by the Early Settlement Date. As part of the agreement
with CGIC, approximately half of the accrued value of preferred
stock of the Company held by CGIC will be exchanged for third-lien
notes, on a dollar-for-dollar basis.
* HC2 Broadcasting Holdings Debt:
The Company has reached an agreement in principle with the
noteholders of Spectrum's 8.50% and 11.45% Notes to, among other
things, extend the maturity of such notes to September 30, 2026.
The Spectrum Notes Extension also requires us to meet certain
milestones with respect to strategic alternatives for our
Broadcasting segment. Subject to successful negotiations with the
noteholders of the Spectrum Notes, the Company expects to enter
into definitive documentation related to the Spectrum Notes
Extension by the Early Settlement Date.
* R2 Technologies Debt:
The Company has reached an agreement in principle to, among other
things, extend the maturity of R2 Technologies' 20.0% senior
secured promissory note due to Lancer Capital to August 1, 2026.
The amended R2 Note will have an interest rate of 12% and remove
certain exit and default fees. All interest and fees accrued
through August 1, 2025, will be added to the principal amount.
Subject to successful negotiations with Lancer Capital, the Company
expects R2 Technologies to enter into definitive documentation
related to the R2 Note Extension Amendment by the Early Settlement
Date.
Cleary Gottlieb Steen & Hamilton LLP is acting as legal advisor to
INNOVATE in connection with the transactions.
About Innovate
New York-based Innovate Corp. -- innovatecorp.com -- is a
diversified holding company that has a portfolio of subsidiaries in
a variety of operating segments. The Company seeks to grow these
businesses so that they can generate long-term sustainable free
cash flow and attractive returns in order to maximize value for all
stakeholders. As of Dec. 31, 2023, its three operating platforms or
reportable segments, based on management's organization of the
enterprise, are Infrastructure, Life Sciences, and Spectrum, plus
its other segment, which includes businesses that do not meet the
separately reportable segment thresholds.
New York, N.Y.-based BDO USA, P.C., the Company's auditor since
2011, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the fiscal year ended Dec. 31, 2024, citing the Company
has maturities of certain debt obligations that exceed its current
and forecasted cash balances within one year from the date of this
report. These conditions raise substantial doubt about its ability
to continue as a going concern.
* * *
In May 2025, S&P Global Ratings lowered its long-term issuer credit
rating on Innovate Corp. to 'CCC-' from 'CCC' and its issue rating
on the company's senior notes due 2026 to 'CCC' from 'CCC+'. The
recovery rating on the notes remains '2', indicating its
expectation for meaningful (75%) recovery in the event of a
default. The negative outlook reflects S&P Global's view that the
company's liquidity will be under stress in the next six months,
such that sources are unlikely to meet uses absent unforeseen
positive developments.
IQSTEL INC: Reports $128.8M H1 Revenue, Eyes $400M Run Rate in Q3
-----------------------------------------------------------------
IQSTEL Inc. announced its preliminary unaudited revenue of $128.8
million for the first half of 2025 (H1). June alone contributed
$27.3 million, a significant increase from May's $23.7 million,
highlighting the company's accelerating commercial momentum across
its global telecom and tech operations.
Starting July 1st, IQSTEL will begin consolidating revenue from its
newly acquired subsidiary, Globetopper, expected to add $5 million
to $6 million per month in additional revenue.
On this trajectory, IQSTEL expects to reach a $400 million
annualized revenue run rate during Q3 -- several months ahead of
the company's original year-end target. This milestone represents a
critical leap forward in the company's strategic roadmap toward
achieving its $1 billion revenue goal by 2027.
"We're pleased with the strong performance in the first half and
even more enthusiastic about what lies ahead," said Leandro
Iglesias, CEO of IQSTEL. "Historically, the second half of the year
delivers even stronger results, and with Globetopper now part of
the group, we're confidently on track to reach our $340 million
revenue forecast for 2025."
At the same time, IQSTEL's strategy to expand its portfolio with
high-tech, high-margin products--such as the recently launched
IQ2Call.ai--is now more tangible than ever. This focus is designed
not only to drive top-line growth, but more importantly, to boost
Net Income and Adjusted EBITDA, fueling bottom-line expansion. As
these advanced services gain traction, they are accelerating
commercial momentum and reinforcing IQSTEL's transformation from a
traditional telecom operator into a technology-driven,
high-performance enterprise.
IQSTEL continues to execute its growth plan through a combination
of organic expansion, strategic acquisitions, and AI-powered
service offerings, strengthening its global position as a
next-generation telecom and tech powerhouse.
"This is only the beginning," added Iglesias. "We grew from $13
million in revenue in 2018 to nearly $300 million last year. With
the second half of 2025 set to elevate us even further, we are
laying the foundation to become a $1 billion company by 2027."
About iQSTEL
iQSTEL Inc. is a multinational technology company that provides
services across telecom, fintech, blockchain, artificial
intelligence, and cybersecurity. The Company operates in 21
countries and serves a global customer base. It projects $340
million in revenue for fiscal year 2025.
In an auditor's report dated March 31, 2025, Urish Popeck & Co.,
LLC, issued a "going concern" qualification, citing that the
Company has suffered recurring losses from operations, negative
working capital, and does not have an established source of
revenues sufficient to cover its operating costs, which raise
substantial doubt about its ability to continue as a going
concern.
iQSTEL ended the year on Dec. 31, 2024 with a net loss of
$5,180,036, significantly widening from the $219,436 loss reported
for the year ended Dec. 31, 2023. The net results of the periods
reported are highly impacted by the expenses in the holding entity
(IQSTEL), which has a high component of interest and other
financial expenses related to the funds borrowed for the
acquisition of QXTEL Limited.
IROBOT CORP: BlackRock Holds 2.0% Stake as of June 30
-----------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G/A (Amendment No. 5)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, it beneficially owns 607,240 shares of iRobot
Corp.'s Common Stock, representing approximately 2.0% of the shares
outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/53d5tca5
About iRobot Corporation
iRobot Corp. is a leading global consumer robot company that
designs and builds robots that empower people to do more. With over
30 years of artificial intelligence and advanced robotics
experience, it is focused on building thoughtful robots and
developing intelligent home innovations that help make life better
for millions of people around the world. iRobot's portfolio of home
robots and smart home devices features proprietary technologies for
the connected home and advanced concepts in cleaning, mapping and
navigation.
As of December 28, 2024, the Company has $516.1 million in total
assets, $454.9 million in total liabilities, and total
stockholders' equity of $61.2 million.
Boston, Massachusetts-based PricewaterhouseCoopers LLP, the
Company's auditor since 1999, issued a "going concern"
qualification in its report dated March 12, 2025, citing that the
Company has a history of operating losses and negative cash flows
from operations that raise substantial doubt about its ability to
continue as a going concern.
J.C. PENNEY: Plan Trust Selling 119 Stores for $947,000,000
-----------------------------------------------------------
The Copper Property CTL Pass Through Trust announced that on July
23, 2025 it entered into an amendment that made its Purchase and
Sale Agreement with an affiliate of Onyx Partners, Ltd. of Boston,
Mass., binding for the sale of a portfolio consisting of the
Trust's 119 properties.
The aggregate purchase price for the Properties is $947 million in
an all-cash transaction, subject to customary closing adjustments
and prorations. This transaction is the culmination of an
extensive marketing process run by Newmark. The Properties are
subject to a long-term triple-net master lease with Penney
Intermediate Holdings LLC or affiliates thereof. The Buyer has now
completed its due diligence, and its deposit under the Agreement is
non-refundable.
The transaction is scheduled to close on or before Sept. 8, 2025,
subject to customary real estate closing conditions. The Trust
intends to distribute the net proceeds to Certificateholders in
accordance with the terms of the Trust Agreement following the
consummation of the sale. The Agreement provides certain limited
termination rights on a property-by-property basis in connection
with purchase rights in favor of ground lessors or purchase rights
pursuant to reciprocal easement agreements, certain title defects,
casualty events, or condemnation proceedings. Due to the various
conditions to closing, the Trust cannot make any assurances that
the disposition of the Properties is certain.
CoStar News notes that a number of retailers filed for Chapter 11
during the pandemic, including J.C. Penney, and the aftershocks are
still being felt. Some chains survived, some liquidated, some were
sold and some downsized. Giant mall landlords Simon Property Group
and Brookfield Property Group purchased J.C. Penney's retail
operating arm out of bankruptcy in late 2020. The chain is now
based in Plano, Texas, and has about 650 stores, according to
CoStar.
About Copper Property CTL Pass Through Trust
Copper Property CTL Pass Through Trust (the "Trust") was
established to acquire 160 retail properties and 6 warehouse
distribution centers from J.C. Penney as part of its Chapter 11
plan of reorganization. The Trust's operations consist solely of
owning, leasing and selling the Properties. The Trust's objective
is to sell the Properties to third-party purchasers as promptly as
practicable. The Trustee of the trust is GLAS Trust Company LLC.
The Trust is externally managed by an affiliate of Hilco Real
Estate LLC. The Trust is intended to be treated, for tax purposes,
as a liquidating trust within the meaning of United States Treasury
Regulation Section 301.7701-4(d). On the Web:
https://www.ctltrust.net/.
About J.C. Penney Co. Inc.
J.C. Penney Company, Inc. -- @ www.jcpenney.com/ -- is an apparel
and home retailer, offering merchandise from an extensive portfolio
of private, exclusive, and national brands at over 850 stores and
online. It sells clothing for women, men, juniors, kids, and
babies.
On May 15, 2020, J.C. Penney entered into a restructuring support
agreement with lenders holding 70% of its first lien debt. The RSA
contemplates agreed-upon terms for a pre-arranged financial
restructuring plan that is expected to reduce several billion
dollars of indebtedness.
To implement the plan, J.C. Penney and its affiliates on May 15,
2020, filed voluntary petitions for reorganization under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No.
20-20182). At the time of the filing, J.C. Penney disclosed assets
of between $1 billion and $10 billion and liabilities of the same
range.
Judge David R. Jones oversaw the cases.
The Debtors tapped Kirkland & Ellis and Jackson Walker, LLP as
legal counsel; Katten Muchin Rosenman, LLP as special counsel;
Lazard Freres & Co. LLC as investment banker; AlixPartners, LLP as
restructuring advisor; and KPMG, LLP as tax consultant. Prime
Clerk was the claims agent.
The committee of unsecured creditors retained Cole Schotz, P.C.,
and Cooley, LLP.
* * *
J.C. Penney in November 2020 won approval to sell substantially all
of its retail and operating assets ("OpCo") to a group formed by
landlords Brookfield Asset Management, Inc. and Simon Property
Group and senior lenders through a combination of cash and new term
loan debt.
Paul, Weiss, Rifkind, Wharton & Garrison LLP was the legal counsel,
and BRG Capital Advisors, LLC, served as financial adviser to Simon
and Brookfield.
JOSEPH G. BABA DDS: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Joseph G. Baba, D.D.S., P.A.
TMJ & Sleep Therapy Centre of Kansas
4620 E Douglas
Wichita, KS 67208
Business Description: Joseph G. Baba D.D.S., P.A., doing
business
as TMJ & Sleep Therapy Centre of Kansas,
provides personalized evaluation and
treatment of temporomandibular joint
disorders, craniofacial pain and
sleep-related breathing disorders from its
Kansas practice. Founded and led by Dr.
Joseph G. Baba, the Centre combines
dental,
orthopedic and sleep medicine expertise to
deliver tailored, non-invasive therapies
aimed at relieving headaches, jaw pain and
sleep disturbances.
Chapter 11 Petition Date: July 28, 2025
Court: United States Bankruptcy Court
District of Kansas
Case No.: 25-10771
Debtor's Counsel: January M Bailey, Esq.
PRELLE ERON & BAILEY, P.A.
301 N Main St Ste 2000
Wichita KS 67202-4820
Tel: (316) 262-5500
E-mail: january@eronlaw.net
Total Assets: $277,330
Total Liabilities: $2,580,530
The petition was signed by Mark J McLaren as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RR52HWQ/Joseph_G_Baba_DDS_PA__ksbke-25-10771__0001.0.pdf?mcid=tGE4TAMA
KDZ REALTY: Seeks Subchapter V Bankruptcy in Virginia
-----------------------------------------------------
On July 24, 2025, KDZ Realty 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 $100,000 and
$500,000 in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About KDZ Realty LLC
KDZ Realty LLC is a Richmond-based real estate company that
operates in the real estate sector (NAICS code 5311) with its
principal place of business at 2204 Redd Street, Richmond, VA.
KDZ Realty LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Va. Case No. 25-32924) on
July 24, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $100,000 and $500,000.
The Debtor is represented by Martin C. Conway, Esq. at Conway Law
Group, PC.
KS MATTSON: Taps Stapleton Group as Operations and Asset Manager
----------------------------------------------------------------
KS Mattson Partners, LP seeks approval from the U.S. Bankruptcy
Court for the Northern District of California to retain Stapleton
Group, a part of J.S. Held LLC, as operations and asset manager in
its Chapter 11 case.
Stapleton Group will provide these services:
(a) lead all aspects of the Debtor's real estate portfolio,
including rent collection, property oversight, asset preservation,
asset sales, and review of potential financing opportunities;
(b) manage real property leases, including review,
cancellation, reaffirmation, or issuance of leases;
(c) create accounting and related systems and provide
full-service accounting, cash management, and banking oversight;
(d) assess cash and banking controls within existing loan
agreements;
(e) manage all property operations, including rent collection,
payment of approved expenses, and creation of a financial reporting
system for Monthly Operating Reports;
(f) coordinate Stapleton personnel providing services to the
Debtor's real estate portfolio;
(g) support other professionals at the direction of the
Responsible Individual;
(h) manage construction and rehabilitation activities if
needed, including contractor and vendor coordination; and
(i) analyze capital structure by project or entity and discuss
recapitalization options.
Stapleton will also perform limited ancillary services to support
the operations and asset management functions.
Stapleton professionals will be paid at these rates:
Senior Managing Directors $595 to $995
Senior Advisors $575 to $850
Managing Directors $545 to $725
Senior Directors $495 to $625
Directors & Associate Directors $475 to $525
Vice Presidents & Sr. Associates $325 to $475
Consultants & Sr. Consultants $225 to $375
Analysts/Associates $195 to $375
Administrative Staff $175 to $275
The hourly rate for team leaders Mike Bergthold and David Kieffer
is $595.
According to court filings, Stapleton Group is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Stapleton Group
514 Via de la Valle, Suite 210
Solana Beach, CA 92075
About KS Mattson Partners, LP
Creditors LeFever Mattson, a California corporation, and Windtree,
LP filed involuntary Chapter 11 petition against KS Mattson
Partners, LP (Bankr. N.D. Cal. Case No. 24-10715) on November 22,
2024. The creditor is represented by Thomas B. Rupp, Esq. at Keller
Benvenutti Kim LLP.
Judge Charles Novack presides over the case.
Richard Wynne, Esq. at Hogan Lovells US LLP represents the Debtor
as bankruptcy counsel.
LAUREL CREEK: Seeks Chapter 11 Bankruptcy in California
-------------------------------------------------------
On July 24, 2025, Laurel Creek II LP filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the Debtor reports between
$10 million and $50 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Laurel Creek II LP
Laurel Creek II LP is a California limited partnership operating in
the real estate sector.
Laurel Creek II LP sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10986) on July 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
The Debtor is represented by Jeffrey I. Golden, Esq. at Golden
Goodrich LLP.
LIVEONE INC: BlackRock Holds 1.3% Stake as of June 30
-----------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G/A (Amendment No. 1)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, it beneficially owns 1,304,285 shares of LiveOne,
Inc.'s Common Stock, representing approximately 1.3% of the shares
outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/mr3b8sfm
About LiveOne
Headquartered in Beverly Hills, California, LiveOne, Inc. --
www.liveone.com -- is a creator-first, music, entertainment and
technology platform focused on delivering premium experiences and
content worldwide through memberships and live and virtual events.
The Company is a pioneer in the acquisition, distribution and
monetization of live music events, Internet radio,
podcasting/vodcasting and music-related membership, streaming and
video content. Through its comprehensive service offerings and
innovative content platform, it provides music fans the ability to
listen, watch, attend, engage and transact. Serving a global
audience, the Company's mission is to bring the experience of live
music and entertainment to consumers wherever music and
entertainment is watched, listened to, discussed, deliberated or
performed around the world.
As of March 31, 2024, the Company had $40 million in total assets,
$48.9 million in total liabilities, and $8.4 million in total
stockholders' deficit.
New York, New York-based Macias Gini & O'Connell LLP, the Company's
auditor since 2022, a "going concern" qualification dated July 15,
2025, attached to the Company's Annual Report on Form 10-K for the
fiscal year ended March 31, 2025. Macias Gini & O'Connell cited
that the Company has suffered recurring losses from operations,
negative cash flows from operating activities and has a net capital
deficiency. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
LIVEONE INC: Closes $9.5 Million Public Offering With Lucid Capital
-------------------------------------------------------------------
LiveOne, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that it entered into an
underwriting agreement with Lucid Capital Markets, LLC pursuant to
which the Company will issue and sell to the Underwriter 13,608,334
shares of the Company's common stock, $0.001 par value per share,
at an offering price of $0.75 per Share and which includes the
grant to the Underwriter of an option for the issuance and sales of
up to 1,775,000 additional Shares (the "Option") to be sold by the
Company.
The aggregate gross proceeds to the Company from the Offering will
be approximately $9.5 million (including the exercise of the
Underwriter's Option), after deducting an underwriting discount of
7% of the price to the public, but before deducting expenses
payable by the Company in connection with the Offering. Pursuant to
the Underwriting Agreement the Company has also agreed to issue the
Underwriter's common stock purchase warrants (the "Underwriter's
Warrant") to purchase up to 4% of the securities sold in the
Offering at an exercise price of $0.9375.
On July 16, 2025, the Underwriter exercised the Option, and the
Offering, including the Option, closed on July 17, 2025, subject to
customary conditions to closing as provided in the Underwriting
Agreement.
The Company expects to use the net proceeds from the Offering to
fund the acquisition of cryptocurrencies, the development and
implementation of a cryptocurrency treasury strategy and for
working capital and general corporate purposes.
The Offering was made pursuant to a registration statement filed
with and declared effective by the U.S. Securities and Exchange
Commission (the "SEC") on February 26, 2025 (Registration No.
333-284916), a base prospectus filed as part thereof, a preliminary
prospectus supplement, dated July 15, 2025, and a final prospectus
supplement, dated July 15, 2025.
About LiveOne
Headquartered in Beverly Hills, California, LiveOne, Inc. --
www.liveone.com -- is a creator-first, music, entertainment and
technology platform focused on delivering premium experiences and
content worldwide through memberships and live and virtual events.
The Company is a pioneer in the acquisition, distribution and
monetization of live music events, Internet radio,
podcasting/vodcasting and music-related membership, streaming and
video content. Through its comprehensive service offerings and
innovative content platform, it provides music fans the ability to
listen, watch, attend, engage and transact. Serving a global
audience, the Company's mission is to bring the experience of live
music and entertainment to consumers wherever music and
entertainment is watched, listened to, discussed, deliberated or
performed around the world.
As of March 31, 2024, the Company had $40 million in total assets,
$48.9 million in total liabilities, and $8.4 million in total
stockholders' deficit.
New York, New York-based Macias Gini & O'Connell LLP, the Company's
auditor since 2022, a "going concern" qualification dated July 15,
2025, attached to the Company's Annual Report on Form 10-K for the
fiscal year ended March 31, 2025. Macias Gini & O'Connell cited
that the Company has suffered recurring losses from operations,
negative cash flows from operating activities and has a net capital
deficiency. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
LIVEONE INC: Registers 7.99M Common Shares for Resale
-----------------------------------------------------
LiveOne, Inc. filed a Registration Statement on Form S-3 with the
U.S. Securities and Exchange Commission to file a preliminary
prospectus relating to the offer and resale from time to time of up
to 7,988,095 shares of common stock, $0.001 par value per share the
Company that may be offered for resale or otherwise disposed of by
the selling stockholders -- JGB Capital LP, JGB Partners LP, JGB
Capital Offshore Ltd., JGB Orpington, LLC, and Chicago Atlantic
Adams, LLC -- (together with any of such stockholders' transferees,
pledgees, donees or successors), issuable upon conversion of the
Company's 11.75% Original Issue Discount Senior Secured Convertible
Debentures that it issued to the Selling Stockholders.
LiveOne stated: "The Debentures are convertible into shares of our
common stock at the holder's option at a conversion price of $2.10
per share, subject to certain customary adjustments such as stock
splits, stock dividends and stock combinations. The Debentures were
issued to the Selling Stockholders in a private placement pursuant
to the Securities Purchase Agreement entered into by us with the
Selling Stockholders on May 19, 2025."
The Selling Stockholders may sell all or a portion of the Shares
from time to time, in amounts, at prices and on terms determined at
the time of sale. The Shares may be sold by any means described in
the section of the prospectus entitled "Plan of Distribution"
beginning on page 22. The Selling Stockholders may also sell the
Shares under Rule 144 under the Securities Act of 1933, as amended,
if available, rather than under this prospectus.
"We are not offering for sale or selling any securities under this
prospectus, and we will not receive any proceeds from the sale or
other disposition of the Shares by the Selling Stockholders. We
will bear all other costs, fees and expenses incurred in effecting
the registration of the shares covered by this prospectus. All
selling and other expenses incurred by the Selling Stockholders
will be borne by the Selling Stockholders."
"We are registering the offer and sale of the Shares pursuant to
certain registration rights granted to the Selling Stockholders.
The registration of the Shares does not necessarily mean that any
Selling Stockholder will offer or sell any of their Shares. The
timing and amount of any sale or exercise is within the sole
discretion of the Selling Stockholders."
The Company's common stock is listed for trading on The Nasdaq
Capital Market, or "Nasdaq," under the symbol "LVO." On July 15,
2025, the last reported sale price of common stock was $0.7501.
LiveOne may be reached through:
Robert S. Ellin
Chairman and Chief Executive Officer
LiveOne, Inc.
269 S. Beverly Dr., Suite 1450
Beverly Hills, CA 9021
Tel: (310) 601-2505
A full-text copy of the Registration Statement is available at
https://tinyurl.com/mpbs5exk
About LiveOne
Headquartered in Beverly Hills, California, LiveOne, Inc. --
www.liveone.com -- is a creator-first, music, entertainment and
technology platform focused on delivering premium experiences and
content worldwide through memberships and live and virtual events.
The Company is a pioneer in the acquisition, distribution and
monetization of live music events, Internet radio,
podcasting/vodcasting and music-related membership, streaming and
video content. Through its comprehensive service offerings and
innovative content platform, it provides music fans the ability to
listen, watch, attend, engage and transact. Serving a global
audience, the Company's mission is to bring the experience of live
music and entertainment to consumers wherever music and
entertainment is watched, listened to, discussed, deliberated or
performed around the world.
As of March 31, 2024, the Company had $40 million in total assets,
$48.9 million in total liabilities, and $8.4 million in total
stockholders' deficit.
New York, New York-based Macias Gini & O'Connell LLP, the Company's
auditor since 2022, a "going concern" qualification dated July 15,
2025, attached to the Company's Annual Report on Form 10-K for the
fiscal year ended March 31, 2025. Macias Gini & O'Connell cited
that the Company has suffered recurring losses from operations,
negative cash flows from operating activities and has a net capital
deficiency. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
M DESIGN: Wins Bid to Dismiss Dual, 7even Counterclaims
-------------------------------------------------------
The Honorable Mark E. Hall of the United States Bankruptcy Court
for the District of New Jersey granted the motion of
Plaintiff-Debtor M Design Village, LLC to dismiss the counterclaims
filed against it by Defendants-Creditors Dual Capital, LLC and
7even Capital, LLC in the adversary proceeding captioned as M
DESIGN VILLAGE, LLC, Plaintiff, v. VERSANT FUNDING LLC, UNITED
STATES SMALL BUSINESS ADMINISTRATION, CLOUDFUND LLC, SAMSON MCA
LLC, 7EVEN CAPITAL LLC, DUAL CAPITAL, LLC, MERK FUNDING, INC. and
RBLX FUNDING, LLC, Defendants, Adv. Pro. No. 24-01639-MEH (Bankr.
D.N.J.). The counterclaims are dismissed in their entirety with
prejudice.
On Aug. 22, 2024, the Debtor entered into a Sale of Future Receipts
Agreement with Dual and a Sale of Future Receipts Agreement with
7even.
Under the Dual Agreement, the Debtor sold, assigned, and
transferred to Dual $556,000 of Future Receipts. Similarly, under
the 7even Agreement, the Debtor sold, assigned, and transferred to
7even $555,999.84 of Future Receipts.
Both Agreements set forth a procedure for Dual and 7even to collect
the Future Receipts sold to them by the Debtor. Each Agreement
required the Debtor to designate a bank account into which all
Future Receipts would be deposited. Then, Dual and 7even were to
debit a "Periodic Amount" -- an amount calculated and defined in
each Agreement -- on a weekly basis.
Dual and 7even were to continue debiting the Future Receipts so
long as the Debtor was collecting Future Receipts, until Dual and
7even collected the full amount of Future Receipts purchased under
their respective Agreements. The Debtor going out of business or
not collecting Future Receipts in a given week are not events of
default under either Agreement.
On Nov. 18, 2024, nearly three months after entering into the
Agreements with Dual and 7even, the Debtor filed a voluntary
petition for relief under Chapter 11 of the Bankruptcy Code.
As of the Petition Date, the Debtor was still remitting the Future
Receipts it sold to Dual in accordance with the terms of the Dual
Agreement and did not cease remitting the Future Receipts until
after the Debtor filed its bankruptcy case. As
of the date Dual filed its Counterclaims on Feb. 14, 2025, Dual had
not collected a total of $331,500 of Future Receipts that it
purchased from the Debtor. With respect to 7even, as of the
Petition Date 7even had not collected a total of $331,499.90 of
Future Receipts that it purchased from the Debtor.
Dual and 7even assert that the following aspects of their
respective Agreements demonstrate that the transactions were not
loans, but rather "true sales" of the Debtor's accounts:
(a) The language in the Agreements consistently refer to the
transactions as a purchase and sale;
(b) Dual and 7even have no recourse if the Debtor goes out of
business or experiences a slowdown in business or a delay in
collecting Future Receipts. Such circumstances are not events of
default under the Agreements; and
(c) The Debtor has no right to repurchase the Future Receipts
sold to Dual or 7even under their respective Agreements.
Dual and 7even maintain that because the transactions were "true
sales," the Debtor retained no legal or equitable interest in the
sold accounts pursuant to Section 9-318(a) of the Uniform
Commercial Code or Section 541 of the Bankruptcy Code, and thus,
the Future Receipts Dual and 7even purchased from the Debtor are
not property of the Debtor's bankruptcy estate.
Cash Collateral Motion
After the Debtor filed its voluntary petition for Chapter 11
bankruptcy on Nov. 18, 2024, the Court held an expedited hearing on
first day matters on Nov. 22, 2024, which included a contested
motion for interim and final orders authorizing, among other
relief, the Debtor to use cash collateral pursuant to Sections 105,
363(c)(2)(B), 363(e), and 507(b) of the Bankruptcy Code, Rule
4001(b) of the Federal Rules of Bankruptcy Procedure, and Rule
4001-4 of the Local Bankruptcy Rules, as well as authorizing the
Debtor to enter into a factoring arrangement with Versant Funding
LLC to sell certain accounts receivables pursuant to Sections
363(b) and (f) of the Bankruptcy Code and to grant Versant security
interests and claims pursuant to Sections 364(c) and (d).
Objecting to the Debtor's use of cash collateral and the proposed
factoring arrangement were RBLX Funding, LLC and Merk Funding,
Inc., both of whom entered into agreements with the Debtor similar
to the Dual and 7even Agreements. The Debtor, RBLX, and Merk
ultimately reached a global resolution and RBLX and Merk thereafter
withdrew their objections to the Cash Collateral Motion with
prejudice, in exchange for an allowed general unsecured claim in
the total amount due as of the Petition Date.
On Dec. 12, 2024, the Court entered an Interim Order on the Cash
Collateral Motion authorizing the Debtor to use cash collateral and
enter into a factoring arrangement with Versant.
Following a final hearing on first day matters on Jan. 13, 2025,
the Court entered a Final Order on the Cash Collateral Motion on
Jan. 27, 2025. The Final Order, at Paragraph C and Section I,
provides that Versant has a valid and subsisting first lien on all
collateral and pre-petition collateral, and Section II provides the
Debtor with authority to sell its post-petition accounts receivable
to Versant, free and clear of all liens, claims, and encumbrances.
On Dec. 4, 2024, amid the Debtor's efforts to resolve RBLX's and
Merk's objections to the Cash Collateral Motion, and presumably
with the intent to streamline the issues and potentially avoid an
evidentiary hearing in the main bankruptcy case, the Debtor filed
this adversary proceeding, M Design Village, LLC v. Versant Funding
LLC, et al., Adv. Pro. No. 24-01639-MEH.
The Complaint includes 15 counts asserting various causes of action
against defendants Versant, the United States Small Business
Administration, RBLX, Merk, Dual, 7even, Cloudfund LLC and Samson
MCA LLC. On Jan. 8, 2025, the Debtor voluntarily dismissed the
Complaint as to RBLX and Merck pursuant to the global resolution
reached in the main bankruptcy case on the Cash Collateral Motion.
On Feb. 11, 2025, the Debtor voluntarily dismissed the Complaint as
to Versant and the SBA. The claims against Dual, 7even, Cloudfund,
and Samson remain pending, and the Debtor is engaged in mediation
with Cloudfund and Samson.
Counterclaims
Count I of Dual's and 7even's Counterclaims seeks a declaratory
judgment determining that the Future Receipts purchased under their
respective Agreements with the Debtor are not property of the
bankruptcy estate.
In Count II, Dual and 7even bring a tort claim for conversion,
asserting that notwithstanding their ownership of the Future
Receipts, the Debtor proceeded to the use the Future Receipts in
connection with its cash collateral motion.
In this case, the Court has already determined by way of the Final
Order on Cash Collateral and, most recently, confirmation of the
Debtor's Plan, that as of the Petition Date, there was no value in
any of the Debtor's pre-petition assets to which Dual's and 7even's
security interests, if any, could attach. According to the Court,
whatever interest (ownership or lien) Dual and 7even held in the
Debtor's future receivables under their respective Agreements is
encompassed by and inferior to the valid senior lien of Versant
(and the SBA) and the post-petition Factoring Arrangement with
Versant. This, combined with the fact that Versant's liens alone
exceed the value of the Debtor's assets, means that practically,
Dual and 7even can only be, at best, general unsecured creditors,
and are, in fact, treated as such in the confirmed Plan. These
determinations are law of the case, and the Court, having not been
presented with any extraordinary circumstances, and seeing none,
will not revisit its determinations within the context of Dual's
and 7even's Counterclaims.
For these reasons, the Court finds that Dual's and 7even's
Counterclaim I seeking a determination that the Debtor retained no
legal or equitable interest in the Future Receipts is futile and
will be dismissed with prejudice. Likewise, Dual's and 7even's
Counterclaim II for conversion, which presupposes Dual's and
7even's ownership in the Future Receipts, will also be dismissed
with prejudice.
A copy of the Court's Memorandum Opinion dated July 24, 2025, is
available at https://urlcurt.com/u?l=eSyFpY from PacerMonitor.com.
About M Design Village
M Design Village, LLC, was formed as a New Jersey limited liability
company, specializing in nursery and children's furniture.
The Debtor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D.N.J. Case No. 24-21406) on Nov. 18, 2024, listing
between $10 million and $50 million in both assets and
liabilities.
Judge Mark Edward Hall handles the case.
The Debtor is represented by:
Anthony Sodono, III, Esq.
McManimon, Scotland & Baumann, LLC
75 Livingston Avenue, Second Floor
Roseland, NJ 07068
Tel: 973-622-1800
Email: asodono@msbnj.com
M.L.B. DESIGNS: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: M.L.B. Designs, Inc.
Harlows Kitchen Concepts
Home 101
1504 S Tippecanoe Ave
San Bernardino, CA 92408
Business Description: M.L.B. Designs, Inc., doing business as
Harlow's Kitchen Concepts and Home 101,
provides appliance sales, cabinetry, and
countertop solutions in San Bernardino,
California. The Company offers in-home
consultations, personalized design services,
and project coordination from planning
through installation. Founded in 1921, it
operates as one of Southern California's
largest independent appliance dealers.
Chapter 11 Petition Date: July 28, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-15143
Judge: Hon. Scott H. Yun
Debtor's Counsel: David B. Zolkin, Esq.
WEINTRAUB, ZOLKIN TALERICO & SELTH LLP
11766 Wilshire Blvd Suite 730
Los Angeles, CA 90025
Tel: (310) 207-1494
Email: dzolkin@wztslaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Matthew Boone as president and CEO.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/THJYRVA/MLB_Designs_Inc__cacbke-25-15143__0001.0.pdf?mcid=tGE4TAMA
MAIBACH ENERGY: Locomotive Sale to Rail Engineering for $50K OK'd
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Pennsylvania
has approved Maibach Energy LLC, dba Lancaster Propane Gas, to sell
GE Center Cab Locomotive, free and clear of liens, claims, and
encumbrances.
The Debtor's Locomotive is a GE Center Cab Locomotive B160/160-4 GE
747, serial 32343 built in 1955.
The Court has authorized the Debtor to sell the Locomotive to Rail
Engineering Solutions, LLC, P.O. Box 1573, Simpsonville, South
Carolina, 29681, or its Nominee for the purchase price of $50,000.
The Debtor, as Seller, is authorized to perform the relevant or
appropriate conveyances and duties referenced in the Motion.
Closing under the Purchase and Sale Agreement shall occur on or
within 25 days from the date of this Order, whichever is earlier,
but in any event, no later than July 31, 2025.
The Debtor is authorized to execute, deliver, exchange, and perform
under all documents necessary or appropriate to consummate sale and
transfer of the Unit to the Buyer.
About Maibach Energy, LLC
Maibach Energy, LLC, is the parent company for Lancaster Propane
Gas brand. The Lancaster, Pa.-based company offers tank sales and
leases, propane delivery, and tank installation and services.
Maibach Energy filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. E.D. Pa. Case No. 24-13122) on
September 4, 2024, listing $1,743,971 in assets and $202,498 in
liabilities. William Wheaton, member, signed the petition.
Judge Patricia M Mayer oversees the case.
CGA Law Firm serves as the Debtor's bankruptcy counsel.
MALLORY MADISON: Seeks Chapter 11 Bankruptcy in Florida
-------------------------------------------------------
On July 25, 2025, Mallory Madison Holdings LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Florida. According to court filing, the Debtor reports between
$500,000 and $1 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Mallory Madison Holdings LLC
Mallory Madison Holdings LLC is a single asset real estate company
that owns property at 339 Madison Avenue in Memphis, Tennessee.
Mallory Madison Holdings LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-18499) on July
25, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $500,000 and $1 million each.
Honorable Bankruptcy Judge Robert A. Mark handles the case.
MCA NAPLES: To Sell Naples Property to Sunrise Fund for $7.6MM
--------------------------------------------------------------
MCA Naples LLC seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida, Fort Myers Division, to sell
Property, free and clear of liens, claims, and encumbrances.
Among the assets of the Debtor is the real property and
improvements located at 2626 Goodlette Frank Road N, Naples, FL
34105.
The Court confirmed the Debtor’s Second Amended Plan on January
22, 2025. The Plan provided for payment of allowed administrative
expense claims and priority tax claims, payment of the Allowed
Secured Claim of the Collier County Tax Collector over five years,
payment of the Allowed Secured Claim Benworth2 over three years on
an agreed upon schedule, and a distribution to unsecured creditors
of projected disposable income in the amount of $20,000.
The Debtor's tenant was unable to sustain operations and closed its
doors in March 2025, precipitating a default under the terms and
conditions of the Plan. As a result, on March 20, 2025, the Court
granted Benworth relief from the automatic stay to permit it to
enforce the Foreclosure Judgment. The Naples Property is now
scheduled for judicial sale on September 18, 2025.
The Debtor wants to sell the Property to the Naples Property to
Sunrise Fund, LP, a Delaware limited partnership, or its assignee
for the purchase price of $7,667,513.34.
The Purchase Price shall be payable in cash at the Closing as
defined in the parties' Commercial Contract, as amended.
The proposed sale is the product of extensive good faith and
arm's-length negotiations between the Debtor and the Purchaser,
each of whom is represented by counsel.
The liendholders of the Property are tax lien for payment of 2023,
2024, and 2025, Benworth Capital Partners, LLC, and Clearday
Living, f/k/a MCA Naples Operating Company, LLC.
The Debtor requests authority to pay the following undisputed liens
or claims at the closing of the sale:
(a) Real estate commission to Premiere Plus Realty Company in an
amount equal to 4% of the Purchase Price, or $306,700.61, will be
paid at closing;
(b) Outstanding real estate taxes and taxes for the current year
will be prorated as of the date of closing, which are estimated at
$183,680.00, will be paid at closing. There will be no re-proration
of taxes or any other expenses after the date of closing.
(c) Any outstanding homeowners', condominium or property owners’
association assessments will be prorated as of the date of closing
and paid at closing.
(d) Any outstanding municipal charges and assessments and all
municipal service charges for water, sewer and waste collection, if
any, will be paid at closing. Additionally, the Debtor will at
closing credit Purchaser $21,862.00 for water and sewer charges
paid by Purchaser during the Due Diligence Period;
(e) Any outstanding code enforcement violations or similar liens
will be paid at closing; and
(f) Customary Seller's closing expenses not to exceed $30,000.00.
The Debtor intends to pay the Allowed Secured Claim of Benworth in
the estimated amount of $7,179,037.40 in full and final
satisfaction of any lien, claim, encumbrance, or interest in the
Naples Property.
About MCA Naples LLC
MCA Naples, LLC is primarily engaged in renting and leasing real
estate properties.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-00458) on April 3,
2024, with $1 million to $10 million in both assets and
liabilities. B.J. Parrish, chief operating officer, signed the
petition.
Judge Caryl E. Delano presides over the case.
Luis E. Rivera II, Esq., at GrayRobinson, P.A. represents the
Debtor as legal counsel.
MEDICAL PROPERTIES: BlackRock Holds 13.1% Stake as of June 30
-------------------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G/A (Amendment No. 4)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, it beneficially owns 78,641,015 shares of Medical
Properties Trust, Inc.'s Common Stock, representing approximately
13.1% of the shares outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/32fma48n
About Medical Properties Trust
Medical Properties Trust, Inc. is a self-advised real estate
investment trust formed in 2003 to acquire and develop net-leased
hospital facilities. From its inception in Birmingham, Alabama, the
Company has grown to become one of the world's largest owners of
hospital real estate with 402 facilities and approximately 40,000
licensed beds in nine countries and across three continents as of
September 30, 2024. MPT's financing model facilitates acquisitions
and recapitalizations and allows operators of hospitals to unlock
the value of their real estate assets to fund facility
improvements, technology upgrades and other investments in
operations. For more information, please visit the Company's
website at www.medicalpropertiestrust.com
* * *
In Feb. 2025 S&P Global Ratings affirmed its 'CCC+' issuer credit
rating on Medical Properties Trust Inc. The outlook is negative. At
the same time, S&P assigned its 'B-' issue-level rating and '2'
recovery rating to the company's new senior secured notes. S&P also
affirmed its 'CCC+' issue-level rating on Medical Properties
Trust's senior unsecured notes and revised the recovery rating on
the notes to '4' from '3'.
MMRE MANAGEMENT: Seeks Chapter 11 Bankruptcy in New York
--------------------------------------------------------
MMRE Management - Patriot Place LLC has filed for Chapter 11
bankruptcy protection in the U.S. Bankruptcy Court for the Eastern
District of New York. The real estate management firm reports
estimated assets between $14.7 million and $16.1 million, with
liabilities totaling about $25 million.
The filing comes just days ahead of a nonjudicial foreclosure sale
scheduled for August 1, 2025, by secured lender Capital Funding,
LLC -- indicating the move may be aimed at triggering the automatic
stay to prevent the sale.
According to court documents, the debtor lists between 1 and 49
creditors, with approximately $24.8 million in secured claims and
around $159,675 in unsecured debt. Mordechai Mendelovitz is named
as the Managing Member and sole owner of the company. MMRE is
represented by Kevin Nash of Goldberg Weprin Finkel Goldstein LLP.
About MMRE Management - Patriot Place LLC
MMRE Management - Patriot Place LLC is a single asset real estate
company that manages a property located at 575 Riverside Pkwy in
Austell, Georgia, while maintaining its principal place of business
in Brooklyn, New York.
MMRE Management - Patriot Place LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43514) on
July 25, 2025. In its petition, the Debtor reports estimated assets
between $14.7-$16.1 million and liabilities of approximately $25
million.
The Debtor is represented by Goldberg Weprin Finkel Goldstein LLP.
MODIVCARE INC: BlackRock Holds 2.2% Stake as of June 30
-------------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G/A (Amendment No. 4)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, it beneficially owns 317,720 shares of ModivCare
Inc.'s Common Stock, representing approximately 2.2% of the shares
outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/mcav3b2e
About ModivCare
ModivCare Inc. is a technology-enabled healthcare services company
that provides a suite of integrated supportive care solutions for
public and private payors and their members.
At December 31, 2024, ModivCare had 1,654,332,000 in total assets,
1,692,806,000 in total liabilities, and 38,474,000 in total
stockholders' deficit.
* * *
As reported by the Troubled Company Reporter in March 2025, S&P
Global Ratings lowered its Company credit rating on ModivCare Inc.
to 'CCC+' from 'B'. The outlook is negative.
NABORS INDUSTRIES: BlackRock Holds 6.6% Stake as of June 30
-----------------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G/A (Amendment No. 6)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, it beneficially owns 1,040,834 shares of Nabors
Industries Ltd.'s Common Stock, representing approximately 6.6% of
the shares outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/328u9e5w
About Nabors
Bermuda-based Nabors Industries Ltd. (NYSE: NBR) owns and operates
land-based drilling rig fleets and provides offshore platform rigs
in the United States and several international markets. Nabors also
provides directional drilling services, tubular services,
performance software, and innovative technologies for its own rig
fleet and those of third parties.
* * *
Egan-Jones Ratings Company on June 10, 2025, maintained its 'CCC+'
foreign currency and local currency senior unsecured ratings on
debt issued by Nabors Industries, Inc.
NANOVIBRONIX INC: Shareholders OK Reverse Split Up to 1-for-50
--------------------------------------------------------------
NanoVibronix, Inc. held a special meeting of stockholders (as
previously adjourned on July 11, 2205).
As of the close of business on May 16, 2025, the record date for
the Special Meeting, there were 2,282,746 shares of common stock,
par value $0.001 per share, outstanding and entitled to vote.
Holders of 767,239 shares of the Company's stock entitled to vote
at the Special Meeting were represented in person or by proxy
constituting a quorum.
The following matters were submitted to a vote of the Company's
stockholders at the Special Meeting:
Proposal 1: The Reverse Stock Split Proposal
A proposal to approve an amendment to the Company's Amended and
Restated Certificate of Incorporation, as amended, to effect, at
the discretion of the Board of Directors but prior to the one-year
anniversary of the date on which the reverse stock split is
approved by the stockholders at the Special Meeting, a reverse
stock split of all of the outstanding shares of the Company's
Common Stock, at a ratio in the range of 1-for-2 to 1-for-50, with
such ratio to be determined by the Board in its discretion and
included in a public announcement. The results of the voting were
as follows:
* For: 550,179
* Against: 183,224
* Abstentions: 33,836
* Broker Non-Votes: --
Proposal 2: The Adjournment Proposal
A proposal to approve the adjournment of the Special Meeting to a
later date or dates, if necessary or appropriate, to permit further
solicitation and vote of proxies in the event that there are
insufficient votes for, or otherwise in connection with, the
approval of any one or more of the foregoing proposals (the
"Adjournment Proposal"). The results of the voting were as
follows:
* For: 573,509
* Against: 166,066
* Abstentions: 27,664
* Broker Non-Votes: --
Although the Adjournment Proposal received sufficient votes to be
approved, no motion to adjourn the Special Meeting was made because
the adjournment of the Special Meeting was determined not to be
necessary or appropriate.
The results reported are final voting results. All proposals were
approved by the Company's stockholders at the Special Meeting. No
other matters were considered or voted upon at the meeting.
About NanoVibronix
Elmsford, N.Y.-based NanoVibronix, Inc., a Delaware corporation,
commenced operations on October 20, 2003, and is a medical device
company focusing on noninvasive biological response-activating
devices that target wound healing and pain therapy and can be
administered at home without the assistance of medical
professionals.
Southfield, Mich.-based Zwick CPA, PLLC, the Company's auditor
since 2023, 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 suffered recurring losses from operations and needs to raise
additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about its
ability to continue as a going concern.
As of September 30, 2024, NanoVibronix had $4.7 million in total
assets, $2.8 million in total liabilities, and $1.9 million in
total stockholders' equity.
NEW FORTRESS: BlackRock Holds 6.7% of Class A Shares as of June 30
------------------------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of June 30, 2025, it
beneficially owns 18,495,917 shares of New Fortress Energy Inc.'s
Class A Stock, representing approximately 6.7% of the shares
outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/nzpnu27t
About New Fortress Energy Inc.
New Fortress Energy Inc., a Delaware corporation, is a global
energy infrastructure company founded to help address energy
poverty and accelerate the world's transition to reliable,
affordable and clean energy. The Company owns and operates natural
gas and liquefied natural gas infrastructure, ships and logistics
assets to rapidly deliver turnkey energy solutions to global
markets. The Company has liquefaction, regasification and power
generation operations in the United States, Jamaica, Brazil and
Mexico. The Company has marine operations with vessels operating
under time charters and in the spot market globally.
* * *
In July 2025, S&P Global Ratings lowered its issuer credit rating
on New Fortress Energy Inc. (NFE) to 'CCC' from 'B-' . . . 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.
NEW YORK CONCOURSE: Seeks Chapter 11 Bankruptcy in New Jersey
-------------------------------------------------------------
On July 25, 2025, New York Concourse 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.
About New York Concourse LLC
New York Concourse LLC is a single asset real estate company based
in Neptune, New Jersey, with its principal place of business at
1401 Highway 35.
New York Concourse LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-17807) on July 1, 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 Debtor is represented by Joseph Casello, Esq. at Collins, Vella
& Casello.
NORTHVOLT AB: Lyten Raises to Finance to Purchase Co.'s Assets
--------------------------------------------------------------
Gabrielle Coppola of Bloomberg News reports that Lyten, a
California-based startup developing lithium-sulfur batteries, has
secured $200 million in funding from its existing investors to
acquire assets from bankrupt manufacturer Northvolt AB.
According to Bloomberg News, the capital will support Lyten's
purchase of intellectual property related to energy storage
technologies, complementing its previously announced acquisition of
Northvolt's assembly plant in Poland, which it plans to bring back
online. The company noted the funds may also be used for additional
acquisitions.
According to Keith Norman, Lyten's chief marketing and
sustainability officer, the company is accelerating its growth
strategy to capitalize on rising demand for stationary energy
storage systems and military drones across Europe.
About Northvolt AB
Northvolt AB was established in 2016 in Stockholm, Sweden.
Pioneering a sustainable model for battery manufacturing, the
company has received orders from several leading automotive
companies. The company is currently delivering batteries from its
first gigafactory, Northvolt Ett, in Skelleftea, Sweden and from
its R&D and industrialization campus, Northvolt Labs, in Vasteras,
Sweden.
On Nov. 21, 2024, Northvolt AB and eight affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D. Tex. Case No. 24-90577).
The cases are before the Honorable Alfredo R. Perez.
Northvolt is being advised by Teneo as its restructuring and
communications advisor. Kirkland & Ellis LLP, A&O Shearman and
Mannheimer Swartling Advokatbyra AB are serving as legal counsel.
The company has also engaged Rothschild & Co to run its marketing
process. Stretto is the claims agent.
OAKTREE OCALA: Case Summary & 17 Unsecured Creditors
----------------------------------------------------
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
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Oaktree Ocala JV, LLC (Lead Case) 25-22701
3 Linda Drive
Suffern, NY 10901
ASAP Highline Ocala, LLC 25-22702
3 Linda Drive
Suffern, NY 10901
Business Description: ASAP Highline Ocala, LLC owns and operates
Oaktree Village/Greentree Estates, a
46.79-acre mobile home and RV community in
Ocala, Florida, featuring 140 double-wide
manufactured homes, 221 multifamily units, a
pool, clubhouse and other amenities.
Oaktree Ocala JV, LLC, a holding company, is
the sole member of ASAP.
Chapter 11 Petition Date: July 29, 2025
Court: United States Bankruptcy Court
Southern District of New York
Debtors'
Bankruptcy
Counsel: Kenneth M. Lewis, Esq.
Paul M. Nussbau, Esq.
WHITEFORD, TAYLOR & PRESTON L.L.P.
444 Madison Avenue, 4th Floor
New York, NY 10022
Tel: (914) 761-8400
E-mail: klewis@whitefordlaw.com
pnussbaum@whitefordlaw.com
Each Debtor's
Estimated Assets: $10 million to $50 million
Each Debtor's
Estimated Liabilities: $10 million to $50 million
The petitions were signed by Raphael C. Milstein as authorized
signatory.
Fu-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/VVVW47I/Oaktree_Ocala_JV_LLC__nysbke-25-22701__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/2P3NHAQ/ASAP_Highline_Ocala_LLC__nysbke-25-22702__0001.0.pdf?mcid=tGE4TAMA
List of ASAP Highline Ocala's 17 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Andrew T. and Jose Miquel Unsecured Trade $50,000
4039 NW Blitchton Rd Payable
Lot 65
Ocala, FL
34475-6763
2. Capital Premium Unsecured Trade $33,808
12235 South 800 East Payable
Draper, UT 84020
3. Kimley-Horn Unsecured Trade $10,447
2035 Maywill Street Payable
Suite 200
Richmond, VA 23230
4. Sakab Designs Unsecured Trade $5,000
2372 McDonald Avenue Payable
Brooklyn, NY 11223
5. Florida Department of Revenue Salex Tax Claim $4,283
14107 NW US Hwy 441
Suite 100
Alachua, FL 32615
6. Alexis Belsoeur Employee Wage $2,675
Claim
7. US Water Services Corporation Utility Claim $2,555
US Water Operator
4939 Cross Bayou Blvd.
New Port Richey, FL 34652
8. Florida Express Utility Claim $2,469
Waste and Recy
460 NW 52nd Ave
Ocala, FL 34482
9. Demetrius Wilkerson Employee Wage $1,462
Claim
10. Rita Ravenscraft Employee Wage $1,200
Claim
11. Holly Rice Employee Wage $1,200
Claim
12. Ronnie Deeb Employee Wage $1,151
Claim
13. Marion County Tax Property Tax $1,074
Collector
14107 NW US Hwy 441
Suite 100
Alachua, FL
32615-6390
14. John Martin Employee Wage $1,072
Claim
15. John Babett Employee Wage $1,023
Claim
16. Marion County Tax Collector Property Tax $986
14107 NW US Hwy 441
Suite 100
Alachua, FL
32615-6390
17. Massey Services, Inc. Unsecured Trade $386
Massey Pest Control Payable
P.O. Box 547668
Orlando, FL
32854-7668
OAKTREE OCALA: Files for Chapter 11 Due to Dispute With Lender
--------------------------------------------------------------
Ocala, Florida RV park owner ASAP Highline Ocala, LLC and parent
Oaktree Ocala JV, LLC, sought Chapter 11 protection after a dispute
with its lender, CPIF MRA, LLC, an entity affiliated with Columbia
Pacific Advisors.
In March 2022, ASAP purchased 46.79 acres of real property located
in Ocala, Florida for $15 million. The Property consists of 140
double-wide manufactured homes and 221 residence/multifamily
apartment units, as well as a pool, clubhouse and other amenities.
The Property also includes 3.8 acres of undeveloped land. ASAP
intended to develop and stabilize the Property, renovate the units,
RV spaces and amenities over the following two years.
CPIF MRA, LLC, agreed to provide financing for both the purchase of
the Property, as well as capital improvements, pursuant to a
Promissory Note dated Nov. 17, 2022, in the principal amount of $18
million, with interest at 11.5%.
ASAP executed a mortgage granting to CPIF a security interest in
the Property, and an assignment of leases and rents. Oaktree also
pledged its membership interest in ASAP as additional collateral.
Saul Horowitz and Mosher Wiedermann also executed a payment of
performance guaranty with respect to the loan.
The Debtors explain in court filings that ASAP only received $12.31
million of the $18 million loan amount as CPIF failed to future
loan advances. As a result, ASAP incurred significant losses, and
was unable to refinance the Loan prior to its November 17, 2024,
maturity date.
Notwithstanding its failure to honor its obligations under the Loan
Agreement, on December 17, 2024, CPIF commenced a foreclosure
action in the Circuit Court of the Fifth Judicial Circuit in Marion
County, Fl (No. 2024-CA-002372 (3-C)). CPIF alleges that as of
Nov. 17, 2024, ASAP owes CPIF more than $14.2 million, which
amount, it claims, continues to increase.
ASAP has filed and answer to the complaint, and counterclaim for
damages against CPIF.
On May 14, 2025, CPIF unilaterally withdrew $723,000 from ASAP's
operating account pursuant to deposit account control agreement.
Without waiting for the Foreclosure Action to reach its conclusion,
on May 15, 2025, CPIF scheduled an Article 9 UCC Sale of Oaktree's
membership interests in ASAP, to take place on July 29, 2025. ASAP
filed a motion seeking a temporary restraining order or preliminary
injunction of the sale but on July 24, 2024, the court denied
ASAP's motion.
Based on the foregoing, the Debtors claim that it has become
increasingly difficult to either sell or refinance the Property.
Moreover, if CPIF could have purchased Oaktree's 100% membership
interest in ASAP through a credit bid of its disputed, contingent
and unliquidated claim, which is also subject to set-off, CPIF
would have effectively short-circuited a judicial resolution of
ASAP's defenses and counterclaims in the Foreclosure Action and
allowed CPIF to take over the Property.
Accordingly, the Debtors have sought Chapter 11 protection to
retain control of the Property. In the chapter 11 cases, ASAP
expects to obtain a resolution of the disposition of the Property
though either a sale or refinancing, including with a return to all
creditors, without the interference of a premature sale of
Oaktree's membership interest in ASAP, before allowing a court to
resolve both CPIF's claims, and ASAP’s defenses and
counterclaims.
About Oaktree Ocala
ASAP Highline Ocala, LLC owns and operates a mobile home/RV park
known as Oaktree Village/Greentree Estates, located in Ocala,
Florida. Oaktree Ocala JV, LLC, which is a holding company, is the
sole member of ASAP.
Oaktree Ocala JV and ASAP Highline Ocala filed Chapter 11
bankruptcy petitions (Bankr. S.D.N.Y. Case Nos. 25-22701 and
25-22701) on July 29, 2025.
The Debtors each listed assets and debt of $10 million to $50
million.
WHITEFORD, TAYLOR & PRESTON L.L.P., led by Kenneth M. Lewis, and
Paul M. Nussbau, is serving as the Debtor's counsel.
OCUGEN INC: BlackRock Holds 1.9% Stake as of June 30
----------------------------------------------------
BlackRock, Inc. disclosed in a Schedule 13G/A (Amendment No. 1)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, it beneficially owns 5,522,302 shares of Ocugen,
Inc.'s Common Stock, representing approximately 1.9% of the shares
outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/57ve4tam
About Ocugen Inc.
Malvern, Pa.-based Ocugen, Inc. is a biotechnology company focused
on discovering, developing, and commercializing novel gene and cell
therapies, biologics, and vaccines that improve health and offer
hope for patients across the globe. The Company's technology
pipeline includes: Modifier Gene Therapy Platform, Novel Biologic
Therapy for Retinal Diseases, Regenerative Medicine Cell Therapy
Platform, and Inhaled Mucosal Vaccine Platform.
Philadelphia, Pennsylvania-based PricewaterhouseCoopers LLP, the
Company's auditor since 2024, issued a "going concern"
qualification in its report dated March 5, 2025. The report
highlighted that the Company has incurred recurring net losses
since inception that raise substantial doubt about its ability to
continue as a going concern.
BlackRock, Inc., disclosed in a Schedule 13G/A (Amendment No. 1)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, it beneficially owns 5,522,302 shares of Ocugen,
Inc.'s Common Stock, representing approximately 1.9% of the shares
outstanding.
ORYX OILFIELD: Court Confirms Second Amended Reorganization Plan
----------------------------------------------------------------
The Honorable Brenda T. Rhoades of the United States Bankruptcy
Court for the Eastern District of Texas entered an order confirming
Oryx Oilfield Services, LLC's Second Amended Joint Plan of
Reorganization.
The Bankruptcy Court makes and issues the following Findings of
Fact and Conclusions of Law, and Orders:
1. The Solicited Plan, the Plan Supplement, the Disclosure
Statement, the Ballots, the Confirmation Hearing Notice, and the
other materials distributed by the Debtors in connection with
solicitation of the Solicited Plan, as well as the Solicited Plan
and the Plan Supplement, were transmitted and served in compliance
with the Bankruptcy Rules, including Bankruptcy Rules 3017 and
3018, with the Local Rules, and with the Voting Procedures approved
by the Disclosure Statement Order.
2. Each Holder of a Claim in the Voting Classes received a
Ballot. The form of the Ballots adequately addressed the particular
needs of the Chapter 11 Cases and was appropriate for the Holders
of Claims in each Voting Class.
3. Votes to accept or reject the Plan have been solicited and
tabulated fairly, in good faith, and in a manner consistent with
the Bankruptcy Code, the Bankruptcy Rules, the Voting Procedures,
and the Local Rules. Classes 2, 4, 6 and 9 had no votes. Classes 3,
5, 8, 10 and 11 voted to accept the Plan. Class 7 voted to reject
the Plan.
4. The Debtors, as proponents of the Plan, have met their
burden of proving the applicable elements of sections 1129(a) and
1129(b) of the Bankruptcy Code by a preponderance of the evidence,
which is the applicable evidentiary standard for Confirmation. In
addition, and to the extent applicable, the Plan is confirmable
under the clear and convincing evidentiary standard.
5. Article IV of the Plan provides for the separate
classification of Claims and Interests against the Debtors into
fourteen Classes. Valid business, factual, and legal reasons exist
for the separate classification of such Classes of Claims and
Interests. The classifications reflect no improper purpose and do
not unfairly discriminate between, or among, Holders of Claims or
Interests. Each Class of Claims or Interests contains only Claims
or Interests that are substantially similar to other Claims within
that Class. The Plan therefore satisfies sections 1122 and
1123(a)(1) of the Bankruptcy Code.
6. Article IV of the Plan specifies which Claims against the
Debtors are Unimpaired under the Plan, thereby satisfying section
1123(a)(2) of the Bankruptcy Code.
7. Article IV of the Plan specifies which Classes of Claims
against the Debtors are Impaired under the Plan, and describes the
treatment of such Classes, thereby satisfying section 1123(a)(3) of
the Bankruptcy Code.
8. Article IV of the Plan provides for the same treatment by
the Debtors for each Claim or Interest in each respective Class
unless the Holder of a particular Claim or Interest has agreed to a
less favorable treatment of such Claim or Interest in accordance
with the Plan, thereby satisfying section 1123(a)(4) of the
Bankruptcy Code.
9. The Plan, including the various documents and agreements in
the Plan Supplement, provides adequate and proper means for
implementation of the Plan, including, without limitation: (a) the
execution and delivery of appropriate agreements or other documents
of merger, amalgamation, consolidation, restructuring, conversion,
disposition, transfer, arrangement, continuance, dissolution, sale,
purchase, or liquidation containing terms that are consistent with
the terms of the Plan and this Confirmation Order that satisfy the
requirements of applicable law; (b) the execution and delivery of
appropriate instruments of transfer, assignment, assumption, or
delegation of any asset, property, right, liability, debt, or
obligation on terms consistent with the terms of the Plan; (c) the
execution of the Trust Agreement; (d) the filing of appropriate
certificates or articles of incorporation, formation,
reincorporation, merger, consolidation, conversion, amalgamation,
arrangement, continuance, dissolution, or other organizational
documents pursuant to applicable state law; (d) the issuance of the
New Equity Interests as set forth in the Plan; and (g) all other
actions that the Debtors, KCM or the Reorganized Debtor, as
applicable, determine to be necessary or advisable, including
making filings or recordings that may be required by law in
connection with the Plan, thereby satisfying section 1123(a)(5) of
the Bankruptcy Code.
10. This Confirmation Order, pursuant to sections 363 and 1123
of the Bankruptcy Code, authorizes, among other things, all actions
as may be necessary or appropriate to effect any transaction
described in, approved by, contemplated by, or necessary to
effectuate the Plan.
11. The Plan is consistent with section 1123(b)(1) of the
Bankruptcy Code. Specifically, Article IV of the Plan impairs or
leaves Unimpaired each Class of Claims and Interests.
12. The Plan is consistent with section 1123(b)(2) of the
Bankruptcy Code. Article VIII of the Plan provides for the
assumption or rejection of certain of the Debtors' Executory
Contracts and Unexpired Leases on the Effective Date, in accordance
with the provisions of sections 365 and 1123 of the Bankruptcy
Code.
13. The Plan is consistent with section 1123(b)(3) of the
Bankruptcy Code. In accordance with section 363 of the Bankruptcy
Code and Bankruptcy Rule 9019, and in consideration of the
distributions, settlements, and other benefits provided under the
Plan, except as stated otherwise in the Plan, the provisions of the
Plan constitute a good-faith compromise of all Claims, Interests,
and controversies relating to the contractual, subordination, and
other legal rights that a Holder of a Claim or Interest may have
with respect to any Allowed Claim or Interest, or any distribution
to be made on account of such Allowed Claim or Interest. The
compromise and settlement of such Claims and Interests embodied in
the Plan are in the best interests of the Debtors, the Estates, and
all Holders of Claims and Interests, and are fair, equitable, and
reasonable.
14. The Debtors have complied with the applicable provisions of
the Bankruptcy Code and, thus, satisfied the requirements of
section 1129(a)(2) of the Bankruptcy Code.
15. The Debtors have negotiated, developed, and proposed the
Plan (including the Plan Supplement, and all other documents and
agreements necessary to effectuate the Plan) in good faith and not
by any means forbidden by law, thereby satisfying section
1129(a)(3) of the Bankruptcy Code. In so determining, the
Bankruptcy Court has considered the facts and record of the Chapter
11 Cases, the Disclosure Statement, and evidence proffered,
admitted, or adduced at the Confirmation Hearing, and examined the
totality of the circumstances surrounding the filing of the Chapter
11 Cases, the Plan, and the process leading to Confirmation. The
Debtors' Chapter 11 Cases were filed, and the Plan was proposed,
with the legitimate purpose of allowing the Debtors to liquidate
their assets including the sale of their businesses. The Plan
(including all documents necessary to effectuate the Plan) and the
Plan Supplement were negotiated in good faith and at arm's length
among the Debtors and their key stakeholders. Additionally, the
compromises and settlements embodied in the Plan (including all
documents necessary to effectuate the Plan), this Order and the
Plan Supplement reflects the best possible compromise and
settlement that could be reached given the facts and circumstances
surrounding the Debtors and these Chapter 11 Cases. Further, the
Plan's classification, indemnification, exculpation, and injunction
provisions have been negotiated in good faith and at arm's length,
are consistent with the Bankruptcy Code, and are each integral to
the Plan, and necessary for the implementation of the Plan.
16. The Plan satisfies section 1129(a)(7) of the Bankruptcy
Code. The liquidation analysis attached to the Disclosure Statement
as Exhibit F and the other evidence related thereto in support of
the Plan that was proffered, admitted, or adduced at or prior to
the Confirmation Hearing: (a) are reasonable, persuasive, credible,
and accurate as of the dates such analyses or evidence was
prepared, presented, or proffered; (b) utilize reasonable and
appropriate methodologies and assumptions; (c) have not been
controverted by other evidence; and (d) establish that each Holder
of an Impaired Claim or Interest against a Debtor either has
accepted the Plan or will receive or retain under the Plan, on
account of such Claim or Interest, property of a value, as of the
Effective Date, that is not less than the amount that such Holder
would receive or retain if such Debtors were liquidated under
chapter 7 of the Bankruptcy Code as of the Effective Date.
17. The Plan is approved in its entirety and confirmed under
section 1129 of the Bankruptcy Code.
A copy of the Court's Findings of Fact, Conclusions of Law, and
Order Confirming Second Amended Joint Plan of Reorganization dated
July 24, 2025, is available at http://urlcurt.com/u?l=kxAFFufrom
PacerMonitor.com.
About Oryx Oilfield Services
Oryx Oilfield Services, LLC, is an oil and gas construction company
working in shale plays throughout Texas. It fabricates pressure
vessels, inter-connecting piping for modular builds, launchers and
receivers, spools, supports, industrial grade platforms and
ladders.
Oryx and its affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Lead Case No. 24-41618) on July
12, 2024, with total assets of $1 million to $10 million and total
liabilities of $50 million to $100 million.
Judge Brenda T. Rhoades oversees the cases.
The Debtors tapped the Law Offices of Frank J. Wright, PLLC, as
bankruptcy counsel and Grady Bell LLP as special counsel.
PEARL RESOURCES: May Appeal $40M Judgment Against Texas to 5th Cir
------------------------------------------------------------------
Chief Judge Eduardo V. Rodriguez of the United States Bankruptcy
Court for the Southern District of Texas granted the motion of
Pearl Resources, LLC and Pearl Resources Operating Co., LLC for
certification of a direct appeal to the Fifth Circuit Court of
Appeals under 28 U.S.C. Sec. 158(d) in the adversary proceeding
captioned as DAWN BUCKINGHAM, MD, Plaintiff, VS. PEARL RESOURCES
LLC and PEARL RESOURCES OPERATING CO. LLC, Defendant, ADVERSARY NO.
20-3169 (Bankr. S.D. Tex.).
On May 28, 2020, George P. Bush, Commissioner of the Texas General
Land Office, by and through the Office of the Texas Attorney
General, filed the Complaint for Declaratory Judgment against
Pearl.
On Feb. 28, 2025, the Court issued its Memorandum Opinion and
Judgment. The Court initially found that Pearl's recovery of
$40,577,031 in damages was barred by sovereign immunity as to
liability.
On March 14, 2025, Pearl filed its Pearl Resources, LLC and Pearl
Resources Operating Co.'s Motion to Alter or Amend Judgment.
On June 27, 2025, this Court issues its Memorandum Opinion and
Amended Judgment, granting in part Pearl's Motion for
Reconsideration, and rendered an Amended Judgment in favor of
Pearl, permitting recovery by Pearl from the GLO in the amount of
$40,178,678.40, finding that the GLO had waived sovereign immunity
as to both suit and liability.
On July 18, 2025, Pearl filed its First-Amended Motion for
Certification of Direct Appeal to Court of Appeals.
The Amended Judgment yields Pearl a recovery in the amount of
$40,178,678.40 plus prejudgment and post-judgment interest in the
amount of 4.09% until paid in full, which can only be recovered by
Pearl through approval by the Texas Legislature. Pearl seeks timely
relief to attempt to collect its judgment through legislative
approval beginning with the 90th Regular Texas Legislative session
in 2027.
Under Rule 8006, a party may request certification of their appeal
direct to the court of appeals that the bankruptcy court may grant
so long as the movant meets three qualifications:
(1) the certification has been filed;
(2) a timely appeal has been taken under Rule 8003 or 8004; and
(3) the notice of appeal has become effective under Rule 8002
The Notice of Appeal and Notice of Cross Appeal in the instant case
were both filed on July 10, 2025, 14 days after this Court issued
its Amended Judgment. The Motion was filed within 30 days, on July
18, 2025. Procedurally, the Court finds that the Motion was timely
filed by Pearl. Further, the Court finds that the notice of appeal
and notice of cross-appeal were timely filed by the GLO and Pearl
respectively.
The instant appeal largely focuses on the application of sovereign
immunity as to both suit and liability, as applied to the GLO in
the instant case.
This Court's June 27, 2025 Memorandum Opinion and Amended Judgment
awards Pearl $40,178,678.40 from the GLO with prejudgment and
post-judgment interest in the amount of 4.09% until paid in full.
Pearl asserts that the size and nature of the judgment demonstrate
the type of "matter of public importance" contemplated by Sec.
158(d)(2)(A)(i).
The ramification of the growing judgment is the potential burden
imposed on Texas taxpayers, as the GLO does not have an independent
revenue stream to pay the significant judgment, a recovery of
$40,178,678.40 million plus prejudgment and post-judgment interest
in the amount of 4.09% until paid in full. The increasing potential
costs to the public, which hold a vested interest in how funds are
raised, allocated, and spent, can be mitigated through direct
appeal.
Pearl requests direct certification because an immediate appeal
will materially advance the progress of this case. Pearl further
contends without direct certification, it would need to exhaust two
levels of appeals to attempt to seek collection from the Texas
legislature, delaying Pearl's recovery until January 2029 at the
earliest. Such a delay would result in a potential significant cost
to the public based on the size of the judgment.
The Court finds that the Motion demonstrates two of the criteria
for certification under Sec. 158(d)(2)(A), because the Amended
Judgment involves matters of public importance pursuant to 28
U.S.C. Sec. 158(d)(2)(A)(i), and an immediate appeal would
materially advance the progress of this case pursuant to 28 U.S.C.
Sec. 158(d)(2)(A)(iii). Accordingly, the Court certifies its
Judgment and Amended Judgment to the Court of Appeals for the Fifth
Circuit under 28 U.S.C. Sec. 158(d)(2)(A)
A copy of the Court's Memorandum Opinion dated July 22, 2025, is
available at https://urlcurt.com/u?l=s1FOuK from PacerMonitor.com.
About Pearl Resources
Pearl Resources, LLC is a privately held company in the oil and gas
extraction industry.
Pearl Resources and Pearl Resources Operating Co., LLC filed their
voluntary petitions under Chapter 11 of the Bankruptcy Code (Bankr.
S.D. Tex. Lead Case No. 20-31585) on March 3, 2020. The petitions
were signed by Myra Dria, manager and sole member of Pearl
Resources Operating and manager of Pearl Resources.
At the time of the filing, each Debtor disclosed assets of between
$10 million and $50 million and liabilities of the same range.
The Debtors tapped Walter J. Cicack, Esq., at Hawash Cicack &
Gaston, LLP, as legal counsel and David G. Gullickson as
accountant.
PEGGY NESTOR: Appeal in Berger Case Dismissed with Prejudice
------------------------------------------------------------
Judge Jennifer H. Rearden of the United States District Court for
the Southern District of New York adopted the recommendation of
Magistrate Judge Sarah L. Cave that the appeal styled as Marianne
Nestor, Appellant, -v.- Neil Berger, Appellee, Case No.
24-cv-09250-JHR-SLC (S.D.N.Y.) be dismissed for failure to comply
with the Federal Rules of Bankruptcy Procedure and Federal Rule of
Civil Procedure 41(b). This action is dismissed with prejudice.
Appellant Marianne Nestor, acting pro se, seeks a review of an
order of the United States Bankruptcy Court for the Southern
District of New York.
Peggy Nestor, Appellant's sister, filed for Chapter 11 bankruptcy
in the Bankruptcy Court on April 25, 2023. Appellant seemingly
became involved in the Bankruptcy Proceedings through her
co-ownership of a property with her sister.
At issue in this appeal is an Oct. 25, 2024 decision by the
Honorable Michael E. Wiles to hold in contempt, and to impose civil
sanctions, on Appellant.
On Feb. 3, 2025, Judge Cave issued an order directing Appellant to
show cause why this appeal should not be dismissed for
non-compliance with the Federal Rules of Bankruptcy Procedure. The
show cause order gave Appellant until Feb. 18, 2025 to respond.
Appellant did not do so, nor did she request an extension, the
Court recounts.
On April 10, 2025, Judge Cave issued a Report and Recommendation
recommending that this appeal be dismissed for failure to comply
with the Federal Rules of Bankruptcy Procedure and Federal Rule of
Civil Procedure 41(b).
The parties did not file any objections to the Report and
Recommendation. Thus, the parties waived the right to judicial
review.
The Court finds no clear error in the Report and Recommendation and
adopts Judge Cave's recommendation.
A copy of the Court's Order dated July 24, 2025, is available at
https://urlcurt.com/u?l=dzyrYI from PacerMonitor.com.
Peggy Nestor filed for Chapter 11 bankruptcy protection (Bankr.
S.D.N.Y. Case No. 23-10627) on April 25, 2023, listing under $1
million in both assets and liabilities. The Debtor is represented
by Anne Penachio, Esq., at Penachio Malara, LLP.
POWER REIT: Annual Shareholder Meeting Scheduled for Aug. 27
------------------------------------------------------------
Power REIT disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that its Board of Trustees has
set August 27, 2025 as the date of the 2025 annual meeting of
shareholders, and the close of business on July 28, 2025, as the
record date for determining shareholders entitled to receive notice
of, and to vote at, the 2025 annual meeting of shareholders.
In addition to this announcement, Power REIT will separately send
notice and proxy materials to shareholders of record.
About Power REIT
Old Bethpage, N.Y.-based Power REIT is a Maryland-domiciled,
internally-managed real estate investment trust that owns a
portfolio of real estate assets related to transportation, energy
infrastructure, and Controlled Environment Agriculture in the
United States.
Houston, Texas-based MaloneBailey, LLP, the Company's auditor since
2015, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has suffered recurring losses, reduced revenues, and increase of
expenses from operations and has a net capital deficiency that
raises substantial doubt about its ability to continue as a going
concern.
PREDICTIVE ONCOLOGY: Granted Nasdaq Extension to Meet Listing Rules
-------------------------------------------------------------------
Predictive Oncology Inc. secured an extension from a Nasdaq
Hearings Panel to maintain its listing on the Nasdaq Capital Market
through Dec. 8, 2025, according to a July 23 notice. The Company
must meet all continued listing standards, including stockholders'
equity and minimum bid price. The Company said it is pursuing
actions to regain compliance but warned there's no assurance it
will succeed, risking potential delisting.
On June 9, 2025, Predictive Oncology received a delisting notice
from Nasdaq after failing to regain compliance with the minimum
$2.5 million stockholders' equity requirement under Listing Rule
5550(b)(1). Nasdaq staff determined that the Company's securities
would be delisted from the Nasdaq Capital Market. On June 11,
2025, the Company submitted a request for a hearing before the
Nasdaq Hearings Panel, which stayed the suspension of the Company's
securities and the filing of a Form 25-NSE at least pending
issuance of the Panel's decision following the hearing. A hearing
before the Panel was held on July 17, 2025.
The Company also received a notice on July 8, 2025, from Nasdaq
stating that its common stock had closed below $1.00 for 30
consecutive trading days, putting the Company out of compliance
with the minimum bid price requirement under Listing Rule
5550(a)(2).
About Predictive Oncology
Predictive Oncology Inc. uses artificial intelligence and a
proprietary biobank of over 150,000 tumor samples to support
oncology drug discovery and development. The Company provides
insights into drug compound efficacy and develops tumor-specific 3D
cell culture models to enhance pre-clinical research. Its
solutions span from early-stage discovery to clinical trials,
aiming to improve treatment outcomes in cancer therapy.
In an audit report dated March 31, 2025, KPMG LLP issued a "going
concern" qualification citing that the Company has incurred
recurring losses from operations and has an accumulated deficit
that raises substantial doubt about its ability to continue as a
going concern.
The Company incurred a net loss of $12.66 million for the year
ended Dec. 31, 2024, compared to a net loss of $13.98 million for
the year ended Dec. 31, 2023. As of March 31, 2025, the Company
had $5.87 million in total assets, $6.01 million in total
liabilities, and a total stockholders' deficit of $145,796.
The Company has incurred significant and recurring losses from
operations for the past several years and, as of March 31, 2025,
had an accumulated deficit of $182,869,144. The Company had cash
and cash equivalents of $3,087,588 as of March 31, 2025, and needs
to raise significant additional capital to meet its operating
needs. The Company had short-term obligations of $4,609,043 and
long-term operating lease obligations of $1,405,004 as of March 31,
2025. The Company does not expect to generate sufficient operating
revenue to sustain its operations in the near term. During the
three months ended March 31, 2025, the Company incurred negative
cash flows from continuing operating activities of $985,840. The
Company stated it has sought to boost cash flows from operations
through revenue growth and business development efforts but may not
achieve sufficient improvement or near-term profitability. These
factors raise substantial doubt about its ability to continue as a
going concern within one year of issuing the financial statements.
PREDICTIVE ONCOLOGY: Recasts 10-K Following Eagan Biz Sale
----------------------------------------------------------
As previously disclosed in a Current Form on Form 8-K filed by
Predictive Oncology Inc. on March 20, 2025, Predictive Oncology
entered into an asset purchase agreement on March 14, 2025 and
closed the transactions contemplated therein with DeRoyal
Industries, Inc. to sell and assign to DeRoyal assets and
liabilities exclusively related to the business of providing
products for automated, direct-to-drain medical fluid disposal,
including the Company's STREAMWAY(R) product line (the "Eagan
Business").
These assets were operated by the Company's wholly owned
subsidiary, Skyline Medical Inc. and were reported in the Company's
Eagan reportable operating segment in its quarterly and annual
filings prior to the date of the Agreement.
The Company filed a Current Report on Form 8-K dated July 18, 2025,
solely to retrospectively revise and recast its historical
consolidated financial statements and certain other information
included in the Company's Annual Report on Form 10-K for the fiscal
year ended December 31, 2024 previously filed with the Securities
and Exchange Commission on March 31, 2025 to reflect the Eagan
Business as discontinued operations. Beginning in the Company's
Quarterly Report on Form 10-Q for the quarter ended March 31, 2025,
it presented the Eagan Business as discontinued operations in its
interim condensed consolidated financial statements for all periods
presented as a result of meeting the criteria for reporting as
discontinued operations during the quarter ended March 31, 2025.
Accordingly, Exhibit 99.1 of the Form 8-K, available at --
https://tinyurl.com/4v4s2cbs -- updates the following items in
Predictive Oncology's 2024 Form 10-K to retrospectively reflect the
changes resulting from the discontinued operations discussed for
the years ended December 31, 2024 and 2023:
* Part I, Item 1. Business
* Part II, Item 7. Management's Discussion and Analysis of
Financial Condition and Results of Operations; and
* Part II, Item 8. Financial Statements and Supplementary
Data.
About Predictive Oncology
Predictive Oncology Inc., headquartered in Pittsburgh,
Pennsylvania, is a science- and knowledge-driven company that
leverages artificial intelligence (AI) to advance the discovery and
development of optimal cancer therapies. By combining AI with a
proprietary biobank of over 150,000 tumor samples, categorized by
tumor type, the Company delivers actionable insights into drug
compounds, enhancing the drug discovery process and increasing the
likelihood of clinical success. Predictive Oncology offers a
comprehensive suite of solutions that support oncology drug
development from early discovery through to clinical trials,
ultimately aiming to improve treatment effectiveness and patient
outcomes.
In its report dated March 31, 2025, the Company's auditor, KPMG
LLP, issued a "going concern" qualification, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company has incurred recurring losses from
operations and has an accumulated deficit that raises substantial
doubt about its ability to continue as a going concern.
As of Dec. 31, 2024, Predictive Oncology had $4.97 million in total
assets, $5.18 million in total liabilities, and a total
stockholders' deficit of $202,610.
PREDICTIVE ONCOLOGY: Registers 1.92M Shares for Resale via SEPA
---------------------------------------------------------------
Predictive Oncology Inc. filed a Registration Statement on Form S-1
with the U.S. Securities and Exchange Commission to file a
preliminary prospectus relating to the resale from time to time by
YA II PN, LTD., a Cayman Islands exempt limited company of up to
1,921,706 shares of the Company's Common Stock, par value $0.01 per
share. The shares of Common Stock to which this prospectus relates
consists of shares that Predictive Oncology have issued or that it
may, in its discretion, elect to issue and sell to the Selling
Stockholder from time to time after the date of this prospectus
pursuant to a standby equity purchase agreement it entered into
with the Selling Stockholder on July 1, 2025 (the "SEPA").
Such shares include:
(i) 120,482 shares of Common Stock Predictive Oncology issued
to Yorkville as consideration for its commitment to purchase shares
of its Common Stock pursuant to the SEPA and
(ii) up to 1,801,224 shares of Common Stock that may be issued
to Yorkville pursuant to the SEPA.
Predictive Oncology is not selling any securities under the
prospectus and will not receive any proceeds from the sale of
Common Stock by the Selling Stockholder. However, it may receive up
to $10,000,000 aggregate gross proceeds from sales of Common Stock
the Compaby may elect to make to Yorkville pursuant to the SEPA.
The Company will bear all of the registration expenses incurred in
connection with the registration of these shares of Common Stock.
The Selling Stockholder will pay discounts, commissions, fees of
underwriters, selling brokers or dealer managers and similar
expenses, if any, incurred for the sale of these shares of Common
Stock.
The Selling Stockholder may sell or otherwise dispose of the shares
of Common Stock described in this prospectus in a number of
different ways and at varying prices. The Selling Stockholder is an
"underwriter" within the meaning of Section 2(a)(11) of the
Securities Act of 1933, as amended, and any profits on the sales of
shares of Common Stock and any discounts, commissions, or
concessions received by the Selling Stockholder are deemed to be
underwriting discounts and commissions under the Securities Act. If
any underwriters, dealers, or agents are involved in the sale of
any of the securities, their names and any applicable purchase
price, fee, commission, or discount arrangement between or among
them will be set forth, or will be calculable from the information
set forth, in any applicable prospectus supplement.
The Company's Common Stock is listed on The Nasdaq Capital Market
under the symbol "POAI". On July 17, 2025, the last reported sale
price of Common Stock on The Nasdaq Capital Market was $0.78 per
share.
A full-text copy of the Registration Statement is available at
https://tinyurl.com/2bdd7zzr
About Predictive Oncology
Predictive Oncology Inc., headquartered in Pittsburgh,
Pennsylvania, is a science- and knowledge-driven company that
leverages artificial intelligence (AI) to advance the discovery and
development of optimal cancer therapies. By combining AI with a
proprietary biobank of over 150,000 tumor samples, categorized by
tumor type, the Company delivers actionable insights into drug
compounds, enhancing the drug discovery process and increasing the
likelihood of clinical success. Predictive Oncology offers a
comprehensive suite of solutions that support oncology drug
development from early discovery through to clinical trials,
ultimately aiming to improve treatment effectiveness and patient
outcomes.
In its report dated March 31, 2025, the Company's auditor, KPMG
LLP, issued a "going concern" qualification, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company has incurred recurring losses from
operations and has an accumulated deficit that raises substantial
doubt about its ability to continue as a going concern.
As of Dec. 31, 2024, Predictive Oncology had $4.97 million in total
assets, $5.18 million in total liabilities, and a total
stockholders' deficit of $202,610.
PROSPECT MEDICAL: Seeks Additional $55MM to Fund Bankruptcy
-----------------------------------------------------------
Alex Wolf of Bloomberg Law reports that Prospect Medical Holdings
Inc. is requesting an additional $55 million in bankruptcy funding
to complete the sale of its hospital assets and carry out an
orderly Chapter 11 winddown, the company announced.
This marks the third time the Los Angeles-based company has sought
extra financing during its bankruptcy. Prospect has asked the U.S.
Bankruptcy Court for the Northern District of Texas to approve an
amended loan agreement with JMB Capital Partners, which would
provide funding through the end of October 2025 and support the
confirmation of a Chapter 11 plan, according to Bloomberg Law.
The company acknowledged the process has taken longer than
originally anticipated when it filed for bankruptcy in January
2025, the report states.
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, as chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' General Bankruptcy Counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York.
The Debtors' Financial Advisor is ALVAREZ & MARSAL NORTH AMERICA,
LLC.
The Debtors' Investment Banker is HOULIHAN LIKEY, INC.
The Debtors' Claims, Noticing & Solicitation Agent is OMNI AGENT
SOLUTIONS, INC.
PROSPECT MEDICAL: Yale New Haven's Lawsuit Remanded to State Court
------------------------------------------------------------------
Judge Michael P. Shea of the United States District Court for the
District of Connecticut granted the motion of Yale New Haven Health
Services ("YNHH") to remand the case captioned as YALE NEW HAVEN
HEALTH SERVICES CORPORATION, Plaintiff, v. PROSPECT MEDICAL
HOLDINGS, INC., PROSPECT CT, INC., PROSPECT ECHN, INC. D/B/A
EASTERN CONNECTICUT HEALTH NETWORK, PROSPECT ROCKVILLE HOSPITAL,
INC. D/B/A THE ROCKVILLE GENERAL HOSPITAL, PROSPECT MANCHESTER
HOSPITAL, INC. D/B/A THE MANCHESTER MEMORIAL HOSPITAL, PROSPECT
WATERBURY, INC. D/B/A THE WATERBURY HOSPITAL, PROSPECT CT MEDICAL
FOUNDATION, INC. D/B/A EASTERN CT MEDICAL PROFESSIONALS AND
ALLIANCE MEDICAL GROUP, PROSPECT ECHN HOME HEALTH, INC. D/B/A
VISITING NURSE AND HEALTH SERVICES OF CONNECTICUT, CARDIOLOGY
ASSOCIATES OF GREATER WATERBURY, LLC, PROSPECT CT MANAGEMENT
SERVICES, INC. D/B/A MEDICAL PRACTICE PARTNERS, HEALTHCARE STAFFING
ON DEMAND, LLC, PROSPECT WATERBURY AMBULATORY SURGERY, LLC, AND
PROSPECT WATERBURY HOME HEALTH, INC. D/B/A VNA HEALTH AT HOME,
Defendant, Case No. 3:25-cv-00105-MPS (D. Conn.) to the Connecticut
Superior Court. Prospect's motion to transfer this case to the U.S.
Bankruptcy Court for the Northern District of Texas is denied.
On May 1, 2024, YNHH filed suit in the Connecticut Superior Court
alleging three counts of breach of contract against Prospect. The
suit arose in the context of YNHH's prospective purchase of three
hospitals and affiliated facilities from Prospect for $435 million.
The terms of the contemplated transaction were set forth in an
asset purchase agreement.
YNHH alleges that Prospect violated covenants set forth in the APA
and seeks a declaratory judgment that it is not required to close
the transaction. In response, Prospect asserted counterclaims
against YNHH alleging that YNHH violated both the APA and the
Connecticut Unfair Trade Practices Act, CONN. GEN. STAT. Secs.
42-110 et seq., and sought either an order requiring YNHH to close
on the transaction or damages. On Dec. 23, 2024, YNHH filed a
motion for summary judgment.
On Jan. 11, 2025, Prospect filed for Chapter 11 bankruptcy in the
U.S. Bankruptcy Court for the Northern District of Texas. Following
the commencement of Prospect's bankruptcy case, the state law
action was automatically stayed. On Jan. 22, 2025, the case was
removed to this Court and on Jan. 27, 2025, Prospect moved to
transfer the case to the bankruptcy court in the Northern District
of Texas. The next day, YNHH moved to remand the case back to
Connecticut Superior Court.
In seeking remand to state court, YNHH primarily relies upon 28
U.S.C. Sec. 1334(c)(2). In seeking transfer to the bankruptcy court
in Texas, Prospect asks the Court to apply either 28 U.S.C. Sec.
1412 or 28 U.S.C. Sec. 1404(a).
The parties dispute whether this case "arises under" Title 11 or
"arises in a case under" Title 11. Second, they dispute whether
this case can be "timely adjudicated" in Connecticut state court.
Judge Shea agrees with YNHH on both points.
It's clear that this case does not arise under Title 11. The
parties' claims (and counterclaims) all arise under the common law
and Connecticut statutes. The claims in this case did have an
existence outside the bankruptcy, as the suit was initiated on May
1, 2024, and Prospect did not file for Bankruptcy until Jan. 11,
2025. Because this case does not "arise in or under" Title 11, it
is not a core proceeding, the Court finds.
Prospect notes the case is currently stayed under 11 U.S.C. Sec.
362. If the mere filing of a bankruptcy, and the accompanying
automatic stay, meant that the state forum could not "timely
adjudicate" the case, then Section 1334(c)(2) would be rendered a
nullity. The Court concludes the stay, therefore, does not impact
whether this case can be timely adjudicated.
According to Judge Shea, "I find it significant that, before it was
removed, this case was in the end-stages of discovery before a
judge with the requisite subject matter expertise to adjudicate
questions of Connecticut state law. Accordingly, I find that the
Connecticut Superior Court is comparatively better suited to
address this case. Assuming the state law claims here require quick
resolution, remanding to state court would not 'prolong the
administration of the estate.' Remanding would expedite it."
He holds, "Because I have found that the elements of Section
1334(c)(2) are satisfied, I must abstain from exercising
jurisdiction over this case. I therefore do not address whether
discretionary transfer of this case under either 28 U.S.C. Sec.
1412 or Sec. 1404(a) would serve the ends of justice or
convenience. Nonetheless, because these statutes both contemplate
transfer from a federal district court, rather than transfer from a
state court, transfer will no longer be possible once the case is
remanded. Accordingly, YNHH's motion to remand is granted and
Prospect's motion to transfer is denied."
A copy of the Court's Ruling dated July 22, 2025, is available at
https://urlcurt.com/u?l=AlJvUO
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, as chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' General Bankruptcy Counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York.
The Debtors' Financial Advisor is ALVAREZ & MARSAL NORTH AMERICA,
LLC.
The Debtors' Investment Banker is HOULIHAN LIKEY, INC.
The Debtors' Claims, Noticing & Solicitation Agent is OMNI AGENT
SOLUTIONS, INC.
QSH/SANDERS GLEN: S&P Raises 2018A-B Revenue Bond Rating to 'BB-'
-----------------------------------------------------------------
S&P Global Ratings raised its long-term ratings on New Hope
Cultural Education Facilities Finance Corp., Texas' series 2018A
(tax-exempt) and 2018B (taxable) health facilities revenue class I
bonds, issued for QSH/Sanders Glen LLC's Sanders Glen Project, to
'BB-' from 'B-'.
The outlook is stable.
S&P has analyzed environmental, social, and governance factors
relative to DSC and liquidity, management and governance, and
market position, and consider them to be as neutral in its credit
analysis.
S&P said, "The stable outlook reflects our opinion of the project's
improved financial performance to DSC levels exceeding 1x, and a
three-year average DSC calculated at above 1x. In addition,
unaudited interim 2025 financial information indicates that DSC
will remain above 1x for the fiscal period, supporting our view
that performance will be in line with the current rating during the
one-year outlook period."
The upgrade reflects rapid improvement in the project's S&P Global
Ratings-calculated debt service coverage (DSC) ratio, due to
increases in net operating income that outpaced expenses in fiscal
years 2022 to 2024, as a result of growing occupancy and expense
management, as well as a state legislative change allowing for
higher costs recapture associated with Medicaid. Based on
year-to-date financial information for fiscal 2025, S&P expects DSC
will remain above 1.0x.
If the project were to experience losses in revenue due to a drop
in occupancy, or if the project were to experience an increase in
expenses that outpaced growth in revenue, to such a degree that
coverage drops below 1x, S&P could lower the rating.
Should DSC strengthen or consistently remain at levels higher than
1.25x such that the three-year average calculates above 1.25x,
along with improved management policies, S&P could raise the
rating.
RAND PARENT: S&P Affirms 'BB-' Rating on Fungible Term Loan Add-On
------------------------------------------------------------------
S&P Global Ratings affirmed its 'BB-' issue-level rating on Rand
Parent LLC's senior secured debt (revolving credit facility, term
loan B, and senior secured notes). The '3' (rounded estimate: 50%)
recovery rating is unchanged, reflecting its expectation for
meaningful recovery. This follows an announcement that Rand Parent
LLC, the parent of Atlas Air Worldwide Holdings Inc., intends to
issue a $300 million fungible term loan add-on to fund a $300
million dividend, with no other changes to terms.
S&P said, "Our 'BB-' issuer credit rating on Atlas and stable
outlook are unchanged, reflecting our expectation for steady credit
metrics over the forecast period. The use of proceeds from this
transaction does not change our view of the company's financial
policy as the increase in leverage will be relatively immaterial,
with recent improvement in metrics supported by robust operating
performance. We forecast funds from operations (FFO) to debt to be
about 15% in 2025 before improving to about 19% in 2026, in line
with our prior expectations and commensurate with the rating."
Despite ongoing volatility in global trade conditions related to
tariff uncertainty, Atlas has maintained stable performance,
underpinned by its long-term committed contracts, flexibility
through global route access, and a sizable, diverse fleet of
widebody freighters. Revenues grew 11% in the first quarter ended
March 31, 2025, as an 18% yield increase with full-quarter
contribution from aircraft added throughout 2024 offset a 6%
decline in block hours (primarily from the company's strategic exit
of CMI contracts).
Last-12-months S&P Global Ratings-adjusted EBITDA margins improved
about 130 basis points (bps) from 2024 to 21%, with S&P Global
Ratings-adjusted FFO to debt reaching 14% (up from 12% in 2024).
S&P expects demand tailwinds to continue through the year with 2025
revenue growth of about 2%, which reflects reduced CMI flying and
lower fuel pass-through offset by robust yield improvement.
Incremental benefit from new aircraft added in 2024 and the
roll-off of one-time fleet investment and CMI contract transition
costs in the second half of this year should further improve
profitability with S&P Global Ratings-adjusted EBITDA margins of
about 23% for the full year.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P affirmed its 'BB-' rating on the first-lien debt facilities
($1.280 billion proposed upsized senior secured term loan, the $850
million senior secured notes, and the $350 million revolving credit
facility). The '3' (50%-70%, rounded estimate: 50%) recovery rating
reflects meaningful recovery in the event of a payment default.
These instruments are secured on a pari-passu basis by 51 aircraft,
in addition to spare engines and parts inventory.
-- S&P's simulated default in 2029 contemplates a prolonged
economic downturn that leads to the loss of customers and a decline
in the company's revenue, impacting margins and cash flow.
-- Other default assumptions include an 85% draw on its revolver
at default and a 50% draw on its accounts receivable (AR)
securitization facility (not rated), which S&P includes as a
priority claim at default.
Simulated default assumptions
-- Year of default: 2029
S&P said, "We use a discrete asset valuation approach to estimate
Atlas' enterprise value at emergence. Specifically, we depreciate
the current appraised values of all owned aircraft in the fleet to
the default year, and then apply distressed realization rates,
depending on the desirability of the aircraft."
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $2.8
billion
-- Valuation split (obligor/nonobligor [non-recourse, bilateral
aircraft facilities]): 47%/53%
-- Priority claims (AR securitization facility): $75 million
-- Value available to the first-lien secured claims: $1.2 billion
-- Total first-lien claims: $2.5 billion
--Recovery expectations: 30%-50% (rounded estimate: 50%)
Note: S&P doesn't account for any residual value or benefits from
the equity pledge of aircraft beyond the collateral because it
expects the value of these aircraft would be fully consumed by
their respective aircraft financing facilities. Debt amounts
include six months of accrued interest that S&P assumes will be
owed at default.
RED RIVER:J&J Bid to Inspect Beasley Talc Litigation Funding Tossed
-------------------------------------------------------------------
Jake Maher of Law360 reports that on Monday, July 28, 2025, a
special master determined there is no indication that third-party
funders are influencing the Beasley Allen Law Firm's decisions in
the sprawling talc litigation in New Jersey, thereby rejecting
Johnson & Johnson's subpoena aimed at uncovering details about
alleged third-party litigation funding.
About J&J Talc Units
LLT Management, LLC (formerly known as LTL Management LLC) was a
subsidiary of Johnson & Johnson that was formed to manage and
defend thousands of talc-related claims and oversee the operations
of Royalty A&M. Royalty A&M owns a portfolio of royalty revenue
streams, including royalty revenue streams based on third-party
sales of LACTAID, MYLANTA/MYLICON and ROGAINE products.
LTL Management first filed a petition for Chapter 11 protection
(Bankr. W.D.N.C. Case No. 21-30589) on Oct. 14, 2021. The case was
transferred to New Jersey (Bankr. D.N.J. Case No. 21-30589) on Nov.
16, 2021. The Hon. Michael B. Kaplan is the case judge. At the time
of the filing, the Debtor was estimated to have $1 billion to $10
billion in both assets and liabilities.
In the 2021 case, LTL Management tapped Jones Day and Rayburn
Cooper & Durham, P.A., as bankruptcy counsel; King & Spalding, LLP
and Shook, Hardy & Bacon LLP as special counsel; McCarter &
English, LLP as litigation consultant; Bates White, LLC as
financial consultant; and AlixPartners, LLP as restructuring
advisor. Epiq Corporate Restructuring, LLC, served as the claims
agent.
On Dec. 24, 2021, the U.S. Trustee for Regions 3 and 9
reconstituted the talc claimants' committee and appointed two
separate committees: (i) the official committee of talc claimants
I, which represents ovarian cancer claimants, and (ii) the official
committee of talc claimants II, which represents mesothelioma
claimants.
The official committee of talc claimants I tapped Genova Burns LLC,
Brown Rudnick LLP, Otterbourg PC and Parkins Lee & Rubio LLP as its
legal counsel. Meanwhile, the official committee of talc claimants
II is represented by the law firms of Cooley LLP, Bailey Glasser
LLP, Waldrep Wall Babcock & Bailey PLLC, Massey & Gail LLP, and
Sherman Silverstein Kohl Rose & Podolsky P.A.
Re-Filing of Chapter 11 Petition
On Jan. 30, 2023, a panel of the Third Circuit issued an opinion
directing this Court to dismiss the 2021 Chapter 11 Case on the
basis that it was not filed in good faith. Although the Third
Circuit panel recognized that the Debtor "inherited massive
liabilities" and faced "thousands" of future claims, it concluded
that the Debtor was not in financial distress before the filing.
On March 22, 2023, the Third Circuit entered an order denying the
Debtor's petition for rehearing. The Third Circuit entered an order
denying LTL's stay motion on March 31, 2023, and, on the dame
day,issued its mandate directing the Bankruptcy Court to dismiss
the 2021 Chapter 11 Case.
The Bankruptcy Court entered an order dismissing the 2021 Case on
April 4, 2023.
Johnson & Johnson on April 4, 2023, announced that its subsidiary
LTL Management LLC (LTL) has re-filed for voluntary Chapter 11
bankruptcy protection (Bankr. D.N.J. Case No. 23-12825) to obtain
approval of a reorganization plan that will equitably and
efficiently resolve all claims arising from cosmetic talc
litigation against the Company and its affiliates in North
America.
In the new filing, J&J said it has agreed to contribute up to a
present value of $8.9 billion, payable over 25 years, to resolve
all the current and future talc claims, which is an increase of
$6.9 billion over the $2 billion previously committed in connection
with LTL's initial bankruptcy filing in October 2021. LTL also has
secured commitments from over 60,000 current claimants to support a
global resolution on these terms.
In August 2023, U.S. Bankruptcy Judge Michael Kaplan in Trenton,
New Jersey, ruled that the second bankruptcy case should be
dismissed.
3rd Try
In May 2024, J&J announced its subsidiary LLT Management LLC is
soliciting support for a consensual prepackaged bankruptcy plan to
resolve its talc-related liabilities. Under the terms of the plan,
a trust would be funded with over $5.4 billion in the first three
years and more than $8 billion over the course of 25 years, which
J&J calculates to have a net present value of $6.475 billion. If
the Plan is accepted by at least 75% of voters, a bankruptcy was to
be filed under the case name In re Red River Talc LLC. Epiq
Corporate Restructuring, LLC is serving as balloting and
solicitation agent for LLT.
On Sept. 20, 2024, Red River Talc LLC filed a Chapter 11 bankruptcy
petition (Bankr. S.D. Tex. Case No. 24-90505). Porter Hedges LLP
and Jones Day serve as counsel in the new Chapter 11 case. Epiq is
the claims agent.
Paul Hastings LLP is counsel to the Ad Hoc Committee of Supporting
Counsel. Randi S. Ellis is the proposed prepetition legal
representative of future claimants.
ROCK N CONCEPTS: Plan Exclusivity Period Extended to September 16
-----------------------------------------------------------------
Judge Brenda T. Rhoades of the U.S. Bankruptcy Court for the
Eastern District of Texas extended Rock N Concepts, LLC and Lava
Cantina The Colony, LLC's exclusive periods to file a plan of
reorganization and obtain acceptance thereof to September 16 and
November 17, 2025, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
they are paying their bills as they come due. The Debtors are
negotiating a potential sale of the majority of their assets. The
parties to the potential sale have drafted a term sheet and are
working towards a final sale contract. Assuming a sale comes
together, the Debtors would then be in a position to file a plan of
reorganization.
The Debtors claim that they are also negotiating with their
creditors with respect to the potential sale of the Debtors'
assets. Specifically, the sale transaction being contemplated would
include a sale of the real estate by the Debtors' landlord to the
potential buyer of the Debtors' other assets.
The Debtors assert that they are not seeking this extension to
pressure creditors in any way. Rather the extension of exclusivity
periods beyond the initial 120-day period allows the Debtors and
stakeholders have all the information needed to evaluate the
Debtors' Plan, including a potential sale. An objective analysis of
the relevant factors demonstrates that the Debtors are doing
everything that they should be doing as a chapter 11 debtors to
facilitate a successful conclusion to this chapter 11 case. Thus,
the Debtors respectfully submit that sufficient cause exists to
extend the exclusivity periods as requested.
Counsel to the Debtors:
Sarah M. Cox, Esq.
Spector & Cox, PLLC
12770 Coit Road, Suite 850,
Dallas, TX 75251
Tel: (214) 310-1321
About Rock N Concepts LLC
Rock N Concepts, LLC and Lava Cantina The Colony, LLC, a live
entertainment venue and restaurant located in The Colony, Texas,
filed Chapter 11 petitions (Bankr. E.D. Tex. Lead Case No.
25-40416) on February 18, 2025.
At the time of the filing, both Debtors reported between $1 million
and $10 million in assets and liabilities.
Sarah M. Cox, Esq., at Spector & Cox, PLLC is the Debtor's legal
counsel.
Regions Bank, as secured creditor, is represented by:
Jason T. Rodriguez, Esq.
Higier Allen & Lautin, PC
The Tower at Cityplace
2711 N. Haskell Ave., Suite 2400
Dallas, TX 75204
Telephone: (972) 716-1888
Facsimile: (972) 716-1899
jrodriguez@higierallen.com
S&W SEED: Mountain Ridge to Sell Collateral After $19M Loan Default
-------------------------------------------------------------------
As previously disclosed, on June 17, 2025, S&W Seed Company
received a Notice of Event of Default and Reservation of Rights
from ABL OPCO LLC under the Credit and Security Agreement, dated
December 19, 2024, by and among the Company, ABL OPCO LLC
("Mountain Ridge"), as administrative agent, and the lenders party
thereto (as amended to date, the "Mountain Ridge Credit
Agreement").
The Default Notice indicated that an event of default had occurred
and is continuing under the Mountain Ridge Credit Agreement due to
a violation of Section 2.5(h)(1) of the Mountain Ridge Credit
Agreement resulting from the Company's failure to immediately
prepay the Obligations in an aggregate amount equal to the amount
by which the Revolving Exposure exceeded the Borrowing Base (as
reflected in the Borrowing Base Certificate most recently delivered
by the Borrowers). The Obligations are secured by a first priority
security interest in the Collateral, which represents substantially
all of the Company's assets (subject to certain exceptions).
On July 11, 2025, the Company received a Notice of Private
Disposition of Collateral under Uniform Commercial Code (the "UCC
Sale Notice") from Mountain Ridge, notifying the Company that
Mountain Ridge intends to offer to sell all of the Collateral
(which excludes the Excluded Assets (as defined in the UCC Sale
Notice)) in one or more private sales conducted in accordance with
Article 9 of the Uniform Commercial Code on terms acceptable to
Mountain Ridge. The UCC Sale Notice states that the aggregate
principal amount of the Revolving Loans owed by the Company and the
other obligors under the Mountain Ridge Credit Agreement and the
related loan documents is approximately $19.0 million (exclusive of
accrued and accruing interest, fees, costs, expenses, late charges,
and other Obligations payable by such obligors). The Company does
not have sufficient funds to repay the Obligations.
A copy of the UCC Sale Notice is available at
https://tinyurl.com/3nx2pfay
About S&W Seed Company
Founded in 1980, S&W is a global multi-crop, middle-market
agricultural company headquartered in Longmont, Colorado. S&W's
vision is to be the world's preferred proprietary seed company
which supplies a range of sorghum, forage and specialty crop
products that supports the growing global demand for animal
proteins and healthier consumer diets. S&W is a global leader in
proprietary sorghum seeds with significant research and
development, production and distribution capabilities. S&W also has
a commercial presence in proprietary alfalfa seeds, and through a
partnership, is focused on sustainable biofuel feedstocks primarily
within camelina. For more information, please visit
www.swseedco.com.
Denver, Colorado-based Grant Thornton LLP, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated Nov. 1, 2024. The report cited that the Company has incurred
a net loss of $30.1 million and cash used in operating activities
was $5.6 million for the year ended June 30, 2024, and as of that
date, the Company's current liabilities exceeded its current assets
by $5.9 million and had an accumulated deficit of $122.1 million.
In addition, the Company's subsidiary, S&W Australia, entered into
voluntary administration on July 24, 2024, and is no longer under
the Company's control. S&W Australia's entry into voluntary
administration also resulted in an event of default under the
Company's Amended CIBC Loan Agreement. On Aug. 5, 2024, the Company
received a waiver for the event of default from CIBC, which
contained conditions that are not within the Company's control.
Effective Sept. 16, 2024, the Company was not in compliance with
the amended terms per the Third Amendment of the Company's Amended
CIBC Loan Agreement, which constitutes an additional event of
default, and through the date of this report has not been able to
regain compliance. These conditions and uncertainties as to whether
the Company can mitigate the impact of the voluntary
administration, along other matters, raise substantial doubt about
the Company's ability to continue as a going concern.
SADIE ROSE: Oceanside Bakery, Equipment in Chapter 11 Sale
----------------------------------------------------------
Hilco Real Estate Sales, in cooperation with Onyx Asset Advisors,
announced on July 24, 2025, the bankruptcy sale of a 28,900+/- SF,
San Diego based food processing center and its equipment.
Located in the Vista Pacific Business Park at 2614-16 Temple
Heights Drive, Oceanside, California, this one-story building was
constructed in 1988 and sits on 1.28+/- AC. Remodeled in 2009, the
site features seven loading docks, ceiling heights of 19', 43
dedicated parking stalls and a 3,200+/- SF mezzanine office.
Another key component of note is the building's heavy-grade power
at 1,200 amps, which meets the demands of the operation of
commercial ovens, mixers, coolers and other necessary equipment for
food manufacturing. Currently, the facility is occupied by a
bakehouse specializing in bread, rolls, sandwich buns and
flatbreads. While well-equipped to continue bakery operations, this
facility also meets the needs of other types of food processing,
packaging, warehousing and distribution.
Positioned near the Vista--Oceanside border, the property offers
convenient access to State Routes 76 and 78, which connect directly
to Interstates 5 and 15--two major north-south corridors that link
the Pacific Coast with the Intermountain West. This strategic
connectivity enables efficient regional distribution across
Southern California and beyond. Adding to its appeal, the property
is surrounded by a variety of retail centers, dining establishments
and essential services, creating a convenient environment for both
employees and business operations. The strength of the local labor
pool further enhances the location's value; in 2023, Oceanside
reported a workforce of approximately 84,800 people, with 12.4%
employed in manufacturing and 8.9% in accommodation and food
services. This alignment with industrial and food-related sectors
makes the property particularly attractive for companies seeking to
expand production or distribution capabilities. With its prime
location and access to both transportation infrastructure and
skilled labor, the site is ideally suited for operations serving
the San Diego and Orange County markets, especially those supplying
local grocers and retailers.
"Oceanside and the broader North County market continue to see
strong demand for food-grade and specialized industrial space,"
said Jonathan Cuticelli, vice president at Hilco Real Estate Sales.
"This property checks all the boxes for users looking to scale
production or expand distribution, and its location offers
excellent access to key Southern California markets."
Christian Koulichkov, managing director at Hilco Real Estate Sales,
added, "The potential to purchase existing equipment through Onyx
Asset Advisors, further enhances the property's value, offering a
turnkey solutions for users seeking immediate use or future
expansion."
This sale is subject to approval U.S. Bankruptcy Court Southern
District of California (San Diego) Case No. 23- 03478-CL11 | In re:
Sadie Rose Baking Co. All bids should be made on the Purchase &
Sale Agreement available for review and download from Hilco Real
Estate Sales' website. On-site inspections will be held by
appointment only.
Interested bidders should review the terms of sale for requirements
to participate in the sale process available on Hilco Real Estate's
website. For further information, please contact Christian
Koulichkov at (847) 449-7757 or ckoulichkov@hilcoglobal.com and
Jonathan Cuticelli at (203) 245-0539 or
jcuticelli@hilcoglobal.com.
For further information on the property, sale process and terms or
to obtain access to due diligence documents, please visit
HilcoRealEstateSales.com or call (855) 755-2300.
About Hilco Real Estate Sales
Successfully positioning the real estate holdings within a
company's portfolio is a material component of establishing and
maintaining a strong financial foundation for long-term success. At
Hilco Real Estate Sales (HRE), a Hilco Global company
(HilcoGlobal.com), we advise and execute strategies to assist
clients seeking to optimize their real estate assets, improve cash
flow, maximize asset value and minimize liabilities and portfolio
risk. We help clients traverse complex transactions and
transitions, coordinating with internal and external networks and
constituents to navigate ever-challenging market environments.
About Onyx Asset Advisors, LLC
Onyx Asset Advisors, LLC. is an asset monetization and advisory
firm that specializes in multi-faceted strategies ranging from
outright asset purchases providing immediate liquidity, prefunded
disposition activities, negotiated orderly sales, public auctions,
and supply chain redirection. Onyx's interdisciplinary expertise
spans a broad spectrum of asset classes including real estate,
inventory, brand / intellectual property, and machinery &
equipment.
About Sadie Rose Baking Co.
Sadie Rose Baking Co. makes handmade artisan and specialty bread,
rolls, sandwich buns and flatbreads.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Cal. Case No. 23-03478) on November 3,
2023. In the petition signed by Jennifer Curran, CEO, the Debtor
disclosed $2,212,893 in assets and $9,700,278 in liabilities.
Meredith King, Esq., at Franklin Soto Leeds LLP, represents the
Debtor as legal counsel.
SAFE & GREEN: Swaps Warrants for 60,000 Series B Preferred Shares
-----------------------------------------------------------------
Safe & Green Holdings Corp. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
entered into an Exchange Agreement by and among the Company and the
Investors.
Pursuant to the Exchange Agreement, the parties intended to effect
a voluntary security exchange transaction whereby the Investors
will exchange the Series A and Series B Warrants previously
purchased in the April 14, 2025 private placement for an aggregate
of 60,000 shares of Series B Preferred Stock, with the New Series B
Convertible Preferred Stock's rights and preferences being set
forth on that certain certificate of designation of the Company,
filed with the State of Delaware on July 17, 2025.
Series B Preferred Stock Certificate of Designation:
On July 17, 2025, the Company filed a Certificate of Designation
with the Delaware Secretary of State designating, 60,000 shares as
Series B Convertible Preferred Stock, each with a stated value of
$1,000 per share. The Certificate of Designation sets forth the
rights, preferences and limitations of the shares of Series B
Preferred Stock. Terms not otherwise defined in this item shall
have the meanings given in the Certificate of Designation.
The following is a summary of the terms of the Series B Preferred
Stock:
Dividends: At all times following the issuance of the Series B
Preferred Stock, while shares of Series B Preferred Stock are
issued and outstanding, holders of Series B Preferred Stock shall
be entitled to receive, and the Company shall pay, dividends on
shares of Series B Preferred Stock equal (on an
as-if-converted-to-Common-Stock basis and without regard to any
limitations on conversion set forth herein or otherwise) to and in
the same form as dividends (which shall be made in accordance with
the terms of the Certificate of Designation) actually paid on
shares of the Company's Common Stock when, as and if such dividends
(which shall be made in accordance with the terms of the
Certificate of Designation) are paid on shares of the Common
Stock.
Voting Rights: Subject to certain limitations described in the
Certificate of Designation, the Series B Preferred Stock is voting
stock. The issuance of preferred stock has limited voting power,
such that the preferred stock would vote as if converted at the
"Nasdaq Minimum Price" as defined in Listing Rule 5635(d)(1), on
the date of issuance. Notwithstanding the foregoing, the holders of
the Series B Preferred Stock shall not be permitted to vote in
excess of 19.99% until shareholder approval for the Series B
Preferred Stock is obtained.
Liquidation: Upon any Liquidation (as defined in the Certificate of
Designation), the assets of the Company available for distribution
to its stockholders shall be distributed among the holders of the
shares of the Company's Series A Convertible Preferred Stock,
Series B Preferred Stock and Common Stock, pro rata based on the
number of shares held by each such holder, treating for this
purpose all shares of Series B Preferred Stock as if they had been
converted to Common Stock pursuant to the terms of the Certificate
of Designation immediately prior to such Liquidation, without
regard to any limitations on conversion set forth in the
Certificate of Designation or otherwise.
Conversion: Subject to the limitations set forth in the Certificate
of Designation, at the option of the holder, each share of Series B
Preferred Stock shall be convertible into a number shares of Common
Stock obtained by dividing the Stated Value of each such share of
Series B Preferred Stock by the conversion price of $0.392. The
Conversion Price is subject to adjustment, pursuant to Section 6 of
the Certificate of Amendment, in the event of stock dividends and
stock splits, subsequent rights offerings, pro rata distributions,
and fundamental transactions.
Registration Rights Agreement:
In connection with the Transaction, the Company entered into a
registration rights agreement with the Purchasers on July 17, 2025,
pursuant to which the Company is required to file a registration
statement covering the resale of the Securities.
About Safe & Green
Safe & Green Holdings Corp. is a modular solutions company
headquartered in Miami, Florida. The company specializes in the
development, design, and fabrication of modular structures,
focusing on safe and green solutions across various industries.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated Mar. 31, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has incurred net losses since its inception, negative working
capital, and negative cash flows from operations, which raises
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, the Company had $6,071,524 in total assets,
$18,531,832 in total liabilities, and a total stockholders' deficit
of $12,460,308.
SALT LAKE CITY DISTILLERY: Cash Collateral Hearing Set for July 31
------------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Utah is set to hold a
hearing on July 31 to consider another extension of Salt Lake City
Distillery, LLC's authority to use cash collateral.
The court previously issued an interim order granting the Debtor
access to up to $7,137 in cash collateral to meet payroll
obligations on July 21 and 28.
Secured creditors with interests in the cash collateral as of July
10 were granted a replacement lien on the Debtor's future proceeds
under the July 21 interim order, which also approved the payment of
$4,942.24 in retail excise taxes and $5,598.34 in alcohol excise
taxes from funds held in trust.
The secured creditors are Cache Valley Bank, Doyle Buchanan and
Rotterdam Partners-Dented Brick Mezzanine Debt, LLC, which are owed
$1,942.864.47, $75,000 and $1,300,000, respectively. Cache Valley
Bank is the senior secured creditor whose claim is secured by the
Debtor's real property
The Debtor has a current balance of cash reserves of $4,800, plus
accounts receivable in the amount of $95,201 for a total amount of
$100,001.
Cache Valley Bank is represented by:
Reid W. Lambert, Esq.
Strong & Hanni, PC
102 South 200 East, Suite 800
Salt Lake City, UT 84111
Phone: 801-532-7080
Fax: (801) 596-1508
info@strongandhanni.com
Rotterdam is represented by:
Brian M. Rothschild, Esq.
Darren Neilson, Esq.
Parsons Behle & Latimer
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Phone: 801.532.1234
Fax: 801.536.6111
BRothschild@parsonsbehle.com
DNeilson@parsonsbehle.com
ecf@parsonsbehle.com
About Salt Lake City Distillery LLC
Salt Lake City Distillery, LLC, operating as Dented Brick
Distillery, is a Utah-based craft spirits producer located in Salt
Lake City. It specializes in manufacturing alcoholic beverages,
primarily focused on distilled spirits production.
Salt Lake City Distillery sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Utah Case No. 25-23944) on July 10,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Peggy Hunt handles the case.
The Debtor is represented by:
Steven M. Rogers, Esq.
Rogers & Russell
Tel: 801-899-6064
Email: srogers@roruss.com
SAMSARA LUGGAGE: Targets Q4 for Filings, Eyes Uplist Post-Audit
---------------------------------------------------------------
Samsara Luggage Inc. issued an update regarding its financial
disclosures and status on the OTC Markets platform.
SAML is currently in the process of completing its outstanding
audited financials and disclosures. The delays stem primarily from
accounting and compliance matters related to legacy issues
predating current management, including historical SEC comments and
the need to implement updated internal systems for more efficient
reporting as SAML grows.
In the last three years, SAML has also changed auditors twice,
first transitioning to an India-based audit firm and then again to
a U.S.-based PCAOB-registered auditor, aligning with its future
listing ambitions. This process, while essential, added further
complexity and time to audit completion.
Additionally, SAML faced significant cash flow constraints during
the 2023–2024 market downturn, which limited its ability to
allocate resources aggressively toward finalizing its financials.
Despite this, SAML has remained focused on strengthening its
operational foundation and preparing for future growth.
Management stated:
"While SAML was effectively in a holding pattern throughout 2023
and much of 2024 due to capital constraints, the team has worked
diligently behind the scenes to prepare for the next phase of
growth. We believe now is the time to execute, particularly as
market conditions and trade policy shifts begin to favor our
business model. There is no strategic value in remaining on the OTC
for the long term, and we're fully focused on transitioning to a
major exchange where we can properly raise capital and unlock
shareholder value."
SAML management is currently finalizing its audited financials and
is targeting submission of all outstanding filings before the
beginning of Q4. SAML is also considering filing a registration
statement and applying to uplist to a national exchange either
concurrently with or shortly after the disclosures are filed. This
move is intended to support a robust acquisition pipeline and
accelerate growth across its key subsidiaries.
SAML has been advised not to submit interim unaudited financials,
but instead to file complete, audited financials with all necessary
adjustments. However, OTC Markets rules prohibit having multiple
overdue filings, which may result in SAML being temporarily moved
to the OTC Expert Market until compliance is restored.
SAML affirms that, if such a move occurs, it will be temporary and
is prepared to submit the appropriate forms to return to the main
OTC tier as quickly as possible.
"We are working with urgency and determination to complete our
filings, restore full compliance, and pursue our listing and
capital objectives. We're excited about what lies ahead and are
fully committed to delivering value to our shareholders."
About Samsara Luggage
New York, N.Y.-based Samsara Luggage, Inc. creates luggage
products. The Company offers cabin, travel, laptop, and mobile desk
bags of various types of materials.
Ahmedabad, India-based Pipara & Co LLP, the Company's former
auditor, issued a "going concern" qualification in its report dated
April 1, 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.
SD BACKYARD: Seeks Court Approval to Hire NGS LLP as Accountants
----------------------------------------------------------------
SD Backyard, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of California to hire NGS, LLP to serve as
accountants in its Chapter 11 case.
NGS, LLP will provide these services:
(a) perform Chapter 11 analysis of tax consequences of estate
assets;
(b) assist in reviewing banking and financial records; and
(c) provide accounting and tax-related services necessary for
the Debtor to fulfill its duties under 11 U.S.C. Section 704.
Jean M. Goddard will bill at a rate of $275 per hour, and Sandra
Aguilar Tyson at $195 per hour.
NGS, LLP received a $10,000 retainer prior to the bankruptcy
filing.
According to court filings, NGS, LLP is a "disinterested" party as
defined under Section 327(a) of the Bankruptcy Code.
The firm can be reached at:
Jean M. Goddard, Esq.
Sandra Aguilar Tyson, Esq.
NGS, LLP
6120 Paseo del Norte, Suite A-1
Carlsbad, CA 92011
Telephone: (760) 930-0282
About SD Backyard, LLC
SD Backyard, LLC is a San Diego-based restaurant group that
operates multiple Asian cuisine restaurants including Steamy Piggy,
Formoosa, Yun, Viet Nom, and Oi Shiba.
SD Backyard sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Calif. Case No. 25-02776) on July 1, 2025. In its
petition, the Debtor reported estimated assets between $50,000 and
$100,000 and estimated liabilities between $500,000 and $1
million.
The Debtor is represented by Gary B. Rudolph, Esq., at Fennemore,
LLP.
SENMIAO TECHNOLOGY: To Implement 1-for-10 Reverse Split
-------------------------------------------------------
Senmiao Technology Ltd. announced plans to implement a 1-for-10
reverse stock split of its common shares, effective July 29, 2025.
Trading in the Common Stock will continue on the Nasdaq Stock
Market under the symbol "AIHS". The new CUSIP number for the
Common Stock following the Reverse Stock Split is 817225303.
The Reverse Stock Split at a ratio of 1-for-10 was approved by the
Company's Board of Directors.
Upon effectiveness of the Reverse Stock Split, every 10 shares of
issued and outstanding common stock will be converted into one
share. No fractional shares will be issued as a result of the
Reverse Stock Split. Instead, any fractional shares that would
have resulted from the split will be rounded up to the next whole
number. The Reverse Stock Split affects all stockholders uniformly
and will not alter any stockholder's percentage interest in the
Company's outstanding common stock, except for adjustments that may
result from the treatment of fractional shares.
In connection with the reverse stock split, the Company filed a
Certificate of Change with the State of Nevada to reduce the
authorized number of shares of the Company's common stock from
500,000,000 shares to 50,000,000 shares, the reduction at the same
ratio as its issued and outstanding shares of Common Stock. No
stockholder's approval and amendment to the Company's Articles of
Incorporation are required pursuant to Nevada Revised States 78.207
and 78.209.
About Senmiao Technology Limited
Headquartered in Chengdu, Sichuan Province, Senmiao provides
automobile transaction and related services including sales of
automobiles, facilitation and services for automobile purchases and
financing, management, operating leases, guarantees and other
automobile transaction services in China.
In an audit report dated July 10, 2025, Marcum Asia CPAs LLP issued
a "going concern" qualification citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
The Company reported net losses from continuing operations of $3.47
million and $3.85 million for the fiscal years ended March 31, 2025
and 2024, respectively. Operating losses may persist as the
Company expects higher expenses tied to customer acquisition,
business development, and potential expansion into new
revenue-generating activities.
Senmiao said it does not expect proceeds from future public
offerings or anticipated cash flows to be sufficient to meet
working capital needs and capital expenditures over the next 12
months from July 10, 2025. The Company warned that without
significant revenue generation, it may need to curtail or cease
operations.
SHARPLINK GAMING: Expands ATM Offering to $6B With Forward Sales
----------------------------------------------------------------
As previously reported, on May 30, 2025, pursuant to a prospectus
supplement to the Shelf Registration Statement on Form S-3ASR (File
No. 333-287708) of SharpLink Gaming, Inc., the Company entered into
an ATM Sales Agreement with A.G.P./Alliance Global Partners, as
sales agent, to sell shares of its common stock, par value $0.0001
per share, having an aggregate offering price of up to
$1,000,000,000 from time to time, through an "at the market
offering" as defined in Rule 415 under the Securities Act of 1933,
as amended.
On July 17, 2025, the Company entered into an Amendment to the
Sales Agreement to:
(i) increase the number of Shares that may be sold in the ATM
Offering to $6,000,000,000; and
(ii) to permit the forward sale of Shares to be sold in the ATM
Offering pursuant to Master Forward Confirmation Letter Agreements
(the "Forward Sales Agreements," and each a "Forward Sales
Agreement").
Pursuant to the Amendment, the Agent will be entitled to
compensation at a commission rate of 2.5% of the gross sales price
per Share on the first $1.0 billion of Shares sold of the ATM Sales
Increase and 2.0% of the gross sales price per Share on all sales
of Shares thereafter sold by means of the ATM Offering, and the
Agent will be entitled to compensation at a commission rate of 4.0%
for forward sales made under Forward Sales Agreements. The Agent
when acting in their capacity as sales agents for the Company, is
referred to as a "Sales Agent", and when acting in their capacity
as counterparties to the Forward Sales Agreement, is referred to as
a "Forward Purchaser," and when acting in their capacity as agent
for the Forward Purchaser, is referred to as a "Forward Seller".
Pursuant to the Sales Agreement, as amended by the Amendment, the
Company may enter into one or more Forward Sale Agreements with the
Forward Purchasers. In connection with each such Forward Sale
Agreement, the relevant Forward Purchaser will, at the Company's
request, use commercially reasonable efforts to borrow from third
parties and, through the relevant Forward Seller, sell a number of
Shares equal to the number of shares of Common Stock underlying
such Forward Sales Agreement. Although the Company expects to
physically settle any Forward Sale Agreement into which it enters
(by the delivery of common stock) and receive proceeds from the
sale of Shares upon one or more forward settlement dates no later
than the date that is two years from entry into the applicable
Forward Sales Agreement, the Company may elect to cash settle or
net share settle all or a portion of its obligations under any
forward sale agreement. The Forward Sales Agreements are subject to
early termination or settlement under certain circumstances.
The Company has filed a supplement to the Prospectus Supplement
with the SEC to address the ATM Sales Agreement and Forward Sales
Agreements on July 17, 2025.
About SharpLink Gaming
SharpLink Gaming, Inc., operates as a marketing partner to
sportsbooks and online casino gaming operators globally. SharpLink
Gaming operates as a marketing partner to sportsbooks and online
casino gaming operators globally. Based in Minneapolis, Minnesota,
the Company operates PAS.net, an affiliate marketing network that
facilitates player acquisition and engagement for regulated iGaming
operators. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences.
Cherry Bekaert LLP, the Company's auditor since 2022, included a
"going concern" qualification in its audit report dated March 14,
2025, for the fiscal year ended December 31, 2024. The firm cited
recurring losses and negative operating cash flows as factors that
raise substantial doubt about the Company's ability to continue
operating.
The Company has a track record of net losses and noted that it may
be unable to achieve or sustain profitability going forward. The
Company experienced net income of $10,099,619 for the year ending
Dec. 31, 2024, compared to a net loss of $14,243,182 for the years
ended Dec. 31, 2023. As of Dec. 31, 2024, the Company had an
accumulated deficit of $(77,808,959).
SIBUNA GROUP: Seeks Chapter 11 Bankruptcy in Georgia
----------------------------------------------------
On July 25, 2025, Sibuna Group LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Northern District of Georgia.
According to court filing, the Debtor reports up to $50,000 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Sibuna Group LLC
Sibuna Group LLC is a Georgia-based limited liability company.
Sibuna Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-58300) on July 25,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities up to $50,000.
SMITH MICRO: Closes $1.5M Shelf Takedown, Warrant Placement
-----------------------------------------------------------
Smith Micro Software, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
entered into a securities purchase agreement with certain
institutional and accredited investors relating to the registered
direct offering and sale of an aggregate of 1,612,903 shares of the
Company's common stock, par value $0.001 per share at an offering
price of $0.93 per share of Common Stock (the "Registered Shelf
Takedown Offering").
The shares of Common Stock were offered by the Company pursuant to
a prospectus supplement dated July 17, 2025, and accompanying
prospectus dated May 16, 2025, in connection with a takedown from
the Company's shelf registration statement on Form S-3 (File No.
333-287029), which was declared effective by the Securities and
Exchange Commission on May 16, 2025.
Pursuant to the Purchase Agreement, in a concurrent private
placement, the Company also agreed to sell to the Purchasers
unregistered warrants to purchase up to an aggregate of 1,612,903
shares of Common Stock. Each unregistered Common Warrant has an
exercise price of $1.20 per share, is immediately exercisable and
will expire five years from the date of issuance. The Common
Warrants contain a "full-ratchet" anti-dilution adjustment, such
that the exercise price will be adjusted if the Company issues
shares of Common Stock (or Common Stock equivalents) at a price
below the exercise price of the Common Warrant. The number of
shares issuable upon exercise of such shares will then be
proportionately adjusted.
Additionally, in the event of a reverse stock split, the exercise
price of each Common Warrant is subject to adjustment (along with a
proportionate adjustment in the number of shares) if the market
price of the Common Stock is less than the exercise price of the
Common Warrant (after giving effect to the split) during a period
before and after the effective date of the reverse split.
Further, pursuant to the Purchase Agreement, a holder's right to
exercise the Common Warrants, and the Company's ability to issue
shares upon exercise, is subject to certain limitations set forth
in the Purchase Agreement pursuant to which the Common Warrants
were issued, including a limit on the number of shares that may be
issued until the time, if any, that the Company's stockholders have
approved the issuance of more than 19.9% of the Company's
outstanding shares of common stock pursuant to the Registered Shelf
Takedown Offering and Private Placement in accordance with Nasdaq
listing standards. The Company has agreed to seek stockholder
approval of these matters at a meeting to be held no later than
October 17, 2025.
Neither the Common Warrants nor the Common Warrant Shares have been
registered under the Securities Act of 1933, as amended. The Common
Warrants were, and Common Warrant Shares will be, issued without
registration under the Securities Act, in reliance on the
exemptions provided by Section 4(a)(2) of the Securities Act as
transactions not involving a public offering and Rule 506
promulgated under the Securities Act as sales to accredited
investors.
The gross proceeds to the Company from the Registered Shelf
Takedown Offering and Private Placement were approximately $1.5
million, before deducting offering expenses payable by the Company.
The Company expects to use the net proceeds from the Registered
Shelf Takedown Offering and Private Placement for working capital
and general corporate purposes. The closing of the Registered Shelf
Takedown Offering and Private Placement occurred on July 18, 2025.
The Purchase Agreement contains representations, warranties and
covenants made by the Company that are customary for transactions
of this type. Under the terms of the Purchase Agreement, and
subject to certain exceptions, the Company has agreed not to:
(i) issue, enter into any agreement to issue or announce the
issuance or proposed issuance of any shares of Common Stock or
Common Stock equivalents or
(ii) subject to customary exceptions, file any registration
statement or amendment or supplement thereto, for a period lasting
until the later of 75 days following the closing of the Registered
Shelf Takedown Offering and Private Placement and the date of
stockholder approval of the aforementioned matters in accordance
with Nasdaq listing standards. The Company has also agreed not to
effect or enter into an agreement to effect any issuance of Common
Stock or Common Stock equivalents involving a Variable Rate
Transaction, as defined in the Purchase Agreement, for a period of
five (5) months following the closing of the Registered Shelf
Takedown Offering and the Private Placement, respectively.
The Company has further agreed, subject to carve outs for certain
exempt issuances pursuant to Company stock or option plans, the
securities issuable upon the exercise, exchange or conversion of
those issued in the Registered Shelf Takedown Offering, or certain
outstanding Company securities, not to issue any shares of Common
Stock or Common Stock equivalents at a price per share below the
exercise price of the Common Warrants until stockholder approval of
the aforementioned matters in accordance with Nasdaq listing
standards is obtained.
Further, pursuant to the Purchase Agreement, the Company agreed
that, on or before the 60th day following the closing of each of
the Registered Shelf Takedown Offering and the Private Placement,
the Company will file a registration statement with the SEC
registering for resale the Common Warrant Shares issuable upon
exercise of the Common Warrants. The Company has further agreed
that such registration statement will be declared effective by the
SEC no later than 120 days following the closing of the Registered
Shelf Takedown Offering and the Private Placement.
Pursuant to the terms of an engagement letter agreement previously
entered into on June 19, 2025, by the Company with Chardan Capital
Markets LLC, the Company has agreed to pay Chardan a cash fee equal
to 6.5% of the total gross proceeds from the Registered Shelf
Takedown Offering and Private Placement in connection with its
service as a financial advisor to the Company for the offerings.
The foregoing is only a summary of the material terms of the Common
Warrants and the Purchase Agreement and is qualified in its
entirety by reference to the full text of such agreements, which
are attached in the Form 8-K available at
https://tinyurl.com/4rb3564t
About Smith Micro Software
Pittsburgh, Pa.-based Smith Micro Software, Inc. develops software
to simplify and enhance the mobile experience, providing solutions
to some of the leading wireless and cable service providers around
the world. From enabling the family digital lifestyle to providing
powerful voice messaging capabilities, the Company's solutions
enrich today's connected lifestyles while creating new
opportunities to engage consumers via smartphones and consumer IoT
devices. The Smith Micro portfolio also includes a wide range of
products for creating, sharing, and monetizing rich content, such
as visual voice messaging, optimizing retail content display and
performing analytics on any product set.
As of Dec. 31, 2024, the Company had $48.05 million in total
assets, $5.65 million in total current liabilities, $1.64 million
in total non-current liabilities, and $40.76 million in total
stockholders' equity.
Los Angeles, California-based SingerLewak LLP, the Company's
auditor since 2005, issued a "going concern" qualification in its
report dated March 12, 2025, citing that the Company has suffered
recurring losses from operations and has projected future cash flow
requirements to meet continuing operations in excess of current
available cash. This raises substantial doubt about the Company's
ability to continue as a going concern.
SOLUNA HOLDINGS: Intracoastal Capital, 2 Others Hold 9.99% Stake
----------------------------------------------------------------
Mitchell P. Kopin, Daniel B. Asher, and Intracoastal Capital LLC
disclosed in a Schedule 13G filed with the U.S. Securities and
Exchange Commission that as of July 15, 2025, they beneficially own
2,997,785 shares of Common Stock of Soluna Holdings, Inc.,
representing 9.99% of the class outstanding. These shares consist
of:
(i) 1,818,182 shares of Common Stock issuable upon exercise of
a warrant ("Intracoastal Warrant 1") and
(ii) 1,179,603 shares issuable upon exercise of a second
warrant ("Intracoastal Warrant 2").
The warrants are subject to blocker provisions preventing ownership
from exceeding 9.99% of the total outstanding shares. The
securities are held with shared voting and dispositive power.
Intracoastal Capital may be reached through:
Mitchell P. Kopin, Manager
245 Palm Trail
Delray Beach, Florida 33483
A full-text copy of the Intracoastal Capital's SEC report is
available at: https://tinyurl.com/3med64hd
About Soluna Holdings
Headquartered in Albany, N.Y., Soluna Holdings, Inc. designs,
develops, and operates digital infrastructure that transforms
surplus renewable energy into global computing resources. The
Company's modular data centers can be co-located with wind, solar,
or hydroelectric power plants and support compute-intensive
applications, including Bitcoin mining, generative AI, and
scientific computing. This approach aids in energizing a greener
grid while providing cost-effective and sustainable computing
solutions.
Albany, N.Y.-based UHY LLP, the Company's auditor since 2021,
issued a "going concern" qualification in its report dated Mar. 31,
2025, attached in the Company's Annual Report on Form 10-K for the
year ended Dec. 31, 2024, citing that the Company was in a net
loss, has negative working capital, and has significant outstanding
debt that raise substantial doubt about its ability to continue as
a going concern.
As of June 30, 2024, Soluna Holdings had $98.68 million in total
assets, $48.74 million in total liabilities, and $49.93 million in
total equity.
SOUTHWEST FIRE: Case Summary & 15 Unsecured Creditors
-----------------------------------------------------
Debtor: Southwest Fire Defense, LLC, a New Mexico limited
Southwest Fire Defense & Tree Removal Services
8 Via De Los Martinez
Santa Fe, NM 87506
Business Description: Southwest Fire Defense LLC provides
emergency same-day hazard tree removal, tree
trimming, stump grinding, defensible space
creation and tree risk assessment services
in the Santa Fe, New Mexico area. Founded
in 2014 by former firefighter Daniel
A. Martinez, the Company offers free
estimates.
Chapter 11 Petition Date: July 28, 2025
Court: United States Bankruptcy Court
District of New Mexico
Case No.: 25-10924
Judge: Hon. Robert H. Jacobvitz
Debtor's Counsel: Chris Gatton, Esq.
GATTON & ASSOCIATES, P.C.
10400 Academy NE Suite 350
Albuquerque NM 87111
Tel: (505) 271-1053
Email: chris@gattonlaw.com
Total Assets: $706,464
Total Liabilities: $1,530,318
Daniel Martinez signed the petition as owner and president.
A full-text copy of the petition, which includes a list of the
Debtor's 15 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/V3DFXKQ/Southwest_Fire_Defense_LLC_a_New__nmbke-25-10924__0001.0.pdf?mcid=tGE4TAMA
SPIRIT AIRLINES: To Layoff 200 Pilots, To Demote 100+ Others
------------------------------------------------------------
Leslie Josephs of CNBC reports that Spirit Airlines announced on
Monday, July 28, 2025, that it will furlough 270 pilots this fall
as the airline reduces its flight schedule during the slower travel
season in an effort to regain financial stability. In addition, 140
pilots will be downgraded from captain to first officer, according
to a notice from the Air Line Pilots Association (ALPA), the union
representing Spirit pilots. The downgrades will take effect October
1.
"This is tough news, and there's no way to soften it. As Spirit
continues to shrink, pilot seniority and long-term career prospects
at the airline are taking a hit," said Ryan Muller, a captain and
chairman of Spirit's ALPA unit. The pilot furloughs are scheduled
to begin November 1, 2025 with the airline citing the need to
"better align staffing with our flight schedule."
Spirit emerged from Chapter 11 bankruptcy in March 2025 and has
since been trying to revamp its image by offering more premium
travel options, moving away from its long-standing budget model,
according to CNBC.
"We're making necessary adjustments to improve operational
efficiency as part of our broader plan to return to profitability,"
the airline said in a statement to CNBC.
Airlines across the board have reported weaker demand this 2025,
particularly during non-peak travel periods.
"We recognize the difficulty of this decision and are committed to
treating all impacted team members with care and respect," Spirit
added.
The carrier also implemented pilot furloughs last 2024 as it neared
its bankruptcy filing, the report states.
About Spirit Airlines
Spirit Airlines, Inc. (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders.
At the time of the filing, Spirit Airlines reported $1 billion to
$10 billion
in both assets and liabilities. Judge Sean H. Lane oversees the
case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor and
Latham & Watkins LLP is serving as legal counsel to Frontier.
STONE DELUXE: Court OKs Deal to Use Cash Collateral Until Sept. 16
------------------------------------------------------------------
Stone Deluxe Inc. received another extension from the U.S.
Bankruptcy Court for the Central District of California, Santa Ana
Division, to use the cash collateral of its secured creditor.
The court approved a stipulation extending the Debtor's authority
to use the cash collateral of the U.S. Small Business
Administration until September 16 for payment of expenses incurred
after its Chapter 11 filing.
A portion of the Debtor's personal property constitutes cash
collateral of SBA, which holds a secured lien on the property. The
Debtor still owes the agency $492,148.17.
As adequate protection for the use of its cash collateral, SBA will
be granted a valid, non-avoidable and automatically perfected
replacement lien on revenues generated by the Debtor after its
bankruptcy filing to the same extent, priority and validity that
its lien attached to the personal property.
In addition, SBA will continue to receive a monthly payment of
$2,509 and is entitled to a superpriority claim over the life of
the Debtor's bankruptcy case.
About Stone Deluxe Inc.
Stone Deluxe Inc., operating as Stone Deluxe Tile, is a specialized
design services company focusing on stone and tile products.
Stone Deluxe sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. C.D. Cal. Case No. 25-11348) on May 20, 2025. In its
petition, the Debtor reported estimated assets between $100,000 and
$500,000 and estimated liabilities between $500,000 and $1
million.
Judge Scott C. Clarkson handles the case.
Andy C. Warshaw, Esq., serves as the Debtor's legal counsel.
TERRAFORM LABS: Dentons US Stalls Discovery in Ch. 11, Court Told
-----------------------------------------------------------------
Alex Witternberg of Law360 reports that the bankruptcy plan
administrator for collapsed crypto firm Terraform Labs alleges that
Dentons US LLP is hindering discovery efforts in a bid to secure
final approval of approximately $25 million in fees, accusing the
firm of trying to "run out the clock" to evade an investigation
into its involvement in Terraform's failure.
About Terraform Labs
Terraform Labs Pte. Ltd. -- https://www.terra.money -- is a startup
that created Terra, a blockchain protocol and payment platform used
for algorithmic stablecoins. It was co-founded by Do Kwon and
Daniel Shin in 2018 in Seoul, South Korea.
Terraform Labs introduced its first cryptocurrency token, TerraUSD,
in 2019. Investment firms like Arrington Capital, Coinbase
Ventures, Galaxy Digital, and Lightspeed Venture Partners helped
Terraform Labs raise more than $200 million.
The collapse of the stablecoins TerraUSD (UST) and Luna in May 2022
caused the temporary suspension of the Terra network, wiping out
over $45 billion in market capitalization in a single week.
Both of Terra Form Labs' founders have encountered legal problems
as a result of the devaluation of the company's currency. In
September 2022, South Korean prosecutors filed a warrant for Do
Kwon's arrest. He was also added to Interpol's Red Notice list,
which urges other law enforcement to find and detain him.
Terraform Labs Pte. Ltd. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 24-10070) on Jan. 22,
2024. In the petition filed by Chris Amani, as chief executive
officer, the Debtor estimated assets and liabilities between $100
million and $500 million each.
The Debtor is represented by Zachary I Shapiro, Esq., at Richards,
Layton & Finger, P.A.
TONIX PHARMACEUTICALS: BlackRock Holds 5.7% Stake as of June 30
---------------------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of June 30, 2025, it
beneficially owns 420,448 shares of Tonix Pharmaceuticals Holding
Corp.'s Common Stock, representing approximately 5.7% of the shares
outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/39snzca8
About Tonix Pharmaceuticals
Chatham, N.J.-based Tonix Pharmaceuticals Holding Corp., through
its wholly owned subsidiary Tonix Pharmaceuticals, Inc., is a fully
integrated biopharmaceutical company focused on developing and
commercializing therapeutics to treat and prevent human disease and
alleviate suffering.
As of December 31, 2024, the Company had $162.9 million in total
assets, $23.3 million in total liabilities, and $139.6 million in
total stockholders' equity.
Iselin, N.J.-based EisnerAmper LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
March 18, 2025, citing that the Company has continuing losses and
negative cash flows from operating activities that raise
substantial doubt about its ability to continue as a going concern.
TRINSEO PLC: BlackRock Holds 6.3% Stake as of June 30
-----------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of June 30, 2025, it
beneficially owns 2,255,125 shares of Trinseo PLC's Common Stock,
representing approximately 6.3% of the shares outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/yc6p6h4c
About Trinseo
Headquartered in Wayne, PA, Trinseo (NYSE: TSE) (www.trinseo.com),
a specialty material solutions provider, partners with companies to
bring ideas to life in an imaginative, smart, and sustainably
focused manner by combining its premier expertise, forward-looking
innovations, and best-in-class materials to unlock value for
companies and consumers. From design to manufacturing, Trinseo taps
into decades of experience in diverse material solutions to address
customers' unique challenges in a wide range of industries,
including building and construction, consumer goods, medical, and
mobility.
* * *
In January 2025, S&P Global Ratings raised the issuer credit rating
on Trinseo PLC to 'CCC+' from 'SD' (selected default). All
issue-level and recovery ratings on the company's existing debt are
unchanged. The outlook is negative and reflects the challenging
macroeconomic environment affecting the company's key end markets
and S&P's expectation that credit metrics will remain pressured
over the next 12 months.
UNIVERSAL BIOCARBON: Seeks to Extend Plan Exclusivity to Sept. 26
-----------------------------------------------------------------
Universal Biocarbon Inc. asked the U.S. Bankruptcy Court for the
Southern District of Florida to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to
September 26 and November 25, 2025, respectively.
The Debtor explains that it is currently in the midst of processing
court approved post petition financing and awaiting the return of
appraisals and asset valuation reports to continue with the loan
transaction. Accordingly, the Debtor requests that the exclusivity
deadline be extended to allow the loan transaction to proceed upon
receipt of the appraisals and valuation reports.
The Debtor claims that its request for extension of the Exclusive
Periods is reasonable given the Debtors' progress to date.
Extending the Exclusive Periods will give the Debtors the
opportunity to have the Debtors' Plan of Reorganization confirmed.
The Debtor asserts that it is not seeking this extension to delay
the administration of the case or to pressure creditors to accept
an unsatisfactory plan. To the contrary, the requested extension to
the Exclusive Periods will permit the Debtors to move forward in an
orderly, efficient and cost-effective manner to maximize the value
of the Debtors' assets.
The Debtor further asserts that its request for extension of the
Exclusive Periods is reasonable given the Debtor's progress to
date. As such, good cause exists to grant the relief requested
herein and extend the Exclusive Periods.
Universal Biocarbon Inc. is represented by:
Craig I. Kelley, Esq.
Kelley Kaplan & Eller, PLLC
1665 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
Telephone: (561) 491-1200
Facsimile: (561) 684-3773
Email: bankruptcy@kelleylawoffice.com
About Universal Biocarbon Inc.
Universal Biocarbon Inc. transforms vegetative biomass such as yard
waste and tree trimmings, into high-quality carbon products like
compost, mulch, biochar, and activated carbon. Through a
partnership with the Sunshine State Biomass Cooperative, UBC
creates a cycle of beneficial reuse, sharing profits with the
suppliers of biomass feedstock. The company is based in Canal
Point, Fla.
Universal Biocarbon filed Chapter 11 petition (Bankr. S.D. Fla.
Case No. 25-10987-EPK) on January 30, 2025, listing up to $1million
in assets and up to $10 million in liabilities. David Disbrow,
chairman and founder of Universal Biocarbon, signed the petition.
Judge Erik P. Kimball oversees the case.
Craig I. Kelley, Esq., at Kelley Kaplan & Eller, PLLC, represents
the Debtor as legal counsel.
VALVES AND CONTROLS: Seeks Chapter 11 Bankruptcy in Delaware
------------------------------------------------------------
On July 1, 2025, Valves and Controls US Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Delaware. According to court filing, the Debtor reports between
$100 million and $500 million in debt owed to 1,000 and 5,000
creditors. The petition states funds will be available to unsecured
creditors.
About Valves and Controls US Inc.
Valves and Controls US Inc., previously known as Weir Valves &
Controls USA Inc., is a manufacturer of industrial valves and
control systems operating within the fabricated metal product
manufacturing industry.
Valves and Controls US Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11403) on July 1,
2025. In its petition, the Debtor reports estimated assets between
$50 million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Patrick J. Reilley, Esq. at Cole
Schotz P.C.
VESTTOO LTD: STL Namos Can Intervene in Goldeneye v. Hanaco Case
----------------------------------------------------------------
Magistrate Judge Valerie Figueredo of the United States District
Court for the Southern District of New York granted STL Namos LP's
motion to intervene in the case captioned as GOLDENEYE ADVISORS,
LLC, Plaintiff, -v- HANACO VENTURE CAPITAL, LTD., et al.,
Defendants, Case No. 24-cv-09918-VSB-VF (S.D.N.Y.) under Federal
Rule of Civil Procedure 24 for the limited purpose of moving to
compel arbitration.
Plaintiff Goldeneye Advisors, LLC is a limited liability company
organized under the laws of South Dakota. Defendant Hanaco is a
venture capital firm organized under the laws of Israel. STL Namos,
a limited partnership organized under the laws of Delaware, is a
fund used by Hanaco to invest in Israeli start-up companies.
This dispute arises out of Goldeneye's $1 million investment in STL
Namos, which STL Namos then invested in Vesttoo, Ltd., an Israeli
startup. The relevant contracts include a Limited Partnership
Agreement of STL Namos, which was among STL Namos GP, the General
Partner, and certain limited partners, including Plaintiff. The
Partnership Agreement includes an arbitration clause which requires
the parties to arbitrate any dispute arising out of or in
connection with the Agreement or any Limited Partner's Subscription
Agreement that cannot be amicably resolved between the parties.
Plaintiff also entered into a Subscription Agreement, which
confirmed Plaintiff's $1 million investment with STL Namos. The
Subscription Agreement reiterates that the partnership between STL
Namos and Plaintiff is governed by the Partnership Agreement, which
contains the arbitration clause.
After Plaintiff's investment, Plaintiff learned that Vesttoo's
purported success was fraudulent, based on management's forgery of
$4 billion worth of letters of credit from financial institutions.
Ultimately, Vesttoo filed for Chapter 11 bankruptcy in Delaware. As
a result of the bankruptcy, Plaintiff allegedly lost its $1 million
investment.
On March 11, 2024, Plaintiff commenced an arbitration proceeding
against STL Namos in Israel, which remains ongoing. On Dec. 24,
2024, Plaintiff commenced this action against Defendants asserting
a claim for violation of Section 10(b) of the Exchange Act, 15
U.S.C. Sec. 78j(b), and Rule 10b-5, and statelaw claims for
fraudulent misrepresentation and negligence.
On Jan. 29, 2025, Defendants and STL Namos served an arbitration
demand notice on Plaintiff. On Jan. 31, 2025, STL Namos filed a
motion to intervene under Federal Rule of Civil Procedure 24. STL
Namos seeks to intervene in this case for the limited purpose of
compelling arbitration pursuant to the Partnership Agreement.
Plaintiff has not opposed the motion to intervene.
STL Namos seeks to intervene as of right under Rule 24(a)(2) or, in
the alternative, at the Court's discretion under Rule 24(b).
The Court says there will be no prejudice or undue delay to the
parties in the action if intervention is permitted. And,
significantly, Plaintiff has not opposed the motion to intervene.
According to the Court, STL Namos has a direct, substantial, and
legally protectable interest in this action. STL Namos is a party
to both agreements that form the contractual basis for Plaintiff's
$1 million investment that is the subject of its claims in this
case and in the Israeli arbitration. Additionally, any rulings in
this case will directly impact STL Namos, because STL Namos has a
duty to indemnify the Defendants in this action.
The Court finds STL Namos has established that it is entitled to
intervention as of right under Rule 24(a)(2).
A copy of the Court's Opinion & Order dated July 24, 2025, is
available at https://urlcurt.com/u?l=I7vbxi from PacerMonitor.com.
About Vesttoo Ltd
Vesttoo Ltd. is a technology-driven collateralized reinsurance
provider in Tel Aviv, Israel. It connects the insurance industry
with the capital markets by combining AI-powered technology with
expertise in data science, insurance and finance.
Vesttoo and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. (Lead Case No. 23-11160) on
August 14 and 15, 2023.
The Honorable Bankruptcy Judge Mary F. Walrath oversees the case.
The Debtors tapped DLA Piper, LLP (US) as legal counsel and Kroll,
LLC as financial advisor. Epiq Corporate Restructuring, LLC is the
claims and administrative agent.
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 Greenberg Traurig, LLP as legal counsel and
Alvarez & Marsal North America, LLC as financial advisor.
WASH BIDCO: S&P Assigns 'B+' ICR on Acquisition by Northleaf
------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issuer credit rating to North
American outsourced laundry services provider Wash BidCo Inc. (dba
WASH) based on the prospective capital structure to be in place
following the close of the acquisition.
S&P said, "At the same time, we assigned our 'BB-' issue-level and
'2' recovery ratings to the proposed senior secured credit
facilities."
WASH) is being acquired by Northleaf Capital Partners and AVALT in
a sponsor-to-sponsor sale.
S&P anticipates WASH will operate with a lower debt quantum and
significantly stronger credit metrics, including an S&P Global
Ratings-adjusted closing leverage of approximately 3.7x. The
significant equity contributions these parties are making to fund
the transaction, alongside their commitment to a 3x leverage
target, also bolsters confidence that they will adhere to moderate
financial policies following the transaction
S&P said, "Our existing ratings on Wash Multifamily Acquisition
Inc. (B-/CreditWatch Negative/--) and its senior secured notes are
unchanged and reflect the existing capital structure prior to the
contemplated transaction. We expect to withdraw these ratings once
the acquisition is complete and the legacy debt has been repaid.
The stable outlook reflects our expectation that the new owners
will maintain leverage approaching 3x by 2026, while the company
accelerates its fleet digitization efforts to enable expanding
profit margins and consistent revenue growth.
"WASH's new capital structure improves the company's leverage and
cash flow profile, and we expect a less aggressive financial policy
under its new ownership. Our rating is based on the capital
structure we expect following the close of the company's
acquisition by its new owners. Its new $625 million term loan B and
a $150 million revolver, along with equity contributions by
Northleaf and AVALT, will address the company's imminent
refinancing. At transaction close, we expect the company to reduce
its funded debt by more than $250 million, which results in S&P
Global Ratings-adjusted leverage declining to about 3.7x from 4.6x.
Meanwhile, we expect the new sponsors will pursue deleveraging
towards their 3.0x target following the acquisition.
"Our assessment of the company's financial policy reflects our view
that Northleaf and AVALT are longer-term investors. This is based
on the owners' sizable equity contribution to the acquisition,
stated leverage target with more conservative debt levels, and
intentions to reinvest more of its cash flow back into the
business. We will closely monitor the company's performance and the
sponsors' capital allocation decisions to ensure they remain in
line with our expectations.
"We expect WASH will reduce its leverage over the next 12-24 months
as it directs cash flow to pay down revolver borrowings while
earnings expand. The company's reduced interest burden will improve
cash generation, and we expect it will increase capital expenditure
(capex) investments to accelerate its fleet digitization
initiatives. Despite higher capex, we expect consistent positive
free operating cash flow (FOCF) that it can use to reduce leverage
towards its 3x target. While much of its non-recurring expenses
should roll off and drive margin expansion in 2026, we anticipate
new sponsor management fees, which we include in our calculation of
EBITDA, will partially offset this benefit. The company's
profitability improvement plans also contribute to expanding profit
margins in our forecast. Overall, we expect about 150 basis points
(bps) of S&P Global Ratings-adjusted EBITDA margin expansion in
2026.
"The company remains capital intensive and generates limited cash
flow. To maintain its fleet and support current revenue levels,
WASH invests approximately 10% of its revenue in capex, with
additional spending to support growth. We expect more than $100
million in annual capex, which limits our projection for reported
FOCF to approximately $23 million in 2025 and $34 million in 2026.
Still, we believe the company could pull back on these investments,
for example by delaying its digitization efforts, to preserve cash
if necessary.
"Its initiatives to improve profitability should enable modest
margin expansion over the next several years, though execution
risks are present. The company continues to digitize its fleet, a
multi-year process that we expect to improve its operating
efficiency by reducing cash collection needs and enabling more
precise and timely pricing actions. Additionally, the company plans
to realign its commission structure with landlords based on the
sponsors' own research that indicates some opportunity to improve
its economics. While customer service tends to be the main concern
for landlords and common area laundry income reflects a small
portion of their operations, we believe this strategy presents a
risk of increasing attrition rates or a shift to higher fixed
components in its laundry facility leases, with uncertain net
benefits. The company, under new ownership, also intends to pursue
new cost-saving initiatives by completing integrations of past
acquisitions, consolidating corporate functions, and centralizing
account systems, among other plans. While we believe it will likely
achieve some of its cost savings plans, we also consider execution
risks that could lead to business disruption.
"We expect pricing initiatives and fleet expansion to be key
drivers of WASH's future revenue growth. The company has
consistently demonstrated an ability to increase prices at a rate
slightly above inflation, a trend we expect to continue, while
maintaining good retention rates, about 98%, on its recurring
revenue base. We also expect it to continue expanding its fleet at
a modest pace. In our updated forecast, we project these
initiatives, combined with moderating currency headwinds, will
support annual revenue growth in the 4% to 5% range this year. In
addition to currency risks, landlord resistance to lower
commissions, combined with competitive pressures, also presents a
risk to our forecast.
"The stable outlook reflects our expectation that the company's new
sponsors will maintain a less aggressive financial policy that
allows deleveraging towards 3x by 2026. We anticipate lower debt
service costs that improve cash flow characteristics and enable the
company to accelerate fleet digitization initiatives while cost
management efforts also drive profit margin expansion. Modest
revenue in the 4%-5% range annually along with consistently
improving profitability should contribute to deleveraging."
S&P could lower the rating on WASH if it expects leverage to
increase and approach 4x. This could occur, for example, if:
-- The sponsors demonstrate more aggressive financial policies
inconsistent with their stated 3x leverage target and compared to
S&P's expectations; or
-- Execution issues related to its operational efficiency
initiatives lead to deteriorating profit margins and weakening cash
flow.
WASH's modest scale, high capex requirements, and limited cash flow
generation currently limit the potential for a higher rating.
Still, S&P could raise its rating on the company if:
-- It significantly expands its scale, perhaps through
acquisitions that also diversify its scope of offerings;
-- It improves its cash generation profile with sustained profit
margin expansion driven by successful fleet digitization; and
-- It maintains leverage at about 3x or below.
WELLPATH HOLDINGS: Court Nixes Creditors' Ch. 11 Plan Releases Bid
------------------------------------------------------------------
Clara Geoghegan of Law360 reports that on Friday, July 25, 2025, a
Texas bankruptcy judge ruled that creditors who agreed to grant
releases to non-debtor third parties under prison health care
provider Wellpath's Chapter 11 plan are not entitled to receive
releases from claims that Wellpath may hold against them.
About Wellpath Holdings
Wellpath Holdings, Inc., formerly known as CCS-CMGC Holdings, Inc.,
is a provider of medical and mental healthcare in jails, prisons,
and inpatient and residential treatment facilities.
Wellpath Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 24-90533) on Nov. 11, 2024. Timothy Dragelin, chief
restructuring officer and chief financial officer, signed the
petitions.
At the time of the filing, the Debtors reported $1 billion to $10
billion in assets and liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Marcus A. Helt, Esq. at McDermott Will & Emery,
LLP as bankruptcy counsel; FTI Consulting, Inc., as financial
advisor; and Lazard Freres & Co., LLC and MTS Partners, LP as
investment banker.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Wellpath
Holdings, Inc. and its affiliates.
Proskauer Rose LLP represents the Committee as its co-counsel.
Huron Consulting Services LLC and Dundon Advisers LLC were selected
as the Committee's financial advisor.
WELLPATH HOLDINGS: Dr. Angela Joseph Dismissed from Labadie Case
----------------------------------------------------------------
Judge Susan K. DeClercq of the United States District Court for the
Eastern District of Michigan dismissed Dr. Angela Joseph from the
case captioned as KIRK LABADIE, v. GERALD DANCY, et al.,
Defendants, Case No. 2:23-cv-11960 (E.D. Mich.) without prejudice
for plaintiff's failure to exhaust administrative remedies.
On Nov. 7, 2024, Magistrate Judge Kimberly G. Altman issued a
report and recommendation (R&R) addressing Defendant Joseph's
motion to dismiss. But 10 days later, Defendant Joseph filed a
notice of automatic bankruptcy stay because her employer, Wellpath
LLC, had filed for Chapter 11 bankruptcy. In May 2025, the
automatic bankruptcy stay was lifted.
Judge Altman provided 14 days to object to the R&R, but neither
party did so. All parties have therefore forfeited their right to
appeal Judge Altman's findings. Moreover, the Court finds there is
no prejudicial clear error in the report. Accordingly, it is
ordered that the R&R is adopted.
A copy of the Court's Order dated July 23, 2025, is available at
https://urlcurt.com/u?l=QqkWqh
About Wellpath Holdings
Wellpath Holdings, Inc., formerly known as CCS-CMGC Holdings, Inc.,
is a provider of medical and mental healthcare in jails, prisons,
and inpatient and residential treatment facilities.
Wellpath Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 24-90533) on Nov. 11, 2024. Timothy Dragelin, chief
restructuring officer and chief financial officer, signed the
petitions.
At the time of the filing, the Debtors reported $1 billion to $10
billion in assets and liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Marcus A. Helt, Esq., at McDermott Will & Emery,
LLP, as bankruptcy counsel; FTI Consulting, Inc., as financial
advisor; and Lazard Freres & Co., LLC and MTS Partners, LP as
investment banker.
WHITEEAGLE PROPERTIES: Case Summary & Six Unsecured Creditors
-------------------------------------------------------------
Debtor: Whiteeagle Properties 22 Corp.
115 N Main Street
Lindsborg, KS 67456
Business Description: Whiteeagle Properties 22 Corp. is a real
estate holding company based in Lindsborg,
Kansas, associated with commercial property
at 115 N Main Street.
Chapter 11 Petition Date: July 28, 2025
Court: United States Bankruptcy Court
District of Kansas
Case No.: 25-10770
Judge: Hon. Mitchell L. Herren
Debtor's Counsel: Mark J. Lazzo, Esq.
MARK J LAZZO PA
3500 N Rock Road Bldg 300 Suite B
Wichita, KS 67030
Tel: 316-263-6895
E-mail: mark@lazzolaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by David A. Rendon as president.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Q67ICZI/Whiteeagle_Properties_22_Corp__ksbke-25-10770__0001.0.pdf?mcid=tGE4TAMA
WHITEHALL PHARMACY: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Whitehall Pharmacy, LLC got the green light from the U.S.
Bankruptcy Court for the Eastern District of Arkansas to use cash
collateral.
The court's order authorized the Debtor's interim use of cash
collateral to pay expenses in accordance with its budget.
As protection for the Debtor's use of its cash collateral, the
lenders including Cardinal
Health and Stone Bank will be granted perfected post-petition
replacement liens and additional liens on all of the Debtor's
assets, including accounts receivable and cash, in the same
priority as existed on the petition date.
.
The replacement liens do not apply to avoidance actions and
"designated 506(c) rights."
A further hearing is scheduled for August 14.
The Debtor operates multiple locations including in Pine Bluff,
Pulaski, Lincoln, and Jefferson counties, serving approximately
80,000 to 90,000 patients who rely on its prescription services.
Its Chapter 11 filing was prompted by a disputed $1.4 million
claim brought by Jefferson Regional Medical Center, which the
Debtor contests.
Secured creditors include Cardinal Health, which holds a lien on
inventory and accounts receivable ($1.1–1.4 million balance);
Stone Bank, with a blanket lien on most assets ($1.2 million);
Gateway Bank, secured by furniture, fixtures, and equipment; and
River Bank, with a mortgage on real property owned by a non-debtor
($150,000).
The Debtor's cash collateral comprises cash on hand, approximately
$1.2 million in receivables, and about $750,000 in inventory.
Stone Bank is represented by:
Ryan J. Caststeel, Esq.
Hopkins Caststeel, PLC
Attorneys at Law
1000 West Second
Little Rock, Arkansas 72201
Telephone: (501) 375-1517
Facsimile: (501) 375-0231
rcaststeel@hopkinslawfirm.com
About Whitehall Pharmacy LLC
Whitehall Pharmacy, LLC operates pharmacies in multiple locations
in Arkansas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-12406) on July 21,
2025. In the petition signed by Floyd Lelan Stice, sole owner, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Phyllis M. Jones oversees the case.
Charles Darwin Davidson, Sr., Esq., at Davidson Law Firm,
represents the Debtor as legal counsel.
WINDTREE THERAPEUTICS: Inks $60M Private Placement
--------------------------------------------------
Windtree Therapeutics, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
entered into a securities purchase agreement with the purchasers
named therein pursuant to which the Company agreed to sell and
issue to the Purchasers in a private placement offering an
aggregate of:
(i) approximately 60,000 shares of the Company's newly issued
Series E Convertible Preferred Stock, par value $0.001 per share at
an offering price of $1,000 per share of Series E Preferred Stock,
and
(ii) warrants to purchase up to an aggregate of 66,000,000
shares of our common stock of the Company, par value $0.001 per
share.
The Series E Preferred Stock may be converted into Conversion
Shares at a price equal to the Stated Value divided by $0.30.
The aggregate offering price of the Offering is approximately
$60,000,000, payable in cash, the native token of the BNB chain
commonly referred to as "BNB," or shares of Osprey BNB Chain Trust,
provided, however, prior to the closing of the Purchase Agreement,
the Purchasers may elect to increase its purchase to up to 200,000
shares of Series E Preferred Stock on the same terms as the initial
purchase, resulting in an aggregate purchase price of up to $200
million. The Company intends to use the proceeds to acquire BNB as
a treasury strategy, with up to $2 million to be used for working
capital needs and other general corporate purposes.
In a press release, Windtree emphasized the strategic impact of the
agreement, noting that the transaction is expected to establish a
robust BNB Crypto Treasury Strategy, including custody, security
and yield generation, positioning the Company as a pioneer in the
BNB and Binance Ecosystem. Build and Build Corp's involvement
speaks to its confidence in Windtree's vision to become a leader in
BNB, driving transformative opportunities within the rapidly
evolving digital asset landscape.
"Today marks a pivotal moment for Windtree," said Jed Latkin, Chief
Executive Officer of Windtree. "This transaction secures up to $200
million from institutional investors, offering our shareholders a
unique opportunity to gain exposure to a BNB-focused crypto
treasury strategy."
Patrick Horsman, CFA and Director of Build & Build Corp, added: "We
are thrilled to propose a groundbreaking BNB strategy to the U.S.
market. This innovative solution will offer investors targeted
exposure to Binance and BNB, addressing what we believe to be a
critical gap in the U.S. investment landscape."
Following these strategic statements, Windtree also provided
further details regarding the structure and legal basis of the
offering.
The Series E Preferred Stock, the Conversion Shares, the Warrants,
and the Warrant Shares are being offered in reliance upon the
exemption from the registration requirement of the Securities Act
of 1933, as amended, pursuant to Section 4(a)(2) thereof and/or
Rule 506(b) of Regulation D promulgated thereunder, and applicable
state securities laws. The issuance of Series E Preferred Stock,
the Conversion Shares, the Warrants, and the Warrant Shares have
not been registered under the Securities Act and such securities
may not be offered or sold in the United States absent registration
or an exemption from registration under the Securities Act and any
applicable state securities laws.
The Offering is expected to close upon satisfying customary closing
conditions, including obtaining requisite stockholder approval in
accordance with Nasdaq Listing Rule 5635(b) and (d).
Pursuant to the Securities Purchase Agreement, the Company has
agreed to use its reasonable best efforts to obtain Stockholder
Approval within 60 days following the Execution Date. If despite
the Company's reasonable best efforts Stockholder Approval is not
obtained within 60 days following the Execution Date, the Company
will cause a special meeting of stockholders to be held within 120
days following the Execution Date to obtain Stockholder Approval.
In the event Stockholder Approval is not obtained within 120 days
following the Execution Date, the Securities Purchase Agreement
will become null and void.
However, the Purchasers will not have the right to terminate the
Securities Purchase Agreement within the 120-day period following
the Execution Date except upon the terms and conditions specified
in the Securities Purchase Agreement. In addition, the Company has
agreed not to issue, enter into any agreement to issue, or announce
the issuance or proposed issuance of any shares of Common Stock or
Common Stock equivalents, or file any registration statement or any
amendment or supplement thereto, for a period commencing on the
Execution Date, and ending immediately following the thirtieth
(30th) trading day after the later of:
(a) the effective date of the Stockholder Approval and
(b) 360 calendar days after the earlier to occur of:
(I) the first date on which the registration statement
registering the resale by the Purchasers of the all the Series E
Preferred Stock, the Conversion Shares, the Warrants, and the
Warrant Shares is declared effective by the Securities and Exchange
Commission (and each prospectus contained therein is available for
use on such date) or
(II) the first date on which all of the Series E Preferred
Stock, the Conversion Shares, the Warrants, and the Warrant Shares
are eligible to be resold by the Purchasers pursuant to Rule 144.
Upon Closing, the lead investor, Build and Build Corp., will have
the right to nominate two members to the Company's Board of
Directors (the "Board"), one of whom, if duly elected by our
stockholders, shall become Chairman of the Board, so long as:
(i) the Lead Investor, its affiliates, and/or designees,
directly or indirectly, hold at least 5% of the Company's Common
Stock or Common Stock equivalents purchased in the Offering
pursuant to this Securities Purchase Agreement on an aggregate
basis, or
(ii) both of the Asset Management Agreement and the Strategic
Advisor Agreement are in full force or effect and have not been
terminated or expired in accordance with their terms.
Any increase to the number of directors serving on the Board after
the Closing, other than to add the Lead Investor's nominees to the
Board, will require the consent of the majority of the Board,
including the Purchaser's Directors.
Prior to the Closing, the Company must enter into (i) a
Registration Rights Agreement (the "Registration Rights Agreement")
with the Purchasers; (ii) a Strategic Advisor Agreement with an
affiliate of the Lead Investor (the "Strategic Advisory
Agreement"); and (iii) an Asset Management Agreement with an
affiliate of the Lead Investor (the "Asset Management Agreement").
The Company must also file a Certificate of Designations (the
"Certificate of Designation") establishing the Series E Preferred
Stock prior to the Closing.
The Registration Rights Agreement will be in the form of Exhibit C
to the Securities Purchase Agreement, and will provide that the
Company must file a registration statement, within 20 days
following the Closing, providing for the resale by the Purchasers
of the Conversion Shares and the Warrant Shares and to have such
Resale Registration Statement declared effective by the earlier
of:
(i) 50 days following the Closing, and
(ii) two business days after the Company is notified, either
orally or in writing, by the SEC that the Resale Registration
Statement will not be reviewed or will not be subject to further
review.
The Strategic Advisor Agreement is expected to be entered into
between the Company and Cypress Management LLC, a Puerto Rico
limited liability company and an affiliate of the Lead Investor to
expand and diversify the Company's business operations through the
integration of cryptocurrency and digital asset strategies in both
its product offerings and as part of its treasury management
strategy. The Strategic Advisor Agreement is expected to require
Cypress to provide the Company with technical advisory services
regarding the digital asset ecosystem, including BNB and related
technologies, developments in the digital asset and crypto
industries, the selection of third-party vendors with respect to
asset management and related digital asset services, and other
strategic advice regarding the Company's digital assets treasury
operations.
The Asset Management Agreement is expected to be entered into with
an asset manager and affiliate of the Lead Investor. The Asset
Management Agreement is expected to require the Asset Manager to
provide discretionary asset management services with respect to the
Company's proceeds from the Offering. The Asset Manager is expected
to be required to manage the Account Assets.
The Certificate of Designations will be in the form of Exhibit A to
the Securities Purchase Agreement and is expected to have the
following terms:
* General: The Certificate of Designations authorizes a Series
E Preferred Stock with an initial conversion price of $0.30, which
is subject to adjustment as provided in the Certificate of
Designations. The Series E Preferred Stock has a Stated Value of
$1,000 per share, adjusted as appropriate in the event of any
equity dividend, equity split, equity distribution,
recapitalization or combination with respect to the Series E
Preferred Stock. Each share of Series E Preferred Stock is
initially convertible into approximately 3,333 shares of Common
Stock, subject to adjustment as provided in the Certificate of
Designations. No fractional shares will be issued upon conversion;
rather any fractional share will be rounded up to the nearest whole
share.
* Voting Rights: After receiving Stockholder Approval, each
outstanding share of Series E Preferred Stock shall be entitled to
vote on an as converted basis on all matters to which the holders
of the Common Stock are entitled or required to vote, as calculated
on the date of the vote.
* Dividends: Following the issuance of Series E Preferred
Stock, if the Company makes, issues, or fixes a record date for
determining stockholders entitled to receive a dividend or other
distribution payable in securities of the Company (with the
exception of a distribution of shares of Common Stock in respect of
outstanding shares of Common Stock), then the holders of the Series
E Preferred Stock shall be entitled to receive a dividend or other
distribution in an amount equal to such securities as they would
have received if all outstanding Series E Preferred Stock had been
converted to Common Stock on the date of such event.
* Conversion Rights: Each share of Series E Preferred Stock is
convertible, at the option of the Holder, following Stockholder
Approval, into Common Stock by dividing the Stated Value by the
Preferred Conversion Price in effect at the time of the
conversion.
* Redemption: Series E Preferred Stock is not subject to
redemption by the Company or the Holders.
* Liquidation Rights: In the event of any liquidation,
dissolution, or winding up of the Company, the Holders shall be
entitled to be paid out of available funds and assets prior to any
distribution on any Common Stock or Preferred Stock, an amount per
share equal to the Stated Value. In the event available funds and
assets are insufficient to permit the payment to Holders the full
Stated Value, then subject to the rights of any class or series of
stock senior to or pari passu with the Series E Preferred Stock,
all remaining funds and assets of the Company shall be distributed
among the Holders before distribution to any holders of Junior
Stock.
The Warrants will be in form of Exhibit B to the Securities
Purchase Agreement and will have an exercise price of $0.75 per
share of Common Stock. The holders of the Warrants may exercise the
Warrants upon Stockholder Approval, and the Warrants will terminate
on the second anniversary of the Initial Exercise Date. The
Exercise Price and share number of the Warrants is subject to
proportional adjustment upon the occurrence of specified events and
subject to price-based adjustment in the event of any stock split,
stock dividend, stock combination, recapitalization or other
similar transactions, as described in further detail in the
Warrants. In addition, the Exercise Price of the Warrants will
adjust upon subsequent issuances of Common Stock or common stock
equivalents at a price less than the Exercise Price then in effect
to the price of such subsequent issuance. The Warrants may be
exercised pursuant to a cashless exercise provision after the
Initial Exercise Date if there is no registration statement
available for the sale of the Warrant Shares after the
Effectiveness Deadline. The Warrants will contain a beneficial
ownership limitation such that no exercise shall be permitted to
the extent it would cause a Holder to beneficially own in excess of
4.99%, or, at the option of such holder, 9.99% of the outstanding
shares of our Common Stock immediately after giving effect to such
exercise.
The foregoing summary of the Securities Purchase Agreement does not
purport to be complete and is qualified its entirety by reference
to the complete text of the Securities Purchase Agreement, which is
attached as Exhibit 10.1 to this Current Report on Form 8-K and is
hereby incorporated by reference into this Item 1.01. The foregoing
descriptions of the form of the (i) Registration Rights Agreement,
(ii) Warrants, and (iii) Certificate of Designations do not purport
to be complete and are qualified in their entirety by reference to
the complete text of each document included as an exhibit to the
Securities Purchase Agreement.
A full-text copy of the Company's report filed on Form 8-K is
available at https://tinyurl.com/2kj936hv
About Windtree Therapeutics
Headquartered in Warrington, Pennsylvania, Windtree Therapeutics,
Inc. -- windtreetx.com -- is a biotechnology company focused on
advancing early and late-stage innovative therapies for critical
conditions and diseases. The Company's portfolio of product
candidates includes: (a) istaroxime, a Phase 2 candidate that
inhibits the sodium-potassium ATPase and also activates sarco
endoplasmic reticulum Ca2+ -ATPase 2a, or SERCA2a, for acute heart
failure and associated cardiogenic shock; preclinical SERCA2a
activators for heart failure; rostafuroxin for the treatment of
hypertension in patients with a specific genetic profile; and a
preclinical atypical protein kinase C iota, or aPKCi, inhibitor
(topical and oral formulations), being developed for potential
application in rare and broad oncology indications. The Company
also has a licensing business model with partnership out-licenses
currently in place.
Philadelphia, Pennsylvania-based EisnerAmper LLP, the company's
auditor since 2022, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended Dec. 31, 2024, citing that
the Company has suffered recurring losses from operations and
expects to incur losses for the foreseeable future, that raise
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, Windtree Therapeutics had $27.9 million in
total assets, $14.7 million in total liabilities, $3.2 million in
total mezzanine equity, and a total shareholders' equity of $10
million.
X4 PHARMACEUTICALS: BlackRock Holds 3% Stake as of June 30
----------------------------------------------------------
BlackRock, Inc., disclosed in a Schedule 13G/A (Amendment No. 4)
filed with the U.S. Securities and Exchange Commission that as of
June 30, 2025, it beneficially owns 179,125 shares of X4
Pharmaceuticals, Inc.'s Common Stock, representing approximately
3.0% of the shares outstanding.
BlackRock, Inc. may be reached through:
Spencer Fleming, Managing Director
50 Hudson Yards
New York, NY 10001
Phone: (212) 810-5800
A full-text copy of BlackRock's SEC report is available at:
https://tinyurl.com/mv5y2efd
About X4 Pharmaceuticals
Boston, Mass.-based X4 Pharmaceuticals, Inc. is a biopharmaceutical
company focused on discovering, developing, and commercializing
novel therapeutics for the treatment of rare diseases and those
with limited treatment options, particularly conditions resulting
from immune system dysfunction.
Boston, Mass.-based PricewaterhouseCoopers LLP, the Company's
auditor since 2016, issued a "going concern" qualification in its
report dated March 25, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended Dec. 31, 2024, citing that
the Company has incurred operating losses and negative cash flows
from operations since inception that raise substantial doubt about
its ability to continue as a going concern.
[] Jackson Walker Settles w/ Seadrill on Judge Romance Case
-----------------------------------------------------------
Gillian R. Brassil of Bloomberg Law reports that Jackson Walker LLP
has agreed to pay $485,000 to settle claims with former oil driller
Seadrill over the firm's failure to disclose a past romantic
relationship between a former partner and a prominent judge.
According to a July 25, 2025 motion filed in the U.S. District
Court for the Southern District of Texas, the settlement resolves
potential claims brought by reorganized Seadrill Ltd. and its
affiliate, Seadrill Partners LLC. The agreement, which is subject
to court approval, would grant Jackson Walker liability releases
from both entities.
About Jackson Walker LLP
Jackson Walker LLP is a law firm. The Firm's practice areas include
aviation, antitrust, bankruptcy, energy, environmental,
entertainment, health care, immigration, insurance, intellectual
property, international, labor and employment, real estate, and tax
law.
About Seadrill Ltd.
Seadrill Limited operates as an oil and gas field service company.
The Company offers drilling contracting services to unlock oil and
gas resources for clients across harsh and benign locations.
Seadrill serves customers worldwide.
[] Newsbury Storage Facility Up for Sale on Aug. 19
---------------------------------------------------
JSJ Auctions will old a public auction on Aug. 19, 2025, at 2:00
p.m., for the sale of 179+/- unit self-storage facility located at
706 NH-103A, Newbury, New Hampshire. A $50,000 deposit, balance
due within 30 days. The sale is subject to confirmation by the
special administrator, the administrator reserves the right to
reject any and all bids. A 5% buyers premium payable to the
auctioneer due at closing. For a complete terms and additional
info, visit:
https://www.jsjauctions.com/
[] Portage Point Adds Albergotti as Turnaround & Restructuring MD
-----------------------------------------------------------------
Portage Point Partners, LLC (Portage Point), a blue-chip advisory,
consulting, interim management and financial services firm focused
on the middle market, announces the addition of Robert Albergotti
as Managing Director to the Turnaround & Restructuring Services
(TRS) practice.
Rob has spent more than two decades serving as Chief Restructuring
Officer, interim CFO and lead advisor on complex Chapter 11 and
out-of-court restructurings -- ranging from asset divestitures to
debt refinancing and DIP financings. He specializes in business
planning, financial reporting, treasury management, Chapter 11
administration and operational improvements, spanning strategic
alternative assessments, contingency planning, bankruptcy
administration and post-emergence trustee duties across a variety
of industries including aviation, retail, manufacturing, energy
production and oilfield services.
"I am excited to join Portage Point and contribute to the continued
growth of the TRS practice. The firm's reputation for delivering
exceptional outcomes through hands-on leadership and collaborative
execution aligns perfectly with my approach," said Rob Albergotti.
"I look forward to contributing to impactful client outcomes across
all practice lines, including Performance Improvement, Transaction
Advisory Services, Transaction Execution Services, Interim
Management, Investment Banking and Office of the CFO."
"We are thrilled to welcome Rob to the TRS team. His deep
experience, steady leadership and proven ability to guide companies
through complex restructurings make him an exceptional addition,"
said Tom Studebaker, Managing Director and Co-Head of TRS. "Rob's
arrival further strengthens our ability to deliver critical
solutions and best-in-class results to clients."
"Rob delivers a proven track record of driving operational
excellence and leading complex transformations," stated Matthew
Ray, Founder and CEO of Portage Point. "His strategic approach to
restructuring and his ability to navigate challenging situations
have delivered measurable value for stakeholders and clients alike.
I am confident that his experience and insight will further
strengthen our team."
Prior to Portage Point, Rob served as CFO at CHC Group LLC and as a
Partner and Managing Director in AlixPartners Turnaround &
Restructuring Services practice.
About Portage Point Partners
Portage Point Partners is a business advisory, interim management
and investment banking firm intensely focused on the middle market.
Portage's blue chip team leverages bulge bracket experience in
consulting, operations, finance, accounting, investment banking and
investing to provide unmatched transactional, operational and
financial perspectives to middle market stakeholders. The Portage
Point cross-functional platform is uniquely architected to offer
fully integrated capabilities and solutions that identify value
capture, mitigate risk and positively impact outcomes at every
stage of the ever-changing middle market business lifecycle. From
ideation to monetization, Portage Point delivers excellence across
transaction advisory services, transaction execution services,
office of the CFO, performance improvement, interim management,
investment banking, operational turnaround and financial
restructuring. Learn how Portage Point can positively impact your
business www.portagepointpartners.com.
[] Three Florida Dolphin Aquariums Up For Sale
----------------------------------------------
Keen-Summit Capital Partners LLC will hold a sale of three dolphin
aquariums and real estate (+/-7.98 acres Gulf World Marine Park,
Panama City Beach, +/- 6.06 acres Marineland Dolphin Adventure, St.
Augustine, and +/-38 acres Miami Seaquarium. Stalking horse offers
are being considered. Further information regarding the sale,
contact Keen-Summit at 646-381-9222 or visit
https://www.keen-dolphinrealestate.com/
[^] 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
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers. Information contained
herein is obtained from sources believed to be reliable, but is
not guaranteed.
The single-user TCR subscription rate is $1,400 for six months
or $2,350 for twelve months, delivered via e-mail. Additional
e-mail subscriptions for members of the same firm for the term
of the initial subscription or balance thereof are $25 each per
half-year or $50 annually. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***